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HomeMy WebLinkAbout11-08-2021 Legislative Committee Meeting Complete Agenda PacketORANGE COUNTY SANITATION DISTRICT SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS Governor Newsom signed Assembly Bill (AB) 361 on September 16, 2021, which, in part, addresses the conduct of public meetings in light of the continued State of Emergency order. Effective October 1, 2021, AB 361 suspends the requirements located in California Government Code, Section 54953, Subdivision (b), Paragraph (3) specifically pertaining to the conduct of public meetings. As such, the Orange County Sanitation District (OC San) Board of Directors has determined that due to the size of OC San’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. OC San offers several ways in which to interact during meetings. You will find information as to these opportunities below. ONLINE MEETING PARTICIPATION You may join the meeting live via Teams on your computer or similar device or web browser by using the link below: Click here to join the meeting We suggest testing joining a Teams meeting on your device prior to the commencement of the meeting. For recommendations, general guidance on using Teams, and instructions on joining a Teams meeting, please click here. Please mute yourself upon entry to the meeting. Please raise your hand if you wish to speak during the public comment section of the meeting. The Clerk of the Board will call upon you by using the name you joined with. Meeting attendees are not provided the ability to make a presentation during the meeting. Please contact the Clerk of the Board at least 48 hours prior to the meeting if you wish to present any items. Additionally, camera feeds may be controlled by the meeting moderator to avoid inappropriate content. OC ~SAN ORANGE COUNTY SANITATION DISTRICT HOW TO PARTICIPATE IN THE MEETING BY TELEPHONE To join the meeting from your phone: Dial (213) 279-1455 When prompted, enter the Phone Conference ID: 728 002 095# All meeting participants may be muted during the meeting to alleviate background noise. If you are muted, please use *6 to unmute. You may also mute yourself on your device. Please raise your hand to speak by use *5, during the public comment section of the meeting. The Clerk of the Board will call upon you by using the last 4 digits of your phone number as identification. NOTE: All attendees will be disconnected from the meeting at the beginning of Closed Session. If you would like to return to the Open Session portion of the meeting, please login or dial-in to the Teams meeting again and wait in the Lobby for admittance. VIEW THE MEETING ONLINE ONLY The meeting will be available for online viewing only at: https://ocsd.legistar.com/Calendar.aspx HOW TO SUBMIT A COMMENT You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please raise your hand as described above or alert the Clerk of the Board before or during the public comment period. You may also submit your comments and questions in writing for consideration in advance of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to OCSanClerk@ocsan.gov with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”. You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for the duration of the meeting. All written public comments will be provided to the legislative body and may be read into the record or compiled as part of the record. TECHNICAL SUPPORT PRIOR TO AND DURING MEETINGS For technical assistance before and during the meeting, please call 714-593-7431. For any other questions and/or concerns, please contact the Clerk of the Board’s office at 714-593-7433. Thank you, in advance, for your patience in working with these technologies. We appreciate your interest in OC San! November 1, 2021 NOTICE OF MEETING LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE ORANGE COUNTY SANITATION DISTRICT Monday, November 8, 2021 – 4:30 P.M. ACCESSIBILITY FOR THE GENERAL PUBLIC Your participation is always welcome. Specific information as to how to participate in this meeting is detailed in the Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during meetings: you may join the meeting live via Teams on your computer or similar device or web browser, join the meeting live via telephone, view the meeting online, and/or submit comments for consideration before or during the meeting. 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, November 8, 2021 at 4:30 p.m. 0 ~SAN 10844 Ellis Avenue Fountain Valley, CA 92708 714.962.2411 ORANGE COUNTY SANITATION DISTRICT www.ocsan.gov Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving: Anaheim Brea Buena Park Cypress Fountain Valley Fullerton Garden Grove Huntington Beach Irvine La Habra La Palma Los Alamitos Newport Beach Orange Placentia Santa Ana Seal Beach Stanton Tustin Villa Park County of Orange Costa Mesa Sanitary District Midway City Sanitary District Irvine Ranch Water District Yorba Linda Water District LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE MEETING DATES BOARD MEETING DATES 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 Monday 05/09/22 4:30 p.m. 05/25/22 JUNE – DARK 06/22/22 Monday 07/11/22 4:00 p.m. 07/27/22 AUGUST – DARK 08/24/22 Monday 09/12/22 4:30 p.m. 09/21/22 OCTOBER – DARK 10/26/22 * Meeting will be held on the third Wednesday of the month ROLL CALL LEGISLATIVE & PUBLIC AFFAIRS COMMITTEE Meeting Date: November 8, 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 John Withers, Board Chair Chad Wanke, 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 7/13/2021 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 Paulo Morales 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, November 8, 2021 - 4:30 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 AGENDA POSTING: In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted outside the main gate of the Sanitation District’s Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District’s website at www.ocsan.gov 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@ocsan.gov at least 14 days before the meeting. FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT: General Manager: Jim Herberg, jherberg@ocsan.gov / (714) 593-7300 Asst. General Manager: Lorenzo Tyner, ltyner@ocsan.gov / (714) 593-7550 Asst. General Manager: Rob Thompson, rthompson@ocsan.gov / (714) 593-7310 Director of Human Resources: Celia Chandler, cchandler@ocsan.gov / (714) 593-7202 Director of Engineering: Kathy Millea, kmillea@ocsan.gov / (714) 593-7365 Director of Environmental Services: Lan Wiborg, lwiborg@ocsan.gov / (714) 593-7450 OC ~SAN ORANGE COUNTY SANITATION DISTRICT LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Regular Meeting Agenda Monday, November 8, 2021 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL AND DECLARATION OF QUORUM: Clerk of the Board PUBLIC COMMENTS: Your participation is always welcome. Specific information as to how to participate in a meeting is detailed in the Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during meetings: you may join the meeting live via Teams on your computer or similar device or web browser, join the meeting live via telephone, view the meeting online, and/or submit comments for consideration before or during the meeting. You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please raise your hand (directions provided in the Special Notice attached to this agenda) or alert the Clerk of the Board before or during the public comment period. You may submit your comments and questions in writing for consideration in advance of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to OCSanClerk@ocsan.gov with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”. You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for the duration of the meeting. All written public comments will be provided to the legislative body 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. 1.2021-1938APPROVAL OF MINUTES RECOMMENDATION: Approve Minutes of the Regular Meeting of the Legislative and Public Affairs Committee held September 13, 2021. Originator:Kelly Lore Page 1 of 3 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Regular Meeting Agenda Monday, November 8, 2021 Agenda Report 09-13-2021 LaPA Committee Minutes Attachments: NON-CONSENT: 2.2021-1885DRAFT 2022 LEGISLATIVE AND REGULATORY PLAN RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the draft Orange County Sanitation District 2022 Legislative and Regulatory Plan. Originator:Jim Herberg Agenda Report 2022 Draft Legislative & Regulatory Plan Presentation - Legislative & Regulatory Plan Attachments: 3.2021-1899LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF SEPTEMBER/OCTOBER 2021 RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the months of September and October 2021. Originator:Jim Herberg Agenda Report ENS Legislative Update Federal Legislative Matrix - ENS TPA Legislative Update State Legislative Matrix - TPA Grant Matrix 2021-2022 Presentation - ENS Update Presentation - TPA Update Attachments: 4.2021-1935PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF SEPTEMBER AND OCTOBER 2021 RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the months of September and October 2021. Originator:Jim Herberg Page 2 of 3 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Regular Meeting Agenda Monday, November 8, 2021 Agenda Report Outreach Report September and October 2021 Presentation - Public Affairs Update Attachments: INFORMATION ITEMS: None. DEPARTMENT HEAD REPORTS: CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: At this time Directors may request staff to place an item on a future agenda. ADJOURNMENT: Adjourn the meeting until the Regular Meeting of the Legislative and Public Affairs Committee on February 7, 2022 at 4:30p.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 #:2021-1938 Agenda Date:11/8/2021 Agenda Item No:1. FROM:James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: APPROVAL OF MINUTES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Approve Minutes of the Regular Meeting of the Legislative and Public Affairs Committee held September 13, 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 LaPA Committee meeting held September 13, 2021 Orange County Sanitation District Printed on 11/1/2021Page 1 of 1 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT Orange County Sanitation District Minutes for the LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Monday, September 13, 2021 4:30 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 CALL TO ORDER A regular meeting of the Legislative and Public Affairs Committee of the Orange County Sanitation District was called to order by Committee Chair Jesus J. Silva on Monday, September 13, 2021 at 4:31 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, Anthony Kuo, Andrew Nguyen, Chad Wanke and John Withers ABSENT:Kim Carr STAFF PRESENT: Brian Engeln was 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; Lan Wiborg, Director of Environmental Services; Kelly Lore, Clerk of the Board; Jennifer Cabral; Mortimer Caparas; Tanya Chong; Daisy Covarrubias; Tina Knapp; Rebecca Long; Tom Meregillano; Kelly Newell; and Thomas Vu were in attendance telephonically. OTHERS PRESENT: Brad Hogin, General Counsel; Eric Sapirstein, ENS Resources (ENS); Cori Takkinen,Townsend Public Affairs (TPA); Yarib Dheming and Erin Foster, Inside the Outdoors were in attendance telephonically. PUBLIC COMMENTS: None. REPORTS: Chair Silva did not provide a report. General Manager Jim Herberg provided an update on the status of the Interim Food Waste Receiving Facility project, providing a brief overview of the project and progress made to date on the project and recap of related legislation. Page 1 of 4 OC ~SAN ORANGE COUNTY SANITATION DISTRICT LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Minutes September 13, 2021 CONSENT CALENDAR: 1.APPROVAL OF MINUTES 2021-1835 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Special Meeting of the Legislative and Public Affairs Committee held July 12, 2021. AYES:Jesus Silva, Marshall Goodman, Anthony Kuo, Andrew Nguyen and John Withers NOES:None ABSENT:Kim Carr and Chad Wanke ABSTENTIONS:None INFORMATION ITEMS: 2.INSIDE THE OUTDOORS YEAR END RECAP 2021-1797 Originator: Jim Herberg Administration Manager Jennifer Cabral introduced Yarib Dheming and Erin Foster from Inside the Outdoors who provided an overview of the OC San Inside the Outdoors program for fiscal year 2020-2021. ITEM RECEIVED AS: Information Only. NON-CONSENT: 3.STRATEGIC PLAN ORGANIZATIONAL ADVOCACY AND OUTREACH POLICY 2021-1824 Originator: Jim Herberg Ms. Cabral provided a PowerPoint presentation that provided information about the policy, initiatives of the policy, and next steps. ITEM RECEIVED AS: Information Only. Board Vice-Chair Wanke arrived at the meeting at approximately 5:15 p.m. Board Chair Withers departed the meeting at approximately 5:20 p.m. Page 2 of 4 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Minutes September 13, 2021 4.PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF JULY AND AUGUST 2021 2021-1827 Originator: Jim Herberg Principal Public Affairs Specialist Daisy Covarrubias provided a PowerPoint presentation that reviewed Public Affairs activity in July and August 2021 including an overview of what was done, what is being worked on, and awards received. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the months of July and August 2021. AYES:Jesus Silva, Marshall Goodman, Anthony Kuo, Andrew Nguyen and Chad Wanke NOES:None ABSENT:Kim Carr and John Withers ABSTENTIONS:None 5.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF JULY/AUGUST 2021 2021-1798 Originator: Jim Herberg Senior Public Affairs Specialist Rebecca Long introduced Eric Sapirstein, ENS, who provided a presentation reviewing current issues including the Senate Infrastructure Bill, "Soft" Infrastructure Bill, FY 2022 appropriations, and an update on legislation pertaining to PFAS/PFOA. Cori Takkinen, TPA, provided a PowerPoint presentation that provided information on the legislative calendar; 2021-2022 trailer bill status and State budget update - water and sanitation; AB 361 (Rivas); AB 818 (Bloom); and a review of bill status for AB 59 (Gabriel), AB 339 (Lee), AB 622 (Friedman), and AB 1434 (Friedman). MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of July and August 2021. AYES:Jesus Silva, Marshall Goodman, Anthony Kuo, Andrew Nguyen and Chad Wanke NOES:None ABSENT:Kim Carr and John Withers ABSTENTIONS:None DEPARTMENT HEAD REPORTS: None. Page 3 of 4 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Minutes September 13, 2021 CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Silva declared the meeting adjourned at 5:54 p.m. to the next Regular Legislative and Public Affairs Committee meeting to be held on Monday, November 8, 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 #:2021-1885 Agenda Date:11/8/2021 Agenda Item No:2. FROM:James D. Herberg, General Manager SUBJECT: DRAFT 2022 LEGISLATIVE AND REGULATORY PLAN GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the draft Orange County Sanitation District 2022 Legislative and Regulatory Plan. BACKGROUND Each year, the Board of Directors adopts a legislative and regulatory plan, which is a summary of the Orange County Sanitation District’s (OC San) goals, key issues, and policy positions. The legislative and regulatory policies in this document were developed taking into consideration agency priorities, the wastewater industry, OC San’s member agencies, and policy needs. These Board-approved policies serve as OC San’s official positions of support or opposition on issues of importance to the agency. The legislative and regulatory plan is a dynamic document, adopted annually and is modified to meet the needs of OC San as federal, state, and local policymaking agendas change throughout the year. 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 Review the draft 2022 Legislative and Regulatory Plan, which will go to the Board of Directors in December. Advise staff 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,Orange County Sanitation District Printed on 11/1/2021Page 1 of 2 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT File #:2021-1885 Agenda Date:11/8/2021 Agenda Item No:2. 