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HomeMy WebLinkAbout07-24-2024 Steering Committee Meeting Complete Agenda Packet SPECIAL NOTICE PUBLIC ATTENDANCE & PARTICIPATION AT PUBLIC MEETINGS Steering Committee Meeting Wednesday, July 24, 2024 5:00 p.m. 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. IN-PERSON MEETING ATTENDANCE You may attend the meeting in-person at the following location: Orange County Sanitation District Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 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. 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: 583 243 496# 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. WATCH THE MEETING ONLINE The meeting will be available for online viewing at: https://ocsd.legistar.com/Calendar.aspx SUBMIT A COMMENT 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. For any questions and/or concerns, please contact the Clerk of the Board’s office at 714-593-7433. Thank you for your interest in OC San! July 17, 2024 NOTICE OF REGULAR MEETING STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT Wednesday, July 24, 2024 – 5:00 P.M. Plant No. 1 Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 ACCESSIBILITY FOR THE GENERAL PUBLIC Your participation is always welcome. Specific information as to how to participate in this meeting is detailed on the Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during this meeting: you may participate in person, 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. The Regular Meeting of the Steering Committee of the Orange County Sanitation District will be held at the above location and in the manner indicated on Wednesday, July 24, 2024 at 5:00 p.m. STEERING COMMITTEE & BOARD MEETING DATES August 28, 2024 September 25, 2024 October 23, 2024 November 20, 2024 * December 18, 2024 * January 22, 2025 February 26, 2025 March 26, 2025 April 23, 2025 May 28, 2025 June 25, 2025 July 23, 2025 * Meeting will be held on the third Wednesday of the month ROLL CALL STEERING COMMITTEE Meeting Date: July 24, 2024 Time: 5:00 p.m. COMMITTEE MEMBERS (7) Ryan Gallagher, Board Chair Jon Dumitru, Board Vice-Chair Pat Burns, Operations Committee Chair Christine Marick, Administration Committee Chair Glenn Grandis, Member-At-Large Chad Wanke, Member-At-Large John Withers, Member-At-Large OTHERS Scott Smith, General Counsel STAFF Rob Thompson, General Manager Lorenzo Tyner, Assistant General Manager Jennifer Cabral, Director of Communications Mike Dorman, Director of Engineering Laura Maravilla, Director of Human Resources Riaz Moinuddin, Director of Operations & Maintenance Wally Ritchie, Director of Finance Lan Wiborg, Director of Environmental Services Kelly Lore, Clerk of the Board ORANGE COUNTY SANITATION DISTRICT Effective 01/23/2024 BOARD OF DIRECTORS Complete Roster AGENCY/CITIES ACTIVE DIRECTOR ALTERNATE DIRECTOR Anaheim Stephen Faessel Carlos A. Leon Brea Christine Marick Cecilia Hupp Buena Park Joyce Ahn Art Brown Cypress Scott Minikus Bonnie Peat Fountain Valley Glenn Grandis Ted Bui Fullerton Bruce Whitaker Nick Dunlap Garden Grove Stephanie Klopfenstein John O’Neill Huntington Beach Pat Burns Gracey Van Der Mark Irvine Farrah N. Khan Kathleen Treseder La Habra Rose Espinoza Jose Medrano La Palma Debbie Baker Mark I. Waldman Los Alamitos Jordan Nefulda Shelley Hasselbrink Newport Beach Brad Avery Erik Weigand Orange Jon Dumitru John Gyllenhammer Placentia Chad Wanke Ward Smith Santa Ana Johnathan Ryan Hernandez Benjamin Vazquez Seal Beach Schelly Sustarsic Lisa Landau Stanton David Shawver Carol Warren Tustin Ryan Gallagher Austin Lumbard Villa Park Robbie Pitts Jordan Wu Sanitary/Water Districts Costa Mesa Sanitary District Bob Ooten Art Perry Midway City Sanitary District Andrew Nguyen Tyler Diep Irvine Ranch Water District John Withers Douglas Reinhart Yorba Linda Water District Phil Hawkins Tom Lindsey County Areas Board of Supervisors Doug Chaffee Donald P. Wagner STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 24, 2024 - 5:00 PM Conference Room A Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 ACCOMMODATIONS FOR THE DISABLED: If you require any special disability related accommodations, please contact the Orange County Sanitation District (OC San) Clerk of the Board’s office at (714) 593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. AGENDA POSTING: In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted outside the main gate of the OC