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HomeMy WebLinkAbout05-10-2021 Legislative Committee Meeting Complete Agenda Packet 5-3-21 ORANGE COUNTY SANITATION DISTRICT SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 12, 2020 and March 18, 2020, Governor Newsom issued Executive Order N-25-20 and Executive Order N-29-20, which temporarily suspend portions of the Brown Act which addresses the conduct of public meetings. The General Manager and the Chairman of the Board of Directors have determined that due to the size of the Orange County Sanitation District’s Board of Directors (25), and the health and safety of the members, the Board of Directors will be participating in meetings of the Board telephonically and via Internet accessibility. PUBLIC PARTICIPATION Your participation is always welcome. The Legislative and Public Affairs Committee meeting will be available to the public online at: https://ocsd.legistar.com/Calendar.aspx You may submit your comments and questions in writing for the Committee’s consideration in advance of the meeting by using the eComment feature available via the webpage above or sending them to OCSanClerk@ocsd.com with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”. Submit your written comments by 9:00 a.m. on Monday, May 10, 2021. You may also submit comments and questions for the Committee’s consideration during the meeting by using the eComment feature that will be available via the webpage above for the duration of the meeting. All public comments will be provided to the Committee and may be read into the record or compiled as part of the record. Thank you. May 3, 2021 NOTICE OF MEETING LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE ORANGE COUNTY SANITATION DISTRICT Monday, May 10, 2021 – 4:30 P.M. ACCESSIBILITY FOR THE GENERAL PUBLIC Due to the spread of COVID-19, the Orange County Sanitation District will be holding all upcoming Board and Committee meetings by teleconferencing and Internet accessibility. This meeting will be available to the public online at: https://ocsd.legistar.com/Calendar.aspx A regular meeting of the Legislative and Public Affairs Committee of the Orange County Sanitation District will be held in the manner indicated herein on Monday, May 10, 2021 at 4:30 p.m. LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE MEETING DATES BOARD MEETING DATES Monday 05/10/21 4:30 p.m. 05/26/21 JUNE – DARK 06/23/21 Monday 07/12/21 4:00 p.m. 07/28/21 AUGUST – DARK 08/25/21 Monday 09/13/21 4:30 p.m. 09/22/21 OCTOBER – DARK 10/27/21 Monday 11/08/21 4:30 p.m. 11/17/21 * DECEMBER – DARK 12/15/21 * JANUARY – DARK 01/26/22 Monday 02/07/22 4:30 p.m. 02/23/22 Monday 03/14/22 4:30 p.m. 03/23/22 Monday 04/11/22 4:00 p.m. 04/27/22 * Meeting will be held on the third Wednesday of the month ROLL CALL LEGISLATIVE & PUBLIC AFFAIRS COMMITTEE Meeting Date: May 10, 2021 Time: 4:30 p.m. Adjourn: COMMITTEE MEMBERS (7) Jesus J. Silva, Chair Marshall Goodman, Vice-Chair Kim Carr, Member-At-Large Anthony Kuo, Member-At-Large Andrew Nguyen, Member-At-Large David Shawver, Board Chair John Withers, Board Vice-Chair OTHERS Brad Hogin, General Counsel STAFF Jim Herberg, General Manager Rob Thompson, Assistant General Manager Lorenzo Tyner, Assistant General Manager Celia Chandler, Director of Human Resources Kathy Millea, Director of Engineering Lan Wiborg, Director of Environmental Services Kelly Lore, Clerk of the Board ORANGE COUNTY SANITATION DISTRICT Effective 2/9/2021 BOARD OF DIRECTORS Complete Roster AGENCY/CITIES ACTIVE DIRECTOR ALTERNATE DIRECTOR Anaheim Stephen Faessel Jose Diaz Brea Glenn Parker Steven Vargas Buena Park Art Brown Connor Traut Cypress Stacy Berry Anne Hertz Fountain Valley Patrick Harper Glenn Grandis Fullerton Jesus J. Silva Nick Dunlap Garden Grove Steve Jones John O’Neill Huntington Beach Kim Carr Dan Kalmick Irvine Anthony Kuo Farrah N. Khan La Habra Rose Espinoza Jose Medrano La Palma Marshall Goodman Nitesh Patel Los Alamitos Mark A. Chirco Ron Bates Newport Beach Brad Avery Joy Brenner Orange Kim Nichols Chip Monaco Placentia Chad Wanke Ward Smith Santa Ana Johnathan Ryan Hernandez Nelida Mendoza Seal Beach Sandra Massa-Lavitt Schelly Sustarsic Stanton David Shawver Carol Warren Tustin Ryan Gallagher Austin Lumbard Villa Park Chad Zimmerman Robert Collacott Sanitary/Water Districts Costa Mesa Sanitary District Bob Ooten Art Perry Midway City Sanitary District Andrew Nguyen Sergio Contreras Irvine Ranch Water District John Withers Douglas Reinhart Yorba Linda Water District Brooke Jones Phil Hawkins County Areas Board of Supervisors Doug Chaffee Donald P. Wagner LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Regular Meeting Agenda Monday, May 10, 2021 - 4:30 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 AGENDA POSTING: In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted outside the main gate of the Sanitation District’s Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District’s website at www.ocsd.com not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are available for public inspection in the office of the Clerk of the Board. AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. MEETING AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of the meeting. Please contact the Clerk of the Board's office at (714) 593-7433 to request the audio file. NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be submitted in writing to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433 / klore@ocsd.com at least 14 days before the meeting. FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT: General Manager: Jim Herberg, jherberg@ocsd.com / (714) 593-7300 Asst. General Manager: Lorenzo Tyner, ltyner@ocsd.com / (714) 593-7550 Asst. General Manager: Rob Thompson, rthompson@ocsd.com / (714) 593-7310 Director of Human Resources: Celia Chandler, cchandler@ocsd.com / (714) 593-7202 Director of Engineering: Kathy Millea, kmillea@ocsd.com / (714) 593-7365 Director of Environmental Services: Lan Wiborg, lwiborg@ocsd.com / (714) 593-7450 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Regular Meeting Agenda Monday, May 10, 2021 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL AND DECLARATION OF QUORUM: PUBLIC COMMENTS: Your participation is always welcome. The Legislative and Public Affairs Committee meeting will be available to the public online at: https://ocsd.legistar.com/Calendar.aspx. You may submit your comments and questions in writing for the Legislative and Public Affairs Committee’s consideration in advance of the meeting by using the eComment feature available via the webpage above or sending them to OCSanClerk@ocsd.com with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”. Submit your written comments by 9:00 a.m. on May 10, 2021. You may also submit comments and questions for the Legislative and Public Affairs Committee’s consideration during the meeting by using the eComment feature that will be available via the webpage above for the duration of the meeting. All public comments will be provided to the Legislative and Public Affairs Committee and may be read into the record or compiled as part of the record. REPORTS: The Committee Chairperson and the General Manager may present verbal reports on miscellaneous matters of general interest to the Directors. These reports are for information only and require no action by the Directors. CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1.2021-1599APPROVAL OF MINUTES RECOMMENDATION: Approve Minutes of the Regular Meeting of Legislative and Public Affairs Committee held April 12, 2021. Originator:Kelly Lore Agenda Report 04-12-2021 LaPA Committee Minutes Attachments: Page 1 of 3 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Regular Meeting Agenda Monday, May 10, 2021 NON-CONSENT: 2.2021-1608LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF APRIL 2021 RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of April 2021. Originator:Jim Herberg Agenda Report ENS Legislative Update Federal Legislative Matrix - ENS Resources Federal Advocacy Day Recap Report 2021 TPA Legislative Update State Legislative Matrix Townsend Grant Tracker 2021-2022 Attachments: 3.2021-1615PUBLIC AFFAIRS UPDATE FOR THE MONTH OF APRIL 2021 RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the month of April 2021. Originator:Jim Herberg Agenda Report Outreach Report April 2021 Orange County Water Association - 03-2021 OC San's Asset Management Attachments: 4.2021-1621OPPOSE ASSEMBLY BILL 1434 (FRIEDMAN) RECOMMENDATION: Oppose Assembly Bill 1434 - Urban Water Use Objectives: Indoor Residential Water Use (Friedman). Originator:Jim Herberg Agenda Report Letter of Opposition_AB 1434 AB 1434 Attachments: INFORMATION ITEMS: None. Page 2 of 3 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Regular Meeting Agenda Monday, May 10, 2021 DEPARTMENT HEAD REPORTS: CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: At this time Directors may request staff to place an item on a future agenda. ADJOURNMENT: The next Legislative and Public Affairs Committee meeting is scheduled for Monday, July 12, 2021 at 3:00 p.m. Page 3 of 3 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1599 Agenda Date:5/10/2021 Agenda Item No:1. FROM:James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: APPROVAL OF MINUTES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Approve Minutes of the Regular Meeting of Legislative and Public Affairs Committee held April 12, 2021. BACKGROUND In accordance with the Board of Directors Rules of Procedure,an accurate record of each meeting will be provided to the Directors for subsequent approval at the following meeting. RELEVANT STANDARDS ·Resolution No. OC SAN 21-04 ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Minutes of the Legislative and Public Affairs Committee meeting held April 12, 2021 Orange County Sanitation District Printed on 4/30/2021Page 1 of 1 powered by Legistar™ Orange County Sanitation District Minutes for the LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Monday, April 12, 2021 4:00 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 CALL TO ORDER A regular meeting of the Legislative and Public Affairs Committee was called to order by Committee Chair Jesus J. Silva on Monday, April 12, 2021 at 4:06 p.m. in the Administration Building of the Orange County Sanitation District. Chair Silva stated that the meeting was being held telephonically and via audio/video teleconferencing in accordance with the Governor's Executive Order No. N-29-20, due to the Coronavirus Pandemic (COVID-19). Chair Silva led the Flag Salute and announced the teleconference meeting guidelines. ROLL CALL AND DECLARATION OF QUORUM: Roll call was taken and a quorum was declared present, as follows: PRESENT:Jesus Silva, Marshall Goodman, Kim Carr, Anthony Kuo, Andrew Nguyen and David Shawver ABSENT:John Withers STAFF PRESENT: Kelly Lore, Clerk of the Board, and Brian Engeln were present in the Board Room. Jim Herberg, General Manager; Rob Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources; Kathy Millea, Director of Engineering; Lan Wiborg, Director of Environmental Services; Jennifer Cabral; Mortimer Caparas; Tanya Chong; Daisy Covarrubias; Tina Knapp; Rebecca Long; Kelly Newell; and Thomas Vu were in attendance telephonically. OTHERS PRESENT: Brad Hogin, General Counsel; Eric Sapirstein, ENS Resources; Eric O’Donnell, Townsend Public Affairs (TPA); and Cori Takkinen, Townsend Public Affairs (TPA) were in attendance telephonically. PUBLIC COMMENTS: None. REPORTS: Chair Silva provided information regarding recent virtual visits with Congressmen Lowenthal, Levin, and Correa, and with staff from Congresswoman Kim and Senators Padilla and Feinstein's staff. He stated that he attended the visits with Board Chair Shawver, Board Vice- Chair Withers, General Manager Jim Herberg, and OC San's federal lobbyist Eric Sapirstein and that current legislation, regulatory affairs, infrastructure, and funding opportunities were discussed. Chair Silva also stated that meetings with Congresswomen Steel and Porter are forthcoming. Page 1 of 4 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Minutes April 12, 2021 CONSENT CALENDAR: 1. APPROVAL OF MINUTES 2021-1566 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Legislative and Public Affairs Committee held March 8, 2021. AYES:Jesus Silva, Marshall Goodman, Kim Carr, Anthony Kuo, Andrew Nguyen and David Shawver NOES:None ABSENT:John Withers ABSTENTIONS:None NON-CONSENT: Director Nguyen appeared to be away during the voting on Items 2-4. 2. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF MARCH 2021 2021-1552 Originator: Jim Herberg Eric Sapirstein, ENS Resources, gave a Power Point presentation that provided an update on Federal legislative activities including infrastructure, Fiscal Year 2022 budget, and delegation visits. Mr. Sapirstein also provided a presentation regarding selected Federal water infrastructure approaches that included administration approach, House approach, and Senate approach. Cori Takkinen and Eric O'Donnell, TPA, provided a Power Point presentation that reviewed the State legislative calendar and specific legislation including AB 59 (Gabriel), AB 339 (Lee), AB 361 (Rivas), AB 622 (Friedman), AB 802 (Bloom), and SB 95 (Skinner). Mr. O'Donnell's presentation also reviewed planning for OC San advocacy days. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of March 2021. AYES:Jesus Silva, Marshall Goodman, Kim Carr, Anthony Kuo and David Shawver NOES:None ABSENT:Andrew Nguyen and John Withers ABSTENTIONS:None Page 2 of 4 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Minutes April 12, 2021 3. ASSEMBLY BILL POSITIONS: AB 59 (GABRIEL) OPPOSE; AB 339 (LEE) - OPPOSE AS AMENDED; AB 361 (RIVAS) AND AB 622 (BLOOM) - SUPPORT 2021-1553 Originator: Jim Herberg MOVED, SECONDED, AND DULY CARRIED TO: Approve position letters as amended for: AB 59 Mitigation Fee Act: fees: notice and timelines. (Gabriel) - Oppose AB 339 State and local government: open meetings. (Lee) - Oppose as Amended AB 361 Open meetings: local agencies: teleconferences. (Rivas) - Support AB 622 Washing machines: microfiber filtration. (Bloom) - Support AYES:Jesus Silva, Marshall Goodman, Kim Carr, Andrew Nguyen and David Shawver NOES:None ABSENT:Anthony Kuo and John Withers ABSTENTIONS:None 4. PUBLIC AFFAIRS UPDATE FOR THE MONTH OF MARCH 2021 2021-1561 Originator: Jim Herberg Ms. Cabral provided a brief presentation highlighting recent public affairs activities for the month of March 2021. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the month of March 2021. AYES:Jesus Silva, Marshall Goodman, Kim Carr, Anthony Kuo and David Shawver NOES:None ABSENT:Andrew Nguyen and John Withers ABSTENTIONS:None INFORMATION ITEMS: None. DEPARTMENT HEAD REPORTS: None. Page 3 of 4 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Minutes April 12, 2021 CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Board Chair Shawver stated that a full report of each meeting with the Orange County delegation will be provided to the Committee. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Silva declared the meeting adjourned at 5:00 p.m. to the meeting to be held on Monday, May 10, 2021 at 4:30 p.m. Submitted by: __________________ Kelly A. Lore, MMC Clerk of the Board Page 4 of 4 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1608 Agenda Date:5/10/2021 Agenda Item No:2. FROM:James D. Herberg, General Manager SUBJECT: LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF APRIL 2021 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of April 2021. BACKGROUND The Orange County Sanitation District’s (OC San)legislative affairs program includes advocating OC San’s legislative interests;sponsoring legislation (where appropriate);and seeking Local,State,and Federal funding for projects and programs.Staff will provide an update on recent legislative and grant activities. RELEVANT STANDARDS ·Maintain influential legislative advocacy and a public outreach program ·Build brand, trust, and support with policy makers and community leaders ·Maintain collaborative and cooperative relationships with regulators,stakeholders,and neighboring communities PROBLEM Without a strong advocacy program,elected officials may not be aware of OC San’s mission, programs, and projects and how they could be impacted by proposed legislation. PROPOSED SOLUTION Continue to work with Local,State,and Federal officials to advocate OC San’s legislative interests. Help to create/monitor legislation and grants that would benefit OC San,the wastewater industry,and the community as a whole.To assist in our relationship building activities,we will continue to reach out to our elected officials providing facility tours,one-on-one meetings,and trips to Washington D.C. and Sacramento. Orange County Sanitation District Printed on 5/3/2021Page 1 of 2 powered by Legistar™ File #:2021-1608 Agenda Date:5/10/2021 Agenda Item No:2. RAMIFICATIONS OF NOT TAKING ACTION If we do not work with Local,State,and Federal elected officials,legislation could be passed that negatively affects OC San and the wastewater industry as a whole.Additionally,a lack of engagement may result in missed funding opportunities. ADDITIONAL INFORMATION ·Community Funding Requests As part of the Congressional Community Funding Requests for directed federal spending,OC San staff has requested letters of support from our cities and fellow associations for our Headworks Rehabilitation Project.To date,OC San has received 10 letters of support.The letters have been transmitted to the OC Congressional Delegation.Staff and ENS will continue to work with the Delegation and monitor the requests and possible funding opportunities. ·OC San Visits Sacramento Virtually for Annual Advocacy Day As part of our legislative outreach program,OC San’s Board Chairman David Shawver and Vice-Chairman John Withers participated in a virtual State Advocacy Day.The meetings were held on April 22-23 and 29,during which current legislation,infrastructure,and funding opportunities was discussed with the Legislatures and their staff. ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Federal Update - ENS Resources ·Federal Legislative Matrix - ENS Resources ·Federal Advocacy Day Recap ·State Update - Townsend Public Affairs ·State Legislative Matrix - Townsend Public Affairs ·Grant Matrix Orange County Sanitation District Printed on 5/3/2021Page 2 of 2 powered by Legistar™ 1 | P a g e TO: Rebecca Long FROM: Eric Sapirstein DATE: April 19, 2021 SUBJECT: Washington Update Following the White House’s unveiling of its American Jobs Plan (Plan), which sets out an ambitious $2.2 trillion effort to legislate infrastructure assistance, jobs creation, tax increases, and a host of funding priorities to advance technology and workforce development, Congress has shifted its legislative focus to infrastructure investment using the Plan as a guide. In addition, the annual appropriations process began as Members in the House and Senate submitted project and/or programmatic funding requests from public agencies. The Administration transmitted a limited budget request for Fiscal Year (FY) 2022 to the House and Senate Committees on Appropriation. During this period of time, OC San’s leadership met virtually with many of its congressional delegation to discuss federal priorities. The following summarizes the past month’s activities in Washington. Fiscal Year 2022 Appropriations As Congress readies to begin the appropriations process for FY 2022, the White House’s Office of Management and Budget (OMB) transmitted a “skinny” budget request. The request details topline funding levels for federal agencies and departments’ programs. A more comprehensive budget request is expected in May. The request reinforces the Administration’s priorities to support climate change and resiliency, environmental justice, and environmental protection initiatives and is requesting a total of $769 billion in domestic discretionary funding. The request provides for a 16 percent increase over the FY 2021 funding of such programs. Discretionary spending supports federal programs and activities, including water infrastructure assistance. The U.S. Environmental Protection Agency (USEPA) would receive $11.2 billion, which represents a 21.3 percent increase from the FY 2021 level. The request supports the Administration’s environmental justice priorities and directs that funding to USEPA would support implementation of the Justice 40 commitment to target 40 percent of total federal benefits of climate investments to disadvantaged communities. Additionally, the request identifies the following funding priorities: 2 | P a g e • $1.8 billion in programs that help reduce greenhouse gas emissions, while also supporting environmental justice and job creation. • $936 million to support new Accelerating Environmental and Economic Justice initiative at USEPA. Includes $100 million to develop new community air quality monitoring and notification program to provide real-time data in places with highest level of exposure to pollution. An additional $30 million would be provided to enforce existing laws to protect communities from hazardous pollution. • $3.6 billion for water infrastructure, representing a $625 million increase over FY2021 enacted level. Funds could be used to advance water infrastructure improvement efforts for community water systems, schools, and households, as well as broader efforts to improve drinking water and wastewater infrastructure. • $75 million to accelerate toxicity studies and research to inform enforceable limits for Per- and polyfluoroalkyl substances (PFAS) under Safe Drinking Water Act. Funding request includes grants to support technical assistance as States and local governments deal with PFAS contamination. Infrastructure Policymaking The Administration’s American Jobs Plan was unveiled to partisan debate this month. Republicans and some Democrats rejected provisions to address non- infrastructure issues and raise taxes. Democrats unity also splintered over either too little funding for green projects, questions over the kind of taxes contemplated, and the absence of support for the restoration of the deduction of State and Local taxes. Under the plan, $111 billion would be dedicated to water infrastructure, but the majority of the assistance is targeted to support the replacement of drinking water service lines that contain lead, assistance to disadvantaged communities in need of safe and reliable drinking water, and PFAS groundwater cleanups. As one Member of Congress noted, it is a plan, and Congress will draft the actual legislative proposal, suggesting that a rebalancing of funding priorities is likely. While the White House is a plan, the House and Senate committees with jurisdiction over clean water infrastructure have acted on legislation. In the House, the Committee on Transportation & Infrastructure conducted a hearing into the Water Quality Protection and Job Creation Act of 2021( H.R. 1915) that is expected to serve as the basis for any final House clean water bill. Under the draft bill, it would: • authorize the clean water SRF at $8 billion per year for five years; • renew the Alternative Water Sources Act and authorize $1 billion for grants to support water recycling; • provide wastewater agencies with a new grants program of $1 billion to support PFAS pretreatment standards implementation; and • support clean water workforce development assistance. The Senate Committee on Environment and Public Works approved the Drinking Water and Wastewater Infrastructure Act (S. 914). It is more limited, providing just $16 billion to support the clean water SRF. As approved, the bill would: 3 | P a g e • Provide states with increased funding and program flexibilities to invest in community water projects that address aging infrastructure and improve water quality through the State Revolving Loan Funds. • Promote resiliency projects to address the impacts of climate change. • Increase investment to address recruitment, training, and retention challenges facing the water and wastewater utility workforce. Timing for action on the House bill is optimistically slated for May based upon Chairman Peter DeFazio’s comments. The Speaker has set July 4th as the deadline for House action on a comprehensive infrastructure bill. The Senate, where all action is subject to a filibuster, is slated to consider S. 914 the week of April 19. Taken collectively, it appears that any final water infrastructure bill is unlikely to be voted on before the early fall and is highly likely to become part of a larger infrastructure bill. House Lawmakers Reintroduce PFAS Legislation With CERCLA Designation This month, congressional lawmakers introduced the PFAS Action Act of 2021 (H.R. 2467), a comprehensive bill that aims to address the public health and environmental risks posed by PFAS contamination, including addressing, monitoring, and treating for PFAS contamination in water supplies. H.R. 2467, sponsored by Representative Debbie Dingell (D-MI), is a reintroduction of a bill Dingell tried to advance in the 116th Congress, H.R. 535, that OC SAN monitored closely due to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, designation provision the bill contained for PFAS. The PFAS Action Act of 2021, like last year’s bill, includes the same CERLA designation provision, directing USEPA to designate PFOA and PFOS as hazardous under CERCLA within one year of the bill’s enactment, and to determine whether to designate all PFAS substances as hazardous under CERLCA within five years of enactment of the bill. H.R. 2467 does not address how such a designation would impact the land use application of biosolids, nor does it identify an alternative application use for biosolids if PFAS are designated as hazardous. In addition to the CERLCA designation, the bill would also do the following: • Direct USEPA to review and determine whether to establish effluent and pretreatment standards for PFAS substances under the Clean Water Act and provide grants assistance to publicly owned treatment works for implementation of developed standards. Grants program would be authorized at $200 million for each of the fiscal years 2022 through 2026. Individual awarded grants are not to exceed $100 thousand. • Establish a national primary drinking water regulation standard for PFOA and PFOS within two years that protects public health, including the health of vulnerable subpopulations. • Establish a PFAS infrastructure grants program for affected community water systems authorized at $125 million for each of the fiscal years 2022- 2023 and $100 million for each fiscal years 2024-2026. • Require that EPA to place discharge limits on industrial releases of PFAS and provides $200 million annually for wastewater treatment. 4 | P a g e Buy American Legislation Reintroduced in the House Representative John Garamendi (D-CA) reintroduced the Made in America Act (H.R. 2468) this week, which strengthens Buy America requirements for federally funded infrastructure projects, including clean water. The measure would for the first time require that “manufactured products”, in addition to the already regulated American iron and steel, be subject to the mandate. Earlier, identical legislation, S. 1094 was introduced by Senators Tammy Baldwin (D-WI) and Mike Braun (R-IN). Both measures hold the potential for inclusion in any final infrastructure package. Specifically, H.R. 2468 identifies federal infrastructure funding programs that do not currently subject projects to Buy America standards and would ensure that these programs require that building materials used in the "taxpayer-funded projects" are produced domestically, including iron and steel materials. The bill directs the U.S. Department of Commerce to certify construction materials are made in America and the manufacturing processes support American jobs. Administration Appointments President Biden has announced he will nominate three new people to fill leadership roles at the U.S. Environmental Protection Agency (USEPA). The nominees include Radhika Fox to be Assistant Administrator for the Office of Water, Michael Freedhoff to lead the Office of Chemical Safety and Pollution Prevention, and Faisal Amin to be the Agency’s chief financial officer. Fox has currently been serving as the Principal Deputy Assistant Administrator for the Office of Water and Freedhoff currently serves as the Principal Deputy Assistant Administrator for the Office of Chemical Safety and Pollution Prevention. Title Water Recycling Investment and Improvement Act Description Water Recycling Investment and Improvement Act This bill makes permanent, and otherwise revises, the Bureau of Reclamation's grant program for the funding of water recycling and reuse projects. Specifically, the bill removes priority under the program for projects in areas that, in the preceding four-year period, have been (1) identified as experiencing severe, extreme, or exceptional drought; or (2) designated as a disaster area by a state. Additionally, the bill increases through FY2025 the authorization of appropriations for the program and otherwise revises provisions related to program funding. Primary Sponsors Grace Napolitano Bill Summary: Last edited by Sarah Sapirstein at Feb 16, 2021, 3:28 PM Increases the authorization level for the Title XVI Program to $500 million from the current $50 million and makes it a permanent program. The bill strikes requirement that projects must be in drought or disaster areas and strikes the requirement that the projects need to be designated in an appropriations legislation. Introduction Date: 2021-02-11 Federal Legislative Report - April 2021 Last Updated: April 26, 2021 Bills by Issue Priority: High (6) State US Bill Number HR 1015 Last Action Introduced In House 2021 02 11 Status In House Position Support Priority High Organizational Notes Last edited by Eric Sapirstein at Feb 25, 2021, 3:03 PM H.R. 1015 would increase the authorization level for the Title XVI Program to $500 million from the current $50 million, and make it a permanent program. The program is set to expire this year if Congress does not reauthorize it. The bill would also strikes the requirement that projects must be in drought or disaster area, strikes the requirement that the projects need to be designated in an appropriations legislation, and increases the limitation on the federal share of individual Title XVI projects from the current $20 million in October 1996 prices to $30 million in January 2019 prices (does not change the 25% federal cost share). H.R. 1015 is a reintroduction of a bill (H.R. 1162) Napolitano introduced in the 116th Congress. CASA supports. #OCSAN CASA Supports #OCSAN Title To amend the Federal Water Pollution Control Act with respect to permitting terms, and for other purposes. Primary Sponsors John Garamendi Bill Summary: Last edited by Sarah Sapirstein at Mar 22, 2021, 9:20 PM Extends the National Pollution Discharge Elimination System (NPDES) permit to up to, but not exceeding, 10 years from the current 5 years, for a municipality. Introduction Date: 2021-03-12 Title To amend the Federal Water Pollution Control Act to reauthorize certain water pollution control programs, and for other purposes. Primary Sponsors Peter DeFazio Bill Summary: Last edited by Sarah Sapirstein at Mar 22, 2021, 9:10 PM Bipartisan legislation would authorize $50 billion in direct infrastructure investment over the next five years to address America’s crumbling wastewater infrastructure and local water quality challenges. It would also significantly increase the amount of Federal assistance made available to States and communities through the successful Clean Water State Revolving Fund (SRF) program. Introduction Date: 2021-03-16 State US Bill Number HR 1881 Last Action Referred To The Subcommittee On Water Resources And Environment 2021 03 15 Status In House Position Monitor Priority High Organizational Notes Last edited by Sarah Sapirstein at Mar 22, 2021, 9:24 PM H.R. 1881 would allow for the term of National Pollution Discharge Elimination System (NPDES) permit issued to a State or municipality to not to exceed 10 years, from the current 5 years. For all other permitees, the NPDES permit would remain at the current 5 year term limit. #OCSAN State US Bill