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 meetings/lobby trips with D.C. and Sacramento representatives. ADDITIONAL INFORMATION N/A ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Draft OC San 2022 Legislative and Regulatory Plan ·Presentation Orange County Sanitation District Printed on 11/1/2021Page 2 of 2 powered by Legistar™ F 2022 Legislative and Regulatory Plan OC ~SAN ORANGE COUNTY SANITATION DISTRICT OC San 2022 Legislative & Regulatory Plan 2 January 2022 Table of Contents  Legislative and Regulatory Team  Introduction  Procedure for Taking Positions  Guiding Priorities  Federal and State Priorities  Appendix Legislative & Regulatory Affairs Team OC San Legislative Advocacy Team Rebecca Long Senior Public Affairs Specialist (714) 593-7444 rlong@ocsan.gov Kelly Newell Public Affairs Specialist (714) 593-7102 knewell@ocsan.gov Jennifer Cabral Administration Manager (714) 593-7581 jcabral@ocsan.gov Jim Herberg General Manager (714) 593-7110 jherberg@ocsan.gov Federal Advocacy Team Eric Sapirstein ENS Resources (202) 466-3755 esap@ensresources.com Sarah Sapirstein ENS Resources (202) 466-3755 ssap@ensresources.com David French ENS Resources (202) 466-3755 dfrench@ensresources.com State Advocacy Team Cori Takkinen Townsend Public Affairs (949) 399-9050 ctakkinen@TownsendPA.com Eric O’Donnell Townsend Public Affairs (949) 399-9050 eodonnell@TownsendPA.com Christopher Townsend Townsend Public Affairs (949) 399-9050 ctownsend@TownsendPA.com OC San Regulatory Advocacy Team Tom Meregillano, Environmental Compliance Supervisor (714) 593-7457 tmeregillano@ocsan.gov Lan Wiborg, Director of Environmental Services (714) 593-7450 lwiborg@ocsan.gov OC San 2022 Legislative & Regulatory Plan 3 January 2022 Legislative Public Affairs Committee Jesus Silva Chairman Marshall Goodman Vice-Chairman Kim Carr Member-At-Large Anthony Kuo Member-At-Large Andrew Nguyen Member-At-Large John Withers Board Chairman Chad Wanke Board Vice-Chairman Introduction The Orange County Sanitation District (OC San) recognizes the need for an active local, state and federal legislative and regulatory advocacy program to ensure that the interests of the ratepayers and the Board of Directors (Board) are protected and supported. The legislative and regulatory team actively engages, pursues, and monitors activities in California and Washington, D.C. and takes appropriate action in support of or opposition to legislative and regulatory initiatives. Each year, the Board of Directors adopts a Legislative and Regulatory Plan , which is a summary of OC San’s goals, key issues, and policy positions. The legislative and regulatory policies in this document were developed taking into consideration OC San’s priorities, the wastewater industry and policy needs. These Board-approved policies serve as OC San’s official positions of support or opposition on issues of importance to the agency. The Legislative and Regulatory Plan is a dynamic document, adopted annually and is modified to meet the needs of OC San as federal, state, and local policymaking agendas change throughout the year. The legislative and regulatory team, in conjunction with the Board, may take appropriate action consistent with the Legislative and Regulatory Plan , including, but not limited to, drafting position letters, advocating to legislators and their staff, and proposing and/or commenting on legislation and regulations. Procedure for Taking Positions 1. Staff will track bills and proposed regulations of greatest interest to OC San, particularly those that fall within the goals and objectives identified by the Board and included in this plan. Staff will monitor bills and proposed regulations being watched by similar agencies within our region (Los Angeles County Sanitation Districts, South Orange County Water Authority, Orange County Water District, Irvine Ranch Water District, Municipal Water District of Orange County, etc.) as well as state, federal and national associations such as California Association of Sanitation Agencies (CASA), Southern California Alliance of Publicly Owned Treatment Works (SCAP), California Special Districts Association (CSDA), Association of California Water Agencies (ACWA), Association of California Cities Orange County (ACC-OC), League of California Cities (LOCC), and National Association of Clean Water Agencies (NACWA). 2. For those bills and proposed regulations that are being tracked and where there is clear policy direction stated in the Board-adopted Legislative and Regulatory Plan , Public Affairs and Regulatory staff can send letters to legislators and regulators and give direction to the lobbyists to advocate that position. OC San 2022 Legislative & Regulatory Plan 4 January 2022 3. When Regulatory Affairs is deciding to issue a comment letter on proposed regulations, they first review the Board approved criteria established in the Legislative and Regulatory plan. If the proposed position meets the established criteria, then the Regulatory Affairs team will work with OC San’s member associations including but not limited to Southern California Alliance of Publicly Owned Treatment Works (SCAP), California Association of Sanitation Agencies (CASA), and National Association of Clean Water Agencies (NACWA). When appropriate, the member association(s) will take the lead and advocate on our behalf. Otherwise, a comment letter will be submitted from OC San directly. This will be decided by both the Regulatory Affairs team with input from the Public Affairs Office. Additionally, the Regulatory Affairs team will work directly with OC San’s Administration Manager and other manager’s as appropriate when crafting an official comment letter. 4. When an issue is not urgent, all legislative letters will be hand-signed by the Board Chairman or Vice- Chairman. If a matter is urgent, staff may use the electronic signature, so long as a clear policy direction exists, and the General Manager or Designee approves the letter. 5. When a bill does not fall within the scope of the Legislative and Regulatory Plan or is a controversial issue, staff will seek direction from the Legislative and Public Affairs Committee. 6. If a bill does not fall within the scope of the Legislative and Regulatory Plan , but the Association of California Cities Orange County (ACCOC), the California Association of Sanitation Agencies (CASA), the California Special Districts Association (CSDA) or the National Association of Clean Water Agencies (NACWA) has adopted a position, staff may follow this position but must inform the Legislative and Public Affairs Committee of such action at the next regularly scheduled meeting. Guiding Priorities  Oppose redundant regulatory and legislative requirements that cause undue constraints on efficient operations;  Support legislative regulatory streamlining that promotes affordability, public health, and the environment;  Maintain local control over governance of special districts and other local entities; and  Obtain financial assistance for OC San projects through grants, loans, and legislative directed funding. Federal Priorities  Funding/Finance o Advocate for national infrastructure program that includes wastewater infrastructure needs. o Advocate for robust federal water infrastructure funding of existing programs in addition to national infrastructure initiative, including State Revolving Fund, Water Infrastructure Finance and Innovation Act (WIFIA), Smart Water Infrastructure Grants, and Water Recycling. Additionally, advocate for federal support assistance for workforce training. o Secure competitive and direct federal grants assistance in support of green infrastructure, renewable energy, biosolids management, and water and organic management recycling projects assistance. o Monitor and obtain federal grants for funding of traditional wastewater treatment needs, alternative renewable energy, bioenergy, water recycling, biosolids beneficial use, and beach protection. o Support development of infrastructure policies and legislation that will close funding gaps and encourage direct grants assistance in support of projects and programs addressing resiliency needs that protect the OC San investments from natural disasters.  OC San 2022 Legislative & Regulatory Plan 5 January 2022 o Work with U.S. Department of Energy and EPA to identify and support efforts to secure funding assistance for the OC San’s energy-water nexus project demonstrations such as super critical water oxidation and/or future biosolids/biogas projects. o Support legislation, policies and regulations that offer to provide below market bonding rate assistance to construct treatment facilities, including credit assistance, Build America Bonds, Municipal Facility Assistance and infrastructure banks. Focus should include modernizing wastewater treatment facilities including energy and water use efficiency as well as sustainable energy recovery technologies, core infrastructure assistance related wastewater treatment, funding of final stage of water recycling needs, and related demonstration of evolving technologies to address brine line needs. o Secure federal support of OC San’s capital project needs to aid in the budget decision making process for the coming fiscal year. o Promote restoration of federal deductibility of state and local tax payments and oppose elimination or restriction on the use or availability of tax-exempt financing for public infrastructure. o Support maximum funding in annual federal appropriations for the Clean Water Act State Revolving Fund (CWSRF).  o Support legislation to revise the SRF allocation formula to allow for appropriate and fair share of funding to California consistent with United States EPA study (20 percent increase in share). o Support removal of private activity Bond State Volume Cap as part of national infrastructure initiative on water and wastewater facilities to allow for innovative financing approaches.  Innovative Technology o Work with Congress and United States Environmental Protection Agency (EPA) to enhance the WaterSense Program to increase the use of energy and water use efficient technologies at OC San while protecting against treatment cost increases related to program rulemaking. o Work with Congress to authorize and fund direct assistance to support innovative technology adoption.  Contaminants of Emerging Concern o Work with Congress to advance federal assistance to support the treatment of forever chemicals and to protect public agencies from liability for per- and polylfluoroalkyl acids (PFAS) presence in biosolids and wastewater. o Provide that any funding regime be derived from the manufacturers of PFAS chemicals to provide federal grants and low-interest loans to agencies impacted. o Oppose regulations or legislation that would address PFAS as a class of constituents. o Oppose designation of PFAS as hazardous substances under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). o Secure liability exemption for wastewater agencies if PFAS or other “forever” chemicals defined as a hazardous substance under CERCLA or are regulated as a class.Work with the EPA on emerging regulatory issues of concern including integrated planning, method development, monitoring effluent limitations and guidelines, and contaminants of emerging concern including, but not limited to, PFAS and microplastics.  NPDES/Permitting o Work with Administration and Congress to advance commonsense permitting processes including ten-year National Pollutant Discharge Elimination System (NPDES) permits and programmatic permits issued by USEPA and the U.S. Army Corps of Engineers to reduce ratepayer costs. Any authority to issue efficient permitting solutions should not impose new requirements or burdens on permittees. o Support streamlining the Clean Water Act permitting processes.  OC San 2022 Legislative & Regulatory Plan 6 January 2022   Environment/Climate Resiliency o Work with OC San’s congressional delegation and administration officials to advance funding of resiliency needs, including impacts associated with sea level rise, climate change, natural disasters such as wild fires that could affect our utility grid and cause power outages. Also, seismic events, drought and general resiliency planning that would support OC San’s water recycling, conservation, and other resiliency projects.   Source Control o Support legislation to label wipes as non-flushable/non-dispersible.  o Advocate for federal policies that minimize regulatory burdens imposed upon communities and public agencies that seek to adopt programs for the giveback of pharmaceuticals that will result in the reduction of disposal of pharmaceuticals through wastewater treatment facilities. Additionally, OC San will advocate for federal funding of programs currently authorized that support the development of pharmaceutical management programs including education. State Priorities  Funding/Finance o Secure funding through grants and legislation for infrastructure, collection improvements, and alternative renewable energy at the Fountain Valley, Plant No. 1 and Huntington Beach, Plant No. 2. o Promote a regional distribution/statewide equity approach to the disbursement of State Revolving Fund monies. o Oppose legislation or any regulations that would mandate volumetric pricing of wastewater. o Actively protect the allocation of local property taxes to special districts in the state budget process. o Monitor legislation that affects capacity and connection fees for accessory dwelling units or single family residences. o Support legislation that would encourage or develop bulk energy storage facilities as well as legislation that would provide funding for long-term energy storage. o Obtain funding for projects that meet the State’s goals of expanded water supply, energy reduction, and renewable energy implementation. o Where appropriate, obtain State funding for critical aging infrastructure, through funding sources made available through any agency including but not limited to the SWRCB and the Department of Water Resources. o Support funding through grants and legislation for a Food Waste/Organic Co-Digestion facility. o Monitor pension reform legislation for clean-up bills and relevant proposed regulations. o Support legislation that would supersede the Kaanana decision by limiting prevailing wage requirements for utilities to construction contracts.  Contaminants of Emerging Concern o Oppose regulations or legislation that would address PFAS as a class of constituents. o Monitor state legislation as well as State Water Resources Control Board (SWRCB) and California Air Resources Control Board on regulatory activity related to PFAS. o Work with legislators to address concerns stemming from Mobile Persistent Bioaccumulative Toxic substances (MPBTs) such as PFAS. Support funding opportunities for clean-up costs from the manufacturers of PFAS and through state grants and low-interest loans.  Environment/Climate Resiliency o Support and participate in Integrated Regional Water Management planning efforts in the Santa Ana River watershed. o Oppose restrictive and redundant regulatory requirements for biosolids. OC San 2022 Legislative & Regulatory Plan 7 January 2022 o Support the creation of a Statewide Organics Management Plan that includes the beneficial use of biosolids, education, market expansion activities, and mandates to buy-back compost and other organics diverted from landfills. o Support efforts to reform the California Environmental Quality Act (CEQA) to streamline current procedures and regulations for projects to refurbish or replace existing infrastructure facilities. o Actively monitor the Little Hoover Commission hearings and reports related to climate change adaptation, special districts, and other topics as it relates to OC San.  Water Reuse o Work with legislators who introduced legislation such as SB 163 (Hertzberg, 2015) and SB 332 (Hertzberg, 2019) to ensure that no unrealistic, one size fits all, regulations are placed on wastewater treatment facilities. o Support the inclusion of recycled water credits during the continued development and implementation of long-term water conservation legislation and regulations.  Source Control o 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. o Support legislation, such as AB 1672 (Bloom), or regulations that discourage the flushing of wipes through the sewer system, unless they meet certain performance standards.  Local Government o Support the State’s efforts to increase the effectiveness and efficiencies of Local Agency Formation Commissions. o Oppose state mandates, regulations, or legislation such as AB 1217 (Daly, 2015) that set, alter, or otherwise modify the governance structure of special districts, joint powers authorities, or other local government entities. OC San 2022 Legislative & Regulatory Plan 8 January 2022 Appendix A. Federal Tactics B. State Tactics C. Legislative and Regulatory Policies D. State, Federal and Regulatory Processes Federal Tactics Initiative Action 1. Identify and advise on federal funding opportunities for the OC San infrastructure projects  Schedule meetings with federal agency stakeholders and senior officials in Washington D.C. and district offices to build support for Orange County OC San priority projects;  Work with congressional delegation to update priority needs; and  Develop white papers to justify requested assistance through direct grants. 2. Seek funding assistance to advance recovery of energy and other resources from biosolids and other organics such as food waste  Meet with federal agency officials to review OC San’s needs and to discuss funding opportunities and options related to the energy water nexus;  Work with U.S. Environmental Protection Agency and other agencies to advance energy and water efficient technologies related to smart water technologies and WaterSense grant program. Appendices Appendix A OC San 2022 Legislative & Regulatory Plan 9 January 2022 3. Seek Infrastructure assistance A. Robust funding of State Revolving Fund (SRF) and revise SRF Allocation Formula B. Innovative Financing Regulatory Streamlining  Meet with congressional delegation and key congressional committees;  Develop priorities and disseminate to OC San’s congressional delegation;  Advocate before congressional infrastructure committees and applicable Executive Branch officials to secure adoption of alternative water infrastructure financing including credit, loans, public-private-partnerships and grants in addition to direct grants assistance;  Work to ensure expedited National Environmental Policy Act and related reviews and approvals;  Work with Congress and U.S. Bureau of Reclamation on proposals to provide enhanced alternative water infrastructure financing tools; and Seek opportunities to testify before Congress. C. 4. Support tax reform that protects public agencies  Work with NACWA and CASA in support of unrestricted use of tax- exempt financing and feasible innovative financing approaches such as infrastructure banks to supplement traditional funding approaches;  Work with state and local government stakeholders to restore state and local tax deductibility and advocate before congressional delegation;  Present or submit testimony; and  Transmit communications on tax-exempt financing. 5. Support resiliency legislation, regulations, and policies that support protection of OC San’s investments and promote water and biosolids recycling assistance  Work with delegation and regulators to ensure incorporation of new programs for water and biosolids recycling assistance;  Work with NACWA, CASA and ACWA to support resiliency water and biosolids recycling legislation and regulations; and  Work with congressional infrastructure committees to secure  assistance for resiliency projects. 