San's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the OC San’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 those distributed less than 72 hours prior to the meeting to a majority of the Board of Directors, are available for public inspection with 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 RECORDING: A recording of this meeting is available within 24 hours after adjournment of the meeting at https://ocsd.legistar.com/Calendar.aspx or by contacting the Clerk of the Board. NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be submitted 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: Rob Thompson, rthompson@ocsan.gov / (714) 593-7110 Asst. General Manager: Lorenzo Tyner, ltyner@ocsan.gov / (714) 593-7550 Director of Communications: Jennifer Cabral, jcabral@ocsan.gov / (714) 593-7581 Director of Engineering: Mike Dorman, mdorman@ocsan.gov / (714) 593-7014 Director of Environmental Services: Lan Wiborg, lwiborg@ocsan.gov / (714) 593-7450 Director of Finance: Wally Ritchie, writchie@ocsan.gov / (714) 593-7570 Director of Human Resources: Laura Maravilla, lmaravilla@ocsan.gov / (714) 593-7007 Director of Operations & Maintenance: Riaz Moinuddin, rmoinuddin@ocsan.gov / (714) 593-7269 STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 24, 2024 CALL TO ORDER 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 participate in person, 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. REPORTS: The Board 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. 1.2024-3701APPROVAL OF MINUTES RECOMMENDATION: Approve minutes of the Regular meeting of the Steering Committee held June 26, 2024. Originator:Kelly Lore Agenda Report 06-26-2024 Steering Committee Meeting Minutes Attachments: 2.2024-3707LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF JUNE 2024 RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of June 2024. Originator:Jennifer Cabral Agenda Report Federal Legislative Update Federal Matrix State Legislative Update State Matrix Attachments: Page 1 of 4 STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 24, 2024 3.2024-3708PUBLIC AFFAIRS UPDATE FOR THE MONTH OF JUNE 2024 RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the month of June 2024. Originator:Jennifer Cabral Agenda Report Outreach and Media Report - June 2024 WPAA Local Public Affairs Report - June 2024 Attachments: NON-CONSENT: 4.2024-3727BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT EMPLOYEES RECOMMENDATION: Recommend to the Board of Directors to: Adopt Resolution No. OC SAN 24-XX entitled: “A Resolution of the Board of Directors of the Orange County Sanitation District Approving Benefit Adjustments for At-Will Executive Management Team Employees Commencing on Fiscal Year 2024-2025”. Originator:Laura Maravilla Agenda Report Resolution No. OC SAN 24-XX EMT Benefits Attachments: INFORMATION ITEMS: None. DEPARTMENT HEAD REPORTS: CLOSED SESSION: During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. CONVENE IN CLOSED SESSION. Page 2 of 4 STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 24, 2024 CS-1 2024-3704CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) RECOMMENDATION: Convene in Closed Session: Number of Cases: 1 Orange County Sanitation District v. Robert M. Jackson, et al., Orange County Superior Court Case No. 30-2024-01379706-CU-OR-CJC. Agenda Report Steering CS Memo re Jackson Attachments: CS-2 2024-3709CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) RECOMMENDATION: Convene in Closed Session: Number of Cases: 1 Jose Salcido, Workers’ Compensation Claim, Workers Compensation Appeals Board, Case No. ADJ14774129. Agenda Report Steering CS Memo re Salcido Claim Attachments: CS-3 2024-3705CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) RECOMMENDATION: Convene in Closed Session: Number of Cases: 1 BKK Working Group, et al. v. Albertsons Companies, Inc., et al., United States District Court Central District of California, Court Case No. 2:18-CV-05836-MWF(PLAx). Agenda Report Steering CS Memo re BKK Working Group Attachments: CS-4 2024-3734PUBLIC EMPLOYEE PERFORMANCE EVALUATION - GOVERNMENT CODE SECTION 54957(b)(1) RECOMMENDATION: Convene in Closed Session: Public Employee Performance Evaluation Title: General Manager Originator:Laura Maravilla Page 3 of 4 STEERING COMMITTEE Regular Meeting Agenda Wednesday, July 24, 2024 Agenda Report Steering CS Memo re GM Evaluation Attachments: CS-5 2024-3738CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE SECTION 54957.6 RECOMMENDATION: Convene in Closed Session: Agency Designated Representatives: Board Chairman Ryan Gallagher & Board Vice-Chairman Jon Dumitru Unrepresented Employee: General Manager Originator:Laura Maravilla Agenda Report Steering CS Memo re GM Compensation Attachments: RECONVENE IN REGULAR SESSION. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: 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 Steering Committee on August 28, 2024 at 5:00 p.m. Page 4 of 4 STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2024-3701 Agenda Date:7/24/2024 Agenda Item No:1. FROM:Robert Thompson, 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 Steering Committee held June 26, 2024. 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 22-37 ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·June 26, 2024 Steering Committee meeting minutes Orange County Sanitation District Printed on 7/12/2024Page 1 of 1 powered by Legistar™ Orange County Sanitation District Minutes for the STEERING COMMITTEE Wednesday, June 26, 2024 5:00 PM Conference Room A Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 CALL TO ORDER A regular meeting of the Steering Committee of the Orange County Sanitation District was called to order by Board Chairman Chad Wanke on Wednesday, June 26, 2024 at 5:00 p.m. in the Administration Building of the Orange County Sanitation District. ROLL CALL AND DECLARATION OF QUORUM: The Clerk of the Board declared a quorum present as follows: PRESENT:Chad Wanke, Ryan Gallagher, Pat Burns, Jon Dumitru, Glenn Grandis and Christine Marick ABSENT:John Withers STAFF PRESENT: Rob Thompson, General Manager; Lorenzo Tyner, Assistant General Manager; Mike Dorman, Director of Engineering; Laura Maravilla, Director of Human Resources; Riaz Moinuddin, Director of Operations and Maintenance; Wally Ritchie, Director of Finance; Lan Wiborg, Director of Environmental Services; Kelly Lore, Clerk of the Board; Jennifer Cabral; Jackie Castro; Raul Cuellar; Don Cutler; Thys DeVries; Martin Dix; Brian Engeln; Justin Fenton; Al Garcia; Rob Michaels; Valerie Ratto; and Ruth Zintzun were present in Conference Room A. Annie Larkins was present telephonically. OTHERS PRESENT: Omar Sandoval, General Counsel; Mike D’Angelo, Associate Counsel; Gary Weisberg, Associate Counsel; and Scott Smith, Best Best & Krieger LLP were present in Conference Room A. Alex Akerman and Matt Wickersham, Special Counsel, Alston & Bird; and Eric Sapirstein, ENS Resources were present telephonically. PUBLIC COMMENTS: None. Clerk of the Board Kelly Lore announced that a PowerPoint presentation for Item Nos. 7 and 8 was received after publication of the agenda and was distributed to the Committee and made available to the public. REPORTS: Chair Wanke thanked the members of the Steering Committee for their service during his term. General Manager Rob Thompson did not provide a report. Page 1 of 7 STEERING COMMITTEE Minutes June 26, 2024 CONSENT CALENDAR: 1.APPROVAL OF MINUTES 2024-3579 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the Special meeting of the Steering Committee held May 22, 2024. AYES:Chad Wanke, Ryan Gallagher, Pat Burns, Jon Dumitru, Glenn Grandis and Christine Marick NOES:None ABSENT:John Withers ABSTENTIONS:None 2.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF MAY 2024 2024-3655 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of May 2024. AYES:Chad Wanke, Ryan Gallagher, Pat Burns, Jon Dumitru, Glenn Grandis and Christine Marick NOES:None ABSENT:John Withers ABSTENTIONS:None 3.PUBLIC AFFAIRS UPDATE FOR THE MONTH OF MAY 2024 2024-3656 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the month of May 2024. AYES:Chad Wanke, Ryan Gallagher, Pat Burns, Jon Dumitru, Glenn Grandis and Christine Marick NOES:None ABSENT:John Withers ABSTENTIONS:None Page 2 of 7 STEERING COMMITTEE Minutes June 26, 2024 NON-CONSENT: 4.PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR GENERAL LEGAL SERVICES 2024-3671 Originator: Lorenzo Tyner Assistant General Manager Lorenzo Tyner provided an overview of the item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Authorize Board Chairman Chad P. Wanke, to enter into a Professional Consultant Services Agreement with Best Best & Krieger LLP for General Legal Services, Specification No. CS-2024-1440BD; and appoint Scott Smith as Principal General Counsel; for a five-year term beginning July 1, 2024 through June 30, 2029, with one (1) optional five-year renewal, in a form approved by Special