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HomeMy WebLinkAbout07-08-2019 LaPA Committee Agenda Packet07/08/2019 Legislative and Public Affairs Committee Page 1 of 2 Orange County Sanitation District Meeting of the LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Monday, July 8, 2019 3:30 P.M. Administration Building Board Room 10844 Ellis Avenue Fountain Valley, CA (714) 593-7433 UAGENDA UPLEDGE OF ALLEGIANCE: UDECLARATION OF QUORUM: UPUBLIC COMMENTS:U If you wish to address the Committee on any item, please complete a Speaker’s Form (located at the table outside of the Board Room) and submit it to the Clerk of the Board or notify the Clerk of the Board the item number on which you wish to speak. Speakers will be recognized by the Chairman and are requested to limit comments to three minutes. UREPORTS:U The Committee Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Committee Members. These reports are for information only and require no action by the Committee. UCONSENT CALENDAR:U Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1. APPROVAL OF MINUTES (Clerk of the Board) RECOMMENDATION: Approve minutes for the Committee meeting held on June 10, 2019. NON-CONSENT: 2. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF JUNE 2019 (Jim Herberg) RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of June 2019. 3. PUBLIC AFFAIRS UPDATE FOR THE MONTH OF JUNE 2019 (Jim Herberg) RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the month of June 2019. 07/08/2019 Legislative and Public Affairs Committee Page 2 of 2 UINFORMATION ITEMS: None. UOTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY:U BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: At this time Board members may request staff to place an item on a future agenda. UADJOURNMENT: The next Legislative and Public Affairs Committee meeting is scheduled for Monday, September 9, 2019 at 12:00 p.m. Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board’s office at (714) 593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted outside the main gate of the Sanitation District’s Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District’s website at www.ocsd.com, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are available for public inspection in the office of the Clerk of the Board. Agenda Description: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Kelly A. Lore, MMC Clerk of the Board (714) 593-7433 Klore@ocsd.com For any questions on the agenda, Committee members may contact staff at: General Manager James D. Herberg (714) 593-7300 30T30T30T30T30TU30TU30Tjherberg@ocsd.comUU30T30T30T Assistant General Manager Rob Thompson (714) 593-7310 30Trthompson@ocsd.com30T Assistant General Manager Lorenzo Tyner (714) 593-7550 30Tltyner@ocsd.com30T Director of Environmental Services Lan Wiborg (714) 593-7450 lwiborg@ocsd.com Public Affairs Supervisor Jennifer Cabral (714) 593-7581 30T30T30Tjjcabral@ocsd.com30T30T30T Senior Public Affairs Specialist Rebecca Long (714) 593-7444 30T30T30Trlong@ocsd.com30T30T30T 06/10/2019 Legislative and Public Affairs Committee Minutes Page 1 of 4 MINUTES OF THE LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Orange County Sanitation District Monday, June 10, 2019 at 12:00 p.m. A meeting of the Legislative and Public Affairs Committee was called to order by Committee Chair Peter Kim on Monday, June 10, 2019 at 12:01 p.m. in the Administration Building of the Orange County Sanitation District. Chair Kim led the pledge of allegiance. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: Peter Kim, Chair Allan Bernstein, Vice-Chair Lucille Kring, Member-At-Large Christina Shea, Member-At-Large David Shawver, Board Chair John Withers, Board Vice-Chair COMMITTEE MEMBERS ABSENT: Erik Peterson, Member-At-Large STAFF PRESENT: Jim Herberg, General Manager Lorenzo Tyner, Assistant General Manager Kathy Millea, Director of Engineering Lan Wiborg, Director of Environmental Services Tina Knapp, Assistant Clerk of the Board Jennifer Cabral Tanya Chong Daisy Covarrubias Lisa Frigo Rebecca Long Kelly Lore Tyler Ramirez Wally Ritchie OTHERS PRESENT: Brad Hogin, General Counsel Eric Sapirstein, ENS Resources (via teleconference) Eric O’Donnell, Townsend Public Affairs (TPA) Cori Williams, Townsend Public Affairs (TPA) PUBLIC COMMENTS: None. REPORT OF COMMITTEE CHAIR: Committee Chair Kim indicated that Board Vice-Chair John Withers, Committee Vice-Chair Bernstein, and he will be traveling to Washington, D.C. the week of June 17 for advocacy days. REPORT OF GENERAL MANAGER: General Manager Jim Herberg indicated that Item No. 2 is interpreted by the Sanitation District as being storage related. ITEM NO. 1 06/10/2019 Legislative and Public Affairs Committee Minutes Page 2 of 4 CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, and DULY CARRIED TO: Approve minutes for the Committee meeting held on May 13, 2019. AYES: Bernstein, Kim, Kring, Shawver, Shea, and Withers NOES: None ABSTENTIONS: None ABSENT: Peterson 2. POSITION LETTER: ASSEMBLY BILL 1184 (Jim Herberg) MOVED, SECONDED, AND DULY CARRIED TO: Approve letter of Oppose for Assembly Bill 1184 - Public records: writing transmitted by electronic mail: retention (Gloria). AYES: Bernstein, Kim, Kring, Shawver, Shea, and Withers NOES: None ABSTENTIONS: None ABSENT: Peterson NON-CONSENT: 3. TITLE XVI BUREAU OF RECLAMATION FUNDING OPPORTUNITY FOR EFFLUENT REUSE PROJECT UNDER THE WATER INFRASTRUCTURE IMPROVEMENTS FOR THE NATION (WIIN) ACT (Jim Herberg) Senior Public Affairs Specialist Rebecca Long provided an overview of this item. Mr. Herberg and Ms. Long responded to questions from the Committee regarding the amount of funding being applied for. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Adopt Resolution No. OCSD 19-XX entitled, “A Resolution of the Board of Directors of the Orange County Sanitation District approving and authorizing the grant application for the third round of the Title XVI Water Recycling Projects under the Water Infrastructure Improvements for the Nation (WIIN) Act including Orange County Sanitation District’s Effluent Reuse Project; and the Execution of Grant Documents with the United States Department of the Interior, Bureau of Reclamation”. AYES: Bernstein, Kim, Kring, Shawver, Shea, and Withers NOES: None ABSTENTIONS: None ABSENT: Peterson 06/10/2019 Legislative and Public Affairs Committee Minutes Page 3 of 4 4. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF MAY 2019 (Jim Herberg) Ms. Long indicated that October 25 is the tentative date for this year’s State of the District event, which will be held at the Mile Square Golf Course. Eric Sapirstein, ENS Resources, provided a PowerPoint presentation and a brief overview of his monthly report which included: infrastructure funding and policymaking, permit terms legislation, and PFAS/PFOAS update. Board Vice-Chair John Withers inquired about the possibility of classifying the finalization of the GWRS project as stormwater related. In response to a question from Mr. Herberg, Mr. Sapirstein indicated that the Orange County Water District is the lead agency on the delegation letter being drafted to the USEPA pertaining to PFAS. Director Shea inquired about her participation at the US Conference of Mayors and what items might be of focus for her. Staff will work with Mr. Sapirstein to provide talking points and general information to Director Shea. Mr. Herberg indicated that staff is monitoring the PFAS issue. Eric O’Donnell, TPA, provided a PowerPoint presentation that included information on the current legislative schedule and deadlines, FY 2019-2020 budget, water tax update, and 2019 legislation. Mr. O’Donnell also reviewed the current status of AB 1672 (Bloom) – Flushable Wipes and SB 332 (Hertzberg) – Ocean Discharge. Committee Chair Kim deemed the Legislative Affairs Update for the month of May 2019 received and filed. 5. PUBLIC AFFAIRS UPDATE FOR THE MONTH OF MAY 2019 (Jim Herberg) Jennifer Cabral, Public Affairs Supervisor, provided a PowerPoint presentation which reviewed outreach efforts made and meetings attended over the last month, highlighting OCSD’s participation in the Crisis/Risk Communications Strategy. Ms. Cabral thanked the Board Chair and Board Vice-Chair for their participation in the Honor Walk in May. Ms. Cabral provided a definition of what impressions means as it pertains to social media. Board Chair Shawver indicated that an online contest offering the winner a tour of OCSD might garner an increase in interaction with our public. Ms. Cabral welcomed Kelly Newell, Public Affairs Specialist, back from maternity leave and thanked Daisy Covarrubias, Senior Staff Analyst, for assisting Public Affairs while Kelly was on leave. Ms. Cabral also provided a brief description of upcoming events including information on the centrifuge facility ribbon cutting being held on July 27. In response to a comment made by Board Vice-Chair Withers, Ms. Cabral assured the Committee that staff is sensitive to project activity in Huntington Beach, near Plant No. 2, and is collaborating with city staff and the city of Huntington Beach Director appointed to the OCSD Board as appropriate. 06/10/2019 Legislative and Public Affairs Committee Minutes Page 4 of 4 Committee Chair Kim deemed the Public Affairs Update for the month of May 2019 received and filed. INFORMATION ITEMS: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. UBOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Committee Chair Kim declared the meeting adjourned at 12:49 p.m. to the next Legislative and Public Affairs Committee meeting, Monday, July 8, 2019 at 3:30 p.m. Submitted by: _____________________ Tina Knapp, MMC Assistant Clerk of the Board Page 1 of 2 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 07/08/19 To Bd. of Dir. 07/24/19 AGENDA REPORT Item Number 2 Item Number Orange County Sanitation District FROM: James D. Herberg, General Manager SUBJECT: LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF JUNE 2019 GENERAL MANAGER'S RECOMMENDATION Receive and file the Legislative Affairs Update for the month of June 2019. BACKGROUND The Orange County Sanitation District’s (Sanitation District) legislative affairs program includes advocating the Sanitation District’s legislative interests, sponsoring legislation (where appropriate), and seeking Local, State, and Federal funding for projects and programs. Staff will provide an update on recent legislative and grant activities. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities PROBLEM Without a strong advocacy program, elected officials may not be aware that the Sanitation District is more than a wastewater treatment plant – treating and sending water to the ocean. The Sanitation District is an environmentally engaged organization which recycles more than 50 percent of its wastewater. Additionally, to help meet the goal of 100 percent recycling, the Sanitation District uses the byproducts from the wastewater treatment process to produce biosolids to fertilize crops and energy used to help power the two plants in Fountain Valley and Huntington Beach. PROPOSED SOLUTION Continue to work with Local, State, and Federal officials to advocate the Sanitation District’s legislative interests. Help to create/monitor legislation and grants that would benefit the Sanitation District, the wastewater industry, and the community as a whole. Page 2 of 2 To assist in our relationship building activities, we will continue to reach out to our elected officials providing facility tours, one-on-one meetings, and trips to D.C. and Sacramento. RAMIFICATIONS OF NOT TAKING ACTION If we do not work with Local, State, and Federal elected officials, legislation could be passed that negatively affects the Sanitation District and the wastewater industry as a whole. Additionally, this could affect our chances of receiving grant funding. ADDITIONAL INFORMATION Sanitation District Board Vice-Chair John Withers, Committee Chair Peter Kim, Committee Vice-Chairman Allan Bernstein, and General Manager Jim Herberg attended the Washington D.C. Advocacy Days, which took place June 17-19, during which current legislation, regulatory affairs, and possible funding opportunities were discussed. Meetings took place with Congressman Lowenthal; staff from the offices of Congressman Cisneros, Congresswoman Porter, Congressman Correa, and Congressman Rouda; and the National Association of Clean Water Agencies CEO Adam Krantz. ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Federal Update & Legislative Matrix - ENS Resources • State Update & Legislative Matrix - Townsend Public Affairs • Grant Matrix • D.C. Lobby Day Report M E M O R A N D U M TO: Rebecca Long FROM: Eric Sapirstein DATE: June 17, 2019 SUBJECT: Washington Update During the past month, congressional efforts to develop fiscal year 2020 spending bills continued in the House. The Senate leadership continued to work with the Administration to develop a consensus understanding on how to reach an overall spending limit to avoid sequestration that would mean at least 10 percent across-the-board program cuts. On policy issues, several House committees continued to develop a legislative record on the need for infrastructure assistance with a focus on water, despite the apparent collapse of a comprehensive infrastructure package. Concern over Per- and Polyfluoroalkyl Substances - PFAS/PFOA contamination of drinking water supplies continued to command congressional attention through the budget, and policy making process. The following summarizes the status of these and other issues of interest to OCSD. Washington Meetings In Place for Board Members and District Representatives Over the past month, the annual Washington federal advocacy visit was arranged. Meetings are in place for OCSD to meet with its congressional delegation to identify and advocate on behalf of its priorities for infrastructure assistance, advancing support for food waste to energy programs, addressing biosolids management, and water recycling assistance. 2 | Page Fiscal Year 2020 Spending Decisions Maintain Strong Support for Water Needs The House Committee on Appropriations approved both the Interior and Environment Appropriations Bill, which funds the US Environmental Protection Agency (USEPA) programs, and the Energy and Water Development Appropriations Bill, which funds water recycling and water efficiency programs at the United States Bureau of Reclamation (USBR). The House will debate and pass the measures before it recesses for the Independence Day week. Passage of the min-busses is all but assured. Assuming this occurs, the Senate will then have adequate time to develop and pass its versions of these bills. In theory, this would mean that the two chambers could then meet in a conference committee to fashion a final measure in September, before the new fiscal year begins on October 1. However, the Administration has signaled that the increased spending in the House bills and the packaging of several bills into a minibus would result in a veto. It is too early to conclude that the Administration would follow through on the veto. Instead, it would appear highly likely that a stopgap spending measure will be required as Congress and the Administration seek to address contentious issues including the ongoing debate to fund the border wall, increase the debt ceiling limit and reconcile spending priorities in September and October. At USEPA, the State and Tribal Assistance Grants (STAG) program that includes the State Revolving Loan Fund would be funded at a total of $4.6 billion, an increase of $1 billion. Of this amount, the Clean Water SRF would be allocated $1.8 billion and the Drinking Water SRF would receive a record $1.3 billion. Grants to support sustainability projects would be funded at $4 million; a small amount, but the first time such grants have been appropriated. Additionally, for the first time, funding would be provided at $90 million to support direct grants to agencies for addressing stormwater capture for recycling. The Energy and Water Development Appropriations Bill seeks to provide significant funding for water recycling projects with Title XVI receiving $63 million. The Water Infrastructure Improvements for the Nation Act (WIIN) water recycling program would receive $10 million, but has been boosted with $13 million of Title XVI funding directed to be transferred. The small appropriation for WIIN water recycling projects is attributable to the fact that only $10 million in program authorization remains. Assuming the full $63 million is ultimately signed into law, it will offer OCSD a continued source of federal assistance to compete for in the year ahead. The important WaterSmart program that has benefited wastewater agencies implement innovative technologies in the past is appropriated $60 million, providing robust funding for technology assistance. 