6. Work with federal agencies on permitting issues  Work with U.S. Fish and Wildlife Service on environmental site assessment issues such as incidental take permits under Endangered Species Act (ESA); and  Advocate to authorize U.S. EPA to provide National Pollutant Discharge Elimination System (NPDES) permits terms for a period of up to 10- years and to retain five-year administrative extension authority. OC San 2022 Legislative & Regulatory Plan 10 January 2022 State Tactics Initiative Action 1. Develop a proactive legislative and regulatory advocacy agenda  Identify legislation that has the potential to benefit or impact OC San, as legislation is introduced and amended;  Identify proposed state and local regulations that are introduced that have the potential to benefit or impact OC San;  Recommend positions on identified legislation and proposed regulation to align with OC San’s Legislative and Regulatory Plan ;  Create and continually update a legislative and regulatory matrix to track identified pieces of priority legislation and proposed regulations;  Schedule advocacy days in Sacramento with legislators and committee staff and regulators;  Continue an active letter writing campaign to support or oppose priority legislation and proposed regulations;  Schedule meetings with legislators, regulators, stakeholders, and senior officials in Sacramento and district offices to build support for OC San priority projects;  Participate in CASA’s legislative committees and Regulatory Workgroup and SCAP’s air quality, water issues, collection systems, biosolids, and wastewater pretreatment committees. 2. Compile a comprehensive list of Capital Improvement projects  Meet with management to discuss future capital projects and priorities;  Match capital improvements with funding opportunities based on project eligibility. 3. Monitor and advise on possible funding opportunities, including but not limited to funding through Statewide bonds  Proactively engage in the drafting of grant funding guidelines and provide input to drafting agency or committee to ensure eligibility and competitiveness of OC San’s projects and priorities;  Proactively engage on proposed legislation and regulations that would have an impact on the implementation of funding programs;  Identify funding opportunities and provide recommendations for eligible projects. Create an advocacy and outreach schedule on the planning and execution of efforts to seek funds. Appendix B OC San 2022 Legislative & Regulatory Plan 11 January 2022 4. Monitor and advise on funding available through Cap and Trade  Monitor the rollout of the Cap and Trade Expenditure Plan for waste diversion projects. Continue to advocate for additional funding in future Cap and Trade Expenditure Plans that OC San is eligible for;  Identify eligible and competitive projects and programs;  Create a schedule on planning and execution of efforts to seek funds, including outreach and advocacy strategy. 5. Monitor and advise on energy or other resource recovery related funding opportunities  Track energy related grant opportunities;  Identify potential projects for funding, including, but not limited to alternative renewable energy, biosolids to energy conversion, organic waste (high strength food waste and fats, oils, and grease) to energy conversion, and greenhouse gas reduction projects;  Ensure wastewater interests are protected as significant decisions are made related to renewable energy production financing, mandates, climate change goals, programs and continued efforts to extend the state’s emissions reduction target;  Schedule meetings with local delegation as well as key members to discuss project benefits and funding opportunity;  Support initiatives that help OC San strive for energy independence by minimizing energy utilization and maximizing useful energy recovery from the sewage it receives;  Support fair and reasonable regulations for the pipeline injection of biomethane produced from anaerobic digestion;  Support renewable energy initiatives that are reasonable and fair. 6. Schedule and attend advocacy and outreach meetings to provide OC San project updates  Educate current administration, key staff and agencies on priority projects and advocate for funding allocations that align with the OC San’s priorities;  Schedule stakeholder meetings to build support for projects;  Hold advocacy meetings in coordination with funding opportunities and project timelines;  Work with relevant budget committees, budget sub-committees, policy committees and their staff to advocate for funding allocations that align with OC San’s priorities;  Provide full briefings and updates to Orange County legislative delegation and relevant members on OC San’s priority projects. 7. As the State is encouraging more recycling, we want to ensure that there is regulatory support in place to allow for non-reclaimable discharge such as brine  Outreach with the California Environmental Protection Agency, Department of Toxic Substances, State Water Resources Control Board, Regional Water Quality Control Board, the governor's office, legislative leadership and other appropriate stakeholders. OC San 2022 Legislative & Regulatory Plan 12 January 2022 8. Development and implementation of a statewide biosolids land application management policy  Work in conjunction with CASA and SCAP to outreach and educate legislators and regulators to develop an advocacy strategy for regulatory framework that will support statewide objectives to manage biosolids land application. 9. Development and implementation of a strategy to relieve the OC San of cumbersome and outdated bid advertising costs  Work with relevant legislators and committees to draft legislation that will lessen the cost burden on OC San rate payers of complying with outdated bid advertising requirements;  Conduct outreach with various other sanitation districts/POTW’s across the State to form a coalition to support any efforts. 10. Development and advocacy for legislation to raise the contracting and bid threshold for the OC San  Meet with local labor groups to initially present the issue;  Brainstorm proposed solutions that will give OC San and other sanitation district’s/POTW’s more flexibility to complete small scale public works projects in house;  Work in conjunction with CASA to outreach, educate, and develop an advocacy strategy that will target all sanitation districts/POTW’s affected by the current threshold limitations;  Develop and advocate for legislation that will raise the threshold for work that can be performed in house as well as work that is required to be bid. OC San 2022 Legislative & Regulatory Plan 13 January 2022 Legislative and Regulatory Policies a. Air Quality: OC San is committed to complying with federal, state, and local air quality laws, rules, regulations, and policies. a. Support air quality legislations, regulations, rules, and policies that minimize permitting barriers and encourage the use of advanced air emission control technologies through greater flexibility and financial incentives. b. Support measures that maintain and enhance local decision-making authority, where appropriate, in the development and implementation of air quality attainment strategies. c. Support legislation and regulations to ensure greater consistency between the California and Federal Clean Air Acts. d. Support strategies that clearly demonstrate and provide for the most cost-effective means for meeting air quality goals. e. Continue to follow OC San’s odor policy to assure that OC San is a good neighbor to the surrounding communities. f. Monitor California Air Resources Board’s (CARB’s) plans to accelerate zero- emission medium and heavy-duty vehicle fleets and equipment, and oppose regulation that would mandate specific fuel types or neglect the significant benefits of renewable fuels. Obtain grant funding for zero-emitting vehicles and equipment and any necessary infrastructure to support those technologies. g. Monitor South Coast Air Quality Management District’s (SCAQMD’s) development of regulations and guidelines associated with AB 617 in the following areas: (1) implementation of best available retrofit control technology (BARCT) requirements for existing stationary sources; (2) deployment of air monitoring systems in selected communities; and (3) implementation of emissions reduction plans in selected communities. h. Participate in associations efforts to work with CARB in implementation of the updated AB 617 Criteria Pollutants & Toxics Reporting and AB 2588 Air Toxics “Hot Spots” Programs. i. Monitor legislative and regulatory development in response to State’s goal of achieving Carbon Neutrality including the electrification of engine-driven equipment and fleet. Watch for measures that would require special districts and local governments to be first adopters of this unproven technology. Appendix C OC San 2022 Legislative & Regulatory Plan 14 January 2022 j. Oppose redundant and unreasonable requirements, such as potentially double reporting requirements, with respect to emissions reporting requirements associated with AB 617. k. Monitor and support any legislative development which would provide a relief on the use of diesel emergency power generators during State of Emergency events impacting the local electrical utility. b. Biosolids, Organics and Biogas: OC San strives to beneficially use biosolids through multiple management options performed at reasonable costs that are protective of public health and the environment. a. Support legislation, regulations and policies that support the beneficial use of biosolids on agricultural lands, landscape, horticulture, California Healthy Soils Initiatives, mine reclamation, fire ravaged lands, superfund sites, brownfields, overgrazed lands, carbon sequestration and wetland restoration. b. Support the promotion and funding of local pilot programs, studies, and research for the beneficial use of biosolids. c. Oppose legislation, regulations, and policies that imposes unreasonable new rules, guidance or bans that restrict use of biosolids for land application in any region, county, or state without scientific basis. d. Support alternative energy legislation, regulation and policies that encourage use of biosolids as a renewable energy resource. e. Support streamlined legislation, regulations and policies that encourage the procurement of biogas, biosolids, and compost. f. Support CalRecycle, CARB, California Public Utilities Commission, (CPUC), California Energy Commission (CEC), California Department of Food and Agriculture (CDFA), and State Water Resources Control Board (SWRCB) accepting quality standards that allow wastewater treatment plants to inject biogas production into existing pipelines for renewable use. g. Support compost associations and local cities and agencies in education, market expansion activities, and meeting mandates to buy-back compost and other organics diverted from landfills. h. Limit redundant reporting requirements on organics, recyclable material, and solid waste. i. Support organic co-digestion and recycling projects. c. Source Control: OC San supports legislation that reduces pollutants and harmful materials that could enter the sewer system. a. Support statewide or targeted public education programs and initiatives that teach appropriate “What To Flush” practices and fats, oils, and grease management. OC San 2022 Legislative & Regulatory Plan 15 January 2022 b. Support federal policies and legislation that regulates the disposal of flushable wipes to ensure clarity on the definition of “flushable”. c. Support legislation, regulations, and funding assistance would lead to decreased introduction of microplastics and other chemicals of concern discharged into the sewer system. d. Support legislation and funding mechanisms that reduce the amount of trash, waste, chemicals, and harmful organic material that enter the sewer system. e. Support legislation that would create forever homes for forever chemicals. f. Oppose regulations that would address PFAS as a class of constituents. g. Support the reduction/elimination of Contaminants of Emerging Concern (e.g., PFAS) within consumer and commercial products. d. Grant Funding: OC San is committed to advancing the state of knowledge in the treatment and management of wastewater through the application of innovative and alternative technologies. To this end, OC San supports grants assistance to offset its research, special projects, and capital improvement projects. a. Support legislation, bonds, programs, and projects that provide funding for: infrastructure construction and rehabilitation, special studies and research or projects relating to security, environmental education, water quality, wastewater processing, urban runoff, wastewater recycling, biosolids and organics management, water quality improvement, resource recovery, or alternative energy. b. Support projects that provide for public benefit over projects that are primarily intended for private benefit or gain. c. Oppose proposals placing further requirements on grant recipients that return low value for high administrative costs. d. Support regional collaboration and funding for public agencies for food waste co digestion and recycling projects. e. Innovative Funding: OC San is committed to supporting programs that provide the highest quality services to its ratepayers. a. Support programs to leverage federal assistance such as credit assistance and highly subsidized loan assistance. b. Support Public-Private-Partnerships, Public to Public and other financing approaches that can reduce costs only if such projects do not impose costs on OC San ratepayers. c. Support the full funding of the Clean Water Act- State Revolving Fund Program at $4 billion annually. OC San 2022 Legislative & Regulatory Plan 16 January 2022 d. Seek federal assistance to support water conservation projects such as water recycling, green infrastructure through the Water Infrastructure Finance and Innovation Act (WIFIA) and direct grants to reduce project costs. f. Labor Relations/Human Resources: OC San is committed to employer-employee relations including, but not limited to meeting and conferring in good faith with recognized employee organizations regarding the wages, hours of work and other terms and conditions of employment. As Congress considers reforming the federal tax code, many of the provisions subject to reform may impact labor relations. a. Support measures to reform current workers compensation formulas that rely on a proportionate exposure formula. b. Support health insurance reform that does not create additional financial burdens on special districts. c. Support measures to ease applicability of the Fair Labor Standards Act (FLSA) on public agencies. d. Oppose any measure imposing compulsory and binding arbitration with respect to public employees. e. Oppose any measure that imposes upon local government mandated employee benefits that are more properly decided at the local bargaining table. f. Oppose efforts reducing local control over public employee disputes and imposing regulations on an outside agency. g. Oppose any measure granting essential public employees the right to strike. h. Oppose a new mandatory Social Security tax for public employers and public employees. i. Oppose overreaching and costly mandates that require non-necessary disclosures to employees j. Oppose legislation and regulations that force OC San to adjust paid and unpaid leave time parameters. g. Security: OC San is committed to the safety of all personnel, facilities, and the entire sewer system. a. Support legislation that would create efficiencies around the retention policy of surveillance video for innocuous recordings. b. Support funding assistance to implement COVID type employee protection needs. c. Support funding for the hardening of essential regional facilities such as water recycling and sewer collection and recycling sites. d. Support legislation and funding for regional emergency management collaboration to protect critical infrastructure. OC San 2022 Legislative & Regulatory Plan 17 January 2022 h. Planning: OC San ensures the long-range planning of capital improvement programs in order to deliver the highest quality facilities. a. Support reform of existing state, regional and local planning processes only if directly linked to reforms in the current revenue and tax structure of state and local governments. b. Support measures that provide new revenues for growth management and the public facilities necessary to support expected growth. c. Support proposals encouraging regional, sub-regional or countywide cooperation in planning urban development strategies, especially those that provide funding for effective implementation of agreed upon goals. d. Oppose legislation consolidating special districts that fail to address the concerns of cities affected by the proposed consolidation. e. Oppose measures that prevent or restrict the ability of cities or special districts to participate in the Southern California Association of Governments’ (SCAG) sub-regional process. i. Public Health: Protection of public health is OC San’s core mission. OC San will work cooperatively with county and state health officers to assure local health protection. a. Support hazard mitigation, emergency response, planning, and recovery through direct legislation, policy directives, and funding toward floodplain security within the Santa Ana River watershed. b. Support funding assistance to implement COVID-19 and other viral type employee protection needs. c. Support (generally) measures that provide for improved public health through regulation. d. Support the protection of public health and environment through the construction and implementation of advanced wastewater treatment technology. e. Support sharing critical information and data from state and county agencies in the interest of protecting the public health and saving taxpayer dollars. f. Monitor legislation that provides additional occupational safety and health standard requirements for employees, contractors, or subcontractors. j. Public Works: OC San is committed to the achievement of effective and efficient projects that provide wastewater treatment services that benefit its ratepayers. a. Support measures that provide funding and support to publicly owned treatment works and sewage collection systems. OC San 2022 Legislative & Regulatory Plan 18 January 2022 b. Support legislation and regulation that allow public agencies to procure goods and services in manners similar to private industry, thereby reducing overall costs of delivery. c. Support legislation and regulation that improve the Utility Underground Service Alert Program in order to improve coordination, identification, minimize damage, minimize environmental risks, and minimize cost exposure to publicly owned facilities when contractors are performing sub- surface work. d. Support a comprehensive response to the state’s electricity and natural