Number HR 1915 Last Action Referred To The Subcommittee On Water Resources And Environment 2021 03 17 Status In House Position Support Priority High Organizational Notes Last edited by Sarah Sapirstein at Apr 19, 2021, 3:51 PM H.R. 1915 is a comprehensive package that would deliver substantial investment opportunities in the clean water sector. Specifically, the bill would authorize the following: authorize Clean Water SRF at $40 billion over five years; authorize an additional $2 billion in grants to municipalities to capture, treat, or reuse stormwater or sewer overflows; authorize $2.5 billion in grants to States to support implementation of States' water pollution control programs; authorize $1 billion to support clean water pilot programs for watershed-based activities that address wet weather discharges, stormwater best practices, and increase climate resiliency; authorize $1 billion for alternative water source projects, including wastewater or stormwater reuse; authorize $1 billion in grants for municipalities to implement PFAS treatment standards; and, authorize $2.5 billion for wastewater infrastructure assistance to support infrastructure needs of Tribal communities #OCSAN Last edited by Sarah Sapirstein at Apr 19, 2021, 3:51 PM CASA Supports #OCSAN Title To require the Administrator of the Environmental Protection Agency to designate per- and polyfluoroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Primary Sponsors Debbie Dingell Bill Summary: Last edited by Sarah Sapirstein at Apr 19, 2021, 4:54 PM Addresses the public health and environmental risks posed by PFAS contamination, including addressing, monitoring, and treating for PFAS contamination in water supplies. Includes directive for USEPA to designate PFOA and PFOS as hazardous substances under CERCLA, also known as Superfund law, within one year after enactment of the bill and within five years determine whether to designate all PFAS substances as hazardous under CERCLA. Also includes other regulatory measures to detect, monitor, and treat for PFAS in water supplies. Introduction Date: 2021-04-13 Labels: PFAS Title To ensure that certain materials used in carrying out Federal infrastructure aid programs are made in the United States, and for other purposes. Primary Sponsors John Garamendi Bill Summary: Last edited by Sarah Sapirstein at Apr 19, 2021, 4:44 PM Bill strengthens Buy American provisions for tax-payer funded infrastructure projects by requiring federal funding programs to require Buy America provisions for construction materials. Introduction Date: 2021-04-13 State US Bill Number HR 2467 Last Action Referred To The Subcommittee On Water Resources And Environment 2021 04 14 Status In House Position Monitor Priority High Organizational Notes Last edited by Sarah Sapirstein at Apr 19, 2021, 4:50 PM This is a reintroduction of the bill Dingell tried to advance last year (H.R. 535), which OC SAN monitored closely due to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) designation for PFAS. H.R. 2467 includes the same CERCLA designation provision that directs U.S. Environmental Protection Agency (USEPA) to designate PFOA and PFOS within 1 year of enactment of the bill and determine whether to designate all PFAS substances as hazardous under CERCLA within 5 years of enactment of the bill. The bill would also do the following if enacted into law: • Direct USEPA to review and determine whether to establish effluent and pretreatment standards for PFAS substances under the Clean Water Act and provide grants assistance to publicly owned treatment works for implementation of developed standards. Grants program would be authorized at $200 million for each of the fiscal years 2022 through 2026. Individual awarded grants are not to exceed $100 thousand. • Establish a national primary drinking water regulation standard for PFOA and PFOS within two years that protects public health, including the health of vulnerable subpopulations. • Establish a PFAS infrastructure grants program for affected community water systems authorized at $125 million for each of the fiscal years 2022-2023 and $100 million for each fiscal years 2024-2026. • Require that EPA to place discharge limits on industrial releases of PFAS and provides $200 million annually for wastewater treatment. #OCSAN State US Bill Number HR 2468 Last Action Referred To The Subcommittee On Coast Guard And Maritime Transportation 2021 04 14 Status In House Position Monitor Priority High Organizational Notes Last edited by Sarah Sapirstein at Apr 19, 2021, 4:41 PM H.R. 2468 identifies federal infrastructure funding programs that do not currently subject projects to Buy America standards and would ensure that these programs require that building materials used in the "taxpayer-funded projects" are produced domestically. This includes iron and steel materials. The bill directs the U.S. Department of Commerce to certify construction materials are made in America and the manufacturing processes support American jobs. #OCSAN Title Drinking Water and Wastewater Infrastructure Act of 2021 Primary Sponsors Tammy Duckworth Bill Summary: Last edited by Sarah Sapirstein at Mar 24, 2021, 6:52 PM A comprehensive bill that contains Senate clean water and drinking water provisions that were dropped out of WRDA 2020 during conference negotiations. S. 914 would invest more than $35 billion in water resource development projects across the country, of which, more than 40% can be directly used to benefit small, disadvantaged, rural, and tribal communities through additional subsidization from the State Revolving Loan Funds or direct grant programs. Introduction Date: 2021-03-23 Labels: Infrastructure Water Quality Water Supply State US Bill Number S 914 Last Action Cloture Motion On The Motion To Proceed To The Measure Presented In Senate Cr S 2151 2021 04 22 Status In Senate Position Monitor Priority High Organizational Notes Last edited by Sarah Sapirstein at Apr 19, 2021, 3:50 PM A comprehensive bill, containing clean water and drinking water policy provisions that failed to be included in last year's WRDA 2020 bill. S. 914 was reported out of the Committee on Environment and Public Works on a bipartisan vote of 20-0. The bill now goes to the Senate floor to be considered by the full Senate. Below are the key clean water provisions. • SRF reauthorized at $14 billion and provides that 10% of assistance reserved for grants and other subsidies to reduce costs. • Wastewater efficiency grant program authorized at $100 million to support waste to energy projects. • Alternative Water Source Act reauthorized providing $125 million to support grants to develop reclamation projects generally under $3 million. • Sewer Overflow and storm water grants program reauthorized at $280 million to address CSO and other overflows. 25% set aside for rural or financially distressed communities. • Resiliency and sustainability grants assistance provided to support utilities address climate and cyber impacts. $125million authorized. • Small system assistance to improve efficiency of small systems (10,000 or less) authorized. No funding level identified. • Workforce development grants program reauthorized at $5 million. • Water Data Sharing program authorized to provide grants to encourage data sharing related to impaired coastal watersheds, water system with high levels of pollution and other circumstances leading to water quality impacts. Multi-state consortia authorized to enhance sharing of data, technologies, and protocols. $65 million in grants authorized to support state and consortia efforts. • WIFIA reauthorized at $50 million per year. Renews the authority of small systems to bundle projects for WIFIA assistance to meet floor for financing assistance. • Study required on the state of small and disadvantaged communities’ historical distribution of funding assistance and ways to improve assistance to such communities. • The Water Reuse Interagency Working Group is created to advance water reuse throughout the country with a focus on federal agencies’ mission and ways to create opportunities for reuse. • Advanced Clean Water Technologies Study directed to ascertain existing and future technologies that could improve the operations of treatment works. #OCSAN Priority: Medium (1) Title Water Affordability, Transparency, Equity, and Reliability Act of 2021 Description Water Affordability, Transparency, Equity, and Reliability Act of 2021 This bill increases funding for water infrastructure, including funding for several programs related to controlling water pollution or protecting drinking water. Specifically, it establishes a Water Affordability, Transparency, Equity, and Reliability Trust Fund. The fund may be used for specified grant programs. The bill increases the corporate income tax rate to 24.5% to provide revenues for the fund. In addition, the bill revises requirements concerning the clean water state revolving fund (SRF) and the drinking water SRF. It also creates or reauthorizes several grant programs for water infrastructure. Primary Sponsors Brenda Lawrence Bill Summary: Last edited by Sarah Sapirstein at Mar 22, 2021, 9:43 PM The Water Affordability, Transparency, Equity, and Reliability (WATER) Act of 2021 is a comprehensive solution that creates a WATER Trust Fund, which dedicates nearly $35 billion towards water infrastructure improvements across the United States. Introduction Date: 2021-02-25 State US Bill Number HR 1352 Last Action Referred To The Subcommittee On Conservation And Forestry 2021 04 05 Status In House Position Monitor Priority Medium Organizational Notes Last edited by Sarah Sapirstein at Mar 22, 2021, 9:45 PM Legislation has support from over 540 national, state, and local organizations. The legislation is a reintroduction from last Congress. #OCSAN Last edited by Sarah Sapirstein at Mar 22, 2021, 9:43 PM H.R. 1352 would provide the following support for water infrastructure: provides $34.85 billion a year to drinking water and wastewater improvements; creates a water trust fund; creates up to nearly 1 million jobs across the economy and protect American workers; prioritizes disadvantaged communities with grants and additional support; expands funding for technical assistance to small, rural, and indigenous communities; funds projects to address water contamination from PFAS; requires US EPA to study water affordability, shutoffs, discrimination, and civil rights violations by water providers; upgrades household wells and septic systems; helps homeowners replace lead service lines; and provides more than $1 billion a year to update water infrastructure in public schools. #OCSAN Priority: None (2) Title CLEAN Future Act Primary Sponsors Frank Pallone Bill Summary: Last edited by Sarah Sapirstein at Mar 22, 2021, 8:54 PM H.R. 1512 is a comprehensive legislative package with the goal of achieving net zero greenhouse gas pollution, combating the climate crisis, putting Americans back to work,and rebuilding our economy. It includes limited drinking water provisions, including establishing PFAS grants program for affected community water systems, authorized at $500 million. The legislation also includes an extensive environmental justice title that supports the policy directives from the Administration that 40% of all future federal funding be delivered to disadvantage and environmental justice communities. Introduction Date: 2021-03-02 State US Bill Number HR 1512 Last Action Referred To The Subcommittee On Highways And Transit 2021 03 03 Status In House Position None Priority None Organizational Notes Last edited by Sarah Sapirstein at Mar 22, 2021, 8:57 PM Establishes a new grants program under USEPA to aid affected community water systems that are impacted by PFAS contamination with the capitol costs associated with implementing remediation technologies. Priority funding will be provided to disadvantage communities. Grants program to be authorized at $500 million for each of the fiscal years 2022-2031. #OCSAN Last edited by Sarah Sapirstein at Mar 22, 2021, 5:50 PM Establishes a grant program to award grants to eligible States to receive grants to construct large-scale composting or anaerobic digestion food waste-to-energy projects. For a State to be eligible it must have a plan to limit quantity of food waste that could be disposed of in a landfill, provide USEPA a written commitment that the State has read and agrees to comply with the Food Recovery Hierarchy of the Environmental Protection Agency, and written end-product recycling plan that provides for the beneficial use of the material resulting from any anaerobic digestion food waste-to-energy operation with respect to which the loan or grant is made. Grants may not be used for an anaerobic digester that solely uses manure as undigested biomass. Grants program authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2031. #OCSAN Title National Climate Bank Act Description National Climate Bank Act This bill establishes and capitalizes a National Climate Bank. The independent, nonprofit bank must invest in clean energy technologies and infrastructure to reduce greenhouse gas emissions. The national bank's investments and procurements division must seek to facilitate affordable investment and procurement, including in low-income communities and communities of color, in key project areas (e.g., renewable energy or climate resiliency measures). The national bank's start-up division must support the creation of new green banks by states or other political subdivisions. The new banks must be public or nonprofit specialized finance entities that use finance tools to mitigate climate change. The national bank may provide financing for such entities. In addition, the bank must explore the establishment of a cash for carbon program to remove greenhouse gas emissions from the power system. The program may use market mechanisms to expedite the retirement of carbon-intensive power generation facilities (e.g., coal-fired power generation facilities), acquire carbon assets for the purpose of reducing emissions, and invest in communities negatively affected by the loss of those facilities or assets. Primary Sponsors Ed Markey Bill Summary: Last edited by Sarah Sapirstein at Feb 16, 2021, 3:29 PM Creates a national climate bank to leverage public and private funds to invest in clean energy technologies and infrastructure. Would allow for up to $884 billion in total investment over 10 years to support financing to eligible regional, state, and local green banks to make investments in the activities and projects that projects that reduce carbon emissions, support workers and communities negatively impacted by climate transition, and provide technical assistance for start up of new green banks. Introduction Date: 2021-02-08 State US Bill Number S 283 Last Action Read Twice And Referred To The Committee On Environment And Public Works 2021 02 08 Status In Senate Position Monitor Priority None Organizational Notes Last edited by Sarah Sapirstein at Feb 16, 2021, 3:29 PM S. 283 creates a national climate bank to leverage public and private funds to invest in clean energy technologies and infrastructure. By leveraging $100 billion in public funds, it will allow for up to $884 billion in total investment over 10 years to support financing to eligible regional, state, and local green banks to make investments in the following types of activities: - projects that reduce carbon emissions - projects that support workers and communities negatively impacted by climate transition - projects that provide technical assistance for start up of new green banks - projects that address climate resiliency measures - projects that address water and energy efficiency, including residential, commercial and industrial efficiency measures Requires that 40% of all investments be directed to disadvantaged communities facing climate impacts. #OCSAN Powered by 1 | P a g e Federal Advocacy Day Recap Report Monday March 29, 2021 Colin Timmerman Legislative Assistant Office of Representative Young Kim Attendees: General Manager Jim Herberg, Chairman Shawver and Vice Chair Withers, Eric Sapirstein- ENS and OC San Staff • General