3 | Page ENS Resources, Inc. 1901 Pennsylvania Avenue, N.W. Suite 1005 Washington, D.C. 20006 Phone 202.466.3755/Telefax 202.466.3787 Regulation and Remediation of PFAS/PFOA The continuing escalating concern over the health impacts connected to PFAS/PFOA contamination of drinking water sources has generated dozens of bills to require either the listing of the chemicals for regulation under the Safe Drinking Water Act or developing grants assistance to communities for the cleanup of water supplies. The Senate is expected to vote on this comprehensive approach that would be attached to the National Defense Authorization Act, all but guaranteeing passage if the amendment is agreed to by the House during conference later this year. As drafted, USEPA would be required to impose monitoring requirements on water agencies. The key issue for OCSD is language that requires USEPA to issue interim guidance on the destruction and disposal of PFAS from, among other sources, biosolids, spent membranes, and filters. In addition, another approach that draws serious consideration is to impose compliance with treatment mandates upon manufacturers of products that contain PFAS/PFOA through effluent limitations. As Congress considers legislation, USEPA continues to study the extent of PFAS/PFOA in the drinking water supply and what the science deems appropriate to develop an enforceable human health protection standard. Recently, California’s Attorney General sent a letter (on behalf of several state Attorneys Generals) to USEPA Administrator Andrew Wheeler demanding that a standard, known as an MCL, be established without delay. The standard if adopted would create an exceptionally low level of detection that could impose new monitoring and treatment mandates on water agencies. Infrastructure Initiative Collapses Due to Inability to Identify Funding Source The conventional wisdom that the White House and Congress would come together and work on a massive infrastructure program evaporated this past month when the president rejected the effort until such time as congressional investigations end. However, it seems that irrespective of the politics surrounding the infrastructure debate, the key challenge involves finding a source of revenue to support a dramatic funding demand in excess of a trillion dollars. While legislative time remains to develop an infrastructure package, it seems more likely that the House and Senate will develop individual infrastructure packages that will be finalized no earlier than next session. To this end, the Committee on Transportation & Infrastructure is expected to approve H.R. 1497 by the end of June or early July. H.R. 1497 would authorize $4 billion annually for five years to support the Clean Water SRF program along with provisions to support disadvantaged communities and other needs including green infrastructure. The priority to address resiliency and alternative water supply needs like water recycling continues to be a focus for the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources. 4 | Page In the House, Representative Josh Harder (D-CA) introduced the S.A.V.E Our Water Ac (H.R. 2473) that would, among other matters, fund individual water recycling projects at a maximum amount of $30 million. The bill would commit $500 million to the overall program for a period of five years. The bill’s water recycling provisions mirror an earlier introduced bill, H.R. 1162, sponsored by Representative Grace Napolitano (D-CA). Both bills received a hearing before the House Subcommittee on Water, Oceans and Wildlife this month. The hearing now allows the bills to be redrafted into one measure, approved by the committee, and sent to the House floor for debate and a vote this summer, at the earliest. In the Senate, Senator Feinstein has just about completed a draft drought resiliency bill that she is collaborating with Senator Cory Gardner (R-CO). The bipartisan bill would likely become the key Senate water bill to address water needs in the western U.S. Staff for Senator Feinstein and the Committee on Energy and Natural Resources continue to work on provisions to address renewal of WIIN provisions related to Bay-Delta issues. Central to the draft are provisions providing $100 million to support water recycling projects, raising the project assistance cap to $30 million, deauthorizing water recycling projects that have not received federal assistance over the past ten years, and creating a low interest loan program - Reclamation Infrastructure Finance and Innovation Act (RIFIA) to stimulate billions in new water infrastructure project funding. OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 1162 Rep. Grace Napolitano (D-CA) Water Recycling Investment and Improvement Act. Establishes a grant program for the funding of water recycling and reuse projects, and for other purposes. House - 3/4/19 Referred to Subcommittee on Water, Oceans, and Wildlife Watch CASA SUPPORTS H.R. 1497 Rep. Peter DeFazio (D-OR) Water Quality Protection and Job Creation Act of 2019. Provides nearly $23.5 billion in direct infrastructure investment over the next five years to address wastewater infrastructure and local water quality challenges. This bill allocates $20 billion in grants for the Clean Water State Revolving Fund. House - 03/06/2019 Referred to the Subcommittee on Water Resources and Environment Watch CASA SUPPORTS H.R. 535 Rep. Debbie Dingell (D-MI)R To require the Administrator of the Environmental Protection Agency to shall designate per- and polyfluoroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. House - 2/7/19 Referred tp Subcommittee on Railroads, Pipelines, and Hazardous Materials Watch NYC H.R. 876 Rep. Peter DeFazio (D-OR) Pacific Northwest Earthquake Preparedness Act of 2019. Requires the FEMA to develop a plan for the purchase and installation of an earthquake early warning system for the Cascadia Subduction Zone. The term "Cascadia Subduction Zone" House - 2/6/19 Passed House by voice vote, received in Senate and referred to Committee on Homeland Security and Governmental Affairs Watch NYC Federal Legislation 2019 - 2020 Priority Updated June 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 667 Rep. Jaime Herrera Beutler (R- WA) Regulatory Certainty for Navigable Waters Act. Repeals the Waters of the United States rule and amend the Federal Water Pollution Control Act definition of navigable waters, and for other purposes. House - 2/7/19 Referred to Subcommittee on Water Resources and Environment Watch NYC S. 403 Sen. Sheldon Whitehouse (D-RI) A bill to encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. Senate - 2/7/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 977 Rep. Brian Mast (R-FL) To require the Corps of Engineers to notify affected communities before releasing water contaminated with cyanobacteria from flood risk management projects, and for other purposes. House - 2/7/19 Referred to Subcommittee on Water Resources and Environment Watch NYC H.R. 892 Rep. Duncan Hunter (R-CA) To amend the Federal Water Pollution Control Act to limit attorney fees and penalties in citizen suits, and for other purposes. House - 2/7/19 Referred to Subcommittee on Water Resources and Environment Watch NYC H.R. 358 Rep. Juan Vargas (D-CA) California New River Restoration Act of 2019. Requires the USEPA to establish a California New River restoration program for the New River. USEPA must (1) implement projects, plans, and initiatives for the New River supported by the California-Mexico Border Relations Council; and (2) provide grants and technical assistance for coordinating restoration and protection activities. House - 2/7/19 Referred to Subcommittee on Water Resources and Environment Watch NYC S. 376 Sen. Rand Paul (R-KY) A bill to amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes. Senate - 2/7/19 Referred to Committee on Environment and Public Works Watch NYC Updated June 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 658 Rep. Rosa DeLauro National Infrastructure Development Bank Act. Facilitates efficient investments and financing of infrastructure projects and new job creation through the establishment of a National Infrastructure Development Bank, and for other purposes. House - 2/7/19 Referred to Subcommittee on Economic Development, Public Buildings, and Emergency Management Watch NYC H.R. 1137 Rep. John Garamendi (D-CA) To amend the Water Resources Development Act of 1986 to repeal the authority relating to reprogramming during national emergencies. House - 2/12/19 Referred to the Subcommittee on Water Resources and Environment Watch NYC H.R. 1317 Rep. Harley Rouda (D-CA) Coastal Communities Adaption Act. Improves the resilience of the built and natural environment to natural disasters and climate change using, among other measures, natural and nature-based features, and for other purposes. House - 3/619 Referred to Subcommittee on Water Resources and Environment Watch NYC S. 638 Sen. Tom Carper (D-DE) A bill to require the Administrator of the Environmental Protection Agency to designate per- and polyfluoroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, Liability Act of 1980, and for other purposes. Senate - 2/28/19 Referred to Committee on Environment and Public Works Watch NYC S. 611 Sen. Bernie Sanders (I-VT) A bill to provide adequate funding for water and sewer infrastructure, and for other purposes. Senate - 2/28/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 1331 Rep. Angie Craig (D-MN) To amend the Federal Water Pollution Control Act to reauthorize certain programs relating to nonpoint source management, and for other purposes. House - 4/9/19 Passed House 329-56. Received in Senate, referred to Committee on Environment and Public Works Watch NYC Updated June 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 1764 Rep. John Garamendi (D-CA) To amend the Federal Water Pollution Control Act with respect to permitting terms, and for other purposes. House - 3/15/19 Referred to Subcommittee on Water Resources and Environment Watch CASA, NACWA, ACWA - Support S. 950 Sen. Debbie Stabenow (D-MI) PFAS Detection Act of 2019. Requires the Director of the United States Geological Survey to perform a nationwide survey of perfluorinated compounds, and for other purposes. Senate - 3/28/19 Referred to Committee on Environment and Public Works Watch NYC S. 933 Sen. Sheldon Whitehouse (D-RI) BLUE GLOBE Act. Improves data collection and monitoring of the Great Lakes, oceans, bays, estuaries, and coasts, and for other purposes. Senate - 3/28/19 Referred to Committee on Commerce, Science, and Transportation Watch NYC S. 914 Sen. Roger Wicker (R-MS) Coordinated Ocean Observations and Research Act of 2019. Reauthorizes the Integrated Coastal and Ocean Observation System Act of 2009, to clarify the authority of the Administrator of the National Oceanic and Atmospheric Administration with respect to post-storm assessments, and to require the establishment of a National Water Center, and for other purposes. Senate - 4/3/19 Referred to Committee on Commerce, Science, and Transportation Watch NYC H.R. 2019 Rep. Jerry McNerney (D-CA) Smart Energy and Water Effeciency Act of 2019. Provides for a smart water resource management pilot program. House - 4/9/19 Referred to Committee on Science, Space, and Technology Watch NYC H.R. 1904 Rep. Raul Grijalva (D-CA) Indian Water Rights Settlement Extension Act. Amends the Omnibus Public Land Management Act of 2009 to make the Reclamation Water Settlements Fund permanent. House - 4/4/19 Committee on Natural Resources Hearings Held Watch NYC H.R. 2205 Rep. David McKinley (R-WV) Water Quality Certification Improvement Act of 2019. Amends the Federal Water Pollution Control Act to make changes with respect to water quality certification, and for other purposes. House - 4/11/19 Referred to Subcommittee on Water Resources and Environment Watch NYC Updated June 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 2189 Rep. Dutch Ruppersberger (D- MD) Digital Coast Act. Requires the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to establish a constituent-driven program to provide a digital information platform capable of efficiently integrating coastal data with decision-support tools, training, and best practices and to support collection of priority coastal geospatial data to inform and improve local, State, regional, and Federal capacities to manage the coastal region, and for other purposes. House - 4/9/19 Referred to Committee on Natural Resources Watch NYC S. 1069 Sen. Tammy Baldwin (D-WI) A bill to require the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to establish a constituent-driven program to provide a digital information platform capable of efficiently integrating coastal data with decision-support tools, training, and best practices and to support collection of priority coastal geospatial data to inform and improve local, State, regional, and Federal capacities to manage the coastal region, and for other purposes. Senate - 4/9/19 Referred to Committee on Commerce, Science, and Transportation Watch NYC S. 1087 Sen. John Barrasso (R-WY) A bill to amend the Federal Water Pollution Control Act to make changes with respect to water quality certification, and for other purposes. Senate - 4/9/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 2473 Rep. Josh Harder (D-CA) S.A.V.E. Water Resourcs Act. Promotes water supply reliability and improved water management for rural communities, the State of California, and the Nation, and for other purposes. House - 5/14/19 Referred to Subcommittee on Water, Oceans and Wildlife Watch NYC S. 1251 Sen. Jeanne Shaheen (D-NH) Safe Drinking Water Assistance Act of 2019. Improves and coordinate interagency Federal actions and provide assistance to States for responding to public health challenges posed by emerging contaminants, and for other purposes. Senate - 4/30/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 2458 Rep. Debbie Mucarsel-Powell (D- FL) WISE Act. Amends the Federal Water Pollution Control Act to require a certain percentage of funds appropriated for revolving fund capitalization grants be used for green projects, and for other purposes. House - 5/1/19 Referred to Subcomittee of Water Resrources and Environment Watch NYC Updated June 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 2377 Rep. Brendan Boyle (D-PA) Protect Drinking Water from PFAS Act of 2019. Requires the Environmental Protection Agency (EPA) to address the level of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in drinking water. Specifically, the EPA must publish a maximum contaminant level goal and promulgate a national primary drinking water regulation for total PFAS. PFAS are man-made chemicals that may lead to adverse human health effects. House - 4/29/19 Referred to Committee on Energy and Commerce Watch NYC H.R. 2533 Rep. Frank Pallone (D-NJ) To assist community water systems affected by PFAS contamination, and for other purposes. House - 5/7/19 Referred to Committee on Energy and Commerce Watch NYC H.R. 2566 Rep. Darren Soto (D-FL) To require the Administrator of the Environmental Protection Agency to revise the Safer Choice Standard to provide for a Safer Choice label for pots, pans, and cooking utensils that do not contain PFAS, and for other purposes. House - 5/7/19 Referred to Committee on Energy and Commerce Watch NYC H.R. 2577 Rep. Antonio Delgado (D-NY) PFAS Right-To-Know Act. Amends the Emergency Planning and Community Right-To-Know Act of 1986 to include per- and polyfluoroalkyl substances on the Toxics Release Inventory, and for other purposes. House - 5/8/19 Referred to Committee on Energy and Commerce Watch NYC S. 1372 Sen. Debbie Stabenow (D-MI) A bill to encourage Federal agencies to expeditiously enter into or amend cooperative agreements with States for removal and remedial actions to address PFAS contamination in drinking, surface, and ground water and land surface and subsurface strata, and for other purposes. Senate - 5/8/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 2740 Rep. Kaptur, Marcy (D-OH) Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2020, and for other purposes. House - 6/17/19 Debating amendments on the floor Watch NYC H.R. 3055 Rep. McCollum, Betty (D-MN) Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2020, and for other purposes House - 6/17/19 Amendments filed