gas shortages that provide a stable energy supply, respects the ability of municipalities to provide power, recognizes that infrastructure (i.e. emergency and standby generators) exists that could be employed temporarily during periods with minimal air quality impact and protects ratepayers (including cities and special districts) against dramatic rate increases and statewide power outages. e. Support legislation and regulation that allows OC San to utilize the Best Value Design/Build option for the construction of public works projects. f. Oppose Buy American mandates legislation that would increase project costs or prevent the use of the most innovative technologies. g. Monitor legislation that would require the inspection and possible repair of sewer laterals at the time of sale in residential, commercial, and industrial areas. h. Monitor legislation connected with government claims against special districts regarding risk and wrap-up insurance. i. Support legislation that increases the thresholds for bid work and force account work. k. Tax Reform/Revenue and Taxation: Track pending legislation to ensure OC San remains in compliance with the government code as it pertains to wastewater system user fees and property tax revenues and the investment of public funds. a. Support measures leading to a greater financial independence from the state that would result in greater stability and predictability in local government budgeting. b. Oppose measures that impose mandated costs for which there is no guarantee of local reimbursement or offsetting benefits. c. Oppose legislation that shifts tax revenues away from local governments without the adequate provision of a constitutionally guaranteed backfill to offset the lost revenues of those local governments. d. Oppose measures that shift existing local revenue sources back to the state, including the special district share of property tax, sales tax, vehicle license fees, and rate payer fees. e. Oppose the use of revenues traditionally used to fund the delivery of municipal services to fund programs for which the state is responsible, particularly the courts, health, and welfare programs. f. Oppose elimination or restriction of state and local tax deduction from federal tax liability of local taxpayers. OC San 2022 Legislative & Regulatory Plan 19 January 2022 g. Oppose elimination or restriction on the availability of municipal tax-exempt financing for public infrastructure projects. h. Monitor legislation regarding changes in law that influence the fees and charges that OC San facilitates. l. Special Districts: OC San supports the maintenance of special districts to provide specific services, in response to citizen’s demands, in a cost-effective manner. a. Support efforts to provide equitable treatment of special districts in emergency funding assistance. b. Support outreach to local, regional, and state elected officials to foster a greater understanding regarding the critical relationship between adequate reserves and the successful short-and-long- term operation of water and wastewater agencies. c. Support the work of the Association of California Water Agencies (ACWA), California Association of Sanitation Agencies (CASA), and California Special Districts Association (CSDA) in any future discussions or negotiations pertaining to the legislative and budget issues relative to preserving control of members’ reserves. d. Oppose further state regulations that adversely impact special district financing, operations, and administration. e. Oppose measures that create or grant powers to sub-regional or regional bodies that would result in an infringement on clearly local concerns. f. Oppose any administrative or legislative efforts to access or transfer any reserve funds held by water and wastewater districts. g. Oppose the imposition of unfunded, mandated programs on local governments. h. Oppose efforts that diminish OC San’s ability to govern efficiently and effectively, including expanding the size of the Board of Directors. i. Support alternate methods of public meetings notices that maintain transparency but are more cost efficient and technologically advanced. j. Support legislation that gives local control on video retention guidelines to special districts to maintain maximum flexibility and cost control. m. Water Quality and Supply: OC San is committed to participating collaboratively in the protection of regional water resources for the benefit of the people we serve. a. Support (generally) measures to increase water supply and improve water quality in the region, including drought relief legislations and regulations. OC San 2022 Legislative & Regulatory Plan 20 January 2022 b. Support measures that would increase funding for water reuse technologies, including support for the Groundwater Replenishment System project by the Orange County Water District and the OC San to create new water supplies through wastewater recycling. c. Support measures that promote and provide for the use of reclaimed water. d. Support policy development, funding, and research for addressing urban runoff, stormwater, and beach closures, including funding for studies that identify the sources of bacterial, viral, and other microbial contaminants and human pathogens. e. Support measures to evaluate water quality standards, as needed, to ensure the objectives are appropriately protecting the designated use. f. Support legislation and regulation that would direct U.S. EPA levied fines to remain in the region. g. Support measures addressing non-point source pollution in order to protect our ocean water quality and provide funding to mitigate its effects, including integrated permitting approaches that can reduce costs and achieve water quality improvements while allowing permits to be tailored to the needs of Orange County and its watershed. h. Support national infrastructure policies that contain aspirational goal that promotes improved water use efficiency in construction of water efficient buildings and communities. i. 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. j. Support legislation and regulation that provide for the development of the watershed approach, including watershed management plans and watershed-based permitting. k. Support legislation and regulation that necessitate the responsible use of water in residential, commercial, and industrial areas. l. Support streamlined environmental guidelines and regulations that would safeguard the region, providing increased protections and lesser costs to ratepayers. m. Oppose the imposition of statewide fees for environmental cleanup that is caused through private sector actions or are regional in nature (e.g., when the nexus between those responsible for environmental abuse and those required to pay for cleanup or mitigation is absent). n. Support approaches to reduce compliance costs associated with stormwater controls including the use of integrated plans. o. Monitor state and federal legislation and regulations related to PFAS substances. OC San 2022 Legislative & Regulatory Plan 21 January 2022 Legislative and Regulatory Process Flow Chart State Graphic Obtained from Leginfo.ca.gov Federal Appendix D .. How a Bill Becomes a Law 111111 t -oduced I Roor Action K~~-t$ent to other hou#) Retu-dlO orllfnal house If o,tt'la/ house ''"'''" Kp,s~wfth amendmenc, ◄iiiti:I If pus«J v,,n:1,out amtYtdmenu Knot vetoed How a Bill Becomes a Law lnfographic attribution: Provide by behancf!.net and created by Rjay Juarez. OC San 2022 Legislative & Regulatory Plan 22 January 2022 -◄ Stakeholder Engagement Prior to Formal Rulemaking • Fact F1nd1ng through series of multiple meetings • Address concerns • Initial stage of shaping proposed language Legislature Grants Authority to Adopt Regulations to State Agency • L PUBLICATION AND ISSUANCE OF NOTICE OPENS RULEMAKNG RECORD ,. Stakeholder Engagement ■ . - ' ,. Substantial and Sufficiently Related: 15-Day Comment Penod- Agency Marls Notice and Text of Proposed Changes RELEVANT STATE AGENCY INTERACTIONS WITH OCSD • CalEPA • Department of Pesticides Minimum 45-Day Public Comment Period I ' J l Approve Office of Administrative Law Frie proposed regulation with the Secretary of state Agency Adopts Regulations • Cal Recycle (Department of Resources Recycling and Recovery Disapprove-- • Department of Toxic Substance Control • Office of Environmental Health Hazard Assessment (~ ____ R_u_L_E_M_A_K_IN_G_R_Ec_o_R_D_c_L_o_s_E_D ____ ~) y • State Water Resources Control Board including Regional Boards 1-9 11/1/2021 1 2022 Draft Legislative and  Regulatory Plan Legislative And  Public Affairs  Committee Meeting November 8, 2021 By: Rebecca Long Sr. Public Affairs Specialist •Oppose redundant regulatory and legislative requirements  that cause   undue constraints on efficient  operations; •Support legislative regulatory   streamlining that promotes      affordability, public health, and the environment; •Maintain local control over governance of special districts  and other local entities; •Obtain financial assistance for OC San projects through  grants, loans, and legislative directed funding. Guiding Priorities 2 1 2 11/1/2021 2 •Cori Takkinen – Townsend Public Affairs  •Eric O’Donnell– Townsend Public Affairs  •Eric Sapirstein– ENS Resources  •Sarah Sapirstein– ENS Resources •David French– ENS Resources •Jim Herberg– OC San •Jennifer Cabral– OC San •Rebecca Long– OC San •Lan Wiborg– OC San •Tom Meregillano– OC San Legislative ‐Regulatory Team   3 Procedure For Taking  a Position 4 3 4 11/1/2021 3 How the Plan is Developed… •Development of Plan •LaPA Committee Feedback Throughout the Year •Work with OC San Staff/Subject Matter Experts •Work with State and Federal Lobbyists  •Share with Various Organizations: •California Association of Sanitation Agencies •California Special Districts Association •Orange County Water District  •Municipal Water District of Orange County •Irvine Ranch Water District  •LaPA Committee Review and Input •Board Adoption 5 •Table of contents •Additional procedure                                             for taking a (regulatory)              position •Reorganization of the  priorities by categories •Appendix D with process flow charts What’s Changed This Year… 6 5 6 0 1 0 ? C a'\: eg\s\a~\ot' \a~-s.-?--le g;.s 1.at;.o -~ ...... 11/1/2021 4 Questions 7 7 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1899 Agenda Date:11/8/2021 Agenda Item No:3. FROM:James D. Herberg, General Manager SUBJECT: LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF SEPTEMBER/OCTOBER 2021 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the months of September and October 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 11/1/2021Page 1 of 2 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT File #:2021-1899 Agenda Date:11/8/2021 Agenda Item No:3. 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 The United States Environmental Protection Agency issued the PFAS Strategic Roadmap and it is a multi-year agenda to regulate per-and polyfluoroalkyl substances (PFAS)and creates a roadmap to address other “forever”chemicals.The plan identifies a number of priorities and actions that will directly or indirectly impact wastewater agencies.The legislative team will continue to monitor this issue and keep the Board of Directors apprised of any significant changes as they relate to PFAS and contaminants of emerging concern in wastewater. After many years of hard work,wipes will finally be properly labeled.Recently,Governor Newsom signed Assembly Bill 818 by Assemblymember Richard Bloom into law.This bill requires all packaging for diaper wipes,cleaning wipes,and cosmetic wipes to clearly display “Do Not Flush” warnings by July 2022. This bill is the result of a three-year effort between representatives from wastewater industries including OC San,the California Association of Sanitation Agencies,product stewardship groups,and wipes manufacturers. ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Federal Update - ENS Resources ·Federal Legislative Matrix - ENS Resources ·State Update - Townsend Public Affairs ·State Legislative Matrix - Townsend Public Affairs ·Grant Matrix ·Presentations Orange County Sanitation District Printed on 11/1/2021Page 2 of 2 powered by Legistar™ 1 | P a g e TO: Rebecca Long FROM: Eric Sapirstein DATE: October 18, 2021 SUBJECT: Washington Update Over the past month, Congress and the White House continued to work on developing a consensus to pass a final reconciliation agreement that would allow for final passage of the traditional “hard” infrastructure bill, H.R. 3684. This bill has remained stalled in the House as progressive and moderate Democrats debate how much spending should be committed to the reconciliation bill and the breadth of any final measure. Additionally, the Senate Committee on Appropriations continued its work to develop final fiscal year 2022 spending bills that could then be reconciled with the House-passed versions by December 3 when the stop gap spending bill expires. The U.S. Environmental Protection Agency (USEPA) took the formal step of releasing its PFAS Action Plan that sets the stage for regulatory actions to control the widespread use of these forever chemicals and to establish drinking water and industrial discharge standards to protect human health. The following summarizes the outlook for congressional activities in the coming months. Infrastructure Legislation Deadline Extended As widely reported, the self-imposed September 27 deadline for a House vote on H.R. 3684 was extended to the end of October as Speaker Pelosi’s deadline ran into a wall of opposition from progressives in the House that threatened to vote against the bill, unless the reconciliation bill’s provisions and costs was agreed-upon with the Senate. With only a three-vote majority, and as many as 30 Progressives threatening to take down the bill, the Speaker agreed to delay a vote while efforts to deliver a reconciliation framework continued for another month. ~-;_-; = .. ' :=. =-' ------------------r; i,i:,------------------ .1,,,,,JJ.. ,,..., ~ 2 | P a g e At this time, it appears that the House will indeed vote on H.R. 3684 within the next few weeks given what appears to be an emerging consensus to reduce the reconciliation bill from $3.5 trillion to somewhere around $2 trillion. Such a consensus could potentially remove one of the key obstacles to securing Senators Manchin and Sinema’s support and deliver the fifty Democratic Senate votes needed to allow for passage of the measure with the Vice President’s tie breaking vote. However, a handful of demands related work requirements for childcare assistance, means testing for other assistance and the creation of a climate clean energy mandate that would reduce dependence on coal and natural gas remain to be resolved and could further delay an agreement until late December. USEPA Releases PFAS Action Plan USEPA issued the much anticipated PFAS Strategic Roadmap, and it is an ambitious multi-year agenda to regulate per- and polyfluoroalkyl substances (PFAS) and create a roadmap to address other “forever” chemicals. For OC San, the plan identifies a number of priorities and actions that will impact directly or indirectly wastewater agencies. A copy of the roadmap can be accessed here. USEPA will engage with stakeholders to identify collaborative solutions and will hold two national webinars on October 26 and November 2 that are open to the public. OC San staff will attendg one of the webinars to gain an enhanced understanding of USEPA’s effort and it impacts. The roadmap is notable for its approach to regulating PFAS. There continues to be a commitment to rely upon science and data to make informed decisions. At the same time, it appears that while the agency endorses the polluter pays principle for PFAS contamination, the roadmap identifies a priority to consider listing PFAS as a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substance. This seems to throw into question whether public agencies could face unreasonable liability exposure under CERCLA simply because they are passive receivers of these chemicals. Of special note is biosolids. The agency is conducting a series of research studies to determine the nature and extent of PFAS chemicals in biosolids. These studies would presumably guide any new biosolids standards development. Under the roadmap, the following wastewater related activities would be initiated by the agency: Office of Water: • Publish final recommended ambient water quality criteria for PFAS for aquatic life and human health to help Tribes and states develop standards, write permits, and assess cumulative impacts (expected winter 2022 and fall 2024) • Finalize risk assessment for Perfluorooctanoic acid (PFOA) and Perfluorooctanesulfonic acid (PFOS) in biosolids that will serve as the basis for determining whether regulation of PFOA and PFOS in biosolids is appropriate (expected winter 2024) 3 | P a g e • Leverage National Pollutant Discharge Elimination System (NPDES) permitting to reduce PFAS discharges to waterways to reduce discharges of PFAS at the source and obtain more comprehensive information through monitoring on the sources of PFAS and quantity of PFAS discharged by these sources (expected winter 2022) • Restrict PFAS discharges from industrial sources through a multi-faceted Effluent Limitations Guidelines program to proactively establish national technology-based regulatory limits, including progress on the nine industrial categories in the proposed PFAS Action Act of 2021 (expected 2022 and ongoing) Office of Land and Emergency Management (CERCLA): • Propose to designate certain PFAS as CERCLA hazardous substances to require reporting of PFOA and PFAS releases, enhance the availability of data, and ensure agencies can recover cleanup costs (proposed rule expected spring 2022, final rule expected summer 2023) • Issue advance notice of proposed rule-making on various PFAS under CERCLA to seek public input on whether to similarly seek CERCLA designation of other PFAS (expected spring 2022) • Issue updated guidance on destroying and disposing PFAS to reflect public comments on interim guidance and to reflect newly published research results (expected fall 2023) Office of Research and Development: • Develop and validate methods to detect and measure PFAS in the