Manager Jim Herberg spoke about the logo change from OCSD to OC San. • He Introduced OC San to the office and provided an overview of OC San to the staff. • Additionally, Mr. Herberg updated Colin on the three projects: o Primary Clarifiers Replacement at Plant No. 2 in Huntington Beach o Headworks Rehabilitation at Plant No. 1 in Fountain Valley o Interim Food Waste Receiving Facility at Plant No. 2 in Huntington Beach • Mr. Herberg spoke about PFAS and the fact that POTWs are passive recipients. • Vice Chair Withers invited the office to take a tour of our facilities (virtual for now). • Chairman Shawver spoke about the importance of infrastructure funding and the need to support funding for wastewater infrastructure in any future congressional infrastructure investment package. • Mr. Herberg also reiterated that funding for infrastructure is important to us and our partners the Orange County Water District. He also stated that we have a lot of shovel ready projects. • Eric Sapirstein of ENS reiterated that we are a resource for Colin Timmerman and Congresswoman Kim. Tuesday, March 30, 2021 Congressman Alan Lowenthal Ngoc Nguyen, Senior Legislative Assistant Attendees: General Manager Jim Herberg, Chairman Shawver and Vice Chair Withers, Eric Sapirstein- ENS and OC San Staff • General Manager Jim Herberg spoke about the logo change from OCSD to OC San. • Mr. Herberg provided an update on OC San to the office. • Mr. Herberg discussed the Groundwater Replenishment System, a joint project with the Orange County Water District and the status of the Final Expansion, which is expected to be complete in 2023 and will provide enough new water for 1 million people in north and central Orange County. • Additionally, Mr. Herberg updated the Congressman on three shovel ready projects: o Primary Clarifiers Replacement at Plant No. 2 in Huntington Beach o Headworks Rehabilitation at Plant No. 1 in Fountain Valley o Interim Food Waste Receiving Facility at Plant No. 2 in Huntington Beach 2 | P a g e • Mr. Herberg talked about future COVID Funding and that we would want to be included for Rate Payer relief if possible. • Mr. Herberg spoke about PFAS and the fact that POTWs are passive recipients. • Mr. Herberg thanked the Congressman for his support on the Break Free from Plastics Legislation and his support of wipes (IE proper labeling etc.) Congressman Lowenthal mentioned that he feels we should not be held responsible for things like the wipes problem and microfibers etc. • Chairman Shawver reiterated the need for infrastructure funding. • Chairman David Shawver spoke about how much the Congressman has done for us and our relationship and thanked him for his support. Tuesday, March 30, 2021 Angela Eibiner, Policy Advisor Office of Senator Alex Padilla Attendees: General Manager Jim Herberg, Chairman Shawver, Vice Chair Withers, Director Jesus Silva, Eric Sapirstein-ENS and OC San Staff • General Manager Jim Herberg spoke about the logo change from OCSD to OC San. • He Introduced OC San to the office and provided an overview of OC San to the staff. • Additionally, Mr. Herberg updated Angela on the three projects: o Primary Clarifiers Replacement at Plant No. 2 in Huntington Beach o Headworks Rehabilitation at Plant No. 1 in Fountain Valley o Interim Food Waste Receiving Facility at Plant No. 2 in Huntington Beach • Chairman Shawver reiterated the need for infrastructure funding including water recycling. • Mr. Herberg spoke about PFAS and the fact that POTWs are passive recipients. • Mr. Herberg talked about future COVID Funding and that we would want to be included in future Rate Payer relief if possible. • Mr. Herberg stated We have continued operating even with COVID and that we receive we receive our fees from property taxes. • LaPA Chairman Silva introduced himself mentioned that we have Disadvantaged Communities (DAC) and possible funding in DACs for PFAS. And thank him for taking on the immigration challenge. • Chairman Shawver discussed the Groundwater Replenishment System, a joint project with the Orange County Water District and the status of the Final Expansion, which is expected to be complete in 2023 and will provide enough new water for 1 million people in north and central Orange County. He also discussed our Ocean Outfall and that we are working to recycle 100 percent of all reclaimable flows. • Mr. Herberg invited Angela to a tour. Jim also discussed microplastics and climate resiliency and the work that OC San is doing to research how they affect the work OC San does. 3 | P a g e • Mr. Herberg discussed the Battery Storage System at Plant No. 1. o Utilizes lithium-ion batteries and reduces power demand during peak demand charges. • Vice Chair Withers and Director Silva introduced themselves and what their roles are on the Board. Wednesday, March 31 Rishi Sahgal, Legislative Assistant/Climate-Change Advise Office of Senator Dianne Feinstein Attendees: General Manager Jim Herberg, Chairman Shawver, Vice Chair Withers, Eric Sapirstein-ENS and OC San Staff • General Manager Jim Herberg spoke about the logo change from OCSD to OC San. • He Introduced OC San to the office and provided an overview of OC San to the staff. • Additionally, Mr. Herberg updated Rishi on the three shovel ready projects: o Primary Clarifiers Replacement at Plant No. 2 in Huntington Beach o Headworks Rehabilitation at Plant No. 1 in Fountain Valley o Interim Food Waste Receiving Facility at Plant No. 2 in Huntington Beach • Mr. Herberg discussed the Groundwater Replenishment System, a joint project with the Orange County Water District and the status of the Final Expansion, which is expected to be complete in 2023 and will provide enough new water for 1 million people in north and central Orange County. • Mr. Herberg spoke about PFAS and the fact that POTWs are passive recipients. He reiterated that passive receivers should not be responsible but the creators/manufacturers of PFAS should be held liable. • Chairman Shawver reiterated that we are a resource. • American Jobs Act : Eric Sapirstein stated that we would like more of commitment for Wastewater as most of the $111 billion is going to Water and not Wastewater. • Chairman Shawver and Mr. Herberg reiterated the need for infrastructure funding including water recycling. Thursday, April 1 Congressman Mike Levin Jonathan Gilbert, Deputy Chief of Staff Attendees: General Manager Jim Herberg, Chairman Shawver, Vice Chair Withers, Eric Sapirstein-ENS and OC San Staff • General Manager Jim Herberg spoke about the logo change from OCSD to OC San. • He Introduced OC San to the office and provided an overview of OC San to the staff. • Additionally, Mr. Herberg updated Congressman Levin on the three shovel ready projects: o Primary Clarifiers Replacement at Plant No. 2 in Huntington Beach o Headworks Rehabilitation at Plant No. 1 in Fountain Valley o Interim Food Waste Receiving Facility at Plant No. 2 in Huntington Beach 4 | P a g e • Mr. Herberg discussed the Climate Resiliency Study. Staff and ENS Resources shared the Climate Resiliency study with the Congressman. • Mr. Herberg discussed the need for infrastructure funding. • The Congressman mentioned Biden’s funding opportunities and the American Jobs Act. • Mr. Sapirstein mentioned - Smart Water Technologies and that he is working with the Congressman’s staffer Johnathon on various opportunities. • Vice Chair Withers conducted a self-introduction to Levin’s staff. • Chairman Shawver reiterated that we have the best and finest and to use OC San as a resource. He also offered a tour of the Plant. Wednesday, April 7 Congressman Lou Correa Laurie Saroff, Chief of Staff Attendees: General Manager Jim Herberg, Chairman Shawver, Vice Chair Withers, Director Jesus Silva, Eric Sapirstein-ENS and OC San Staff • Congressman Correa started with a meet and greet. • Chairman Shawver, Vice Chair Withers and Director Silva conducted self-introduction. • Mr. Herberg discussed the Groundwater Replenishment System, a joint project with the Orange County Water District and the status of the Final Expansion, which is expected to be complete in 2023 and will provide enough new water for 1 million people in north and central Orange County. He also stated that we are working to recycle 100 percent of all reclaimable flows. • Mr. Herberg discussed the Interim Food Waste Receiving Facility at Plant No. 2 in Huntington Beach. • Additionally, Mr. Herberg updated Congressman Correa on the three shovel ready projects: o Primary Clarifiers Replacement at Plant No. 2 in Huntington Beach o Headworks Rehabilitation at Plant No. 1 in Fountain Valley o Interim Food Waste Receiving Facility at Plant No. 2 in Huntington Beach • Mr. Herberg spoke about PFAS and the fact that POTWs are passive recipients. He reiterated that passive receivers should not be responsible but the creators/manufacturers of PFAS should be held liable. • He also mentioned how PFAS can show up in the biosolids. • Mr. Herberg also discussed the regulation of PFAS. • In response to PFAS: Mr. Sapirstein discussed the need for Congressional funding and regulation and reiterated that there needs to be responsibility to the manufacturers and that money for pretreatment is good and needed so Congress does need to provide funding IE Through the Infrastructure Package. • The Congressman asked OC San to reach out to Congresswoman Steel regarding possible infrastructure funding opportunities. State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383 Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215 Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • (949) 399-9050 • Fax (949) 476-8215 Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555 Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030 M E M O R A N D U M To: Orange County Sanitation District From: Townsend Public Affairs Date: April 19, 2021 Subject: Monthly Legislative Report State Legislative Update The Legislature adjourned for Spring recess and returned on Monday, April 5. Over the last several weeks, policy and budget committees have been meeting to hear and advance bills under newly adopted rules due to the pandemic. In March, the Legislature passed and the Governor signed several bills, including SB 95 (Skinner, D-Oakland) to provide workers with access to COVID-19 supplemental paid sick leave through September 30, 2021. The Governor also signed AB 88, an additional budget cleanup bill to the Golden State Stimulus package signed earlier this year which gives the poorest Californians some additional financial relief in light of the ongoing pandemic. Below is a list of upcoming legislative deadlines: April 30: Last day for policy committees to advance fiscal bills May 7: Last day for policy committees to advance non-fiscal bills May 21: Last day for fiscal committees to advance fiscal bills to the floor California Vaccine Eligibility As vaccine supply is expected to continually increase in the coming weeks, last month, the State announced expanding vaccine eligibility to more Californians. Starting April 1, individuals over 50 were eligible to make an appointment to be vaccinated. Starting April 15, all individuals over the age of 16 were eligible to make an appointment. The State expects to be allocated approximately 2.5 million first and second doses per week in the first half of April, and more than 3 million doses in the second half of April. With these anticipated allocation numbers, the end goal is to administer 4 million vaccines on a weekly basis by the end of April. In an effort to vaccinate the State’s hardest hit populations the state has taken the following actions: • Partnered with organizations to vaccinate essential workers • Supported community-based organizations to provide scheduling assistance for appointments 2 • Prioritized currently eligible populations and allowing providers the discretion to vaccinate those who live in high impact areas State Economic Update On March 22, the Governor announced that General Fund revenues are running $14.3 billion above January’s revenue forecast, with receipts for February exceeding the month’s projections by $3.8 billion. The Governor’s office stated that nearly 60 percent of February’s gain can be attributed to timing, including lower refunds caused by the enactment of the $600 one- time payments from the Golden State Stimulus, and fewer state tax refunds due to the delayed federal start to the tax filing season. The Governor highlighted the January Budget proposal and stimulus packages as part of the State’s efforts to properly utilize the increased revenue. As a reminder, the January Budget proposal reflects $34 billion in budget resiliency – budgetary reserves and discretionary surplus – including: $15.6 billion in the Proposition 2 Budget Stabilization Account (Rainy Day Fund) for fiscal emergencies; $3 billion in the Public School System Stabilization Account; an estimated $2.9 billion in the state’s operating reserve; and $450 million in the Safety Net Reserve. The state began the year with an operating surplus of $15 billion. The Budget aims to continue paying down the state’s retirement liabilities and reflects $3 billion in additional payments required by Proposition 2 in 2021-22 and nearly $6.5 billion over the next three years. The Governor also said that the improved revenue picture allows the state to delay $2 billion in scheduled program suspensions for one year. Water Supply Conditions – Drought Returns In April, Department of Water Resources (DWR) officials reported on the water supply conditions of the State in a routine but important snowpack survey. Results from the survey indicated that the snowpack is 59 percent of average for this time of year. This is the second year in a row that snowpack was significantly below average, and reports forecast worsening dry conditions for the State as Summer months approach. Similarly, a U.S. Drought Monitor Report released last week indicated that 91 percent of the State is under drought conditions with 64 percent of the State experiencing “severe” drought. These conditions, coupled with decreasing reservoir levels, could lead to a return of water use restrictions. Earlier this month, DWR adjusted its initial State Water Project allocation down from 10 percent to 5 percent. These allocations are determined based on assumptions and conservative estimations from reservoir storage levels, snowpack, and current hydrology. While this allocation changes monthly, a decrease from 10 to 5 percent demonstrates a trend that could be alarming going into the hottest months of the year. Priority Legislation The below bills have been identified by TPA and OC San staff as priority bills that would have an impact on OC San. AB 59 (Gabriel) - Mitigation Fee Act: fees: notice and timelines (OC San Opposes) AB 59 would repeal Section 66022 of the Government Code, which establishes the 120-day statute of limitations for legal challenges to new or increased connection fees or capacity charges. 