Counsel. AYES:Chad Wanke, Ryan Gallagher, Pat Burns, Jon Dumitru, Glenn Grandis and Christine Marick NOES:None ABSENT:John Withers ABSTENTIONS:None 5.PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR GENERAL LEGAL SERVICES IN THE AREAS OF ENVIRONMENTAL LAW AND AIR QUALITY 2024-3672 Originator: Lorenzo Tyner Mr. Tyner provided an overview of the item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve a Professional Consultant Services Agreement with Allen Matkins Leck Gamble Mallory & Natsis LLP for General Legal Services in the areas of Environmental Law and Air Quality, Specification No. CS-2024-1440BD, for the period beginning July 1, 2024 through June 30, 2029 with one (1) optional five-year renewal. AYES:Chad Wanke, Ryan Gallagher, Pat Burns, Jon Dumitru, Glenn Grandis and Christine Marick NOES:None ABSENT:John Withers ABSTENTIONS:None Page 3 of 7 STEERING COMMITTEE Minutes June 26, 2024 6.SOLE SOURCE AGREEMENT FOR LEGAL SERVICES WITH WOODRUFF & SMART 2024-3673 Originator: Lorenzo Tyner Mr. Tyner provided an overview of the item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve a Sole Source Agreement for Legal Services with Woodruff & Smart, commencing on July 1, 2024, in a form approved by Special Counsel. AYES:Chad Wanke, Ryan Gallagher, Pat Burns, Jon Dumitru, Glenn Grandis and Christine Marick NOES:None ABSENT:John Withers ABSTENTIONS:None 7.PUBLIC AFFAIRS STRATEGIC PLAN FOR FISCAL YEARS 2022-2024 SUMMARY 2024-3564 Originator: Rob Thompson Administration Manager Jennifer Cabral provided a PowerPoint presentation regarding the public affairs strategic plan summary for fiscal years 2022 through 2024. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the Proposed Public Affairs Strategic Plan for Fiscal Years 2022- 2024 Summary. AYES:Chad Wanke, Ryan Gallagher, Pat Burns, Jon Dumitru, Glenn Grandis and Christine Marick NOES:None ABSENT:John Withers ABSTENTIONS:None 8.PUBLIC AFFAIRS STRATEGIC PLAN FOR FISCAL YEARS 2024-2026 2024-3562 Originator: Rob Thompson Ms. Cabral provided an overview of the item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the Public Affairs Strategic Plan for Fiscal Years 2024- 2026. Page 4 of 7 STEERING COMMITTEE Minutes June 26, 2024 AYES:Chad Wanke, Ryan Gallagher, Pat Burns, Jon Dumitru, Glenn Grandis and Christine Marick NOES:None ABSENT:John Withers ABSTENTIONS:None 9.GENERAL MANAGER’S FY 2023-2024 WORK PLAN YEAR-END REPORT 2024-3565 Originator: Rob Thompson Mr. Thompson provided an overview of the item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the General Manager’s FY 2023-2024 Work Plan Year-End Report. AYES:Chad Wanke, Ryan Gallagher, Pat Burns, Jon Dumitru, Glenn Grandis and Christine Marick NOES:None ABSENT:John Withers ABSTENTIONS:None 10.GENERAL MANAGER’S FY 2024-2025 WORK PLAN 2024-3568 Originator: Rob Thompson Mr. Thompson provided an overview of the item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the General Manager’s Fiscal Year 2024-2025 Work Plan. AYES:Chad Wanke, Ryan Gallagher, Pat Burns, Jon Dumitru, Glenn Grandis and Christine Marick NOES:None ABSENT:John Withers ABSTENTIONS:None INFORMATION ITEMS: None. DEPARTMENT HEAD REPORTS: None. Page 5 of 7 STEERING COMMITTEE Minutes June 26, 2024 CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(d)(1), 54957.6, & 54957 (b)(1). The Committee convened in closed session at 5:14 p.m. Confidential minutes of the Closed Sessions have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Session meetings. CS-1 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) 2024-3659 CONVENED IN CLOSED SESSION: Number of Cases: 1 Orange County Sanitation District, a public entity v. Bayside Village Marina, LLC, a limited liability company; Laguna Beach County Water District, a public entity; and Does 1-100, inclusive; and all Persons Unknown Claiming an Interest in the Property, Superior Court of California, County of Orange, Case No. 30-2022-01251890. CS-2 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE SECTION 54957.6 2024-3658 CONVENED IN CLOSED SESSION: Agency Designated Representative: General Manager Robert Thompson. Benefits for Unrepresented Executive Management Employees: Assistant General Manager, Director of Communications, Director of Engineering, Director of Environmental Services, Director of Finance, Director of Human Resources, and Director of Operations and Maintenance. CS-3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(b)(1)2024-3657 Originator: Laura Maravilla CONVENED IN CLOSED SESSION: Public Employee Performance Evaluation Number of Employees: 1 ·General Manager RECONVENE IN REGULAR SESSION. The Committee reconvened in regular session at 5:59 p.m. Page 6 of 7 STEERING COMMITTEE Minutes June 26, 2024 CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Omar Sandoval stated there was no reportable action. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Wanke declared the meeting adjourned at 6:00 p.m. to the next Regular Steering Committee meeting to be held on Wednesday, July 24, 2024 at 6:00 p.m. Submitted by: __________________ Kelly A. Lore, MMC Clerk of the Board Page 7 of 7 STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2024-3707 Agenda Date:7/24/2024 Agenda Item No:2. FROM:Robert Thompson, General Manager SUBJECT: LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF JUNE 2024 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of June 2024. BACKGROUND The Orange County Sanitation District’s (OC San)legislative affairs program includes advocating for OC San’s legislative interests;sponsoring legislation (where appropriate);and seeking Local,State, and Federal funding for projects and programs. 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 for OC San’s legislative interests.Help to create and monitor legislation and grants that would benefit OC San,the wastewater industry,and the community.To assist in relationship building efforts,OC San will continue to reach out to elected officials through facility tours,one-on-one meetings,and trips to Washington D.C. and Sacramento. Orange County Sanitation District Printed on 7/12/2024Page 1 of 2 powered by Legistar™ File #:2024-3707 Agenda Date:7/24/2024 Agenda Item No:2. RAMIFICATIONS OF NOT TAKING ACTION If OC San does not work with Local,State,and Federal elected officials,legislation could be passed that negatively affects OC San and the wastewater industry.Additionally,a lack of engagement may result in missed funding opportunities. ADDITIONAL INFORMATION Activities in June: ·Federal Update: The House and Senate are beginning the process of developing appropriation bills for the new fiscal year that begins on October 1,2024.The House Committee on Appropriations, Subcommittee on Interior and Environment approved its bill on June 27 that funds the EPA. Additionally,the House Committee on Appropriations approved the EPA spending bill on July 9. ·State Update: The Budget Bill was passed by the Governor on June 29.As outlined in the agreement announced by the Governor and legislative leaders,the legislation balances the budget in both 2024-25 and 2025-26.It also preserves budget resilience by maintaining $22.2 billion in total reserves at the end of the 2024-25 fiscal year.The budget addresses a $46.8 billion shortfall through a balanced package of solutions, including spending reductions of $16 billion. On June 30,the long-anticipated amendments for the Climate Bond were released via Senate Bill 867 (Allen).The Legislature is entering the final week before they break for Summer Recess (July 4 -August 5).Since it is an election year with a fast-approaching deadline to place items on the ballot,several last-minute actions will shape the state’s initiative ballot over the next three days.Additional detailed information can be found in the TPA State Update report. Activities in July: ·As part of the annual legislative planning activities,staff,subject matter experts,and our lobbyist have been reviewing and updating the OC San draft 2025 Legislative Plan.The draft plan will be presented at the October Steering Committee meeting and submitted for adoption at the November Board of Directors meeting. ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Federal Legislative Update ·Federal Matrix ·State Legislative Update ·State Matrix Orange County Sanitation District Printed on 7/12/2024Page 2 of 2 powered by Legistar™ 1 | P a g e TO: Rebecca Long FROM: Eric Sapirstein DATE: July 1, 2024 SUBJECT: Washington Update During the past month, congressional and federal agency activities centered on funding decisions for the fiscal year 2025 budget that begins on October 1. Also, the House Committee on Transportation & Infrastructure completed action on its version of the Water Resources Development Act of 2024, setting the stage for a House vote later this summer. The following summarizes activities of interest to OC San and its legislative agenda. • PFAS Hazardous Substance Designation under Superfund