environment, including additional targeted methods for detecting and measuring specific PFAS, non-targeted methods for identifying unknown PFAS in the environment, and exploring “total PFAS” methods (ongoing) • Advance the science to assess human health and environmental risks from PFAS by developing human health toxicity assessments under EPA’s Integrated Risk Information System program; by compiling and summarizing available and relevant scientific information; by identifying PFAS sources, transport, and exposure pathways; and by characterizing how exposure to PFAS may contribute to cumulative impacts on communities (ongoing) • Evaluate and develop technologies for reducing PFAS in the environment to inform decisions on drinking water and wastewater treatment, contaminated site cleanup and remediation, air emission controls, and end-of-life materials management (ongoing) Cross-cutting programs: • Use enforcement tools to better identify and address PFAS releases at facilities, as appropriate, to require actions by responsible parties, to limit future releases, and to address existing contamination (ongoing) • Establish a PFAS Voluntary Stewardship Program to challenge industry to go above and beyond regulatory or compliance requirements to reduce overall releases of PFAS into the environment (expected spring 2022) 4 | P a g e • Issue an annual public report on progress towards PFAS commitments included in this roadmap, as well as future actions the Agency may take (winter 2022 and ongoing) Fiscal Year 2022 Appropriations Pressure to meet the December 3 deadline to pass annual spending bills continues to increase to avoid the need for another stop gap spending bill and to decouple the spending bills from the ongoing infrastructure debates and the debt ceiling increase. As of this writing, the Senate is moving forward on its spending bills. It is possible that the bills as approved by the Senate Committee on Appropriations will not be passed by the Senate. Rather, in the limited time that remains before December 3, the committee will use the bills to negotiate with the House on its passed bills. While the specifics remain unknown at this writing, the Senate appears to mirror the House funding levels of many water programs, including the State Revolving Loan Fund (SRF). At the same time, the Senate may include increased funding for PFAS related program to ensure the agency has the resources to carry out cleanups and set drinking water standards. Title Infrastructure Investment and Jobs Act Description Investing in a New Vision for the Environment and Surface Transportation in America Act or the INVEST in America Act This bill addresses provisions related to federal-aid highway, transit, highway safety, motor carrier, research, hazardous materials, and rail programs of the Department of Transportation (DOT). Among other provisions, the bill * extends FY2021 enacted levels through FY2022 for federal-aid highway, transit, and safety programs; * reauthorizes for FY2023-FY2026 several surface transportation programs, including the federal-aid highway program, transit programs, highway safety, motor carrier safety, and rail programs; * addresses climate change, including strategies to reduce the climate change impacts of the surface transportation system and a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of federal resources; * revises Buy America procurement requirements for highways, mass transit, and rail; * establishes a rebuild rural bridges program to improve the safety and state of good repair of bridges in rural communities; * implements new safety requirements across all transportation modes; and * directs DOT to establish a pilot program to demonstrate a national motor vehicle per-mile user fee to restore and maintain the long-term solvency of the Highway Trust Fund and achieve and maintain a state of good repair in the surface transportation system. Bill Summary: Last edited by Sarah Sapirstein at Aug 23, 2021, 4:13 PM Comprehensive infrastructure investment package that provides the biggest infusion of U.S. federal spending on infrastructure in decades, including $55 billion for water infrastructure. The bill also includes a Western Water Infrastructure Title to address U.S. Bureau of Reclamation water infrastructure funding programs. Introduction Date: 2021-06-04 Federal Legislative Report - October 2021 Last Updated: October 18, 2021 Bills by Issue Priority: High (13) Bill Number HR 3684 Last Action Postponed Proceedings Pursuant To Clause 1 C Of Rule Xix Further Consideration Of The Motion To Concur In The Senate Amendment To H R 3684 Is Postponed 2021 10 01 Status Passed Senate Position Monitor Priority High OC ~SAN ORANGE COUNTY SANITATION DISTRICT Title PFAS Action Act of 2021 Description PFAS Action Act of 2021 This bill establishes requirements and incentives to limit the use of perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS, and remediate PFAS in the environment. PFAS are man-made and may have adverse human health effects. A variety of products contain PFAS, such as nonstick cookware or weatherproof clothing. The bill directs the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, thereby requiring remediation of releases of those PFAS into the environment. Within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. The EPA must also determine whether PFAS should be designated as toxic pollutants under the Clean Water Act. If PFAS are designated as toxic, then the EPA must establish standards to limit discharges of PFAS from industrial sources into waters of the United States. In addition, the EPA must issue a national primary drinking water regulation for PFAS that, at a minimum, includes standards for PFOA and PFOS. Among other requirements, the EPA must also issue a final rule adding PFOA and PFOS to the list of hazardous air pollutants, test all PFAS for toxicity to human health, and regulate the disposal of materials containing PFAS. Finally, the bill provides incentives to address PFAS, such as grants to help community water systems treat water contaminated by PFAS. 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 Bill Number HR 2467 Last Action Received In The Senate And Read Twice And Referred To The Committee On Environment And Public Works 2021 07 22 Status In Senate Position Monitor Priority High Title WIPPES Act Bill Summary: Last edited by Sarah Sapirstein at Aug 23, 2021, 5:53 PM Pulled out of the Break Free From Plastic Pollution Act. Not later than 2 years after enactment, directs FTC, with consultation from U.S. Environmental Protection Agency (USEPA), to require manufacturers of single-use wet wipes print a "Do Not Flush" label notice on wipes product packaging. Below is a summary of the WIPPES Act's key provisions: - Not later than 2 years after date of enactment, the Federal Trade Commission (FTC), in consultation with USEPA, will issue regulations to require wipes manufacturers to print clear and visible "Do Not Flush" label notices on non-flushable wet wipes product packaging. - Prohibition on the representation or marketing of flushable attributes, performance, or efficacy benefits for non-flushable wipes products. - FTC may bring penalty fines of not more than $2,500 for each day a manufacturer fails to comply with labeling requirements. Total fine amount may not exceed $100,000 for a single violation. - FTC will develop guidance for manufacturers to conduct education and outreach campaigns on new labeling requirements and provide consumers with the following information: presence of the new label notice on product packaging, what products have the new label notice, intended effects of label notice on consumer behavior regarding the disposal of the products, and outreach may not promote, advocate, or depict wipes other than the wipes products defined by legislation. Introduction Date: 2021-07-21 Title Water Quality Protection and Job Creation Act of 2021 Description Water Quality Protection and Job Creation Act of 2021 This bill creates, reauthorizes, and revises several grant programs for infrastructure to treat water pollution, such as wastewater or stormwater. Specifically, the bill reauthorizes through FY2026 and revises the Clean Water State Revolving Fund program, which provides communities low-cost financing for water quality infrastructure projects. It also reauthorizes through FY2026 grants for * programs to control water pollution; * pilot projects related to watershed management of wastewater discharges (e.g., sewer overflows or stormwater discharges) during wet weather; * alternative water source projects, including projects to reclaim stormwater; or * measures to manage, reduce, treat or recapture stormwater, such as sewer overflows. In addition, the Environmental Protection Agency must award grants to owners of publicly owned treatment works (i.e., sewage treatment plants) for the treatment of contaminants of emerging concern, such as perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. These substances are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing. Bill Summary: Last edited by Sarah Sapirstein at Jun 21, 2021, 3:52 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 Bill Number HR 4602 Last Action Referred To The House Committee On Energy And Commerce 2021 07 21 Status In House Position Support Priority High Bill Number HR 1915 Last Action Placed On The Union Calendar Calendar No 48 2021 06 22 Status In House Position Support Priority High Title Made in America Act of 2021 Description Made in America Act of 2021 This bill requires that materials used in carrying out federal infrastructure aid programs are made in the United States. The term produced in the United States means, in the case of * iron or steel products, that all manufacturing processes for the iron or steel product, from the initial melting stage through the application of coatings, occurred in the United States; * manufactured products, that the product was manufactured in the United States and that the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 50% of the total cost of all components of the manufactured product; and * construction materials, that all manufacturing processes for the construction material occurred in the United States. The Department of Commerce must (1) issue uniform standards that define the term all manufacturing processes for purposes of this bill, and (2) take into consideration and seek to maximize the jobs benefited or created in the production of the construction material. The bill requires that all steel, iron, manufactured products, non-ferrous metals, plastic, concrete and aggregates, glass (including optical glass), lumber, and drywall used in these programs be produced in the United States. Includes within infrastructure addressed by this bill federal-aid highways, railroads, public transportation, civil aviation, drinking water, and stormwater. 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 Title Clean Water Standards for PFAS Act of 2021 Bill Summary: Last edited by Sarah Sapirstein at Aug 23, 2021, 6:01 PM Require the U.S.Environmental Protection Agency (USEPA) to develop effluent limitations guidelines and standards and water quality criteria for PFAS under the Federal Water Pollution Control Act and authorize $200 million in Federal grants to publicly owned treatment works to implement such guidelines and standards. Specifically, the Clean Water Standards for PFAS Act would do the following: • Require USEPA to develop water quality criteria under the Clean Water Act for all measurable PFAS chemicals within two years of bill’s enactment and develop effluent limitations guidelines and standards for all measurable PFAS chemicals within four years, including establishing pretreatment standards to prevent introduction of PFAS into POTWs and stopping PFAS at the source prior to contaminating municipal water systems. • Identifies nine priority industry categories of industries that USEPA must establish standards for. • Authorizes $200 million in grants per year through fiscal years 2022-2026 to assist POTWs with implementation of developed limitations and standards. Introduction Date: 2021-05-28 Bill Number HR 2468 Last Action Referred To The Subcommittee On Commodity Exchanges Energy And Credit 2021 06 07 Status In House Position Monitor Priority High Bill Number HR 3622 Last Action Referred To The Subcommittee On Water Resources And Environment 2021 06 01 Status In House Position Monitor Priority High Title Clean Water Standards for PFAS Act of 2021 Bill Summary: Last edited by Sarah Sapirstein at Aug 23, 2021, 5:59 PM Companion bill to H.R. 3622. The bill would require the U.S. Environmental Protection Agency (USEPA) to develop effluent limitations guidelines and standards and water quality criteria for PFAS under the Federal Water Pollution Control Act and provide Federal grants to publicly owned treatment works to implement such guidelines and standards. Specifically, the Clean Water Standards for PFAS Act would do the following: • Require USEPA to develop water quality criteria under the Clean Water Act for all measurable PFAS chemicals within two years of bill’s enactment and develop effluent limitations guidelines and standards for all measurable PFAS chemicals within four years, including establishing pretreatment standards to prevent introduction of PFAS into POTWs and stopping PFAS at the source prior to contaminating municipal water systems. • Identifies nine priority industry categories of industries that USEPA must establish standards for. • Authorizes $200 million in grants per year through fiscal years 2022-2026 to assist POTWs with implementation of developed limitations and standards. Introduction Date: 2021-05-27 Bill Number S 1907 Last Action Read Twice And Referred To The Committee On Environment And Public Works 2021 05 27 Status In Senate Position Monitor Priority High Title FUTURE Western Water Infrastructure and Drought Resiliency Act Bill Summary: Last edited by Sarah Sapirstein at Aug 23, 2021, 5:56 PM The FUTURE Western Water Act is a comprehensive package that aims to address western water infrastructure and drought response needs, including: infrastructure development, improved technology and data, water job training and education, and ecosystem protection and restoration. Among the provisions, the legislation includes provisions from Water Recycling Investment and Improvement Act (H.R. 1015), which increases the authorization level for the Title XVI program to $500 million from the current $50 million. CASA supports H.R. 1015. The bill's the four major policy components. - Infrastructure Development: authorizes $750 million for sustainable, multi-benefit water storage projects, authorizes $500 million for water recycling and reuse projects, authorizes $260 million for innovative water desalination projects, and establishes process to authorize new major water storage projects owned or supported by USDOI. - Improved Technology and Data: invests in water data and technology to improve water management and reducing energy and water waste - types of investments include expanded water technology "X-Prize" to support new stream gages and the development and deployment of emerging technologies to help manage and improve water supply availability. - Water Job Training and Education: Federal support for water education activities, collaborative water management efforts and training, and professional development support for water sector workforce. - Ecosystem Protection and Restoration: To reverse fish and wildlife species decline, eligible measures include new voluntary incentives for farmers to provide waterbird habitats, expanded watershed health project funding, support wildlife refuges, multi-benefit water storage projects that provide benefits for water supply and wildlife, and improved drought planning efforts to protect biodiversity. Introduction Date: 2021-05-20 Title Drinking Water and Wastewater Infrastructure Act of 2021 Description Drinking Water and Wastewater Infrastructure Act of 2021 This bill reauthorizes through FY2026 or establishes a variety of programs for water infrastructure. Specifically, it supports programs to provide safe drinking water or treat wastewater, such as sewer overflows or stormwater. For example, the bill reauthorizes and revises the clean water state revolving fund (SRF) and the drinking water SRF. Bill Summary: Last edited by Sarah Sapirstein at Jun 21, 2021, 4:29 PM A comprehensive bill that contains Senate clean water and drinking water provisions that were dropped out of Water Resources Development Act (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 Bill Number HR 3404 Last Action Referred To The Subcommittee On Water Resources And Environment 2021 05 21 Status In House Position Support Priority High Bill Number S 914 Last Action By Senator Carper From Committee On Environment And Public Works Filed Written Report Report No 117 20 2021 05 10 Status In House Position Monitor Priority High Title Break Free From Plastic Pollution Act of 2021 Description Break Free From Plastic Pollution Act of 2021 This bill sets forth requirements and incentives to reduce the production of a variety of products and materials, including plastics, and increase efforts to collect, recycle, or compost products and materials. The bill makes certain producers of products (e.g., packaging, paper, single- use products, beverage containers, or food service products) fiscally responsible for collecting, managing, and recycling or composting the products after consumer use. In addition, the bill establishes (1) minimum percentages of products that must be reused, recycled, or composted; and (2) an increasing percentage of recycled content that must be contained in beverage containers. Beginning on January 1, 2023, the bill phases out a variety of single- use products, such as plastic utensils. The bill also sets forth provisions to encourage the reduction of single-use products, including by establishing programs to refund consumers for returning beverage containers and by establishing a tax on carryout bags. The bill creates a temporary moratorium on new or expanded permits for certain facilities that manufacture plastics until regulations are updated to address pollution from the facilities. The Environmental Protection Agency (EPA) must publish guidelines for a