3 Under current law, any legal challenges for water and sewer connection fee or capacity charge must be commenced within 120 days after a water or sewer agencies adopts or amends a fee. This bill would change the statute of limitations to begin once the agency actually charges the fee to the ratepayer. AB 59 would also require local agencies that collect fees in excess of the amount needed to provide their specific services to reimburse the ratepayer for that amount as opposed to re- investing that excess into reducing rates. AB 59 would likely result in additional legal challenges to OC San fee schedules and would result in less stable future revenue projections. Status: AB 59 will be a two-year bill and is not expected to be heard in 2021. AB 339 (Lee) – State and local government: open meetings. (OC San Oppose Unless Amended) AB 339 would have required local public agencies to provide the following services: 1. Closed captioning services for live streamed meetings 2. Translation of the agenda packet and call-in instructions into languages spoken by at least 5 percent of the jurisdiction’s population 3. In-person translation services (for public comments and other needs) for languages spoken by at least 5 percent of the jurisdiction’s population AB 339 was recently amended to remove the above provisions and instead requires that local governments make available opportunities to participate in public meetings both remotely and in- person to provide public comment. Furthermore, language was amended to state that meeting agendas and instructions should at a minimum be published in the two most spoken languages other than English within the boundaries of the territory over which the local agency exercises jurisdiction. The bill also states that translation services for public comments should be provided when requested ahead of time from the speaker. Status: AB 339 has been referred to the Assembly Local Government Committee. AB 377 (Rivas) – Water quality: impaired waters (OC San Watch) AB 377 has recently been significantly amended. The bill now requires the State Water Board and Regional Boards to evaluate impaired state surface waters using the most current integrated report, and report to the Legislature a plan to bring all water segments into attainment by January 1, 2050. AB 377 also creates the Waterway Recovery Account in the Waste Discharge Permit Fund. Authorizes funds within the Waterway Recovery Account to be available for the State Water Board to expend, upon appropriation by the Legislature, to bring impaired water segments into attainment. Requires an enforcement action taken pursuant to this bill to result in sufficient penalties, conditions, and orders to ensure the person subject to the enforcement action is no longer causing or contributing to the exceedance in a surface water quality standard in a surface water of the state. 4 Status: AB 377 will be heard in the Assembly Environmental Safety and Toxic Materials Committee on April 21. AB 818 (Bloom) - Solid waste: premoistened nonwoven disposable wipes (OC San Supports) Would require certain premoistened nonwoven disposable wipes manufactured on or after July 1, 2022, to be labeled clearly and conspicuously with the phrase “Do Not Flush” and a related symbol. The bill would prohibit a covered entity from making a representation about the flushable attributes, benefits, performance, or efficacy of those premoistened nonwoven disposable wipes. The bill would establish enforcement provisions, including authorizing a civil penalty not to exceed $2,500 per day, up to a maximum of $100,000 per violation, to be imposed on a covered entity who violates those provisions. Status: AB 818 is a reintroduction of previous CASA sponsored legislation. AB 818 will be heard next in the Assembly Appropriations Committee. SB 45 (Portantino) – Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2022 (OC San Watch) SB 45 would establish a $5.5 billion general obligation bond that would appear on the November 2022 ballot. SB 45 would provide funding for a wide variety of natural resources and climate resilient projects including: wildfire prevention, safe drinking water and water quality, protecting fish, wildlife, and agriculture from Climate risks, and protecting coastal resources. SB 45 is a re-introduction of SB 45 (Allen, 2018). This proposal and conversations around a climate focused bond were put on hold largely due to the COVID-19 pandemic. It is important to note that Governor Newsom’s January budget request did not include a climate/natural resources bond. Status: SB 45 passed the Senate Natural Resources and Water Committee and the Senate Governance and Finance Committee and will be heard next in the Senate Appropriations Committee. OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 59 Gabriel [D]This bill would increase, for fees and service charges and for fees for specified public facilities, the time for mailing the notice of the time and place of the meeting to at least 45 days before the meeting. This bill would also require that all fees collected in excess of the cost of the service provided be refunded to the ratepayer. This bill would also change the statute of limitations for protests filed for disputes of rates, potentially allowing rate disputes to be filed months or years after adoption. Two-Year Bill Oppose Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - Oppose LOCC - Watch CASA - Watch CSDA - Oppose ACWA - Oppose AB 322 Salas [D]Current law requires the Energy Commission, in administering moneys in the Electric Program Investment Charge Fund for research, development, and demonstration programs, to develop and implement the EPIC program for the purpose of awarding funds to projects that may lead to technological advancement and breakthroughs to overcome barriers that prevent the achievement of the state’s statutory energy goals and that may result in a portfolio of projects that are strategically focused and sufficiently narrow to make advancement on the most significant technological challenges. Current law, until January 1, 2023, requires the Energy Commission to expend certain percentages of the moneys appropriated from the fund for technology demonstration and deployment at sites that benefit certain communities. This bill would require the Energy Commission to allocate not less than 20% of the funds appropriated for the EPIC program to bioenergy projects for biomass conversion, as specified. Passed the Assembly Utilities and Energy Committee and will be heard next in the Assembly Natural Resources Committee Watch Legislative and Regulatory Policies: Biosolids and Biogas - Support streamlined legislation, regulations and policies that encourage the procurement of biogas, biosolids, and compost ACC-OC - NYC LOCC - Watch CASA - Support CSDA - NYC ACWA - Favor AB 339 Lee [D]The Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. Under existing law, a member of the legislative body who attends a meeting where action is taken in violation of this provision, with the intent to deprive the public of information that the member knows the public is entitled to, is guilty of a crime.This bill would require all meetings to include an opportunity for members of the public to attend via a telephonic option and an internet-based service option. The bill would require all meetings to include an in-person public comment opportunity, except in specified circumstances during a declared state or local emergency. The bill would require all meetings to provide the public with an opportunity to comment on proposed legislation in person and remotely via a telephonic and an internet-based service option, as provided, and would specify requirements for public comment registration. Recently amended Oppose Unless Ammended Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - Oppose LOCC - Oppose CASA - Watch CSDA - Oppose ACWA - Oppose Proposed Legislation 2021-2022 High Priority OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 361 Rivas [D]Would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting for the purpose of declaring or ratifying a local emergency, during a declared state or local emergency, as those terms are defined, when state or local health officials have imposed or recommended measures to promote social distancing, and during a declared local emergency provided the legislative body makes certain determinations by majority vote. Referred to the Assembly Local Government Committee Support Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Sponsor ACWA - Favor AB 377 Rivas [D]Would require, by January 1, 2023, the State Water Resources Control Board and regional boards to prioritize enforcement of all water quality standard violations that are causing or contributing to an exceedance of a water quality standard in a surface water of the state. The bill would require the state board and regional boards, by January 1, 2025, to evaluate impaired state surface waters and report to the Legislature a plan to bring all water segments into attainment by January 1, 2050. The bill would require the state board and regional boards to update the report with a progress summary to the Legislature every 5 years. The bill would create the Waterway Recovery Account in the Waste Discharge Permit Fund and would make moneys in the Waterway Recovery Account available for the state board to expend, upon appropriation by the Legislature, to bring impaired water segments into attainment in accordance with the plan. Referred to the Assembly Environmental Safety and Toxic Materials Committee Watch Guiding Principles: Oppose redundant regulatory and legislative requirements that cause undue constraints on efficient operations ACC-OC - Oppose LOCC - Oppose CASA - Oppose CSDA - Oppose ACWA - Concerns AB 564 Gonzalez [D]Would establish the Biodiversity Protection and Restoration Act and would provide that it is the policy of the state that all state agencies, boards, and commissions shall utilize their authorities in furtherance of the biodiversity conservation purposes and goals of certain executive orders. The bill would require all state agencies, boards, and commissions to consider and prioritize the protection of biodiversity in carrying out their statutory mandates. The bill would require strategies related to the goal of the state to conserve at least 30% of California’s land and coastal waters by 2030 to be made available to the public and provided to certain legislative committees by no later than June 30, 2022. Referred to the Assembly Water, Parks, and Wildlife Committee as well as the Assembly Accountability and Administrative Review Committee. Watch Guiding Principles: Oppose redundant regulatory and legislative requirements that cause undue constraints on efficient operations ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Watch ACWA - NYC OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 602 Grayson [D]Would, among other things, require, on and after January 1, 2022, a city, county, or special district that conducts an impact fee nexus study to follow specific standards and practices, including, but not limited to, (1) that prior to the adoption of an associated development fee or exaction, an impact fee nexus study be adopted, (2) that the study identify the existing level of service for each assessed impact, identify the proposed new level of service, explain the level of metric being used, and include a finding of why the new level of service is necessary, and (3) that a fee levied or imposed on a housing development project by a local agency be proportionate to the square footage of the proposed unit or units. The bill would also require a city, county, or special district to post a written fee schedule or a link directly to the written fee schedule on its internet website. Passed the Assembly Local Government Committee and will be heard next in the Assembly Housing and Community Development Committee. Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Watch ACWA - NYC AB 622 Friedman [D]Current law, to protect public health and water quality, regulates a broad range of consumer products and processes, including water softeners, water treatment devices, and backflow prevention devices, among others.This bill would require, on or before January 1, 2024, that all washing machines sold as new in California contain a microfiber filtration system with a mesh size of 100 microns or smaller. Currently in the Assembly Environmental Safety and Toxic Materials Committee. Support State Priorities: Support legislation or regulations that restrict the use of microplastics and chemicals of emerging concern in any product that is disposed of through the sewer system. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - NYC ACWA - NYC AB 652 Friedman [D]Would, on and after July 1, 2023, prohibit a person, including a manufacturer, from selling or distributing in commerce in this state any new, not previously owned, juvenile product, as defined, that contains perfluoroalkyl and polyfluoroalkyl substances (PFAS) at a detectable level above an unspecified amount. The bill would establish requirements for manufacturers when replacing PFAS in juvenile products. Currently on the Assembly Floor State Priorities: Monitor state legislation as well as State Water Resources Control Board (SWRCB) regulatory activity related to PFAS. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - NYC ACWA - NYC OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 703 Rubio [D]Current law, by Executive Order N-29-20, suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic, provided that notice requirements are met, the ability of the public to observe and comment is preserved, as specified, and that a local agency permitting teleconferencing have a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified. This bill would remove the requirements of the act particular to teleconferencing and allow for teleconferencing subject to existing provisions regarding the posting of notice of an agenda and the ability of the public to observe the meeting and provide public comment. The bill would require that, in each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the local agency also give notice of the means by which members of the public may observe the meeting and offer public comment and that the legislative body have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act, as provided. Currently in the Assembly Local Government Committee and has not yet been assigned a hearing date. Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Watch ACWA - Support AB 802 Bloom [D]Would require the Water Resources Control Board to identify the best available control technology for filtering microfibers from an industrial, institutional, or commercial laundry facility on or before an unspecified date, and would require the state board to consult with owners and operators of laundry facilities on the types of filtration systems currently in use and with universities, scientific organizations, and experts on plastic pollution in identifying the best available control technology. The bill would also require, on or before an unspecified date, any entity that operates an industrial, institutional, or commercial laundry facility to adopt the use of the best available control technology to capture microfibers that are shed during washing. Currently in the Assembly Environmental Safety and Toxic Materials Committee. Watch State Priorities: Support legislation or regulations that restrict the use of microplastics and chemicals of emerging concern in any product that is disposed of through the sewer system. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - NYC ACWA - Favor AB 818 Bloom [D]Would require, except as provided, certain premoistened nonwoven disposable wipes manufactured on or after July 1, 2022, to be labeled clearly and conspicuously with the phrase “Do Not Flush” and a related symbol, as specified. The bill would prohibit a covered entity, as defined, from making a representation about the flushable attributes, benefits, performance, or efficacy of those premoistened nonwoven disposable wipes, as provided. The bill would establish enforcement provisions, including authorizing a civil penalty not to exceed $2,500 per day, up to a maximum of $100,000 per violation, to be imposed on a covered entity who violates those provisions. Currently in the Assembly Appropriations Committee Support Legislative and Regulatory Policies: Source Control - Support legislation that regulates the disposal of flushable wipes. ACC-OC - NYC LOCC - Support CASA - Sponsor CSDA - Support ACWA - Support OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 1001 C. Garcia [D]Would require the California Environmental Protection Agency, on or before May 1, 2022, to publish, maintain, and update a list of overburdened communities, as defined. The bill would, on or after July 1, 2022, require a permitting agency to take certain actions for an application for a new environmental permit, as defined, or the renewal of an environmental permit for a facility located in an overburdened community. The bill would require a permit applicant to prepare an environmental justice impact statement, to conduct a public hearing in the overburdened community, and to transmit the environmental justice impact statement to the permitting agency. Currently in the Assembly Natural Resources Committee Watch Legislative and Regulatory Policies: Air Quality - Support measures that maintain and enhance local decision-making authority, where appropriate, in the development and implementation of air quality attainment strategies. ACC-OC - NYC LOCC - Watch CASA - Concerns CSDA - NYC ACWA - NYC AB 1200 Ting [D]Would prohibit, beginning January 1, 2022, any person from distributing, selling, or offering for sale in the state any food packaging that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances or PFAS, as defined. The bill would define “food packaging,” in part, to mean a nondurable package, packaging component, or food service ware that is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers. Currently on the Assembly Floor Watch State Priorities: Monitor state legislation as well as State Water Resources Control Board (SWRCB) regulatory activity related to PFAS. ACC-OC - NYC LOCC - Watch CASA - Support CSDA - Watch ACWA - NYC AB 1271 Ting [D]Current law, beginning January 1, 2021, imposes a penalty for violation of specified surplus land provisions after a local agency receives the notification from the Department of Housing and Community Development and a penalty for subsequent violations. Current law authorizes specified entities or persons to bring an action against a local agency to enforce the provisions related to surplus land and allows a local agency 60 days to cure or correct an alleged violation before the action may be brought, except as specified. This bill would provide that these surplus land provisions do not preclude a local agency that purchases surplus land from a disposing agency from reconveying the surplus land to a nonprofit or for-profit housing developer for development of low- and moderate-income housing as authorized under other provisions of law. Currently in the Assembly Housing and Community Development Committee and has not yet been assigned a hearing date. Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Watch CASA - Oppose CSDA - Watch ACWA - NYC AB 1296 Kamlager [D]Curent law establishes the South Coast Air Quality Management District as the district with the responsibility for controlling air pollution from sources other than vehicular sources in the South Coast Air Basin. Current law establishes a district board consisting of 13 members to govern the south coast district. Current law requires one member of the district board to be appointed by the Senate Committee on Rules and one member to be appointed by the Speaker of the Assembly. This bill would increase the number of members of the district board of the south coast district to 15 members by adding 2 environmental justice appointees, one appointed by the Senate Committee on Rules and one appointed by the Speaker of the Assembly. Currently in the Assembly Natural Resources Committee and has not been assigned a hearing date Watch Legislative and Regulatory Policies: Air Quality - Support measures that maintain and enhance local decision-making authority, where appropriate, in the development and implementation of air quality attainment strategies. ACC-OC - NYC LOCC - Watch CASA - NYC CSDA - Watch ACWA - NYC OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 1434 Friedman [D]Would establish, beginning January 1, 2023, until January 1, 2025, the standard for indoor residential water use as 48 gallons per capita daily. The bill would establish, beginning January 1, 2025, the standard as 44 gallons per capita daily and, beginning January 1, 2030, 40 gallons per capita daily. The bill would eliminate the requirement that the department, in coordination with the state board, conduct necessary studies and investigations and jointly recommend to the Legislature a standard for indoor residential water use. Currently in the Assembly Water, Parks, and Wildlife Committee and will be heard on April 26. Watch Legislative and Regulatory Policies: Water Quality and Supply - Support legislation and regulation that promote improved water use efficiency through state assistance in evaluating and implementing new programs and technologies and increasing public awareness of water use efficiency ACC-OC - NYC LOCC - Watch CASA - Opposed CSDA - Opposed ACWA - Oppose AB 1500 E. Garcia [D]Would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2022, which, if approved by the voters, would authorize the issuance of bonds in the amount of $6,700,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, and workforce development programs. Passed the Assembly Water, Parks, and Wildlife Committee and will be heard in the Assembly Natural Resources Committee. Watch Guiding Principles: Seek funds for OC San projects through grants, appropriations, or other means ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Support if Amended ACWA - Support if Amended SB 45 Portantino [D]Would enact the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2022, which, if approved by the voters, would authorize the issuance of bonds in the amount of $5,510,000,000 pursuant to the State General Obligation Bond Law to finance projects for a wildfire prevention, safe drinking water, drought preparation, and flood protection program. Includes $100 million. Currently in the Senate Appropriations Committee Watch Guiding Principles: Seek funds for OC San projects through grants, appropriations, or other means ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Support if Amended ACWA - Support if Amended SB 54 Allen [D]Would establish the Plastic Pollution Producer Responsibility Act, which would prohibit producers of single-use, disposable packaging or single- use, disposable food service ware products from offering for sale, selling, distributing, or importing in or into the state such packaging or products that are manufactured on or after January 1, 2032, unless they are recyclable or compostable. Currently in the Senate Environmental Quality Committee and will be heard on April 26. Watch State Priorities: Support legislation or regulations that restrict the use of microplastics in any product that is disposed of through the sewer system. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Watch ACWA - NYC OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 95 Skinner Would provide for COVID-19 supplemental paid sick leave for covered employees, as defined, who are unable to work or telework due to certain reasons related to COVID-19, including that the employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. The bill would entitle a covered employee to 80 hours of COVID-19 supplemental paid sick leave if that employee either works full time or was scheduled to work, on average, at least 40 hours per week for the employer in the 2 weeks preceding the date the covered employee took COVID-19 supplemental paid sick leave. The bill would provide a different calculation for supplemental paid sick leave for a covered employee who is a firefighter subject to certain work schedule requirements and for a covered employee working fewer or variable hours, as specified. Signed into law Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Oppose ACWA - NYC SB 230 Portantino [D]Would require the State Water Resources Control Board to establish, maintain, and direct an ongoing, dedicated program called the Constituents of Emerging Concern Program to assess the state of information and recommend areas for further study on, among other things, the occurrence of constituents of emerging concern (CEC) in drinking water sources and treated drinking water. The bill would require the state board to convene, by an unspecified date, the Science Advisory Panel to review and provide recommendations to the state board on CEC for further action, among other duties. The bill would require the state board to provide an annual report to the Legislature on the ongoing work conducted by the panel. Two-Year Bill Watch State Priorities: Monitor state legislation as well as State Water Resources Control Board (SWRCB) regulatory activity related to PFAS. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Support ACWA - Favor SB 273 Hertzberg [D]SB 273 would authorize municipal wastewater agencies to enter into voluntary agreements with entities responsible for stormwater management – including municipal, industrial, and commercial stormwater dischargers – to more effectively manage stormwater and dry weather runoff. Currently in the Senate Appropriations Committee Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Watch CASA - Co- sponsor CSDA - Support ACWA - Favor OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 274 Wieckowski [D]The Ralph M. Brown Act, requires meetings of the legislative body of a local agency to be open and public and also requires regular and special meetings of the legislative body to be held within the boundaries of the territory over which the local agency exercises jurisdiction, with specified exceptions. Current law authorizes a person to request that a copy of an agenda, or a copy of all the documents constituting the agenda packet, of any meeting of a legislative body be mailed to that person. This bill would require a local agency with an internet website, or its designee, to email a copy of, or website link to, the agenda or a copy of all the documents constituting the agenda packet if the person requests that the items be delivered by email. If a local agency determines it to be technologically infeasible to send a copy of the documents or a link to a website that contains the documents by mail or by other electronic means, the bill would require the legislative body or its designee to send by mail a copy of the agenda or a website link to the agenda and to mail a copy of all other documents constituting the agenda packet, as specified. Currently in the Senate Appropriations Committee Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Watch ACWA - Favor SB 323 Caballero [D]Current law prohibits a local agency from imposing fees for specified purposes, including fees for water or sewer connections, as defined, that exceed the estimated reasonable cost of providing the service for which the fee is charged, unless voter approval is obtained. Current law provides that a local agency levying a new a water or sewer connection fee or increasing a fee must do so by ordinance or resolution. Current law requires, for specified fees, including water or sewer connection fees, any judicial action or proceeding to attack, review, set aside, void, or annul an ordinance, resolution, or motion adopting a new fee or service charge or modifying an existing fee or service charge to be commenced within 120 days of the effective date of the ordinance, resolution, or motion according to specified procedures for validation proceedings. This bill would apply the same judicial action procedure and timelines, as stated above, to ordinances, resolutions, or motions adopting, modifying, or amending water or sewer service fees or charges adopted after January 1, 2022, except as provided. Passed the Senate Governance and Finance Committee and is currently in the Senate Judiciary Committee Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Support CASA - Watch CSDA - Support ACWA - Sponsor SB 342 Gonzalez [D]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, consisting of 13 members. This bill would add 2 members to the district board, appointed by the Senate Committee on Rules and the Speaker of the Assembly. The bill would require the 2 additional members to reside in and work directly with communities in the South Coast Air Basin that are disproportionately burdened by and vulnerable to high levels of pollution and issues of environmental justice. Currently in the Senate Governance and Finance Committee Watch OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 351 Caballero [D]Current law establishes the State Water Resources Control Board for the purposes of providing for the orderly and efficient administration of the water resources of the state. This bill, the Water Innovation Act of 2021, would create the Office of Water Innovation at the California Water Commission for the furtherance of new technologies and other innovative approaches in the water sector. The bill would require the office, by December 31, 2023, to take specified measures to advance innovation in the water sector. The bill would make findings and declarations regarding the need for water innovation. Currently in the Senate Appropriations Committee Watch Legislative and Regulatory Policies: Biosolids and Biogas - Support streamlined legislation, regulations and policies that encourage the procurement of biogas, biosolids, and compost ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Support ACWA - Favor SB 695 Ochoa Bogh [R]Would prohibit a local agency from imposing a housing impact requirement adopted by the local agency on a housing development project, as defined, unless specified requirements are satisfied by the local agency, including that the local agency prepare and adopt a nexus study, as specified. The bill, for purposes of these provisions, defines “housing impact requirement” as a fee imposed under the Mitigation Fee Act, dedications of parkland or in-lieu fees imposed under the Quimby Act, or a construction excise tax.This bill would require a local agency to adopt a nexus study that is used to demonstrate compliance with these provisions, subject to specified public participation requirements.This bill would prohibit a housing impact requirement from exceeding the amount necessary to maintain the existing level of service identified in the nexus study for the type of capital facility for which the housing impact requirement is imposed. Currently in the Senate Governance and Finance Committee and has not yet been assinged a hearing date. Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Watch CASA - Oppose CSDA - Watch ACWA - NYC SB 791 Cortese [D]Would, upon appropriation by the Legislature, establish the California Surplus Land Authority with the primary purpose of facilitating the development and construction of residential housing on state and local surplus property, as defined. In this regard, the bill would authorize the authority to, among other things, provide advice, technical assistance, and consultative and technical service to local agencies with surplus land and developers that seek to develop housing on the surplus land; raise, administer, and allocate funding to facilitate the development of residential housing on surplus land; assist developers and local agencies in becoming more attractive applicants for financing through financial instruments, including credit enhancements, letters of credit, insurance, and guarantees; and enter into joint ventures with local agencies and developers to develop and manage housing developments on surplus land. Currently in the Senate Housing Committee and will be heard on April 29 Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Watch CASA - Oppose CSDA - No Position ACWA - NYC Legend: ACC-OC - Association of California Cities, Orange County LOCC - League of California Cities NYC - Not Yet Considered CASA - California Association of Sanitation Agencies ACWA - Association of California Water Agencies CSDA - California Special Districts Association OC San's Grant and Loan Funding Tracker 2021-2022 Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount Applying for Applying Y/N Project/Program Reason Match Deadline Category Rcvd Grant/ Financing Y/N Organics Grant Program The Organics Grant Program is part of California Climate Investments, a statewide program that puts billions of cap-and-trade dollars to work reducing greenhouse gas emissions, strengthening the economy, and improving public health and the environment - particularly in disadvantaged and/or low-income communities. The Cap- and-Trade program also creates a financial incentive for industries to invest in clean technologies and develop innovative ways to reduce pollution. California Climate Investments projects include affordable housing, renewable energy, public transportation, zero-emission vehicles, environmental restoration, more sustainable agriculture, recycling, and much more. At least 35 percent of these investments are made in disadvantaged and low-income communities. TBD if FY 2021 Grant Applications will be available TBD TBD Food-Waste Co-Digestion facility at Plant No.2 in Huntington Beach to accept up to 150 wet tons per day (wtpd) of pre- processed source separated organics. We will review the possible funding opportunity to determine if it is a fit for the Sanitation District. TBD TBD Energy/Recycling No CalOES Grant- Community Power Resiliency Allocation to Special Districts Program The purpose of the Community Power Resiliency Allocation to Special Districts Program is to support California special districts with additional preparedness measures in response to power outage events. Of the $50 million overall appropriation for Community Power Resiliency funding, $20 million has been reserved for special district needs. $300,000 $300,000 No Portable Generators We did not meet the requirements of the grant.NA 10/30/2020 Renewable energy No Integrated Regional Water Management (IRWM) Grant Program The Proposition 1 IRWM Grant Program, administered by DWR, provides funding for projects that help meet the long term water needs of the state, including: Assisting water infrastructure systems adapt to climate change; Providing incentives throughout each watershed to collaborate in managing the region's water resources and setting regional priorities for water infrastructure TBD NA No NA TPA and OCSD are monitoring the grant program development from the Santa Ana Watershed Project Authority (SAWPA). Currently, Round 2 has yet to be announced. TPA and OCSD will continue to watch this. OC IRWM expected to receive $7.5 million total, in 2022. 