with Committee on Rules Watch NYC Updated June 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 2705 Rep. Earl Blumenauer (D-OR) To establish a Water Infrastructure Trust Fund, and for other purposes. House - 5/15/19 Referred to Subcommittee on Water Resources and Environment Watch NYC H.R. 2755 Rep. Brendan Boyle (D-PA) To standardize and extend certain Buy America Provisions.House - 5/15/19 Referred to Committees on Transportation and Infrastructure, Energy and Commerce Watch NYC S. 1473 Sen. Kristen Gillibrand (D-NY) A bill to amend the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency to set maximum contaminant levels for certain chemicals, and for other purposes. House - 5/15/19 Referred to Committee on Environment and Public Works Watch NYC S. 1535 Sen. Mark Warner (D-VA) A bill to facilitate efficient investments and financing of infrastructure projects and new, long-term job creation through the establishment of an Infrastructure Financing Authority, and for other purposes. Senate - 5/16/19 Referred to Committee on Finance Watch NYC H.R. 2776 Rep. Lori Trahan (D-MA) To make certain municipalities eligible for grants under the Federal Water Pollution Control Act, and for other purposes. House - 5/16/19 Referred to Subcommittee on Water Resources and Environment Watch NYC H.R. 2800 Rep. Elissa Slotkin (D-MI) To amend the Safe Drinking Water Act to require continued and expanded monitoring of perfluoroalkyl and polyfluoroalkyl substances in drinking water, and for other purposes. House - 5/16/19 Referred to Committee on Energy and Commerce Watch NYC S. 1507 Sen. Shelley Moore Capito (D- WV) A bill to include certain perfluoroalkyl and polyfluoroalkyl substances in the toxics release inventory, and for other purposes. Senate - 5/16/19 Referred to Committee on Environment and Public Works Watch NYC Updated June 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS S. 1613 Sen. Ed Markey (D-MA) Contaminant and Lead Electronic Accounting and Reporting Requirements for (CLEARR) Drinking Water Act of 2019. Amends the Safe Drinking Water Act to update and modernize the reporting requirements for contaminants, including lead, in drinking water, and for other purposes. Senate - 5/22/19 Referred to Committee on Environment and Public Works Watch NYC S. 1570 Sen. James Risch (R-ID) Aquifer Recharge Flexibility Act. Provides flexibility to allow greater aquifer recharge, and for other purposes. Senate - 5/21/19 Referred to the Committee on Energy and Natural Resources Watch NYC H.R. 2871 Rep. Russ Fulcher (R-ID) Aquifer Recharge Flexibility Act. Provides flexibility to allow greater aquifer recharge, and for other purposes. House - 5/21/19 Referred to Committee on Natural Resources Watch NYC S. 1604 Sen. Amy Klobuchar (D-MN) Local Water Protection Act. Amends the Federal Water Pollution Control Act to reauthorize certain programs relating to nonpoint source management, and for other purposes. Senate - 5/22/19 Referred to Committee on Environment and Public Works Watch NYC Updated June 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS S. 1730 Sen. Kamala Harris (D-CA) Living Shorelines Act of 2019. Directs the Administrator of the National Oceanic and Atmospheric Administration to make grants to State and local governments and nongovernmental organizations for purposes of carrying out climate-resilient living shoreline projects that protect coastal communities by supporting ecosystem functions and habitats with the use of natural materials and systems, and for other purposes. Senate - 6/5/19 Referred to Committee on Commerce, Science and Transportation Watch NYC H.R. 3115 Rep. Frank Pallone (D-NJ) To direct the Administrator of the National Oceanic and Atmospheric Administration to make grants to State and local governments and nongovernmental organizations for purposes of carrying out climate-resilient living shoreline projects that protect coastal communities by supporting ecosystem functions and habitats with the use of natural materials and systems, and for other purposes. House - 6/5/19 Referred to Committee on Natural Resources Watch NYC H.R. 3226 Rep. Andy Kim (D-NJ) Safe Water for Military Families Act. Directs the Secretary of Defense to prohibit the use of firefighting foam containing perfuoroalkyl or polyfluoroalkyl substances, and for other purposes. House - 6/12/19 Referred to Committee on Armed Services Watch NYC S. 1837 Sen. Kristen Gillibrand (D-NY) A bill to require the Administrator of the Environmental Protection Agency to establish a discretionary grant program for drinking water and wastewater infrastructure projects, and for other purposes. Senate - 6/13/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 3254 Rep. Antonio Delgado (D-NY) To require the Administrator of the Environmental Protection Agency to establish a discretionary grant program for drinking water and wastewater infrastructure projects, and for other purposes. House - 6/14/19 Referred to Subcommittee on Water Resources and Environment Watch NYC Legend: ACC-OC- Association of California Cities, Orange County LOCC- League of California Cities NYC- Not Yet Considered CASA- California Association of Sanitation Agencies NACWA - National Association of Clean Water Agencies ACWA- Association of California Water Agencies CSDA- California Special Districts Association Updated June 2019 To: Orange County Sanitation District From: Townsend Public Affairs, Inc. Date: June 18, 2019 Subject: Legislative and Public Affairs Agenda Report State Political Update After the Appropriations Committee deadline on May 17, the focus of the Legislature was shifted primarily toward the Budget deadline of June 15. The Assembly and the Senate convened a series of budget subcommittee hearings to negotiate and adopt specific funding priorities and positions. Once these various budget subcommittees finalized their work, the Senate, and Assembly introduced their own Budget proposals to fund their priority policy areas and projects. Differences between the Senate and Assembly versions of the Budget were consolidated by a Budget Conference Committee before the final Budget was approved by both houses on June 13. In addition to focusing on the budget process, the Legislature also worked to pass all bills out of their first house by June 1. Any bills that did not pass before June 1 are now two-year bills and can be heard again in January 2020. The Legislature’s focus will now shift toward passing bills out of their second-house policy committees before their Summer Recess. Below is a list of key upcoming deadlines in the Legislature: July 10 – Last day for policy committees to hear and report fiscal bills in their second house to fiscal committees. July 12 – Summer Recess begins upon adjournment Fiscal Year 2019-2020 State Budget On June 13, the Assembly voted 60-15 to pass a $214.8 billion FY 19-20 State Budget. Shortly after, the Senate voted 29-11 to pass the same Budget bill. The Budget is currently on Governor Newsom’s desk for his consideration and signature. When the Budget deal was announced earlier in June, Governor Newsom called it balanced and praised its fiscal responsibility and resiliency. As a reminder, the Governor of California has line-item veto authority of the State Budget. This record-setting Budget includes $150.7 billion in General Fund expenditures, as well as contains the largest reserves in California history of over $19 billion. The Budget includes a sweeping compromise on a sustainable funding source for safe and affordable drinking water projects for disadvantaged communities, as well as the highest per pupil education funding in State history and over $2 billion in one-time funding for programs to combat homelessness, promote housing-related infrastructure, and expand the State’s Low Income Housing Tax Credit Program. June 2019 Report 2 Safe Drinking Water Proposals The Budget that the Assembly and the Senate passed on June 13 included a safe and affordable drinking water compromise. Included in the Budget for Fiscal Year 19-20 is $100 million from the Greenhouse Gas Reduction Fund (GGRF) as well as $30 million from the General Fund for safe drinking water projects in communities that do not have access to safe drinking water. Additionally, a trailer bill will be introduced and considered in the next couple of weeks, which will have a 5 percent GGRF continuous appropriation beginning 2020-21 with a total cap of $130 million toward safe and affordable drinking water programs. It will also provide a General Fund backstop to fill the Safe Drinking Water Fund should the 5 percent of the GGRF be lower than $130 million beginning 2023-24, with a sunset in 2030. As a reminder, the GGRF generates money as a key component of the State’s Cap and Trade program, which sells emissions credits through quarterly auctions to large polluters in the State. The California constitution limits the use of GGRF to only projects that reduce greenhouse gas emissions or sequester carbon in the atmosphere. The nexus the Legislature is using to authorize GGRF appropriations is the reduction of vehicle emissions from trucking in water to several communities that do not have clean drinking water. The deal struck by legislators to provide a sustainable source of funding for clean drinking water projects means that the concept of a water tax is likely dead for the year. AB 217 (Garcia), which previously included a $0.50 per month charge to urban water system customers has been gut and amended to now deal with income tax credits. TPA will continue to monitor the Budget situation, policy bills, and trailer bills for language that institutes a water tax. Cap and Trade Auction In May, the California Air Resources Board (CARB) conducted their second Cap and Trade auction of the calendar year. The Cap and Trade program is a greenhouse gas emission reduction strategy that places a statewide cap on emissions and auctions off emission allowances on a quarterly basis. Major carbon emitters must bid on allowances in order to report their total emissions to the state each year. Once again, all available emission credits were sold, and the state expects to receive over $740 million from the May 2019 auction. Revenues generated from the Cap and Trade program currently fund various transportation projects, affordable housing, and sustainable community programs. 40 percent of the revenue is available through the discretion of the Legislature for future appropriations for projects that will reduce greenhouse gas emissions. The adopted Budget highlights the State’s continued commitment to achieving a carbon-neutral economy and transitioning away from fossil fuels by investing $1.4 billion in new and continuing programs. The next Cap and Trade auction will take place in August 2019. Additional Priority Legislation AB 1184 (Gloria) – Public records: writing transmitted by electronic mail: retention. Would, unless a longer retention period is required by statute or regulation, require a public agency for purposes of the California Public Records Act to retain and preserve for at least 2 June 2019 Report 3 years every writing containing information relating to the conduct of the public’s business prepared, owned, or used by any public agency that is transmitted by electronic mail. AB 1184 passed the Assembly Floor and is now in the Senate Judiciary Committee. SB 210 (Leyva) – Heavy-Duty Vehicle Inspection and Maintenance Program SB 210 directs the Air Resources Board (ARB) to work in coordination with multiple state agencies in order to develop and implement a Heavy-Duty Inspection and Maintenance Program for non- gasoline, heavy-duty, on-road trucks. Specifically, SB 210 would develop a pilot program to measure and enforce new regulations on heavy duty on-road trucks and then require ARB to adopt a full program within two years after the pilot program ends. SB 210 is currently in the Assembly Transportation Committee and will be heard on July 1, 2019. SB 667 (Hueso) – Greenhouse gases: recycling infrastructure and facilities. SB 667 would require CalRecycle in coordination with the Treasurer to develop financial incentive mechanisms, including, but not limited to, loans and incentive payments, to fund organic waste diversion and recycling infrastructure. This bill also requires CalRecycle to develop and amend a 5-year investment strategy to drive innovation and support technological development and infrastructure. SB 667 passed the Senate Floor and is currently in the Assembly Natural Resources Committee. OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 11 Chiu [D]Community Redevelopment Law of 2019 Current law dissolved redevelopment agencies as of February 1, 2012, and designates successor agencies to act as successor entities to the dissolved redevelopment agencies. This bill, the Community Redevelopment Law of 2019, would authorize a city or county, or two or more cities acting jointly, to propose the formation of an affordable housing and infrastructure agency by adoption of a resolution of intention that meets specified requirements, including that the resolution of intention include a passthrough provision and an override passthrough provision, as defined. Failed to pass the Assembly Appropriations Committee and is now a two-year bill Watch State Priorities: Continue to monitor the state budget process and actively protect the allocation of local property taxes to special districts. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Oppose unless amended AB 68 Ting [D]Land use: accessory dwelling units. The Planning and Zoning Law authorizes a local agency to provide, by ordinance, for the creation of accessory dwelling units in single-family and multifamily residential zones and sets forth required ordinance standards, including, among others, lot coverage. This bill would delete the provision authorizing the imposition of standards on lot coverage and would prohibit an ordinance from imposing requirements on minimum lot size. Currently in the Senate Housing Committee Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch Proposed Legislation 2019-2020 High Priority OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 69 Ting [D]Land use: accessory dwelling units. Current law requires the Department of Housing and Community Development to propose building standards to the California Building Standards Commission, and to adopt, amend, or repeal rules and regulations governing, among other things, apartment houses and dwellings, as specified. This bill would require the department to propose small home building standards governing accessory dwelling units smaller than 800 square feet, junior accessory dwelling units, and detached dwelling units smaller than 800 square feet, as specified, and to submit the small home building standards to the California Building Standards Commission for adoption on or before January 1, 2021. Currenlty in the Senate Housing Committee Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch AB 134 Bloom [D]Safe Drinking Water Restoration Would require the State Water Resources Control Board to report to the Legislature by July 1, 2025, on its progress in restoring safe drinking water to all California communities and to create an internet website that provides data transparency for all of the board’s activities described in this measure. The bill would require the board to develop metrics to measure the efficacy of the fund in ensuring safe and affordable drinking water for all Californians. Passed the Assembly Appropriations Committee. Will be heard next on the Assembly Floor Watch State Priorities: Support legislation or regulations that restrict the use of microplastics in any product that is disposed of through the sewer system. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 217 Garcia [D] Burke [D] Income taxation: credits: exclusions: federal conformity The Personal Income Tax Law, beginning on or after January 1, 2015, in modified conformity with federal income tax laws, allows an earned income tax credit against personal income tax, and a payment from the Tax Relief and Refund Account for an allowable credit in excess of tax liability, to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor, as specified. The law provides that the amount of the credit is calculated as a percentage of the eligible individual’s earned income and is phased out above a specified amount as income increases. The law deems, for each taxable year beginning on or after January 1, 2018, and before January 1, 2019, the California Consumer Price Index as the greater of 3.1% or the percentage change in the California Consumer Price Index for the recomputation of specified earned income amounts, phaseout amounts, and the amount of disqualified income that would disallow this credit. This bill, for taxable years beginning on or after January 1, 2019, and before January 1, 2020, would deem the California Consumer Price Index as the greater of 3.5% or the percentage change in the California Consumer Price Index for the recomputation of those specified amounts. Bill was gut and amended. Previously addressed safe and affordable drinking water. No longer of utmost importance to OCSD Watch State Tactics: N/A ACCOC - NYC LOCC - NYC CASA - NYC ACWA - NYC CSDA - NYC AB 223 Stone [D]California Safe Drinking Water Act: microplastics The California Safe Drinking Water Act requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Current law requires the state board, on or before July 1, 2020, to adopt a definition of microplastics in drinking water and, on or before July 1, 2021, to adopt a standard methodology to be used in the testing of drinking water for microplastics and requirements for 4 years of testing and reporting of microplastics in drinking water, including public disclosure of those results. This bill would require the state board, to the extent possible, and where feasible and cost effective, to work with the State Department of Public Health in complying with those requirements. Two Year Bill Watch State Priorities: Support legislation or regulations that restrict the use of microplastics in any product that is disposed of through the sewer system. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 231 Mathis [R]California Environmental Quality Act: exemption: recycled water. Would exempt from CEQA a project to construct or expand a recycled water pipeline for the purpose of mitigating drought conditions for which a state of emergency was proclaimed by the Governor if the project meets specified criteria. Because a lead agency would be required to determine if a project qualifies for this exemption, this bill would impose a state- mandated local program. The bill would also exempt from CEQA the development and approval of building standards by state agencies for recycled water systems. Two Year Bill Watch State Priorities: Support efforts to reform the California Environmental Quality Act (CEQA)to streamline current procedures and regulations for projects to refurbish or replace existing infrastructure facilities. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Support AB 291 Chu Emergency preparedness Would establish a Local Emergency Preparedness and Hazard Mitigation Fund to support staffing, planning, and other emergency mitigation priorities to help local governments meet emergency management, preparedness, readiness, and resilience goals. The bill would, upon appropriation by the Legislature, require the Controller to transfer $500,000,000 to the fund. The bill would require the Office of Emergency Services to establish the Local Emergency Preparedness and Hazard Mitigation Fund Committee under the Standardized Emergency Management System Advisory Board. Two Year Bill Watch State Priorities: Secure funding through grants and legislation for infrastructure, collection improvements and alternative renewable energy at the Fountain Valley, Plant No. 1 and Huntington Beach, Plant No. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 292 Quirk [D]Recycled water: raw water and groundwater augmentation Current law requires the State Water Resources Control Board, on or before December 31, 2023, to adopt uniform water recycling criteria for direct potable reuse through raw water augmentation, as specified. This bill would eliminate the definition of “direct potable reuse” and instead would substitute the term “groundwater augmentation” for “indirect potable reuse for groundwater recharge” in these definitions. The bill would require, on or before December 31, 2023, the state board to adopt uniform water recycling criteria for raw water augmentation. Currently in the Senate Environmental Quality Committee and will be heard on June 19 Watch Legislative and Regulatory Policies: Water Quality and Supply - Support measures that promote and provide for the use of reclaimed water ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Support AB 405 Rubio [D]Sales and use taxes: exemption: water treatment. Would exempt from Sales and Use Tax the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, chemicals used to treat water, recycled water, or wastewater regardless of whether those chemicals or other agents become a component part thereof and regardless of whether the treatment takes place before or after the delivery to consumers. Two Year Bill Watch Guiding Principles: Seek funds for OCSD projects through grants, appropriations, or ACCOC - NYC LOCC - Watch CASA - Support ACWA - NYC CSDA - Support AB 510 Cooley [D]Local government records: destruction of records. Current law authorizes the head of a department of a county or city, or the head of a special district to destroy recordings of telephone and radio communications maintained by that county, city, or special district after 100 days if that person receives approval from the legislative body and the written consent of the agency attorney. This bill would exempt the head of a department of a county or city, or the head of a special district from these recording retention requirements if the county, city, or special district adopts a records retention policy governing recordings of routine video monitoring and recordings of telephone and radio communications. Two Year Bill Watch Legislative and Regulatory Policies: Security - Support legislation that would create efficiencies around the retention policy of surveillance video for innocuous recordings. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Sponsor OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 587 Friedman [D]Accessory dwelling units: sale or separate conveyance Current property tax law establishes a welfare exemption under which property is exempt from taxation if the property is owned and operated by a nonprofit corporation that is organized and operated for the purpose of building and rehabilitating single-family or multifamily residences for sale, as provided, at cost to low-income families. This bill would authorize a local agency to allow, by ordinance, an accessory dwelling unit that was created pursuant to the process described above to be sold or conveyed separately from the primary residence to a qualified buyer if certain conditions are met. Currently in the Senate Governance and Finance Committee and will be heard June 19. Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Watch CASA - Work w/ author ACWA - NYC CSDA - Watch AB 756 Garcia [D]Public water systems: perfluoroalkyl substances and polyfluoroalkyl substances Would authorize the State Water Resources Control Board to order a public water system to monitor for perfluoroalkyl substances and polyfluoroalkyl substances. The bill would require a community water system or a nontransient noncommunity water system, upon a detection of these substances, to report that detection, as specified. The bill would require a community water system or a nontransient noncommunity water system where a detected level of these substances exceeds the response level to take a water source where the detected levels exceed the response level out of use or provide a prescribed public notification. Currently in the Senate Environmental Quality Committee and will be heard on June 19 Watch Legislative and Regulatory Policies: Source Control - Support legislation and funding mechanisms that reduce the amount of trash, waste, chemicals, and harmful organic material that enter the sewer system. ACCOC - NYC LOCC - Watch CASA - Watch ACWA - Watch CSDA - Watch OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 841 Ting [D]Drinking water: contaminants: perfluoroalkyl and polyfluoroalkyl substances. Would require the Office of Environmental Health Hazard Assessment to adopt and complete a work plan within prescribed timeframes to assess which substances in the class of perfluoroalkyl and polyfluoroalkyl substances should be identified as a potential risk to human health, as provided. The bill would require the office, as part of those assessments, to determine which of the substances are appropriate candidates for notification levels to be adopted by the state board. The bill would require the Office of Environmental Health Hazard Assessment, by January 1, 2022, to provide to the Legislature an update on the assessment. Currently in the Senate Environmental Quality Committee and will be heard on June 19 Watch Legislative and Regulatory Policies: Source Control - Support legislation and funding mechanisms that reduce the amount of trash, waste, chemicals, and harmful organic material that enter the sewer system. ACCOC - NYC LOCC - Watch CASA - Watch ACWA - Watch CSDA - Watch AB 992 Mullin [D]Open meetings: local agencies: social media Would provide that the Ralph M. Brown Act does not apply to the posting, commenting, liking, interaction with, or participation in, internet-based social media platforms that are ephemeral, live, or static, by a majority of the members of a legislative body, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. Two Year Bill Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Watch CASA - Approve ACWA - NYC CSDA - Support OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 1080 Gonzalez [D]California Circular Economy and Plastic Pollution Reduction Act Would establish the California Circular Economy and Plastic Pollution Reduction Act, which would require the Department of Resources Recycling and Recovery, in consultation with the State Water Resources Control Board and the Ocean Protection Council, to adopt, on or before January 1, 2023, regulations to achieve, by 2030, a 75% reduction by manufacturers and retailers of the waste generated from single-use packaging and products offered for sale or sold in the state through source reduction, recycling, or composting. Currently in the Senate Environmental Quality Committee and will be heard on July 3. Watch State Priorities: Support legislation or regulations that restrict the use of microplastics in any product that is disposed of through the sewer ACCOC - NYC LOCC - Support CASA - NYC ACWA - NYC CSDA - NYC AB 1180 Friedman [D]Water: recycled water The California Safe Drinking Water Act requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Current law requires, on or before January 1, 2020, the state board to adopt standards for backflow protection and cross-connection control through the adoption of a policy handbook, as specified. This bill would require that handbook to include provisions for the use of a swivel or changeover device to supply potable water to a dual-plumbed system during an interruption in recycled water service. Currently in the Senate Appropriations Committee and will be heard on June 24. Watch Legislative and Regulatory Policies: Recycled Water - support measures that promote and provide for the use of reclaimed water. ACCOC - NYC LOCC - Watch CASA - Support ACWA - NYC CSDA - Support OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 1184 Gloria [D]Public records: writing transmitted by electronic mail: retention Would, unless a longer retention period is required by statute or regulation, require a public agency for purposes of the California Public Records Act to retain and preserve for at least 2 years every writing containing information relating to the conduct of the public’s business prepared, owned, or used by any public agency that is transmitted by electronic mail. Currently in the Senate Judiciary Committee and will be heard on July 9. Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Oppose CASA - Watch ACWA - NYC CSDA - Oppose AB 1588 Gloria [D]Drinking water and wastewater operator certification programs Current law requires a person who operates a nonexempt wastewater treatment plant to possess a valid, unexpired wastewater certificate or water treatment operator certificate of the appropriate grade. This bill, when applying for certification by the board as a water treatment operator, distribution system operator, or wastewater operator, would require operators of complex industrial facilities, including members of the military and military service veterans, to receive appropriate equivalent experience credit and education credit for work and tasks performed that are directly related to the operation of water or wastewater facilities, as specified. Currently in the Senate Environmental Quality Committee and will be heard on June 19 Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Watch CASA - Support ACWA - NYC CSDA - Support OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 1672 Bloom [D]Solid waste: flushable products The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. This bill would, among other things, on or after January 1, 2021, prohibit a covered entity, as defined, from labeling a covered product as safe to flush, safe for sewer systems, or safe for septic systems, unless the product is a flushable wipe that meets certain performance standards. The bill would require nonflushable products to be labeled clearly and conspicuously to communicate that they should not be flushed, as specified. Two Year Bill Support Legislative and Regulatory Policies: Source Control - Support legislation that regulates the disposal of flushable wipes. ACCOC - NYC LOCC - Watch CASA - Sponsor ACWA - Support CSDA - Support ACA 1 Aguiar-Curry [D]Local government financing: affordable housing and public infrastructure: voter approval. The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, or city and county, as applicable, and the proposition includes specified accountability requirements. Currently on the Assembly Floor Watch Guiding Principles: Seek funds for OCSD projects through grants, appropriations, or ACCOC - NYC LOCC - Support CASA - Support ACWA - NYC CSDA - Support SB 5 Beall [D]Local-State Sustainable Investment Incentive Program Would establish in state government the Affordable Housing and Community Development Investment Program, which would be administered by the Affordable Housing and Community Development Investment Committee. The bill would authorize a city, county, city and county, joint powers agency, enhanced infrastructure financing district, affordable housing authority, community revitalization and investment authority, transit village development district, or a combination of those entities, to apply to the Affordable Housing and Community Development Investment Committee to participate in the program and would authorize the committee to approve or deny plans for projects meeting specific criteria. Currently in the Assembly Housing and Community Development Committee and the Assembly Local Government Committee. Watch State Priorities: Continue to monitor the state budget process and actively protect the allocation of local property taxes to special districts. ACCOC - NYC LOCC - Support CASA - Watch ACWA - NYC CSDA - Watch OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 13 Weickowski [D]Accessory dwelling units Would authorize the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling use. The bill would also revise the requirements for an accessory dwelling unit by providing that the accessory dwelling unit may be attached to, or located within, an attached garage, storage area, or other structure, and that it does not exceed a specified amount of total floor area. Currently in the Assembly Housing and Community Development Committee and the Assembly Local Government Committee. Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Oppose unless amended CASA - Work w/ author ACWA - NYC CSDA - Oppose SB 33 Skinner Solid waste: reduction and recycling. The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste.This bill would state the intent of the Legislature to enact legislation that would address the collapse of foreign recycling markets by reducing solid waste generation, encouraging transition to compostable or recyclable materials, and fostering domestic recycling markets. Currently in the Senate Rules Committee Watch Legislative and Regulatory Policies: Biosolids and Biogas - Limit redundant reporting requirements on organics, recyclable material, and solid waste as mandated by AB 901. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch SB 134 Hertzberg [D]Water conservation: water loss performance standards: enforcement. Current law requires the State Water Resources Control Board, no earlier than January 1, 2019, and no later than July 1, 2020, to adopt rules requiring urban retail water suppliers to meet performance standards for the volume of water losses. This bill would prohibit the board from issuing an information order, written notice, or conservation order to an urban retail water supplier that does not meet its urban water use objective if the board determines the urban retail water supplier is not meeting its urban water use objective solely because the volume of water loss exceeds the urban retail water supplier’s standard for water loss and the board is taking enforcement action against the urban retail water supplier for not meeting the performance standards for the volume of water losses. Currently in the Assembly Water, Parks, and Wildlife Committee and will be heard on June 18. Watch Legislative and Regulatory Policies: Water Supply - Support legislation and regulation that necessitate the responsible use of water in residential, commercial, and industrial areas ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Support OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 200 Safe and Affordable Drinking Water Fund. Would establish the Safe and Affordable Drinking Water Fund in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and the long term. The bill would authorize the board to provide for the deposit into the fund of federal contributions, voluntary contributions, gifts, grants, and bequests and would provide that moneys in the fund are available, upon appropriation by the Legislature, to the board to fund grants, loans, contracts, or services to assist eligible recipients. Currently in the Assembly Environmental Quality and Toxic Materials Committee. Watch State Tactics: Support tax reform that protects public agencies ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch SB 210 Leyva [D]Heavy-Duty Vehicle Inspection and Maintenance Program. Current law requires the State Air Resources Board, in consultation with the Bureau of Automotive Repair and a specified review committee, to adopt regulations requiring owners or operators of heavy-duty diesel motor vehicles to perform regular inspections of their vehicles for excessive emissions of smoke. Current law requires the state board, in consultation with the State Energy Resources Conservation and Development Commission, to adopt regulations requiring heavy- duty diesel motor vehicles to use emission control equipment and alternative fuels. This bill would require the state board, in consultation with the bureau and other specified entities, to implement a pilot program that develops and demonstrates technologies that show potential for readily bringing heavy-duty vehicles into an inspection and maintenance program. Currently in the Assembly Transportation Committee and the Assembly Natural Resources Committee Recommend Oppose 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 ACCOC - NYC LOCC - Watch CASA - Watch ACWA - Watch CSDA - Watch SB 332 Hertzberg [D]Wastewater treatment: recycled water. Would declare, except in compliance with the bill’s provisions, that the discharge of treated wastewater from ocean outfalls is a waste and unreasonable use of water. The bill would require each wastewater treatment facility that discharges through an ocean outfall and affiliated water suppliers to reduce the facility’s annual flow as compared to the average annual wastewater discharge baseline volume, as prescribed, by at least 50% on or before January 1, 2030, and by at least 95% on or before January 1, 2040. The bill would subject the owner or operator of a wastewater treatment facility, as well as the affiliated water suppliers, to a civil penalty of $2,000 per acre-foot of water above the required reduction in overall volume discharge for the failure to meet these deadlines. Two Year Bill Watch State Legislation: Work with legislators who introduced legislation such as SB 163 (Hertzberg, 2015) in order to ensure that no unrealistic regulations are placed on wastewater treatment facilities, including OCSD ACCOC - NYC LOCC - Oppose CASA - Oppose ACWA - NYC CSDA - Oppose OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 457 Hueso [D]Biomethane: gas corporations Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law requires the commission to adopt policies and programs that promote the in-state production and distribution of biomethane, as defined, and that facilitate the development of a variety of sources of in-state biomethane. This bill would require the Public Utilites Commission to extend the program until December 31, 2026. This bill contains other related provisions and other existing laws. Currently in the Assembly Appropriations Committee Watch Legislative and Regulatory Polciies: Biosolids and Biogas - Support streamlined legislation, regulations and policies that encourage the procurement of biogas, biosolids, and compost. ACCOC - NYC LOCC - Watch CASA - Refer to Committee ACWA - NYC CSDA - NYC SB 667 Hueso [D]Greenhouse gases: recycling infrastructure and facilities. Would require the Department of Resources Recycling and Recovery to develop, on or before January 1, 2021, and would authorize the department to amend, a 5-year investment strategy to drive innovation and support technological development and infrastructure, in order to meet specified organic waste reduction and recycling targets, as provided. The bill would require, on or before June 1, 2021, the department, in coordination with the Treasurer, to develop financial incentive mechanisms, including, but not limited to, loans and incentive payments, to fund organic waste diversion and recycling infrastructure. Currently in the Assembly Natural Resources Committee and will be heard on June 24. Watch Legislative and Regulatory Polciies: Biosolids and Biogas - Support the promotion and funding of local pilot programs, studies, and research for the beneficial use of biosolids. ACCOC - NYC LOCC - Support CASA - Support ACWA - NYC CSDA - NYC OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 732 Allen [D]Transactions and use tax. Current law establishes the South Coast Air Quality Management District vested with the authority to regulate air emissions from stationary sources located in the South Coast Air Basin and establishes a district board to govern the district. This bill would authorize the south coast district board to impose a transactions and use tax within the boundaries of the south coast district, as specified, with the moneys generated from the transactions and use tax to be used to supplement existing revenues being used for south coast district purposes, as specified. Two Year Bill Watch Legislative and Regulatory Polciies: Air Quality - Support air quality legislations, regulations, rules, and policies that emphasize the use of advanced technologies and promote greater flexibility and financial incentives to reduce air emission. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - No position Legend: ACC-OC - Association of California Cities, Orange County LOCC - League of California Cities NYC - Not Yet Considered CASA - California Association of Sanitation Agencies ACWA - Association of California Water Agencies CSDA - California Special Districts Association Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount Applying for Applying Y/N Project/Program Reason Match Deadline Category Rcvd Grant/ Financing Y/N Cap and Trade Funding $1 billion from the Cap and Trade program (Greenhouse Gas Reduction Fund) was proposed to be appropriated in the Governor's January Budget. A Cap and Trade Expenditure plan will be considered later this legislative session. $25 million - Waste Diversion Projects. Specifics TBD TBD TBD TBD The Cap and Trade Expenditure Plan will need to go through the legislative process. It is uncertain how much funding will be available for the District's projects, or what the funding will be used for. TBD Unknown at this time Energy/Recycling TBD Integrated Regional Water Management (IRWM) Grant Program The Proposition 1 IRWM Grant Program, administered by DWR, provides funding for projects that help meet the long term water needs of the state, including: Assisting water infrastructure systems adapt to climate change; Providing incentives throughout each watershed to collaborate in managing the region's water resources and setting regional priorities for water infrastructure NA NA No NA TPA and OCSD are monitoring the grant program development from the Santa Ana Watershed Project Authority (SAWPA). The solicitation for bids was announced by SAWPA and staff determined that an application for funding was not warranted due to a lack of eligible and competitive projects. 50% NA. Will return in 2021 for Round 2 Water TBD The Water Infrastructure Improvements Act (WIIN) The Title XVI Water Reclamation and Reuse Projects funding opportunity allows for sponsors of water reclamation and reuse projects that are congressionally authorized or are eligible under section 4009(c) of the WIIN Act to request cost-shared funding for planning, design and/or construction of those Projects. Water reclamation and reuse projects provide improved efficiency, flexibility during water shortages and diversifies the water supply. Reclamation is making up to $20 million available for those projects authorized under the WIIN Act and $34 million for the congressionally authorized Title XVI projects. $550,000 Yes Final Expansion of GWRS Headworks (P2-122) The Sanitation District is applying for Headworks Segregation project that will help to bring more water to the GWRS. Title 16 will pay up to 25 percent of the available money 7/27/2018 Water/ Infrastructure No The Water Infrastructure Improvements Act (WIIN) The Title XVI Water Reclamation and Reuse Projects funding opportunity allows for sponsors of water reclamation and reuse projects that are congressionally authorized or are eligible under section 4009(c) of the WIIN Act to request cost-shared funding for planning, design and/or construction of those Projects. Water reclamation and reuse projects provide improved efficiency, flexibility during water shortages and diversifies the water supply. Reclamation is making up to $20 million available for those projects authorized under the WIIN Act. TBD TBD Final Expansion of GWRS Headworks (P2-122) We are evaluating if it is beneficial to apply for the third round of the WIIN grant for the Headworks Segregation Project. Title 16 will pay up to 25 percent of the available money 6/28/2019 Water/ Infrastructure No Stormwater and CSO Grant Program USEPA is authorized to provide grants assistance of public agencies to control stormwater flows and CSO's Funding cost-share is not identified in the law TBD TBD. We will monitor for possible funding opportunities/A TBD Funding must be appropriated as part of current FY 2019 budget impasse TBD TBD Water/ Infrastructure TBD OCSD's Grant and Loan Funding Tracker 2018-2019 STATE FEDERAL Updated 6/21/2019 Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount Applying for Applying Y/N Project/Program Reason Match Deadline Category Rcvd Grant/ Financing Y/N OCSD's Grant and Loan Funding Tracker 2018-2019 The Department of Energy (DOE), USBR and USEPA The DOE’s Office of Energy Efficiency is likely to continue to be funded by Congress to support such efforts as biogas, biosolids and green energy. A minimum of $20 million to as much as $100 million based upon prior years’ budgets. USBR could receive as much as $130 million in support of the WaterSmart (due to increased funding under WIIN) during the next several years. USBR will issue solicitations for innovative approaches to managing water and water treatment through technology and processes. TBD TBD. We will monitor for possible funding opportunities Project Funding Opportunity: Energy production to reduce costs of recycled water through innovative technologies like Aquacritox, Innovative water monitoring technology that can produce efficient real time monitoring and data analysis, Biogas Management and Use Improvements. We will review the possible funding opportunity to determine if it is a fit for the Sanitation District. TBD Energy TBD 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 We are applying 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. $250,000 Yes Headquarters Building We are applying No 18-Mar-19 Environment TBD Other Updated 6/21/2019 M E M O R A N D U M TO: Rebecca Long FROM: Eric Sapirstein DATE: June 21, 2019 SUBJECT: Washington Trip Summary On June 18-19, 2019, OCSD Vice Chair, John Withers and Board Members Peter Kim and Alan Bernstein, accompanied by General Manager Jim Herberg, met with OCSD’s congressional delegation Members and staff to discuss federal policy issues of interest. Additional meetings with senior officials in the USEPA Office of Water and National Association of Clean Water Agencies were held. Because of the legislative schedule a number of Members were unable to attend the meetings due to travel schedules and/or committee meetings. Summary and Outcome of Meetings The meeting discussions revealed a continuing support of OCSD federal priorities. In each discussion with congressional offices, there was a desire to ensure that OCSD’s needs are advanced. To this end, the delegation expressed a willingness to endorse OCSD initiatives related to water recycling, delivering effective alternative energy production, and providing flexibility in developing permit terms. I. Congressional Meetings Summary A. Sheresh Khan, Legislative Assistant, Office of Representative Lou Correa was provided an overview of OCSD’s current activities. In the discussion on PFAS/PFOA, appreciation for Rep. Correa’s leadership in seeking a national drinking water health standard was noted. The priority expressed by OCSD to ensure that the underlying research and science is developed to establish an appropriate health standard was understood and accepted. Khan was informed that current legislative approaches should not impose new regulations on biosolids management absent definitive science because it could lead to decisions that would preclude effective and safe management of biosolids. Khan understood this issue and requested that any recommendations on how to address the issue be provided. 2 | Page On water recycling issues, Khan indicated that Rep. Correa was strongly supportive of OCSD’s efforts to advance the science and technology to advance GWRS ability to allow for 100% recycling of available effluent. She offered to coordinate a joint delegation letter of support for the pending WaterSmart grant application that OCSD plans to submit to USBR. A review of the priority to advance the development of alternative energy production at OCSD by introducing food wastes into the treatment process to “supercharge” the digester process and create higher value methane was explained. Khan indicated a willingness to provide support as appropriate. She was informed that federal programs to support such efforts is important. Finally, Khan was provided an overview of the effort to allow for ten-year NPDES permit terms and was asked that Rep. Correa cosponsor the bill, H.R. 1764. Khan indicated that she would review the issue with Rep. Correa. B. Beth Hammon, Legislative Assistant, Office of Representative Harley Rouda was provided a similar update. However, as the Member whose congressional district includes OCSD facilities, the focus of the discussion was on PFAS /PFOA and its impact upon the treatment process, the priority for alternative energy production and NPDES permit terms. OCSD Board Members expressed support for Rep. Rouda’s efforts to provide resources to cleanup PFAS/PFOA contamination. At the same time, Hammon was informed that premature mandates on destruction and disposal options could impose costs and approaches that could create new challenges for OCSD. Instead, she was told that OCSD would like to work with Rep. Rouda and her to ensure that any legislative response is grounded in sound science. On the matter of permit terms, Rouda’s co-sponsorship of H.R. 1764 was noted and appreciation expressed. Finally, Hammon agreed that a letter of support on behalf of OCSD’s water recycling grant application was something the congressman would endorse. C. Brieana Marticorena, Legislative Director, Office of Representative Katie Porter was provided an overview of OCSD’s mission and priorities. Marticorena was enthusiastic about supporting OCSD’s needs, endorsing the notion of a joint delegation letter of support for the water recycling grant application. On PFAS/PFOA she indicated an interest in being kept up to date on any concerns as Congress considers legislative approaches to the health threats. In the discussion, she also noted that Rep. Porter expressly requested the opportunity to tour OCSD during the upcoming congressional recess. D. The Honorable Alan Lowenthal and Chris Gorud, Legislative Director were provided an update on OCSD’s legislative priorities which were positively received. In a review of the ongoing priority to allow for extended NPDES permit terms, Lowenthal staff noted that the commitment to allow for extended terms for good actors remained a priority. The request for a support letter on behalf of OCSD’s water recycling project grant application to USBR was positively received and the idea of the joint delegation letter was agreed as a good approach. Finally, support for alternative energy such as OCSD’s food waste project was expressed. 