national standardized labeling system for recycling and composting receptacles. Producers must include labels on their products that are easy to read and indicate whether the products are recyclable, compostable, or reusable. The EPA must also ensure that certain clothes washers have filtration units as required by this bill. Finally, the bill establishes limitations on the export of plastic waste to other countries. Bill Summary: Last edited by Sarah Sapirstein at Aug 23, 2021, 6:03 PM Would reduce plastic production, increase recycling, and protect frontline and fenceline communities from the burden of toxic emissions from plastic waste by changing the incentives of the industry. The bill shifts the burden of cleanup to the corporations that produced the plastics. Would direct the U.S. Environmental Protection Agency (USEPA) to establish regulations to require covered manufacturers, as defined by the bill, to print clear and visible “Do Not Flush” labeling notice on product packaging. Eligible labeling protocol mirrors the protocols outlined in the state bill. As with the state bill, the “Do Not Flush” symbol is defined by the INDA and EDANA Guidelines for Assessing the Flushability of Disposable Nonwoven Products (Edition 4; May 2018). BFFPPA addresses pollution caused by microfibers from textiles and general microplastics through the water waste stream. The bill would establish a new grants program to support projects that reduce microfiber pollution through either improving industry and manufacturing best practices to reduce the generation of textile-based microfiber pollution or improve the filtration technology for textile- based microfiber pollution in washing machines and at wastewater treatment plants. The bill does not define an authorization amount for the program. The legislation would also create a separate USEPA pilot program to study the efficacy and cost effectiveness of tools, technologies, and techniques used to remove and prevent the release of microplastics into the environment. Under the program, studies will be conducted to test natural and green infrastructure, and mechanical removal systems and filtration technologies. The bill identifies eligible locations to carry out testing studies to include wastewater treatment facilities, stormwater systems, and drinking water systems. The bill does not define an authorization amount for this new pilot program. Introduction Date: 2021-03-26 Bill Number HR 2238 Last Action Referred To The Subcommittee On Environment And Climate Change 2021 03 29 Status In House Position Support Priority High Title Break Free From Plastic Pollution Act of 2021 Description Break Free From Plastic Pollution Act of 2021 This bill sets forth requirements and incentives to reduce the production of a variety of products and materials, including plastics, and increase efforts to collect, recycle, or compost products and materials. The bill makes certain producers of products (e.g., packaging, paper, single- use products, beverage containers, or food service products) fiscally responsible for collecting, managing, and recycling or composting the products after consumer use. In addition, the bill establishes (1) minimum percentages of products that must be reused, recycled, or composted; and (2) an increasing percentage of recycled content that must be contained in beverage containers. Beginning on January 1, 2023, the bill phases out a variety of single- use products, such as plastic utensils. The bill also sets forth provisions to encourage the reduction of single-use products, including by establishing programs to refund consumers for returning beverage containers and by establishing a tax on carryout bags. The bill creates a temporary moratorium on new or expanded permits for certain facilities that manufacture plastics until regulations are updated to address pollution from the facilities. The Environmental Protection Agency (EPA) must publish guidelines for a national standardized labeling system for recycling and composting receptacles. Producers must include labels on their products that are easy to read and indicate whether the products are recyclable, compostable, or reusable. The EPA must also ensure that certain clothes washers have filtration units as required by this bill. Finally, the bill establishes limitations on the export of plastic waste to other countries. Bill Summary: Last edited by Sarah Sapirstein at Aug 23, 2021, 6:03 PM Would reduce plastic production, increase recycling, and protect frontline and fenceline communities from the burden of toxic emissions from plastic waste by changing the incentives of the industry. The bill shifts the burden of cleanup to the corporations that produced the plastics. Would direct the U.S. Environmental Protection Agency (USEPA) to establish regulations to require covered manufacturers, as defined by the bill, to print clear and visible “Do Not Flush” labeling notice on product packaging. Eligible labeling protocol mirrors the protocols outlined in the state bill. As with the state bill, the “Do Not Flush” symbol is defined by the INDA and EDANA Guidelines for Assessing the Flushability of Disposable Nonwoven Products (Edition 4; May 2018). BFFPPA addresses pollution caused by microfibers from textiles and general microplastics through the water waste stream. The bill would establish a new grants program to support projects that reduce microfiber pollution through either improving industry and manufacturing best practices to reduce the generation of textile-based microfiber pollution or improve the filtration technology for textile- based microfiber pollution in washing machines and at wastewater treatment plants. The bill does not define an authorization amount for the program. The legislation would also create a separate USEPA pilot program to study the efficacy and cost effectiveness of tools, technologies, and techniques used to remove and prevent the release of microplastics into the environment. Under the program, studies will be conducted to test natural and green infrastructure, and mechanical removal systems and filtration technologies. The bill identifies eligible locations to carry out testing studies to include wastewater treatment facilities, stormwater systems, and drinking water systems. The bill does not define an authorization amount for this new pilot program. Introduction Date: 2021-03-25 Title To amend the Federal Water Pollution Control Act with respect to permitting terms, and for other purposes. Description This bill revises the National Pollutant Discharge Elimination System (NPDES) program. Under the program, the Environmental Protection Agency issues permits to discharge pollutants into waters of the United States. The bill extends the maximum term for NPDES permits issued to states or municipalities from 5 to 10 years. 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 Bill Number S 984 Last Action Read Twice And Referred To The Committee On Finance 2021 03 25 Status In Senate Position Support Priority High 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 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. Bill Summary: Last edited by Sarah Sapirstein at Feb 16, 2021, 3:28 PM Increases the authorization level for the Title XVI Program to $500 million from the current $50 million and makes it a permanent program. The bill strikes requirement that projects must be in drought or disaster areas and strikes the requirement that the projects need to be designated in an appropriations legislation. Introduction Date: 2021-02-11 Title 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. 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 Bill Number HR 1015 Last Action Referred To The Subcommittee On Water Oceans And Wildlife 2021 03 15 Status In House Position Support Priority High Priority: Medium (1) Bill Number HR 1352 Last Action Referred To The Subcommittee On Conservation And Forestry 2021 04 05 Status In House Position Monitor Priority Medium Priority: None (2) Title COMPOST Act Bill Summary: Last edited by Sarah Sapirstein at Aug 23, 2021, 6:07 PM Creates a new Environmental Protection Agency (EPA) administered grant program for state, local, tribal, and territorial governments and for nonprofits, which would offer three types of grants: planning grants, measurement grants, and reduction grants. Program would be authorized at $200 million for each of the fiscal years 2021-2031. Introduction Date: 2021-07-16 Title CLEAN Future Act Description Climate Leadership and Environmental Action for our Nation’s Future Act or the CLEAN Future Act This bill creates requirements and incentives to reduce emissions of greenhouse gases. The bill establishes an interim goal to reduce greenhouse gas emissions to at least 50% below 2005 levels by 2030 as well as a national goal to achieve net-zero greenhouse gas emissions by 2050. Each federal agency must develop a plan to achieve the goals. Beginning in 2023, retail electricity suppliers must provide an increasing percentage of electricity that is generated without the release of greenhouse gases into the atmosphere (zero-emission electricity). By 2035, the suppliers must provide 100% zero-emission electricity or demonstrate alternative means of compliance. For example, the suppliers may buy credits under a trading program that allows entities to buy, sell, and trade credits to demonstrate compliance. The bill also establishes a variety of requirements, programs, and incentives to reduce or eliminate greenhouse gas emissions by * modernizing the electric grid and supporting clean energy microgrids; * increasing the use of renewable energy and advanced nuclear power technologies; * increasing energy efficiency in buildings, homes, and appliances; * supporting clean transportation, including electric vehicles and related charging infrastructure; * issuing greenhouse gas standards for certain vehicles, engines, and aircraft; * promoting manufacturing and industrial decarbonization, including through buy-clean programs; * supporting environmental justice efforts; and * reducing methane, plastics, and super pollutants. 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 Bill Number HR 4443 Last Action Referred To The Subcommittee On Conservation And Forestry 2021 08 11 Status In House Position None Priority None Bill Number HR 1512 Last Action Referred To The Subcommittee On Environment And Climate Change 2021 03 03 Status In House Position None Priority None Powered by FiscalNote 1 | P a g e M E M O R A N D U M To: Orange County Sanitation District From: Townsend Public Affairs Date: October 18, 2021 Subject: Monthly Legislative Report State Legislative Update September 10 marked the final night of the 2021 legislative session. This year’s final night starkly contrasted with previous sessions. Instead of chambers marred by disruptive protests and partisan-fueled drama, the Legislature adjourned hours before midnight after a day of frequent pauses, as both chambers took numerous recesses. Most major issues had been decided and passed with the weekly waves of budget bills and budget trailer bills over the summer and in the month since summer recess. Nevertheless, the Legislature decided the fate of a number of bills important to local governments in its final days of session. Of the 2,776 bills introduced this year, 1,104 made it to the Governor’s desk. Before the deadline of October 10, the Governor signed 1038 bills and vetoed 66 bills. The Newsom Administration has been focused on the implementation of the California Comeback Plan through significant budget allocations to both accelerate the State’s recovery from the pandemic and tacking persistent challenges. Part of the $100 billion plan has included over $20 billion in housing and homelessness investments, with the goal of producing 84,000 homes. Other investments include a climate resiliency package and stimulus payments to the State’s vulnerable residents. Below is an overview of a few of the bills the Governor has signed into law, organized by issue area: The 31-Bill Housing Production and Accountability Package Just shy of a week after the Legislature’s adjournment, Governor Newsom signed the first round of housing and land use reform bills, which included SB 8 (Skinner), which extends the Housing Crisis Act of 2019, SB 9 (Atkins), which requires the ministerial approval of urban lot splits and two-unit developments on single-family zoned parcels, and SB 10 (Wiener), which authorizes local governments to zone any parcel up to 10 units via ordinance. After the enactment of the first round of housing and land use bills, the Governor signed a 27-bill package to further address the state’s housing crisis, with more focus on accountability and enforcement as it pertains to development goals. The bills included in this package include AB 215 (Chiu), which increases enforcement within The Department of Housing and Community Development (HCD) and housing element transparency standards, AB 602 (Grayson), which increases the transparency of impact fees through revised nexus study requirements, and SB 478 (Wiener), which prohibits local governments from imposing certain floor area ratio standards on specified housing projects. T WNSEND PUBL C AFFAIRS EST TPA 19 8 2 These highly contentious bills mark significant, top-down changes to the state’s housing production, accountability, and land use standards, with each of these bills representing renditions of bills that have attempted to pass the policy committee process for years but have previously failed. Climate Resiliency Investments and Legislation Package In addition to the Administration’s investments in housing production and the Governor’s signing of the housing package, Governor Newsom announced his signing of a climate resiliency package, outlining investments in wildfire and forest resilience, drought response, and combatting sea level rise. Bills a part of this package include SB 170 (Skinner) and SB 155 (Committee on Budget and Fiscal Review), which provide a combined $14.5 billion for climate resiliency and environmental quality related issues. SB 155 contains $200 million in continuously appropriated funds to CalFire for fire prevention programs. SB 170 includes significant funding to bolster the state’s organic waste infrastructure, which includes grants to help local governments implement upcoming SB 1383 organic waste regulations. In addition to these investment bills, the Governor also signed wildfire and forest resiliency legislation like Senator Dodd’s SB 109, which creates the Office of Wildfire Technology Research and Development at CAL FIRE to evaluate emerging firefighting technology. Additionally, the funding package includes $3.7 billion for climate resiliency to combat issues such as extreme heat and sea level rise, which will be complimented by legislation like Senate Pro Tem Atkins’ SB 1, which establishes the California Sea Level Rise Mitigation and Adaptation Act to help coordinate and fund state efforts to prepare for sea level rise. Labor and Pensions Governor Newsom also implemented a major change to public agency responsibilities to CalPERS by signing SB 278 (Leyva) into law. SB 278 requires public agencies and schools to directly pay retirees and/or their beneficiaries disallowed retirement benefits using general fund and Proposition 98 dollars. The bill places 100% of the total liability for overpayments on public agencies, abdicating all responsibility previously held by CalPERS. Despite any existing memoranda of understanding between employers and employees on what guides pensionable compensation, this new law significantly alters public agency contributions by shifting liability away from the retirement system administration and onto public agencies. Modified Brown Act Requirements In Place During the pandemic, Governor Newsom issued an executive order temporarily permitting local agencies to meet remotely and bypass the Brown Act’s various requirements regarding the public’s access to meetings’ physical locations. The executive order’s provisions were set to expire September 30, until the Legislature passed, and the Governor signed, AB 361 (R. Rivas), which allows exemptions to some of the requirements related to Brown Act meetings held by teleconference during a state of emergency that makes it unsafe to meet in person. AB 361 went into effect October 1, 2021 and will last until its sunset in 2024. Due to the legislation’s potential to last longer than previously enacted executive orders, key differences between the two include the new requirement that local agencies reassess and recertify the conditions constituting an emergency every 30 days while meeting remotely to be in compliance. The enactment of this critical Brown Act flexibility legislation will ensure that local agencies can continue to meet remotely and will serve as precedent for future emergencies. 3 COVID-19 Regulations Cal/OSHA Releases New Draft Requirements Until January 14, 2022, California employers are beholden to state and local COVID-19 requirements, as well as Cal/OSHA’s COVID Emergency Temporary Standards (ETS). However, in September, Cal/OSHA released a draft of semi-permanent COVID-19 standards that are set to guide future pandemic emergencies. The draft proposal would create new standards that would be subject to either renewal or expiration after two years. Key differences between the current ETS and new draft standards include requiring employers to address COVID-19 through their Injury and Illness Prevention Program (IIPP), requiring employers to adopt more stringent testing protocols in the event of employee infection, and eliminating the requirement of exclusion pay for employees who are excluded from the worksite to quarantine, among other procedural changes. The draft regulations will likely have numerous administrative hurdles to clear before replacing the existing ETS. Vaccine Mandate for Healthcare and State Employees With regard to the implementation of the Department of Public Health’s vaccine mandate for healthcare and state workers, September 30 marked the final day for all facilities to be in compliance. This comes after nearly a month and a half of lead time for the identified employees to receive their first dose of a one-dose regimen or their second dose of a two-dose regimen. Upcoming Vaccine Mandate For Students and School Employees In addition to the above workplace and vaccine regulations, the Governor recently announced his plans require all school employees and students be vaccinated, following full FDA approval of existing vaccines. The requirements are set to be established by forthcoming regulations from the California Department of Public Health. Students will be required to be vaccinated for in-person learning starting the school term following FDA full approval (meaning either January 1st or July 1st) of the vaccine for their grade span. Given that the vaccine is now only eligible to be administered to individuals aged 12 and older, the mandate will first apply to students within the applicable age range and will later apply to younger students once the vaccine becomes available to younger age ranges. In addition to students, all school staff will be required to be vaccinated no later than when the requirement takes effect for students aged 12 and older. The mandate will be a condition of in-person attendance and employment for all pupils and employees of any private or public elementary or secondary school. 