50%NA. Will return in 2021/2022 for Round 2 Water No The Water Infrastructure Improvements Act (WIIN) The Title XVI Water Reclamation and Reuse Projects funding opportunity allows for sponsors of water reclamation and reuse projects that are congressionally authorized or are eligible under section 4009(c) of the WIIN Act to request cost-shared funding for planning, design and/or construction of those Projects. Water reclamation and reuse projects provide improved efficiency, flexibility during water shortages and diversifies the water supply. Reclamation is making up to $20 million available for those projects authorized under the WIIN Act. $20 million Pending FOA Final Expansion of GWRS Headworks (P2-122) The Sanitation District developed a proposal for last year that could be used as a basis for a new submittal. $20mm or 25% of project costs whichever is less. 6/28/2019 Water/ Infrastructure Pending FOA FEMA Funding The President’s Memo changed the federal reimbursement amount for previously approved projects from the beginning of the disaster to January 20, 2021. It did not change the eligibility. All work eligible under FEMA’s existing COVID-19 policies, including increasing medical capacity, non-congregate sheltering, and emergency feeding distribution will be reimbursed at 100 percent federal share. For projects that have already been approved, FEMA will amend the existing awards to adjust the federal funding amounts. No action will be required by the applicants. TBD $260,000 (at this time)Yes COVID - 19 Funding We are working with the local agency CAL OES on the funding eligibility.N/A TBD Infrastructure TBD STATE FEDERAL Updated 4/22/2021 OC San's Grant and Loan Funding Tracker 2021-2022 Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount Applying for Applying Y/N Project/Program Reason Match Deadline Category Rcvd Grant/ Financing Y/N WaterSMART Grants: Small-Scale Water Efficiency Projects Purpose: To support projects that conserve and use water more efficiently; mitigate conflict risk in areas at a high risk of future water conflict; and accomplish other benefits that contribute to water supply reliability in the western United States. Total Funding Available: $3 million NA No-not qualified Project Request - Planning Study Plant and Reclaimed Water They do not fund studies within the parameters of the grant. Cost-Share: 50% or more of total project costs. 3/15/2021 Water/ Infrastructure No Stormwater and CSO Grant Program In addition, the President’s directive allows FEMA to expand the activities eligible for reimbursement for work conducted after Jan. 21, 2021 and until Sept. 30, 2021. Funding cost-share is not identified in the law TBD TBD. We will monitor for possible funding opportunities/A TBD FY 2020 - $28 million Yes Anticipate by July 2020 Water/ Infrastructure USEPA published allocation formula with deadline for public comments 9/3/2020. Expect formal allocation to State within next two months. The Department of Energy (DOE), USBR and USEPA The DOE’s Office of Energy Efficiency is likely to continue to be funded by Congress to support such efforts as biogas, biosolids and green energy. Through the WaterSmart program, USBR will issue solicitations for innovative approaches to managing water and water treatment through technology and processes for FY 2020 - $60 million TBD TBD. We will monitor for possible funding opportunities Project Funding Opportunity: Energy production to reduce costs of recycled water through innovative technologies. Innovative water monitoring technology that can produce efficient real time monitoring and data analysis, Biogas Management and Use Improvements. We will review the possible funding opportunity to determine if it is a fit for the Sanitation District. N/A TBD Energy/Water/Infrastructure TBD USEPA Climate Resiliency TBD TBD TBD Anticipate that USEPA will issue FOA's to promote studies and plans to address resiliency needs and strategies We will review the possible funding opportunity to determine if it is a fit for the Sanitation District. Unclear TBD Climate TBD Community Partnering Program Grant Metropolitan Water District The primary focus of the Community Partnering Program (CPP) is sponsorship of water conservation and water-use efficiency programs and activities. Applications must be submitted 30 days prior to the start date of the event or program. Requests for a maximum $2,000 award will be reviewed year-round and funds are awarded throughout the year. Funds are limited, however, and may be depleted prior to the ending of this fiscal year (June 30). $2,000 Yes For Plant No. 1 Signage Applied Match ongoing Education Yes Mass Timber Competition CalGovOps The California Government Operations Agency (GovOps) will award $500,000 in grants as part of the statewide California Mass Timber Building Competition. Grants will be awarded to selected proponent teams presenting viable and repeatable mass timber solutions for commercial and multi-family projects in California. The competition is being hosted by GovOps and administered by WoodWorks – Wood Products Council. $40,000 Yes Headquarters Building Applied No 03/18/19 Environment Yes Other Updated 4/22/2021 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1615 Agenda Date:5/10/2021 Agenda Item No:3. FROM:James D. Herberg, General Manager SUBJECT: PUBLIC AFFAIRS UPDATE FOR THE MONTH OF APRIL 2021 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the month of April 2021. BACKGROUND Staff will provide an update on recent public affairs activities. RELEVANT STANDARDS ·Maintain influential legislative advocacy and a public outreach program ·Build brand, trust, and support with policy makers and community leaders ·Maintain collaborative and cooperative relationships with regulators,stakeholders,and neighboring communities ·Listen to and seriously consider community input on environmental concerns PROBLEM The Orange County Sanitation District (OC San)is well-recognized within the water/wastewater industry;however,within our service area there is limited knowledge by our customers of the important work we do to protect public health and the environment.In general,the customers we serve do not realize that when they improperly dispose of waste into the sanitation system,it can negatively affect our sewer lines,our treatment plants,and the quality of water we supply to the Groundwater Replenishment System. PROPOSED SOLUTION By providing tours,community outreach,education,and general communication via OC San’s website,social media outlets,and direct mailings,we can educate the community,local agencies, and businesses on our messaging such as the What2Flush program,energy production,water recycling,biosolids,and our source control program.This,in turn,helps improve the quality of wastewater that is recycled or released to the ocean. Orange County Sanitation District Printed on 5/3/2021Page 1 of 2 powered by Legistar™ File #:2021-1615 Agenda Date:5/10/2021 Agenda Item No:3. RAMIFICATIONS OF NOT TAKING ACTION If we do not educate the community,local agencies,and area businesses about OC San,we may not have the support necessary to deliver our mission. ADDITIONAL INFORMATION - ACTIVITIES FOR THE MONTH OF APRIL 2021 Virtual Tours Due to the COVID-19 pandemic,in-person Plant tours are temporarily suspended.To continue engaging with the community and stakeholders,staff conducts virtual tours of the Plant which allows participants an opportunity to remotely visit OC San and learn how we protect public health and the environment. For this reporting period, three virtual tours were held. “A Resource Not a Waste” Video Contest OC San launched a video contest for 6th-12th grade students in the OC San service area.The contest provides students with an opportunity to put their video making skills to work by creating a video that highlights wastewater as a valuable resource.The contest was shared with schools in the service area,past tour attendees,and our member agencies so they can help us promote the contest. The contest closed on April 30; winners will be announced in June. Youth Environmental Summit (YES) As environmental stewards,OC San participated in the YES Summit hosted by the Orange County Water District.The virtual event featured a mix of live,on-demand,and grab-and-go activities.OC San submitted a 20-minute prerecorded video created by staff,highlighting what to flush and the no wipes in the pipes campaign.The event attracted more than 7,000 third,fourth,and fifth grade teachers and students from Orange County. OC San Programs Draw Attention OC San was recently featured in two water publications for two programs that are setting us apart in the world of resiliency.“Water World Magazine”published a write up on the seismic evaluation assessment highlighting the importance of being proactive with protecting a service that is essential to the public.OC San’s Asset Management Program was also recognized in the Orange County Water Association (OCWA)newsletter (article in Attachments)for its level of detail and foresight in planning and safeguarding critical assets. Presentations This month,staff presented to the Anaheim Kiwanis Club providing an overview of OC San and an update on the Newhope-Placentia Sewer Project. ATTACHMENTS The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Outreach and Media Summary Report April 2021 ·OCWA Newsletter Article Orange County Sanitation District Printed on 5/3/2021Page 2 of 2 powered by Legistar™ Outreach and Media Summary March- April 2021 O C SAN P u b l i c A f f a i r s O f f i c e Table of Contents OUTREACH REPORT…………………………………………………………PAGE 1 FACEBOOK POSTINGS ……………………………………………...............PAGE 2 TWITTER POSTINGS …………………………………………………………PAGE 7 INSTAGRAM POSTINGS………………………………………………………PAGE 9 LINKEDIN POSTINGS………………………………………………………...PAGE 11 NEWS ARTICLES……………………………………………………………………………. PAGE 15 Outreach Report April 2021 Date Tours Attendees Tour Guide 04/7/2021 Irvine Virtual Tour 2 Jim Herberg 04/20/2021 Cypress City College 19 Pegah Behravan 04/22/2021 Servite High School 38 Dickie Fernandez Date Speaking Engagements/Events Attendees Presenter 03/30/2021 CWEA Women in Water 150 Violet Renick 04/22/2021 Anaheim Kiwanis Club 14 Daisy Covarrubias 04/19-04/22 YES Conference 6000 Dawn Myers, Cortney Light, Matthew Hirsch Project Area Construction Outreach Notifications # of People Reached Website Posts and Text Alerts Anaheim/Fullerton 4 notifications 8300 3 website posts / 2 text alerts Newport Beach 1 notification 550 1 website post FV/HB/CM 1 notification (newsletter) 1450 Westminster 2 website posts / 3 text alerts External Communications Distribution # of People Reached 5 Minutes Per Month 1 315 Board Member Talking Points 1 25 Website Posts 12 posts 55 views Facebook 27 posts 4.5k people Twitter 33 tweets 11k people Instagram 18 posts 712 likes LinkedIn 8 posts 85 people 1 Facebook Posts March- April 2021 2 3 4 Graphs of Page Likes, Post Reach and Total Views for March - April 2021 5 6 Twitter Posts March- April 2021 7 8 Instagram Posts March- April 2021 9 10 LinkedIn Posts March- April 2021 11 12 13 14 Article Date Resource Link The Role of Asset Management 28-Mar-21 CA Water Orange County Water Association - 03- 2021 OC San's Asset Management (ocwater.org) CMSD Launches Virtual Citizens Environmental Protection Academy April 22 28-Mar-21 LA Times Daily Pilot https://www.latimes.com/socal/daily- pilot/news/story/2021-03-26/around-town- laguna-playhouse-laguna-beach-pride-365- partner-importance-of-being-ernest OC Sanitation District Video Contest - A Resource is Not a Waste 3-Apr-21 City of Placentia http://placentia.org/CivicAlerts.aspx?AID=8 13 Wastewater Has the Best Green Jobs Workers Don’t Know About 7-Apr-21 Governing.com https://www.governing.com/work/Wastew ater-Has-the-Best-Green-Jobs-Workers- Dont-Know-About.html Seismic Evaluation 13-Apr-21 Water World https://www.waterworld.com/water-utility- management/article/14199568/seismic- evaluation Orange businessman indicted for dumping toxins into sewer for 3 years 15-Apr-21 OC Register https://www.ocregister.com/2021/04/15/ orange-businessman-indicted-for-dumping- toxins-into-sewer-for-3-years/ LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1621 Agenda Date:5/10/2021 Agenda Item No:4. FROM:James D. Herberg, General Manager SUBJECT: OPPOSE ASSEMBLY BILL 1434 (FRIEDMAN) GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Oppose Assembly Bill 1434 - Urban Water Use Objectives: Indoor Residential Water Use (Friedman). BACKGROUND Assembly Bill (AB)1434 proposes to incrementally lower the indoor water use standards to 40 gallons per capita daily starting in 2030.This indoor water use standard is not based on substantial findings or studies.Lower wastewater flows can result in a higher wastewater strength which can impact our treatment facilities.In the sewer system,lower flows result in lower velocity and require more sewer cleaning to prevent settled solids from causing blockages or odors. In order for the Groundwater Replenishment System (GWRS)to operate at full capacity,the Orange County Sanitation District (OC San)needs to continue to collect and process existing levels of flow from wastewater sources.Reducing the water consumption of this region without appropriate data, research, or science, could have contrary effects to the efforts of the GWRS. AB 1434 is opposed by organizations including: Amador Water Agency Association of California Water Agencies California Association of Sanitation Agencies California Municipal Utilities Association California Special Districts Association California Water Association Calleguas Municipal Water District Camrosa Water District Community Water Systems Alliance Desert Water Agency East Orange County Water District East Valley Water District Eastern Municipal Water District El Dorado Irrigation District Orange County Sanitation District Printed on 5/3/2021Page 1 of 3 powered by Legistar™ File #:2021-1621 Agenda Date:5/10/2021 Agenda Item No:4. Elsinore Valley Municipal Water District Florin Resource Conservation District/elk Grove Water District Grizzly Flats Community Services District Helix Water District Indian Wells Valley Water District Irvine Ranch Water District Laguna Beach County Water District Lakewood, City of Las Virgenes - Triunfo Joint Powers Authority Los Angeles County Sanitation Districts Mesa Water District Monte Vista Water District Municipal Water District of Orange County Olivenhain Municipal Water District Orange County Water District Rancho California Water District Regional Water Authority San Diego County Water Authority San Juan Water District Santa Margarita Water District Scotts Valley Water District Shasta Lake, City of Southern California Water Coalition Three Valleys Municipal Water District Vista Irrigation District Walnut Valley Water District WateReuse California RELEVANT STANDARDS ·Maintain influential legislative advocacy and a public outreach program ·Build brand, trust, and support with policy makers and community leaders ·Maintain collaborative and cooperative relationships with regulators,stakeholders,and neighboring communities PROBLEM It is important to have a strong advocacy program to ensure that the needs of OC San and the entire industry are highly regarded and protected. PROPOSED SOLUTION Staff has drafted the following position letter for the Committee’s consideration: ·AB 1434 (Friedman) - Oppose Orange County Sanitation District Printed on 5/3/2021Page 2 of 3 powered by Legistar™ File #:2021-1621 Agenda Date:5/10/2021 Agenda Item No:4. TIMING CONCERNS It is important that OC San has a voice and is seen as a leader on the issues that could have an effect on OC San and the entire wastewater industry. RAMIFICATIONS OF NOT TAKING ACTION OC San’s position could not be heard and not taken into consideration;therefore,legislation could pass and have a negative effect on OC San and the entire industry. ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Letter of Opposition for Assembly Bill 1434 ·Assembly Bill 1434 Orange County Sanitation District Printed on 5/3/2021Page 3 of 3 powered by Legistar™ May 10, 2021 The Honorable Laura Friedman California State Assembly State Capitol, Room 6011 Sacramento, CA 95814 RE: Orange County Sanitation District Opposes AB 1434 (Friedman) Dear Assembly Member Friedman: The Orange County Sanitation District (OC San) unfortunately opposes your Assembly Bill 1434 related to indoor water use standards established by your previous Bill AB 1668 (Friedman, 2018). OC San provides wastewater collection, treatment, and recycling for approximately 2.6 million people in central and northwest Orange County, CA. OC San’s primary mission is to protect public health and the environment through its services. AB 1434 proposes to incrementally lower the indoor water use standards to 40 gallons per capita daily (GPCD) starting in 2030. This indoor water use standard is not based on any substantial findings or studies that have been made available that research measurable, attainable, and viable water use standards. Furthermore, this topic has been recently discussed and debated in 2018 through a very public and transparent process in the Legislature, which eventually led to many in the water community supporting the new indoor water use standards in 2018. This bill seems like an attempt to go back on the previous deals that were struck with various opposition stakeholders, the water community, and the Legislature. OC San has worked in partnership with the Orange County Water District (OCWD) to fund and operate the Groundwater Replenishment System (GWRS), which works to purify and reuse most of the wastewater being received by OC San. That water is then pumped back into the groundwater basin to be re-used as potable drinking water at a later time. In order for the GWRS to operate at full capacity, OC San needs to continue to see existing levels of flow from wastewater sources. Reducing the water consumption of this region without appropriate data, research, or science, could have contrary effects to the efforts of the GWRS. AB 1434 does not address, incentivize, or give credit to those jurisdictions such as OC San and OCWD that are recycling their water from various sources including indoor water use for drinking water. OC San has a robust Capital Improvement Program. During the next 10 years, we plan to invest nearly $3 billion to maintain and upgrade our infrastructure at both our Plants in Huntington Beach and Fountain Valley as well as our collections system throughout our service area in Orange County, CA. As well intended as AB 1434 is, reduced wastewater flows could limit the ability to flush the collection system line which will increase stagnation of wastewater in the pipeline, increase corrosion and odors and will result in a higher wastewater strength which can have unintended consequences and impact the treatment facilities. Wastewater treatment is a biological process with demand for oxygenation, and physical processes and chemical usage related to solids concentration of the wastewater. While wastewater flows may decrease, the treatment demands remain the same or may become more difficult to control. Potential regulations for more nutrient removal will result in higher operation and maintenance costs. Page Two These provisions are concerning for OC San’s planning of future critical infrastructure projects, as a consistent expectation of the wastewater flow into OC San treatment plants are vital data points that drive investments and innovations. This is a short-sighted one-size-fits-all proposal that does not take into account those places of the State, such as Orange County, that are functionally more advanced and progressive than a simple water conservation standard. For these reasons, the Orange County Sanitation District is opposed to AB 1434. Please do not hesitate to contact Jennifer Cabral, OC San’s Administration Manager at (714) 593-7581 or via email at jcabral@ocsan.gov should you have any questions. Sincerely, David John Shawver Board Chairman cc: Orange County Legislative Delegation Orange County Water District AMENDED IN ASSEMBLY APRIL 19, 2021 california legislature—2021–22 regular session ASSEMBLY BILL No. 1434 Introduced by Assembly Member Friedman February 19, 2021 An act to amend Section 10609.4 of the Water Code, relating to water. legislative counsel’s digest AB 1434, as amended, Friedman. Urban water use objectives: indoor residential water use. Existing law requires the Department of Water Resources, in coordination with the State Water Resources Control Board, and in including collaboration with and input from stakeholders, to conduct necessary studies and investigations and authorizes the department and the board to jointly recommend to the Legislature a standard for indoor residential water use. Existing law, until January 1, 2025, establishes 55 gallons per capita daily as the standard for indoor residential water use. Existing law establishes, beginning January 1, 2025, 52.5 gallons per capita daily and, beginning January 1, 2030, 50 gallons per capita daily, as the standards for indoor residential water use, unless the department and the board recommend more appropriate standards for indoor residential water use. This bill would establish, beginning January 1, 2023, until January 1, 2025, the standard for indoor residential water use as 48 gallons per capita daily. The bill would establish, beginning January 1, 2025, the standard as 44 gallons per capita daily and, beginning January 1, 2030, 40 gallons per capita daily. The bill would eliminate the requirement that the department, in coordination with the state board, conduct 98 necessary studies and investigations and jointly recommend to the Legislature a standard for indoor residential water use. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: no.​ The people of the State of California do enact as follows: line 1 SECTION 1. Section 10609.4 of the Water Code is amended line 2 to read: line 3 10609.4. (a)  (1)  Beginning January 1, 2023, and until January line 4 1, 2025, the standard for indoor residential water use shall be 48 line 5 gallons per capita daily. line 6 (b) line 7 (2)  Beginning January 1, 2025, and until January 1, 2030, the line 8 standard for indoor residential water use shall be 44 gallons per line 9 capita daily. line 10 (c) line 11 (3)  Beginning January 1, 2030, the standard for indoor line 12 residential water use shall be 40 gallons per capita daily. line 13 (b)  (1)  The department, in coordination with the board, shall line 14 conduct necessary studies and investigations and may jointly line 15 recommend to the Legislature a standard for indoor residential line 16 water use that more appropriately reflects best practices for indoor line 17 residential water use than the standard described in subdivision line 18 (a). A report on the results of the studies and investigations shall line 19 be made to the chairpersons of the relevant policy committees of line 20 each house of the Legislature by January 1, 2021, and shall include line 21 information necessary to support the recommended standard, if line 22 there is one. The studies and investigations shall also include an line 23 analysis of the benefits and impacts of how the changing standard line 24 for indoor residential water use will impact water and wastewater line 25 management, including potable water usage, wastewater, recycling line 26 and reuse systems, infrastructure, operations, and supplies. line 27 (2)  The studies, investigations, and report described in line 28 paragraph (1) shall include collaboration with, and input from, a line 29 broad group of stakeholders, including, but not limited to, line 30 environmental groups, experts in indoor plumbing, and water, line 31 wastewater, and recycled water agencies. O 98 — 2 — AB 1434 ORANGE COUNTY SANITATION DISTRICT COMMON ACRONYMS ACWA Association of California Water Agencies LOS Level Of Service RFP Request For Proposal APWA American Public Works Association MGD Million Gallons Per Day RWQCB Regional Water Quality Control Board AQMD Air Quality Management District MOU Memorandum of Understanding SARFPA Santa Ana River Flood Protection Agency ASCE American Society of Civil Engineers NACWA National Association of Clean Water Agencies SARI Santa Ana River Interceptor BOD Biochemical Oxygen Demand NEPA National Environmental Policy Act SARWQCB Santa Ana Regional Water Quality Control Board CARB California Air Resources Board NGOs Non-Governmental Organizations SAWPA Santa Ana Watershed Project Authority CASA California Association of Sanitation Agencies NPDES National Pollutant Discharge Elimination System SCADA Supervisory Control And Data Acquisition CCTV Closed Circuit Television NWRI National Water Research Institute SCAP Southern California Alliance of Publicly Owned Treatment Works CEQA California Environmental Quality Act O & M Operations & Maintenance SCAQMD South Coast Air Quality Management District CIP Capital Improvement Program OCCOG Orange County Council of Governments SOCWA South Orange County Wastewater Authority CRWQCB California Regional Water Quality Control Board OCHCA Orange County Health Care Agency SRF Clean Water State Revolving Fund CWA Clean Water Act OCSD Orange County Sanitation District SSMP Sewer System Management Plan CWEA California Water Environment Association OCWD Orange County Water District SSO Sanitary Sewer Overflow EIR Environmental Impact Report OOBS Ocean Outfall Booster Station SWRCB State Water Resources Control Board EMT Executive Management Team OSHA Occupational Safety and Health Administration TDS Total Dissolved Solids EPA US Environmental Protection Agency PCSA Professional Consultant/Construction Services Agreement TMDL Total Maximum Daily Load FOG Fats, Oils, and Grease PDSA Professional Design Services Agreement TSS Total Suspended Solids gpd gallons per day PFAS Per- and Polyfluoroalkyl Substances WDR Waste Discharge Requirements GWRS Groundwater Replenishment System PFOA Perfluorooctanoic Acid WEF Water Environment Federation ICS Incident Command System PFOS Perfluorooctanesulfonic Acid WERF Water Environment & Reuse Foundation IERP Integrated Emergency Response Plan POTW Publicly Owned Treatment Works WIFIA Water Infrastructure Finance and Innovation Act JPA Joint Powers Authority ppm parts per million WIIN Water Infrastructure Improvements for the Nation Act LAFCO Local Agency Formation Commission PSA Professional Services Agreement WRDA Water Resources Development Act ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS ACTIVATED SLUDGE PROCESS – A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater. BENTHOS – The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone. BIOCHEMICAL OXYGEN DEMAND (BOD) – The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. BIOGAS – A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. BIOSOLIDS – Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farmland or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. CAPITAL IMPROVEMENT PROGRAM (CIP) – Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. COLIFORM BACTERIA – A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. COLLECTIONS SYSTEM – In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. CERTIFICATE OF PARTICIPATION (COP) – A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. CONTAMINANTS OF POTENTIAL CONCERN (CPC) – Pharmaceuticals, hormones, and other organic wastewater contaminants. DILUTION TO THRESHOLD (D/T) – The dilution at which the majority of people detect the odor becomes the D/T for that air sample. GREENHOUSE GASES (GHG) – In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming (“greenhouse effect”). GROUNDWATER REPLENISHMENT SYSTEM (GWRS) – A joint water reclamation project that proactively responds to Southern California’s current and future water needs. This joint project between the Orange County Water District and OCSD provides 70 million gallons per day of drinking quality water to replenish the local groundwater supply. LEVEL OF SERVICE (LOS) – Goals to support environmental and public expectations for performance. N-NITROSODIMETHYLAMINE (NDMA) – A N-nitrosamine suspected cancer-causing agent. It has been found in the GWRS process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. NATIONAL BIOSOLIDS PARTNERSHIP (NBP) – An alliance of the NACWA and WEF, with advisory support from the EPA. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) – A large group (over 6,000) of human-made compounds that are resistant to heat, water, and oil and used for a variety of applications including firefighting foam, stain and water-resistant clothing, cosmetics, and food packaging. Two PFAS compounds, perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) have been the focus of increasing regulatory scrutiny in drinking water and may result in adverse health effects including developmental effects to fetuses during pregnancy, cancer, liver damage, immunosuppression, thyroid effects, and other effects. PERFLUOROOCTANOIC ACID (PFOA) – An ingredient for several industrial applications including carpeting, upholstery, apparel, floor wax, textiles, sealants, food packaging, and cookware (Teflon). PERFLUOROOCTANESULFONIC ACID (PFOS) – A key ingredient in Scotchgard, a fabric protector made by 3M, and used in numerous stain repellents. PLUME – A visible or measurable concentration of discharge from a stationary source or fixed facility. PUBLICLY OWNED TREATMENT WORKS (POTW) – A municipal wastewater treatment plant. SANTA ANA RIVER INTERCEPTOR (SARI) LINE – A regional brine line designed to convey 30 million gallons per day of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. SANITARY SEWER – Separate sewer systems specifically for the carrying of domestic and industrial wastewater. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) – Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. SECONDARY TREATMENT – Biological wastewater treatment, particularly the activated sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. SLUDGE – Untreated solid material created by the treatment of wastewater. TOTAL SUSPENDED SOLIDS (TSS) – The amount of solids floating and in suspension in wastewater. ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS TRICKLING FILTER – A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. URBAN RUNOFF – Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. WASTEWATER – Any water that enters the sanitary sewer. WATERSHED – A land area from which water drains to a particular water body. OCSD’s service area is in the Santa Ana River Watershed.