3 | Page E. John Watts, Environmental Counsel, Office of Senator Dianne Feinstein was provided an overview of the continued progress in advancing water recycling technologies at GWRS. An explanation of how OCSD is seeking to wring the last drop of recyclable water was provided and followed up with a request for a letter of support. Watts requested that a copy be provided to the Senator’s Deputy State Director. On a related matter, Watts informed OCSD that the Senator’s drought legislation would be introduced and would support new funding opportunities for water recycling projects like OCSD’s. F. Alexis Segal, Legislative Assistant, Office of Senator Dianne Feinstein was provided an overview of the PFAS/PFOA challenges created for organizations like OCSD. She was requested that any legislative recommendations that are considered impose public health mandates that are grounded in adequate research as well as documented science. It was pointed out that mandates should consider the implications for management of biosolids since the possibility of classifying PFAS/PFOA as subject to CERCLA (Superfund) could jeopardize the safe and effective management of biosolids irrespective of the level of any constituents in highly treated biosolids. She was also provided a summary of OCSD’s efforts to advance energy production from food wastes to allow OCSD to become 100% energy independent. G. Emma Norville, Legislative Director, Office of Representative Gil Cisneros was provided an overview of OCSD operations and priorities. In the course of reviewing GWRS and the ongoing effort to capture and treat the remaining water supply and the technical challenges, she indicated a willingness to have Rep. Cisneros sign a joint letter of support to USBR. A detailed discussion on the challenges created from PFAS/PFOA to the wastewater treatment process was provided with a focus on the fact that the introduction of the chemical compounds cannot be controlled by clean water agencies and this creates a need to ensure that the compounds are controlled at the source. In response to this and other comments, Norvell requested that OCSD provide her with any recommendations that should be considered as they consider legislative options to control and manage the destruction and disposal of PFAS/PFOA contaminated environments. H. The Honorable Linda Sanchez and Cody Willing, Legislative Assistant were provided an overview of OCSD. Rep. Sanchez noted that she is a strong supporter of water infrastructure. Given her role on the tax writing committee (Ways & Means), she was asked to work to ensure that renewable energy tax credits be available to public private partnerships that seek to advance food waste to energy projects at clean water agencies like OCSD. Last, Willing endorsed signing on to a joint letter in support of the OCSD grant application. This decision meant that the entire delegation will urge support for funding of the project application. 4 | Page II. U.S. Environmental Protection Agency A meeting with senior Office of Water, U.S. Environmental Protection Agency officials was convened. Attending the meeting were representatives from the Office of Science and Technology, Office of Drinking Water, Office of Wastewater Management, Office of Intergovernmental Affairs, and Region IX. The meeting was convened to review the status of the agency’s efforts to address PFAS/PFOA and potential impacts upon OCSD. The discussion also addressed food waste energy production and biosolids availability to generate energy. In the discussion on PFAS/PFOA, EPA staff agreed that it is vital to ensure that the underlying science supports any standard. To that end, they indicated that the ongoing strategy is to use the next year to collect data and evaluate what a national drinking water standard should be set at to ensure public health. At the same time, staff indicated that biosolids and the impact of PFAS/PFOA on the management of biosolids is significant policy matter. They stated that they would like OCSD input, given its role in developing innovative solutions to complex water quality challenges. They also noted that on November 18, 2019 a meeting of key clean water stakeholders (NACWA, CASA and WEF among others) will convene to discuss how best to address biosolids management within the PFAS/PFOA debate. EPA staff also noted that should Congress legislate PFAS/PFOA policies that require guidance to be issued on the destruction and disposal of biosolids, as well as membranes and other spent filters, then the challenges will increase dramatically with no real understanding on how such guidance might be developed. On the issue of food waste and creating alternative energy supplies, the staff suggested that such endeavors are supported by the agency. At the same time, staff were unable to clarify why the agency would have rescinded the renewable energy standard for biosolids. Last, a brief discussion on water recycling and EPA’s Water Recycling Action Plan occurred. EPA staff requested OCSD to provide input if appropriate on the Plan with a focus on how EPA might address technical challenges like those OCSD is currently researching to enhance opportunities to recycle all available effluents. National Association of Clean Water Agencies In a meeting with the leadership of NACWA, a discussion on how best to address PFAS/PFOA to protect the public without jeopardizing clean water programs occurred. NACWA officials indicated that the priority is to develop the science upon which a national standard can be based upon, ensure that clean water agencies are not tasked with the responsibility and costs to address a problem they did not create and, last, protect the continued beneficial use of biosolids from unjustified and unreasonable regulation. 5 | Page III. Action Items A number of action items from the meetings deserve review and, if deemed appropriate, follow-up. • Draft and transmit thanks letters (Eric and Rebecca) • Work with Rep. Rouda staff to ensure grant application letter of support is signed by delegation and transmitted to USBR Commissioner Brenda Burman (Eric and Rebecca) • Review House PFAS/PFOA Defense Authorization Amendment and provide comments on any concerns to Rep. Cisneros (Jim and OCSD staff/Support by Eric and Rebecca) • Extend invitation to Rep. Katie Porter to tour OCSD in August (Rebecca) • Provide follow-up information to USEPA on technical challenges presented by PFAS/PFOA as it relates to biosolids (Jim and OCSD technical staff) • Review USEPA Water Recycling Action Plan and provide any recommendations by July 1, 2019 (public comment period closes https://www.epa.gov/waterreuse/water-reuse-action-plan) (Jim and technical staff) • Contact CASA biosolids staff to discuss issues of concern in anticipation of November 18 biosolids meeting with USEPA (Eric—Done) • Transmit letter of request to Senator Feinstein Deputy State Director to support grant application (Eric-Done) Page 1 of 2 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 07/08/19 To Bd. of Dir. 07/24/19 AGENDA REPORT Item Number 3 Item Number Orange County Sanitation District FROM: James D. Herberg, General Manager SUBJECT: PUBLIC AFFAIRS UPDATE FOR THE MONTH OF JUNE 2019 GENERAL MANAGER'S RECOMMENDATION Receive and file the Public Affairs Update for the month of June 2019. BACKGROUND Staff will provide an update on recent public affairs activities. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities • Listen to and seriously consider community input on environmental concerns PROBLEM Many Californians are not aware of the Orange County Sanitation District (Sanitation District) and the important work we do to keep the environment clean by using the wastewater byproducts to create energy, water recycling, and the use of biosolids. In general, the community and businesses do not realize that when they improperly dispose of waste into the sanitation system, it can negatively affect the work we do and the quality of water we supply for the Groundwater Replenishment System. PROPOSED SOLUTION By providing tours, community outreach education, and general communication via the Sanitation District’s website, social media outlets, and mainstream media, we have the ability to educate the community, local agencies, and businesses on the What2Flush program, energy production, water recycling, biosolids, and our source control program. This, in turn, results in a better quality of wastewater. Page 2 of 2 RAMIFICATIONS OF NOT TAKING ACTION If we do not educate the community, local agencies, and area businesses about the Sanitation District, we lose an opportunity to educate thousands of people about our plants, source control, and the wastewater industry as a whole. ADDITIONAL INFORMATION June 2019 Activity # # of Guests OCSD/OCWD Tours 5 105 OCSD Tours 6 84 Speaking Engagements 3 110 Events 1 500 Current Activities - June 2019 • 65th Anniversary Coordination • Director Doug Chaffee Tour • Cal State Fullerton Speaking Engagement • Anaheim OC Green Expo on June 22 • Anaheim District Meeting Upcoming Activities – July 2019 65th Anniversary Open House Join us as we celebrate our 65th Anniversary on Saturday, July 27 from 9 a.m.-12 p.m. There will be booths, games, tours, and more. If you want to take a tour, please sign up as soon as possible at www.ocsd.com/tours (time slots are filling fast). Ribbon Cutting for OCSD Centrifuge Celebrate the unveiling of the Sanitation District’s newest centrifuges, among the largest in the world on Saturday, July 27 at 9 a.m. Communications Audit The Communications Audit has been finalized and an RFP will be issued by June 30, 2019 to select a firm to conduct the audit. ATTACHMENTS The following attachments are attached in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Outreach Report June 2019 • Media Clips June 2019 Outreach Report June 2019 Date Event Attendees 5/28/19 New Employee/Open Tour 25 5/30/19 Vanguard Nursing Tour 19 5/31/19 UCI Tour 30 6/4/19 UC Riverside Tour 22 6/5/19 CSUF Nursing tour 12 6/6/19 Lab Tour 2 6/6/19 Cub Scout Tour 15 6/7/19 USFCA Nursing Tour 21 6/12/19 Anaheim District Meeting ‐ Speaking 45 6/12/19 Girl Scout Troop tour 25 6/13/19 Perceiver School Tour 12 6/13/19 Anaheim District Meeting ‐ Speaking 40 6/19/19 Baldy View Nursing Tour 23 6/22/19 OC Green Expo 500 6/25/19 OCHCA Tour 25 6/26/19 CSUF Nursing tour 24 6/26/19 CSUF Speaking Engagement 25 6/27/19 Director Chafee tour 8 OCSD Public Affairs Office Monthly News Clippings June 2019 Table of Contents GWRS…………………………………………… ................................ PAGE 1 May 17, 2019 From Toilet to Tap: What Cities need to Overcome to make that happen By: Sasha Harris-Lovett and David Sedlak The Wall Street Journal HUMAN INTEREST…………………………………………… ................. PAGE 4 May 24, 2019 Orange County Sanitation District selects new environmental director By: Daily Pilot Staff Daily Pilot May 24, 2019 Nguyen joins field for appointment to water board seat By: Brooke Staggs OC Register June 11, 2019 OCSD Selects New Leadership By: Association of California Cities Staff Association of California Cities Orange County June 13, 2019 As Californians save more water, their sewers get less and that’s a problem By: Gary Pitzer Western Water June 15, 2019 Special districts stress focused services, prudent planning By: Neil McCormick Voice of OC - Opinion SOCIAL MEDIA POSTINGS …………………………………………… ..... PAGE 20 1 From Toilet to Tap: What Cities Need to Overcome to Make That Happen Recycled sewage will be a part of more cities’ water supplies in the future. But how do you get past the yuck factor? The city of Los Angeles aims to upgrade the Hyperion Water Reclamation Plant, seen above, as part of a plan to recycle 100% of its wastewater by 2035. By Sasha Harris-Lovett and David Sedlak May 17, 2019 11:05 a.m. ET Would you drink recycled sewage? It’s a question you may need to think about someday. The Wall Street Journal  May 17, 2019  2 In recent years, the idea of creating a circular economy—in which all of the resources coming into our cities are recycled after they are used—has taken hold. We now routinely recycle paper, glass and food scraps, as well as parts of demolished buildings and crumbling highways. Widespread sewage recycling could be the next frontier. Productively reusing sewage is nothing new. For centuries, people have used their wastes for irrigation. Then, about 50 years ago, engineers developed technologies that allowed them to turn sewage back into drinking water. Since then, water-stressed cities across the country have quietly begun to close the loop on their water systems. Today more than four million Americans in Atlanta, Northern Virginia, Phoenix, Southern California, Dallas, and El Paso, Texas, get some or all of their drinking water from treated sewage. Many more cities are likely to follow that same path. Their current water supplies aren’t likely to be adequate in the future, given the many continuing stresses they face—in particular, droughts, the shifting and uncertain precipitation patterns due to climate change, increasing urban populations, more-stringent regulations to protect endangered fish or other wildlife, and the water needs of agriculture and industry. One of its greatest benefits is that sewage keeps flowing even during droughts. And once it’s purified to drinking- water quality, it doesn’t require the installation of any new pipes to carry it to people’s homes. But cities interested in taking the toilet-to-tap plunge must overcome several hurdles. Overcoming reluctance First, of course, the sewage needs to be made clean enough to drink. Fortunately, modern technologies can produce recycled water that is even cleaner than much of the drinking water we get from rivers, lakes and groundwater wells. Reverse-osmosis membranes remove bacteria, viruses, pharmaceuticals and other chemicals in sewage. Follow that with exposure to ultraviolet light and hydrogen peroxide to mop up anything that gets through the membranes, and you have water that meets all drinking-water standards. In fact, recycled water can be so clean that, just like the popular brands of bottled water produced by the reverse-osmosis process, minerals have to be added back in to make it taste like the water we’re familiar with. The next hurdle is surmounting the disgust associated with drinking recycled water. In other words, the yuck factor. Treated sewage has long been widely used to water lawns and golf courses, without much fuss. But it’s obviously an entirely different story to ingest it, even if people know it’s clean. The yuck factor can seem like an insurmountable barrier, especially in an era when public confidence in the safety of tap water has been shaken by reports of lead and fluorinated chemicals in water supplies. But it has proved not to be. Through decades of experience with sewage recycling—also known as potable water reuse—in different locales, water utilities have learned that communities support potable water reuse when it meets a perceived need and is managed by trusted and competent institutions. To overcome the queasiness, utilities planning recycling projects conduct extensive outreach programs to address community concerns. That can include community meetings, public tours of the utility’s facilities that end with an opportunity to drink recycled water, and bottles of recycled water being given away at public events. The Orange County Water District in Southern California held thousands of tours and community meetings on its potable reuse project. Beyond sharing their story, water utilities cultivate public trust by demonstrating a commitment to transparency and competency. The utilities that have overcome the yuck factor are the ones that include physicians and public- health specialists on their oversight boards, invest in state-of-the-art treatment and monitoring technologies, make their water-quality data public and otherwise go the extra mile when it comes to ensuring their process is safe and reliable. 