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. Signed into law 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]Would, until December 31, 2023, require all open and public meetings of a city council or a county board of supervisors that governs a jurisdiction containing least 250,000 people to include an opportunity for members of the public to attend via a telephonic option or an internet-based service option. The bill would require all open and public 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 or an internet-based service option, as provided. Vetoed Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - Oppose LOCC - Oppose CASA - Watch CSDA - Oppose ACWA - Oppose Proposed Legislation 2021-2022 High Priority OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION 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 of emergency 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 determines, by majority vote, that meeting in person would present imminent risks to the health or safety of attendees. Signed into law 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. Two-Year Bill 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. Two-Year Bill 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]Current law requires a city, county, or special district that has an internet website to make available on its internet website certain information, as applicable, including its current schedule of fees and exactions. This bill, among other things, would 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, an impact fee nexus study be adopted, (2) that the study identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is necessary, and (3) if the study is adopted after July 1, 2022, either calculate a fee levied or imposed on a housing development project proportionately to the square footage of the proposed units, or make specified findings explaining why square footage is not an appropriate metric to calculate the fees. 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 - 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. Two-Year Bill 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. Signed into law Watch State Priorities: Monitor state legislation as well as State Water Resources Control Board (SWRCB) regulatory activity related to PFAS. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - NYC ACWA - NYC OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION 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. Two-Year Bill 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. Two-Year Bill 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. Signed into law 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. Two-Year Bill 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, 2023, 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 require a manufacturer to use the least toxic alternative when replacing PFAS chemicals. 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. Signed into law 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. Two-Year Bill 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]Current 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. Two-Year Bill 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. Two-Year Bill Oppose Legislative and Regulatory Policies: Water Quality and Supply - Support legislation and regulation that promote improved water use efficiency through state assistance in evaluating and implementing new programs and technologies and increasing public awareness of water use efficiency. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - No Position ACWA - Oppose AB 1500 E. Garcia [D]Would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2022, which, if approved by the voters, would authorize the issuance of bonds in the amount of $6,700,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, and workforce development programs. Did not move forward in 2021 Watch Guiding Principles: Seek funds for OCSD projects through grants, appropriations, or other means. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Support if Amended ACWA - Support if Amended SB 45 Portantino [D]Would enact the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2022, which, if approved by the voters, would authorize the issuance of bonds in the amount of $5,510,000,000 pursuant to the State General Obligation Bond Law to finance projects for a wildfire prevention, safe drinking water, drought preparation, and flood protection program. Includes $100 million. Did not move forward in 2021 Watch Guiding Principles: Seek funds for OCSD projects through grants, appropriations, or other means. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Support if Amended ACWA - Support if Amended SB 54 Allen [D]Would establish the Plastic Pollution Producer Responsibility Act, which would prohibit producers of single-use, disposable packaging or single-use, disposable food service ware products from offering for sale, selling, distributing, or importing in or into the state such packaging or products that are manufactured on or after January 1, 2032, unless they are recyclable or compostable. Two-Year Bill Watch State Priorities: Support legislation or regulations that restrict the use of microplastics in any product that is disposed of through the sewer system. 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]Would authorize a municipal wastewater agency, as defined, to enter into agreements with entities responsible for stormwater management for the purpose of managing stormwater and dry weather runoff, to acquire, construct, expand, operate, maintain, and provide facilities for specified purposes relating to managing stormwater and dry weather runoff, and to levy taxes, fees, and charges consistent with the municipal wastewater agency’s existing authority in order to fund projects undertaken pursuant to the bill. The bill would require the exercise of any new authority granted under the bill to comply with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. The bill would require a municipal wastewater agency that enters into or amends one of these agreements after January 1, 2022, to file a copy of the agreement or amendment with the local agency formation commission in each county where any part of the municipal wastewater agency’s territory is located, but would exempt those agreements and amendments from local agency formation commission approval except as required by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. 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 - 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 email 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. 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 - 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. 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 - Support CASA - Watch CSDA - Support ACWA - Sponsor OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS 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. Two-Year Bill Watch Legislative and Regulatory Policies: Air Quality - Monitor SCAQMD’s development of regulations and guidelines associated with AB 617 in the following areas: (1) implementation of best available retrofit control technology (BARCT) requirements for existing stationary sources; (2) deployment of air monitoring systems in selected communities; and (3) implementation of emissions reduction plans in selected communities. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Watch ACWA - Watch 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. Two-Year Bill 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. Two-Year Bill 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 OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 791 Cortese [D]Would, upon appropriation by the Legislature, establish the California Surplus Land Unit within the Department of Housing and Community Development with the primary purpose of facilitating the development and construction of residential housing on local surplus property, as defined. In this regard, the bill would authorize the unit to, among other things, facilitate agreements between housing developers and local agencies that seek to dispose of surplus land; 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; and collaborate with specified state agencies to assist housing developers and local agencies with obtaining grants, loans, tax credits, credit enhancements, and other types of financing that facilitate the construction of housing on surplus land. Two-Year Bill 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 Proposition 1 IRWM Grant 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; and Improving regional water self-reliance, while reducing reliance on Sacramento-San Joaquin Delta. with $7.18 Million from this total designated for North and Central Orange County.TBD TBD TBD No Projects Currently Identified We will review the possible funding opportunity to determine if it is a fit for the Sanitation District. TBD Notice will become officially available October 2021 Water TBD Organics Grant Program (CalRecycle) The grant program is to lower overall greenhouse gas emissions by expanding existing capacity or establishing new facilities in California to reduce the amount of California- generated green materials, food materials, and/or Alternative Daily Cover being sent to landfills. 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 Zero-Emission Freight and Marine Program Solicitation California Air Resources Board/Volkswagen Environmental Mitigation Trust Assisting water infrastructure systems adapt to climate change;Up to $423 million NA No Forklift Replacement We did not meet the requirements of the grant.Yes 6/16/2021 Environment No CalOES Grant- Community Power Resiliency Allocation to Special Districts Program Providing incentives throughout each watershed to collaborate in managing the region's water resources and setting regional priorities for water infrastructure; and $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 Improving regional water self-reliance, while reducing reliance on Sacramento-San Joaquin Delta.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 STATE Updated 10/12/2021 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 Economic Development Administration Funding provided under the American Rescue Act of 2021. The available funding will help communities and regions devise and implement long-term economic recovery strategies through a variety of non-construction and construction projects to assist communities and regions impacted by the coronavirus pandemic. $5 million for construction and non-construction related activities related to COVID-19.TBD TBD. We have not identified any available projects at this time TBD We will apply if this grant comes to fruition and if we meet the eligibility TBD 3/1/2022 COVID-19 TBD Special District COVID-19 Relief Funds. Department of Finance The 2021 Budget Act appropriated $100 million one-time General Fund to provide fiscal relief to independent special districts for revenue losses and or unanticipated costs incurred due to the COVID-19 public health emergency. Funds are reserved for districts that have not received other forms of COVID-19 fiscal relief directly from the state or federal government. https://dof.ca.gov/budget/COVID- 19/Fiscal_Relief_for_Special_Districts/ $100 million one-time General Fund NA No did not meet the requirements. Must have a revenue loss and an unintended loss. COVID - 19 Funding for loss related to the Pandemic.Did not meet the funding requirements NA 10/15/2021 Infrastructure No FEMA Building Resilient Infrastructure and Communities (BRIC) For FY2021, the priorities for the program are to incentivize natural hazard risk reduction activities that mitigate risk to public infrastructure and disadvantaged communities $500,000 NA No P1-137 - Supports Buildings Seismic Improvements at Plant No. 1 Available projects did not meet the criteria of the grant. Not shovel ready The cost share for this program is 75% federal/25% non- federal. Jan. 28, 2022 Climate Resiliency/Infrastructure No Hazard Mitigation Grant Program (HMGP) Notice of Interests (NOIs) must be submitted prior to application, and can be submitted anytime. Once a disaster is declared, a deadline will be set for that particular round of funding. A new declaration is expected. TBD TBD Yes P1-137 - Supports Buildings Seismic Improvements at Plant No. 1 Will be submitting an NOI if we meet the requirements N/A Submitting subapplications to FEMA for DR-4482 is August of 2022. Climate Resiliency/Infrastructure NA 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 FEDERAL Updated 10/12/2021 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 Department of Health and Human Services Department of Health and Human Services is in the process of allocating approximately $116 million to the state to provide agencies with assistance to cover arrearages. $116 million TBD TBD COVID - 19 Funding We will apply if this grant comes to fruition and if we meet the eligibility TBD TBD COVID-19 TBD 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.Match Cost Share TBD Infrastructure TBD 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 Updated 10/12/2021 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 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 10/12/2021 11/1/2021 1 November 8, 2021 Page 1 Infrastructure Funding FY 2022 appropriations PFAS/PFOA Page 2 1 2 11/1/2021 2 Vote on H.R. 3864 (hard infrastructure) and H.R. 7356 (soft infrastructure) Implementation Funding Opportunities Page 3 Senate Committee Releases Final Bills Senate Funding Levels Lower Negotiations on Omnibus Package December 3rd Deadline Page 4 3 4 11/1/2021 3 EPA Releases Action Plan Conducting Risk Assessment—Biosolids Testing Protocols Likely in Months Congress Senate Testimony on PFAS EPA Rejects Liability Concerns Legislation Likely 2022 Page 5 Questions Page 6 5 6 11/1/2021 1 WWW.TOWNSENDPA.COM SACRAMENTO • WASHINGTON, DC NORTHERN CALIFORNIA • CENTRAL CALIFORNIA • SOUTHERN CALIFORNIA TPA Presentation to: Legislative and Public Affairs Committee November 8, 2021 Slide 2 Legislative Calendar •Legislative Session ended September 10 •Governor had until October 10 to sign or veto legislation – 2,776 bills introduced – 1,104 bills passed the Legislature – Governor signed 1,038 bills and vetoed 66 •Legislature will return in January 2022 1 2 OC6 SAN ORANGE COUNTY SANITATION DISTRICT 11/1/2021 2 Slide 3 Key State Issues in 2021 Housing Brown Act/Local Governance Flexibility Municipal Broadband Wildfire Prevention and Intervention Economic Recovery Slide 4 State Look Ahead Election Year “Swing Space” Office Building Redistricting Vaccine Mandates 2022 Ballot Measures 3 4 11/1/2021 3 Slide 5 Cori Takkinen Vice President CTakkinen@townsendpa.com www.townsendpa.com Eric O’Donnell Senior Associate EODonnell@townsendpa.com www.townsendpa.com Thank You 5 OC ~SAN T ORANGE COUNTY SANITATION DISTRICT WNSEND PUBLIC AFFAIRS EST TPA 1 98 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1935 Agenda Date:11/8/2021 Agenda Item No:4. FROM:James D. Herberg, General Manager SUBJECT: PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF SEPTEMBER AND OCTOBER 2021 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the months of September and October 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 11/1/2021Page 1 of 3 powered by Legistar™ OC6SAN ORANGE COUNTY SANITATION DISTRICT File #:2021-1935 Agenda Date:11/8/2021 Agenda Item No:4. RAMIFICATIONS OF NOT TAKING ACTION If we do not educate the community,local agencies,and area businesses about OC San,we may not have the support necessary to deliver our mission. ADDITIONAL INFORMATION ACTIVITIES FOR THE MONTHS OF SEPTEBMER AND OCTOBER 2021 Virtual Tours To continue engaging with the community and our stakeholders,staff conducts virtual tours of the Plant which has allowed participants an opportunity to remotely visit OC San and learn how we protect public health and the environment.For this reporting period,we held five virtual tours reaching 86 people. Presentations During this reporting period,OC San had six speaking engagements.Presentations were provided to Orange County Business Council,California Alliance for Sewer System Excellence (CASSE)on the Elements of a Successful Odor Control Program,Mentoring for Women in Water,UC Irvine on Monitoring for Contaminants of Emerging Concern,US Green Building Council-LA on Reusing and Rethinking Water,Rossmoor Community Services District on the Los Alamitos Trunk Sewer Project, and OC San’s Board Chair provided remarks at OCWD’s PFAS event for elected officials. Member Agency Outreach Toolkit - FOG On a quarterly basis,OC San prepares and distributes outreach toolkits to our member agencies with messaging to be shared with the community.Earlier this month,a toolkit featuring Fats,Oils,and Grease (FOG)was shared to help inform our public about the proper disposal methods.FOG can lead to serious plumbing and operational issues which makes it critical to inform the community on the risks and how they can help avoid costly situations.The toolkit includes messaging for websites, newsletters, and social media. Construction Outreach Efforts ·Outreach efforts are underway for the Los Alamitos Trunk Sewer construction project taking place in Los Alamitos, a small section of Cypress, and surrounding areas of Rossmoor. The project is taking place on major arterials in the area and keeping the public informed is key to a smooth project start-up. Construction notifications, text alerts, email alerts, web updates, social media posts, city newsletters updates, and presentations, have all been done to alert the public about the project and the value of the work being performed. Further details on the project can be found at www.ocsan.gov/LosAlamitos <http://www.ocsan.gov/LosAlamitos>. ·The Westminster Blvd. Sewer project has been ongoing since spring 2020, replacing parallel sewer pipe in the cities of Seal Beach and Westminster. To keep the community informed of ongoing construction activities and schedule, a project specific neighborhood newsletter was distributed. The newsletter and additional project details can be found at www.ocsan.gov/Westminster <http://www.ocsan.gov/Westminster>. Orange County Sanitation District Printed on 11/1/2021Page 2 of 3 powered by Legistar™ File #:2021-1935 Agenda Date:11/8/2021 Agenda Item No:4. Community Engagement ·OC San is working with the Heritage Museum of Orange County for the 2021-22 school year to provide virtual content that focuses on OC San messaging.The material is intended to be used by teachers to discuss with the students the importance of the work performed by OC San.Topics that will be highlighted are Who is OC San,What 2 Flush,the wastewater treatment process,and a wastewater flow interactive activity.This will be a mixture of virtual programming for the first year and an in-person program for the second year.Schools and the community will be able to access the OC San content through the Heritage Museum educational portal with an estimated reach of 6,000 students per year. ·The community newsletter that previously went to our neighboring cities of Huntington Beach, Newport Beach, Costa Mesa, and Fountain Valley will be expanded to OC San’s entire service area. The first service area community newsletter will be published in early November. The electronic newsletter will be shared with our member agencies, influential public, and via our social media platforms. The newsletter features articles on our Capital Improvement Program (CIP), FOG, and our overall operations. The newsletter will be available at www.ocsan.gov <http://www.ocsan.gov>. Vendor Outreach Program OC San is relaunching the Vendor Outreach Program with a focus on Orange County businesses to enhance the competitive bidding opportunities for OC San.The intent is to increase the number of vendors and contractors soliciting OC San projects,thus expanding the pool and providing a greater variety of partners.To generate interest on OC San bidding opportunities,OC San presented at the Orange County Business Council (OCBC)Infrastructure Committee,the Board Chair and Lucy Dunn from OCBC have drafted a joint Op-Ed on OC San’s CIP,and several website and social media posts have been made about OC San’s CIP projects.Staff is currently preparing to host vendor workshops to take place in early 2022. Awards OC San's IT Department was selected by the Municipal Information Systems Association of California (MISAC)for the Excellence in Information Technology Practices award.This award recognizes outstanding practices in Information Technology that have met or surpassed local government standards. This is the 14th year in a row our IT Team has won this award. ATTACHMENT 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 - September & October 2021 ·Presentation Orange County Sanitation District Printed on 11/1/2021Page 3 of 3 powered by Legistar™ Outreach and Media Summary September & October 2021 O C SAN P u b l i c A f f a i r s O f f i c e OC ~SAN ORANGE COUNTY SANITATION DISTRICT Table of Contents OUTREACH REPORT…………………………………………………………PAGE 1 FACEBOOK POSTINGS ……………………………………………...............PAGE 3 TWITTER POSTINGS …………………………………………………………PAGE 7 INSTAGRAM POSTINGS………………………………………………………PAGE 9 LINKEDIN POSTINGS………………………………………………………....PAGE 11 NEWS ARTICLES……………………………………………………………………………. PAGE 14 Outreach Report September and October 2021 Date Tours Attendees Tour Guide 09/09/2021 Cal State Fullerton Nursing 12 Cortney Light 09/09/2021 Cypress College 23 Justin Fenton 09/09/2021 Cypress College 16 Dickie Fernandez 10/13/2021 University of Irvine 35 Pegah Behravan 10/23/2021 New Employee Tour 30* Jim Herberg/ Rob Thompson *These events have not occurred at time of this report, therefore # of attendees is estimated. Date Speaking Engagements/Events Attendees Presenter 09/14/2021 Orange County Business Council 50 Jim Herberg 09/30/2021 US Green Building Council- LA Thought Leadership Series 90 Rob Thompson 09/30/2021 CASSEE: Elements of a Successful Odor Control Program 20 Brian Reed 10/12/2021 Rossmoor Community Services District 15 Kathy Millea 10/13/2021 Mentorship for Women in Water 150 Violet Renick 10/15/2021 University of Irvine 30 Violet Renick Project Area Construction Outreach Notifications # of People Reached Website Posts and Text Alerts Anaheim printed notification 1,800 3 website posts Los Alamitos/ Seal Beach/ Rossmoor printed notification 11,000 2 website posts/ 2 text alerts/ 2 emails Westminster Printed notification 1,500 3 website posts / 2 text alerts External Communications Distribution # of People Reached 5 Minutes Per Month 2 434 Board Member Talking Points 2 100 Community Newsletter Service Area 4500 Website Posts 12 posts 154 views Facebook 19 posts 2.3k reached 1 Twitter 28 tweets 6.8k reached Instagram 18 posts 3.6k likes LinkedIn 4 posts 1,829 people 2 Facebook Posts Sept. – Oct. 2021 3 I I Page Overview Discovery 0 Post Reach 1,251 ••• Post Engagement 217 ·-· ti New Page Followers 4 Interactions • Reactions 80 .. Comments 5 ,. Shares 22 ,~ Photo Views 21 ... Link Clicks 14 4 OCSan t Did You Know? " -·-~ On Oct. 27 the Steering Committe Meeting {4:30 p.m.) and Board Meeting (6 p.m) will take place. Click here to view the calendar: Wed, Oct 20 Here are some fun facts about OC San! Swipe through to learn a litle more about us! To learn more visit ocsan.gov/about-us Wed, Oct 20 Its been awhile since we've done some #TuesdayTrivia ..... Did you get the answer right? ....................... About 70% Tue, Oct 19 Reminder, construction starts tonight! City of Los Alamitos Rossmoor Community Services District Rossmoor Sun, Oct 17 We're proud of you too! Learn about all the other things that shouldn't go down your sink at what2flush.com or ocsan.gov Sun, Oct 17 Construction Alert in City of Los Alamitos -work is starting Sunday night at Lexington Dr. Stay in the know by signing up for alerts at www.OCSan.gov/LosAlamitos ... Thu, Oct 14 Great news for your pipes and ours. A new California law just passed {AB 818 requiring all wet wipes packages to include a "Do Not Flush" symbol (pictured above) and ... Wed, Oct 13 Very excited to see this happen ... remember, only flush the 3 Ps. Pee, poop, and (toilet) paper! Mon, Oct 11 Ever wanted to work at a wastewater treatment plant? Now's your chance! Visit ocsan.gov/jobs to learn more about our current open positions. #OCSanJobs #CareersinWastewater Mon, Oct 11 Construction Alert @cityofwestminsterca -Work is starting on the intersection of Westminster Blvd. and Rancho Road on the week of October 11. Sign up for email and text alert ... Sat, Oct 9 Did this week go by in a flash for you too? It sure did for us, this is us taking a quick break to remind you that everything you flush ends up with us. Make sure you're only putting ... Fri, Oct 8 Post Reach Engagement 45 2 Post Reach Engagement 86 4 Post Reach Engagement 92 4 Post Reach Engagement 101 3 Post Reach Engagement 136 6 Post Reach Engagement 356 20 Post Reach Engagement 134 11 Post Reach Engagement 87 4 Post Reach Engagement 227 17 Post Reach Engagement 207 10 Post Reach Engagement 138 13 5 The Administration Committee Post Reach Engagement Meeting is happening on 34 1 Wednesday, October 13 at 5 ... Wed, Oct6 The OC San Board of Director Post Reach Engagement Meeting is happening on Oct. 5 67 1 at 5 pm and the Operations ... Tue, Oct 5 From operator, scientist, Post Reach Engagement accountant, and so much more. 87 37 We are OC San Wastewater ... Tue, Oct 5 We do our part and we ask you Post Reach Engagement NOTO~ to do yours. By not dumping 127 6 fats, oils, or grease down you ... Sat, Oct 2 Construction is set to begin in a Post Reach Engagement couple of weeks in City of Los 128 8 Alamitos-get all the details a ... Fri, Oct 1 The CIP Annual Report is ready Post Reach Engagement for your eyes to see! Visit 109 9 ~-=--=--:--ocsan.gov and be transporte ... Thu, Sep 30 Construction Alert City of Post Reach Engagement Anaheim-Municipal 141 5 Government -striping along ... Wed, Sep 29 Theres still time! OC San has Post Reach Engagement an opening for the 90 3 Environmental Protection ... Tue, Sep 28 If you havent yet, we'd Post Reach Engagement recommend heading over to 96 3 ocsan.gov/jobs right away to ... Mon, Sep 27 Although we are all about the Post Reach Engagement sewer system, some properties 504 19 in Orange County are still on ... Thu, Sep 23 6 Construction a.lert for City of Post Reach Engagement Anaheim-Municipal 130 5 Government and Cityof... Wed, Sep22 Don't forget to join us on Post Reach Engagement Wednesday, Sept. 29 for a 64 2 Special Steering Committee ... Wed, Sep22 Today we'd like to show our Post Reach Engagement gratitude to our amazing I.T. 151 11 Department, in recognition of ... Tue , Sep 21 Happy National Beach Clean Up Post Reach Engagement Day! Whether you're in 79 2 Huntington, Newport, Seal. .. Sat. Sep 18 Construction alert for City of Post Reach Engagement Anaheim-Municipal 69 1 Government. Heavy traffic on ... Fri, Sep 17 Its been awhile since we shared Post Reach Engagement a good #WaybackWednesday 200 18 photo. Here is this gem our ... Wed, Sep 15 Its Post Reach Engagement #ConstructionAppreciationWee 86 9 k so let's hi five our talented ... Tue , Sep 14 --Construction alert for City of Post Reach Engagement Anaheim-Municipal 80 1 Government-final paving on ... Mon. Sep 13 9/11 is a day of remembrance Post Reach Engagement and how hope, resilience and 97 7 unity lifted us up as a nation i. .. Sat, Sep 11 Twitter Posts Sept.- Oct. 2021 7 I I ~SAi, l#M❖leiiiMi,i·- ---~ Orange County Sanitation District ,taes""'""'"' 28 day summary W1tl1cllangeoverpreV1oospenod -Tweet~ 16 ,l,15.8% 5,221 1'46.7% Oct 2021 • 20 days so , ..... T'W'EET HIGHL lVHTS Top Tweet eamed 2.os2 ,mp<ess1ons Great news for your pipes and ours. A new California law just passed (AB 818 requiring all wet wipes packages to include a ·oo Not Flush" symbol & warning on each individual package. This new symbol will make it clear that wipes are not flushable. #3Ps @CASA_CleanWater pic.twrtter.com/DFlrNN03tV View lweet activity View all Tweet actMty Top Follower rollawed 11y 2.405 people WAXIE Sanitary Supply, An Envoy SdlutlohS C!~";" we help busanesses keep their 1acat1t1es cleaner, healthier. gceer,er & safer, WAXIE 5anitary Supply -The Most Trusted Name In Clean. Since 1945. Pfot.s.e vk."1.\ Menc1on-s 224 +69.2% 5 1'66.7% Top mention earned 6 engagements =r.!\ii Anthony Kuo N -mlhooykoo s..rr2 Congratulations to Aminah Rangwala, who was recently recognized by the @OCSanDistrict for producing a stop motion Public Service Announcement about the proper disposal of "FOG" or fats, oils, and grease. youtube.com/watch? v=M612RU ... #Irvine #fog #bacongrease View Tweet Top media Tweet earned 383 ,mp,essions From operator, scientist, accountant, and so much more. We are OC San Wastewater Professionals. To join the team visit ocsan.gov 1/WaterProfessionalsWeek #CAWaterWeek 1/EssentialWorkers #WeAreCAWater #ThankWaterPros #WorkForWater #WatersWorthlt poc.twitter.com/RwSiCTyGaB Paqaupdatet:1 daity ·~,.,...,, 1 ,726 1'2 Get your Tweets in front of more people P,omol(?d Tweets and comcm open up your reach on Twm.er to more people. l&iiii'iii-1 OCT 2021 SUMMARY T'M!et mpress,om 11 4,409 Prof YI~$ 179 3 New IOlloWefl; 1 I 8 Sep 2021 • 30 days TWEET MIC';H IGl-tTS Top Tweet earned 220 1mpress,ons Construction alert for @City of Anaheim . Heavy traffic on southbound State College Blvd. from La Palma to Lincoln, please use alternate routes. Traffic will be impacted until 7pm tonight. Thank you for your patience. Question call 657-208-7900. View Tweet activity Vlf?W all Twee! actMty Top Follower followed by 471 people ""GLOBAL NEWS • · WATER ._ N. _WASTEWATER H20Globa1News :iH·l20GlotMINt...,.,~ FOLLOWS VOIJ we delrver all the 1a1eS1 news from the world of water covering the Drinking!Potable Wata and Was1ewa1er industries. View profile Top mention earned g engagemonis -JWC Environmental -JWCmonsl~ r~ ~ Since many people seem to have forgotten their 3 P's, here's a clever reminder from the @OCSanDistrict .t. #nomorewipes #wipesclogpipes #muffinmonster #JWCEnvironmental ow.ly/EQ4C50Ggucx View TWect Top media Tweet earned 166 1mpresso0ns Happy Labor Day! Today is a day to celebrate the contributions of evey hard working individual near and far! We recognize the hard work every single member of the #OCSanFamily #HappyLaborDay In case of emergency call: (714)962-2411 pic.twiuer.com/XEkoj40m9R View lWeet activity Vie.wall Tweet acttv,ty SEP 2021 SUMMARY 20 Ptol~w.n.s M...- 741 5 Nt.-w IOlowcrr. 3 Instagram Posts Sept. – Oct. 2021 9 OCSan Did You Know? • MANAGER (SOURCE CONTROL) I ocsandistrict ..,,.., .. ,. O 693 postS 1,2.40 followers 83 follow ... OC Sanitation District The OC Sanrtanon Oislncl provides wastewater ~. treatment. aod recyciing tor approx 2.6 m1n10n people 1n central & north Orange CounfY. www.ocsan.gov :w,{; 0-GNLY 1..►..iAla,nllu,,,,. Trunk S,.tt.,.r P-J-• I• Starting Soon ... OJ TAGGED Capital Improvement Prograrr ANNUAL REPORT G>DIDYOU -······~"'!1 ...... .. ~··-.:·~= .::~ :::~::·. !:::::·: . ...... ·-··•·"'"• , ............. ~ ~ ... . ....... ..... ... , ......... , ..... , ... -........... ., ............. •If•< . ..... .... , ....... , ................ ~. I 10 C IT'S COI\ISTRUCTIOI\I APPRECIA TIOI\I WEEK!!! II C IT'S ALMOST LABOR DAY! fATE COLLEGE SEWER CONSTRUCTIC • P""'ng nlgl"O WO<lc Sept 7th 7 p.m. to 6 a.m. • DayWOf1<asea,tyas Sep< 7th.lasl lhrougt, 5epcembel, 2W.I ____ ..;Mon-Ffl, 8 a.m. to 5 p.m. IolleI oc.,. ___ .,..., • ..... r., ... ........,. ... •w.•.........-,-(7Wtll0 ~ LinkedIn Posts Sept.- Oct. 2021 11 I Analyt ics Last 30 day activity 340 Unique visitors 72 New followers 1.7K Post impressions Start a post 15 Custom button clicks Orange County Sanitation District _•SAN 3,374 followers ld·® ""63% ""89% ,.41% "'11% Great news for your pipes and ours. A new California law just passed (AB 818 requiring all wet wipes packages to include a "Do Not Flush" symbol (pictured above) and warning on each individual package. This new symbol will 1 .see more O s I 12 Orange County Sanitation District ~ 3,374 to·lov-.crs lv.•® The CIP A1111uol Report is ready for your eyes to see! Visit ocsan.gov a11d be transported into the world of the OC San Capital Improvement Program. #OCSanConstruction #OC.SanCIP We Can Do So Much Capital Improvement Program ANNUAL REPORT Fiscal Year 2020/21 0 fl' s· I comrrem Orange County Sanitation District ~ 3,374 fo IO\~('rs 2w•® There's still time! OC San has an opening for the Environmental Protection Manager -Source Control. The job posting closes on October 12. Head on over to ocsan.gov to appty. #Waste-watMJobs #Car@-erlnWastewater #OCSanJobs 0 4 • 1 coo,rr,~nt MANAGER (SOURCE CONTROL) Orange County Sanitation District 13 Orange County Sanitation District --'~ 3,374 followers 1mo•® Its #ConstructionAppreciationWeek so let's hi five our talented staff and contractors who make our projects happen so we can provide you all with reliable sewer service. Now check out some of our current construction projec1 ... see more 0 11 · 1 comment Article Date Resource Link State Report raises fresh alarms over sea- level rise 28-Aug-21 Orange County Register State report raises fresh alarms over sea- level rise – Orange County Register (ocregister.com) Why Groundwater flooding is becoming a serious threat to coastal cities as sea levels rise 16-Sep Orange County Register Why groundwater flooding is becoming a threat to coastal cities as sea levels rise – Orange County Register (ocregister.com) Why groundwater flooding is becoming a threat to coastal cities as sea levels rise 16-Sep-21 Press Telegram Why groundwater flooding is becoming a threat to coastal cities as sea levels rise – Press Telegram Nearby Sewer Construction will impact traffic 14-Oct-21 Leisure World Weekly https://www.lwweekly.com/eedition- lwweekly/ Effect of OC Oil Spill, Oil Subisdies highlight congressional hearing in Irvine 18-Oct-21 Orange County Register Effects of OC oil spill, oil subsidies highlight congressional hearing in Irvine – Orange County Register (ocregister.com) Portion of Huntington Harbous Closed after sewage spill 19-Oct-21 Orange County Register Portion of Huntington Harbour still closed after sewage spill Wednesday – Orange County Register (ocregister.com) Gov. Newsom Declares Drought Emergency 21-Oct-21 NBC 4 Gov. Newsom Declares Drought Emergency – NBC Los Angeles 14 11/1/2021 1 Public Affairs Update September & October 2021 Presented by: Daisy Covarrubias,  Pr. Public Affairs Spec.   Legislative and  Public Affairs  Committee November 8, 2021 •OC San Annual Report •Member Agency  Outreach Toolkit •Volunteer Incentive  Program (VIP) Recognition •Construction Updates •Heritage Museum What We Did Tours 5 tours / 86 guests 6 speaking engagements Social Media Twitter: 28 tweets / 6.8k reached Facebook: 19 posts / 2.3k reach Instagram: 18 posts / 3.6k likes LinkedIn: 4posts/ 1.8k reached 2 1 2 C IJ~fffl 11/1/2021 2 What We Are Doing 3 •Community Newsletter  •Vendor Outreach Program •Construction Outreach •Westminster  •Los Alamitos  •Internal Communications  •Holiday Celebration  Excellence in Information Technology Practices award from Municipal Information Systems Association of California Awards 4 3 4 g z: a MISAC Los Ahunltos Trunk Sewer Project Construction Has Started ... 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Octobar2021-....... y2022 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.