3 Retaining trust Once the public is on board and utilities start recycling sewage, they need to be vigilant to ensure that the water remains safe to drink. Treatment plants should continuously monitor for contaminants of all kinds, not just those they are required to watch for by the federal Environmental Protection Agency and local regulatory agencies. When a new contaminant is discovered or when an unexpected hiccup happens in the treatment process, the utility has to respond before public health and/or confidence are compromised. That requires investment in the people and equipment needed to stay ahead of the curve. For example, in the late 1990s, N-nitrosodimethylamine (NDMA)—a potent carcinogen—was detected in recycled water by the Orange County Water District. The utility surmised that local industries were discharging chemicals into the sewer that its water-treatment processes were converting into NDMA. Rather than falling back on the excuse that there wasn’t an established drinking-water standard for the chemical, the utility suspended recycling operations until it developed ways to reduce these industrial NDMA-precursor discharges to the sewer, as well as minimize NDMA formation during treatment by acquiring new approaches for destroying the chemical in its treatment processes. This response wasn’t cheap: It required investing millions of dollars in research and development despite the absence of a government mandate to do so. Considering the cash-strapped state of utilities in many of the nation’s cities, it is worth considering how the vigilance of the early adopters can be replicated by the next set of water- recycling utilities. Let it flow Another concern looms as potable water reuse becomes more common: In arid regions, treated wastewater is all that keeps some rivers flowing in the dry season. Parts of the Los Angeles River, where canoeing is becoming more popular, would no longer flow if the city expanded its potable water reuse program. If Dallas recycled more sewage, Houston’s water supplies could suffer: The Trinity River, which consists primarily of Dallas’s treated sewage during periods when it hasn’t been raining, would no longer help refill one of Houston’s main reservoirs. (The water from the river is made acceptable for drinking by natural purification during the long trip downstream and Houston’s drinking-water treatment plants.) Some of these issues can be circumvented with agreements with downstream users before potable reuse systems are built, but this issue is likely to grow in importance as more cities turn to water recycling. Finally, it’s important to note that potable water reuse is expensive, so it’s unlikely that a city would consider it in the absence of significant concerns about its water supply. Ultimately, in cities that can make a case for recycled water, the future of potable water reuse depends upon the willingness of water providers to do what it takes to make sure that the public can be confident about the quality of water coming out of their tap. Dr. Harris-Lovett is a postdoctoral fellow at the Berkeley Water Center, at the University of California, Berkeley. Dr. Sedlak is co-director of the Berkeley Water Center and deputy director of the National Science Foundation’s Engineering Research Center for Reinventing the Nation’s Urban Water Infrastructure. They can be reached at reports@wsj.com. 4 Orange County Sanitation District selects new environmental director Daily Pilot staff – May 24, 2019 The Fountain Valley-based Orange County Sanitation District has chosen Lan Wiborg as its new director of environmental services. Wiborg has served in the water industry for about two decades, with roles including San Diego’s deputy public utilities director of long-range planning and water resources. “Lan was selected from a talented pool of candidates,” Orange County Sanitation District General Manager Jim Herberg said in a statement. “Her longstanding relationships within the regulatory community and within the water and wastewater industry will be extremely valuable when it comes to managing OCSD’s environmental and regulatory programs.” Daily Pilot  May 24, 2019  5 Nguyen joins field for appointment to water board seat; she faces 6 rivals Unprecedented interest in Municipal Water District of Orange County after tunnel project affecting SoCal is killed By Brooke Staggs bstaggs@scng.com @JournoBrooke on Twitter May 24, 2019 After much speculation about whether Janet Nguyen might run for one of Orange County’s hotly contested congressional seats in 2020, the Republican former state senator has thrown her hat in a surprising ring. And she’s not alone. Nguyen is one of seven people vying to fill a board of directors seat with the Municipal Water District of Orange County. The seat was left vacant after director Wayne Osborne, who was elected to a four-year term in 2016, retired in late April. “I was really heartened to see someone from that level interested in serving on our board,” district board President Brett Barbre said of Nguyen. With an applicant roster that also includes former city councilmen and a current school board member, Barbre — who’s been on the water board since 2000 — called the level of interest in working on the water board “unprecedented.” He attributes part of that spike in interest to decisions recently handed down from the state, including Gov. Gavin Newsom’s May 2 move to kill a controversial 30-year plan to build twin tunnels under the Sacramento-San Joaquin River Delta to help move water to the south. Orange County Register  May 24, 2019  6 Indeed, several candidates — including Nguyen — mentioned the twin tunnels project in their water board applications. “That’s really heightened interest in water issues,” Barbre said. “I think that irresponsibility across the state is driving a lot of this.” Metropolitan Water is a wholesale water supplier. It buys water imported from the Colorado River and the State Water Project and sells it to 28 city water departments and private water districts. Those agencies supply water to more than two-thirds of Orange County, including every city except Anaheim, Fullerton and Santa Ana. A seven-member board oversees the district’s $10.8 million operating budget and nearly $250 million in annual water sales. Board members can take home more than $30,000 a year in pay and are eligible for benefits that can amount to another $20,000 a year. That includes nearly $300 for every meeting attended, at up to 10 meetings per month, along with optional health insurance coverage, a retirement plan, transportation reimbursement and more. Directors are elected every four years to represent different areas of the county. Osborne’s vacant seat is for Division 3, which includes Cypress, Fountain Valley, Los Alamitos, Stanton and Westminster plus portions of Garden Grove and unincorporated Orange County. Nguyen now lives in Fountain Valley. She pointed out that she’s represented more than 90 percent of the water district’s Division 3 over the last decade in her elected roles on the Garden Grove City Council, county Board of Supervisors and state Senate. There were originally nine candidates for the MWDOC seat. Los Alamitos Councilman Richard Murphy applied for the vacancy and was backed by several local leaders, including First District Supervisor Andrew Do. But once Murphy discovered he couldn’t simultaneously sit on the water board and keep his seat on the Los Alamitos City Council, he withdrew his name from consideration. At least two other candidates might face similar decisions if appointed to the water district seat. Khanh Nguyen is a civil engineer who already serves on the Westminster School District board, and Betty Burnett, an attorney from Fountain Valley, serves as general manager at South Orange County Wastewater Authority. Other candidates include former Fountain Valley Mayor Larry Crandall, former Garden Grove mayor pro tem Kris Beard, former Fountain Valley planning commissioner Robert McVicker, construction marketing manager Mathew Forester and former Los Alamitos school board member Jeffrey Barke. Barke, a physician who helps with regional disaster preparedness, received an endorsement from County Supervisor Michelle Steel, who recently announced that she is running against Rep. Harley Rouda, D-Laguna Beach, for the 48th Congressional District. 7 Nguyen was rumored to also be eyeing that CA-48 seat. She declined to elaborate Thursday on her future plans, saying only that if appointed to the water board she’ll run for re-election in 2020. The water district board is expected to appoint a candidate to fill Osborne’s vacant seat at Wednesday’s meeting. Barbre said he’d prefer to have residents vote on who’ll hold the seat for the next 19 months, but he couldn’t get support from the rest of the board to hold a special election that might cost $1 million. 8 Association of California Cities, Orange County <events@accoc.org> June 11, 2019 OCSD SELECTS NEW LEADERSHIP Fountain Valley, California -The Orange County Sanitation District (OCSD) recently selected Ms. Lan Wiborg, to serve as the new Director of Environmental Services . Ms. Wiborg comes to OCSD with more than 20 years of water and wastewater utility experience. She served as the City of San Diego's Deputy Public Utilities Director of Long- Range Planning and Water Resources, where she oversaw water resource development and planning, watershed protection, water conservation, climate change adaptation, and grid- scale pumped hydropower energy storage programs. Association of California Cities  June 11, 2019    9 Wiborg is the inaugural recipient of the San Diego State University (SDSU) Graduate School of Public Health a Distinguished Alumni Award and is a member of Delta Omega, the Honorary Society of Public Health. She also held a faculty appointment at SDSU in the areas of water quality and environmental health from 2014-2016. As the Director of Environmental Services, Ms. Wiborg will manage the Environmental Services Department with responsibility over environmental compliance, regulatory affairs, the environmental laboratory, ocean monitoring program, and source control operations. "Lan was selected from a talented pool of candidates. Her longstanding relationships within the regulatory community and within the water and wastewater industry will be extremely valuable when it comes to managing OCSD's environmental and regulatory programs," stated Jim Herberg, OCSD General Manager. "She is an excellent choice and I look forward to working with her as part of OCSD's Executive Management Team." Wiborg holds a Bachelor's in Mathematical Psychology and Exercise Physiology, and a Master of Public Health in Environmental Health. In her spare time, Ms. Wiborg enjoys volunteering with watershed protection groups, crafting with natural materials, outdoor adventures and traveling. About OCSD OCSD is a public agency that provides wastewater collection, treatment, and recycling for approximately 2.6 million people in central and northwest Orange County. OCSD is a special district that is governed by a 25-member Board of Directors comprised of 20 cities, four special districts, and one representative from the Orange County Board of Supervisors. OCSD has two operating facilities that treat wastewater from residential, commercial and industrial sources. 10 Western Water June 13, 2019 Gary Pitzer AS CALIFORNIANS SAVE MORE WATER, THEIR SEWERS GET LESS AND THAT’S A PROBLEM WESTERN WATER NOTEBOOK: LOWER FLOWS DAMAGE EQUIPMENT, CONCENTRATE WASTE AND STINK UP NEIGHBORHOODS; SHOULD WATER CONSERVATION FOCUS SHIFT OUTDOORS? Corrosion is evident in this wastewater pipe from Los Angeles County. (Image: Los Angeles County Public Works Department) Californians have been doing an exceptional job reducing their indoor water use, helping the state survive the most recent drought when water districts were required to meet conservation targets. With more droughts inevitable, Californians are likely to face even greater calls to save water in the future. However, less water used in the home for showers, clothes washing and toilet flushing means less water flowing out and pushing waste through the sewers. That has resulted in corroded wastewater pipes and damaged equipment, and left sewage stagnating and neighborhoods stinking. Less wastewater, and thus more concentrated waste, also means higher costs to treat the sewage and less recycled water for such things as irrigating parks, Western Water  June 13, 2019    11 replenishing groundwater or discharging treated flows to rivers to keep them vibrant for fish and wildlife. It’s a complex problem with no easy answers. Some water agencies even have suggested the state needs to push more conservation efforts to outdoor water use rather than indoor use to keep wastewater flowing. For now, local sanitation agencies are beginning to assess how best to respond with changes in how they operate – and how they plan for a future that will inevitably include more droughts. “Indoor water savings are good, but the flip side is, as you get lower [use] … at what point are you causing more harm than the benefit you are getting from saving those drops of water?” said Adam Link, director of operations with the California Association of Sanitation Agencies. Adam Link, director of operations with the California Association of Sanitation Agencies (Image: California Association of Sanitation Agencies) Link said his organization had heard anecdotal accounts of problems, but that they varied depending on location. Wastewater agencies generally handled problems through operational changes such as increased chemical treatment. A recent report by the Public Policy Institute of California (PPIC) quantified the problem, finding in a survey of wastewater agencies, that one-fifth of respondents indicated increased corrosion of collection systems due to declining influent quality. The PPIC’s report released in April, Managing Wastewater in a Changing Climate, said the wastewater treatment sector “is at a turning point,” with drought posing the biggest challenge. The report suggested action is needed to improve coordination between water suppliers and wastewater agencies to ensure that water conservation efforts in the urban sector can be accounted for as part of the short- and long-term planning on the treatment side. “Wastewater managers would benefit from knowing which demand management strategies are deployed, when and where the strategies are being implemented, and how much indoor 12 water savings are expected over time,” according to the report. It noted that the California Department of Water Resources and the State Water Resources Control Board could help facilitate better exchange of information and provide guidance for integrating water supply and wastewater planning. “Indoor water savings are good, but the flip side is, as you get lower [use] … at what point are you causing more harm than the benefit you are getting from saving those drops of water?” ~Adam Link, director of operations with the California Association of Sanitation Agencies Link agreed that as wastewater agencies plan for future treatment capacity and the projected demand for recycled water, they should be included in discussions about further reductions in water use — and how reduced flows affect the planning and sizing of recycled water projects. The state has set a goal of developing at least 2.5 million acre-feet a year of recycled water by 2030. Rob Thompson, assistant general manager of the Orange County Sanitation District, said his agency has planned for changing flow patterns based on factors such as economic activity and the amount of rain received. “When people talk about low flow, it’s really one of a plethora of items which are really about resilience,” he said. “We are consistently planning … with our operations, maintenance and engineering to deal with those changes.” This schematic from Sacramento Regional County Sanitation District is an example of how wastewater systems work. (Image: Sacramento Regional County Sanitation District) The district receives about 185 million gallons of sewage each day from more than 2 million people in north central Orange County (185 million gallons would fill a football field 515 feet 13 deep). One hundred million gallons of that treated wastewater is put back to work to irrigate parks, schools and golf courses and help combat seawater intrusion. The district’s collection system and manholes have been protected from corrosion since the 1960s and for the last decade, chemical treatment has been used to block formation of odorous and corrosion-causing compounds, said Thompson, noting that the district has been granted patents for its processes. Re-evaluating Water Conservation Strategies The 2012-2016 drought was the driest in recorded state history. The extent of the impacts from reduced sewage flows – corrosion, odor problems as sewage pools in neighborhood pipes and increased salinity – surprised some people. The episode highlights what’s needed in the future. “We know the next drought is coming. This is our reality to manage and adapt to,” said Jelena Hartman, senior scientist with the State Water Board, at PPIC’s April panel presentation on the report. “California policy on long-term water use efficiency should prioritize outdoor water use restrictions, which will have a lower impact on interconnected water systems, to achieve statewide demand management goals.” ~ 2017 California Urban Water Agencies white paper, Adapting to Change: Utility Systems and Declining Flows Because many rivers rely on treated wastewater for water quality and flow, reductions in discharges can add to the environmental impacts on rivers when drought strikes, Hartman said. Less water flowing to rivers — whether from treatment plants, street runoff or stormwater flows — affects overall environmental quality. “It’s not just water recycling,” she said. “We are talking about low-impact development, capturing storm flows and reducing urban runoff.” Meanwhile, the drive to ratchet down water use in California begs the question of whether conservation efforts could eventually shift because of the impacts to the wastewater sector. A 2018 law sets indoor consumption goals at 55 gallons per person per day, with the figure dropping to 52.5 gallons in 2025 and 50 gallons in 2030. It’s up to water agencies to work with users to meet the goals. 14 In a 2017 white paper, Adapting to Change: Utility Systems and Declining Flows, California Urban Water Agencies (CUWA) noted that while saving water indoors is an important element of water management programs, more must be done to manage all future water demands. CUWA is an association of 11 major California urban water agencies. “California policy on long-term water use efficiency should prioritize outdoor water use restrictions, which will have a lower impact on interconnected water systems, to achieve statewide demand management goals,” the white paper said. Outdoor water use varies greatly in the state, accounting for as little as 25 percent of a household’s use in coastal areas and as much as 80 percent in the hotter inland regions. Treated wastewater flows into the Los Angeles River. These types of wastewater discharges are important sources of water to help maintain river vitality. (Image: Southern California Coastal Water Research Project) On the environmental side, work is underway to quantify the impact of reduced discharges to surface waters. In Los Angeles, a coalition of state and local agencies are collaborating with the Southern California Coastal Water Research Project on a two-year study launched last fall to determine what happens when treated wastewater effluent and runoff usually sent to the Los Angeles River is diverted for recycling. Researchers are looking at how vulnerable species and habitats along a 45-mile stretch of the lower reach of the river respond to flow reductions with an eye toward developing recommended flow targets by season and section of the river. What’s Next When drought returns to California and people do their part to conserve water, use levels will again drop, perhaps even to record-low levels. Wastewater treatment agencies will again be 15 faced with even less flows. Thompson, with the Orange County Sanitation District, said agencies should use their regular retrofit and upgrade schedule to measure their resilience. Part of a wastewater treatment plant in Contra Costa County. (Image: File) “You don’t design for one little problem,” he said. “You look at the overall condition of your treatment plant and look at opportunities to replace outdated infrastructure with more focused infrastructure that meets the new needs you are facing.” The state, PPIC said, should help the wastewater sector and direct its funding assistance toward regional approaches to planning and research. “The state also has a responsibility to evaluate its own policies for areas of conflict between water use efficiency, recycled water production and environmental flows,” the report said. “The state needs to be clear about the inevitable tradeoffs associated with these goals and help set priorities.” There also needs to be better delineation between what’s happening with the long-term trend of reduced indoor water use and the impact drought has on that use. “That is one of the unanswered questions,” Link said. “Is there going to be a bounce back [in water use after a drought] or is there where we are and what we have to plan for?” 16 OPINION McCormick: Special Districts Stress Focused Services, Prudent Planning By NEIL MCCORMICK June 15, 2019 Special districts often don’t receive as much attention as other types of government. Unfortunately, when they do, it is sometimes inaccurate or even misleading. In fact, some news reports have published without even contacting us to ask questions. The truth is that we welcome the opportunity to share facts about how special districts operate and manage their fiscal health as they provide essential local services and infrastructure to millions of Californians. Voice of OC  June 13, 2019    17 In Orange County, special districts provide utilities to some of the area’s best planned communities. They provide sanitation and water services throughout the region, park and recreation services, mosquito and vector control, and even maintain cemeteries. The award-winning Placentia Library District exists because voters created this special district that has become a community treasure. Recently, a few critics have opined that special districts save unnecessarily large amounts of reserves, citing a seriously flawed Little Hoover Commission report from nearly 20 years ago. It’s unusual to hear people complain that government is being too prudent and not spending enough money, but there’s always room for improvement. Fortunately, the more recent Commission study of 2017 drew more balanced conclusions and used more relevant, accurate information and methodology. It stated that special districts are the “workhorses” of public service delivery, but that they could do a better job of telling their story. We agree. Yet still, those who hope to find fault will find it. One recent Orange County media report on special districts prominently cited a quote from Howard Jarvis Taxpayers Association President Jon Coupal, who said that it was his opinion that “government entities” were “hoarding” money. The problem is that Coupal’s predictable stance was in reference to government generally, not just special districts as portrayed by the article. In his full testimony, Coupal went on to stress that he does not see special districts as inherently “good or bad.” The same article that misinterpreted Coupal’s quote, sought to demonstrate the alleged “hoarding” of money by adding up the total assets and savings of every special district, joint powers authority, and even some corporations and calling it all special district reserves. This was also problematic, considering the largest entity they included was not a special district. It was the Inland Empire Health Plan, which is a not-for-profit Medi-Cal and Medicare health plan with nearly $2 billion in assets. 18 The article also failed to recognize the difference between investments in infrastructure and cash on hand—big difference. When analyzing local governance, it’s important to gather the right data. It’s also necessary to correctly interpret the data. Asking the local agencies themselves is a good start to an accurate assessment. For example, most special districts provide services using highly specialized infrastructure that make it difficult to compare their financial needs with general purpose governments, such as cities and counties. While general purpose governments typically spend a large portion of their general fund on personnel and day-to-day programs, most special districts are different. For instance, a small water district may employ relatively few people but must budget for developing and maintaining a complex and highly-engineered delivery system and facilities. Planning and saving for the eventual replacement of that infrastructure is responsible management. But again, we do agree with critics on that one key point: special districts can do more to tell their story. Because special district services aren’t typically controversial, like most of the issues dominating today’s media, they get less coverage. Very few struggling newspapers are going to send a reporter to cover dry, technical meetings, despite our pleas that they do so and our efforts to offer interesting public happenings. But lack of controversy does not mean special district services are insignificant. That is why the California Special Districts Association and our members work so hard to get media coverage of our issues and we are grateful for the few opportunities we get to speak out, such as the Voice of OC has provided us. Special districts focus on providing a single, specialized service or small suite of services as requested and approved by the voters. They are formed to meet a local 19 need with local control. And, they are able to be efficient and effective because they are experts specializing in local service. Virtually all special districts want their communities to better understand their services and issues, and we will continue to shout out their stories at every opportunity. Interested readers can learn more about special districts at Districts Make The Difference. Now through September 30, high school and college students may visit this site to compete for a scholarship by submitting a short video about special districts serving their community. Neil McCormick is the chief executive officer of the California Special Districts Association, which promotes good governance and improved local services through professional development, advocacy, and other services for all types of independent special districts. Opinions expressed in editorials belong to the authors and not Voice of OC. Voice of OC is interested in hearing different perspectives and voices. If you want to weigh in on this issue or others please contact Voice of OC Involvement Editor Theresa Sears at TSears@voiceofoc.org 20 Facebook Posts for May/June Social Media Posts  June 2019    21 22 23 Twitter Posts for June 24 25 Instagram Posts for June ORANGE COUNTY SANITATION DISTRICT COMMON ACRONYMS ACWA Association of California Water Agencies LAFCO Local Agency Formation Commission RWQCB Regional Water Quality Control Board APWA American Public Works Association LOS Level Of Service SARFPA Santa Ana River Flood Protection Agency AQMD Air Quality Management District MGD Million Gallons Per Day SARI Santa Ana River Interceptor ASCE American Society of Civil Engineers MOU Memorandum of Understanding SARWQCB Santa Ana Regional Water Quality Control Board BOD Biochemical Oxygen Demand NACWA National Association of Clean Water Agencies SAWPA Santa Ana Watershed Project Authority CARB California Air Resources Board NEPA National Environmental Policy Act SCADA Supervisory Control And Data Acquisition CASA California Association of Sanitation Agencies NGOs Non-Governmental Organizations SCAP Southern California Alliance of Publicly Owned Treatment Works CCTV Closed Circuit Television NPDES National Pollutant Discharge Elimination System SCAQMD South Coast Air Quality Management District CEQA California Environmental Quality Act NWRI National Water Research Institute SOCWA South Orange County Wastewater Authority CIP Capital Improvement Program O & M Operations & Maintenance SRF Clean Water State Revolving Fund CRWQCB California Regional Water Quality Control Board OCCOG Orange County Council of Governments SSMP Sewer System Management Plan CWA Clean Water Act OCHCA Orange County Health Care Agency SSO Sanitary Sewer Overflow CWEA California Water Environment Association OCSD Orange County Sanitation District SWRCB State Water Resources Control Board EIR Environmental Impact Report OCWD Orange County Water District TDS Total Dissolved Solids EMT Executive Management Team OOBS Ocean Outfall Booster Station TMDL Total Maximum Daily Load EPA US Environmental Protection Agency OSHA Occupational Safety and Health Administration TSS Total Suspended Solids FOG Fats, Oils, and Grease PCSA Professional Consultant/Construction Services Agreement WDR Waste Discharge Requirements gpd gallons per day PDSA Professional Design Services Agreement WEF Water Environment Federation GWRS Groundwater Replenishment System POTW Publicly Owned Treatment Works WERF Water Environment & Reuse Foundation ICS Incident Command System ppm parts per million WIFIA Water Infrastructure Finance and Innovation Act IERP Integrated Emergency Response Plan PSA Professional Services Agreement WIIN Water Infrastructure Improvements for the Nation Act JPA Joint Powers Authority RFP Request For Proposal WRDA Water Resources Development Act ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS ACTIVATED SLUDGE PROCESS – A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater. BENTHOS – The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone. BIOCHEMICAL OXYGEN DEMAND (BOD) – The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. BIOGAS – A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. BIOSOLIDS – Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farmland or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. CAPITAL IMPROVEMENT PROGRAM (CIP) – Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. COLIFORM BACTERIA – A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. COLLECTIONS SYSTEM – In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. CERTIFICATE OF PARTICIPATION (COP) – A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. CONTAMINANTS OF POTENTIAL CONCERN (CPC) – Pharmaceuticals, hormones, and other organic wastewater contaminants. DILUTION TO THRESHOLD (D/T) – The dilution at which the majority of people detect the odor becomes the D/T for that air sample. GREENHOUSE GASES (GHG) – In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming (“greenhouse effect”). GROUNDWATER REPLENISHMENT SYSTEM (GWRS) – A joint water reclamation project that proactively responds to Southern California’s current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons per day of drinking quality water to replenish the local groundwater supply. LEVEL OF SERVICE (LOS) – Goals to support environmental and public expectations for performance. N-NITROSODIMETHYLAMINE (NDMA) – A N-nitrosamine suspected cancer-causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. NATIONAL BIOSOLIDS PARTNERSHIP (NBP) – An alliance of the National Association of Clean Water Agencies and Water Environment Federation, with advisory support from the US Environmental Protection Agency. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. PLUME – A visible or measurable concentration of discharge from a stationary source or fixed facility. PUBLICLY OWNED TREATMENT WORKS (POTW) – A municipal wastewater treatment plant. SANTA ANA RIVER INTERCEPTOR (SARI) LINE – A regional brine line designed to convey 30 million gallons per day of non- reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. SANITARY SEWER – Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban runoff. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) – Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. SECONDARY TREATMENT – Biological wastewater treatment, particularly the activated sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. SLUDGE – Untreated solid material created by the treatment of wastewater. TOTAL SUSPENDED SOLIDS (TSS) – The amount of solids floating and in suspension in wastewater. TRICKLING FILTER – A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. URBAN RUNOFF – Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. WASTEWATER – Any water that enters the sanitary sewer. WATERSHED – A land area from which water drains to a particular water body. The Orange County Sanitation District’s service area is in the Santa Ana River Watershed.