As reported previously, the Senate Committee on Environment and Public Works continues to consider options to provides statutory relief from Superfund liability associated with per-and polyfluoroalkyl substances (PFAS) contamination for passive receivers. The challenge is finding common ground within the committee on which stakeholders are considered to be passive receivers. The water sector, which includes wastewater agencies, appears to be a priority stakeholder for protection. However, Republican committee members, led by Ranking Republican Senator Shelly Moore Capito (R-WV), continue to demand a comprehensive passive receivers liability protection provision. Without such a provision, prospects for a bipartisan agreement are unlikely, all but eliminating committee consideration of a bill. The House now has a water sector PFAS liability protection bill, H.R. 7944, which enjoys bipartisan support. However, any House action on PFAS is unlikely until the Senate moves forward on a bill. Legislative consideration of a PFAS liability measure at the committee level is not expected until after the November elections. 2 | P a g e While Congress contemplates how to develop PFAS liability protection legislation, the anticipated litigation against the U.S. Environmental Protection Agency’s (USEPA) rule to designate PFAS as a hazardous substance has been filed. The lead plaintiff is the U.S. Chamber of Commerce. The Chamber filed the litigation based upon a violation of the Administrative Procedures Act. The actual complaint remains to be submitted as the Court must first agree the litigation is with merit. The Court is expected to approve the challenge. Importance to OC San While the Chamber litigation does not directly address the wastewater industry, the impact of the litigation, if successful, would effectively remove the designation of PFAS as a hazardous substance under Superfund. Assuming this occurs, then OC San treatment of wastewater and biosolids would not be impacted by potential Superfund liability. At the same time, USEPA continues to advance its risk assessment model development on the threats from PFAS in biosolids. As of this writing, it is expected the model will be released in October and will include a matrix of PFAS treatment levels based upon the pathways of exposure. Assuming the model is validated and finalized, it will serve to support the development of new biosolids treatment mandates. • Fiscal Year 2025 Appropriations Decisionmaking Begin in House The House and Senate are beginning the process of developing appropriations bills for the new fiscal year that begins on October 1, 2024. The House Committee on Appropriations, Subcommittee on Interior and Environment approved its bill on June 27 that funds USEPA. Full committee consideration of the measure is expected July 9, when Congress returns from its Independence Day Recess. The Senate committee remains mired in discussions over how much defense and nondefense spending would be permitted. Until these funding levels are agreed upon, progress in developing spending bills is on hold. However, the committee leadership has signaled that actual subcommittee mark-ups will begin in mid-July. House Subcommittee spending decisions for USEPA programs reflect the priority to reduce domestic spending. To this end, USEPA would be cut by 20 percent with most of the reduction in climate programs. The Clean Water State Revolving Loan Fund program would be reduced by $430 million to $1.2 billion compared with current year levels. The bill’s overall reductions do not account for the advanced appropriations provided under the Bipartisan Infrastructure Law that include $1 billion for the State Revolving Fund (SRF) program. This funding will help to offset the SRF reductions, should they be enacted into law later this year. The bill also includes a number of policy riders. Of special note is a policy rider that waives federal procurement mandates for Community Projects Requests assistance (earmarks). The rider is retroactive to address prior years’ funding of earmarks. 3 | P a g e Importance of House Fiscal Year 2025 Appropriations Bill to OC San The funding bill is important to OC San because of the policy rider related to earmarks. Under the policy rider, USEPA would be precluded from imposing competitive bidding requirements as a condition of receiving grant assistance. This would directly benefit OC San and its earmark for the Supercritical Oxidation demonstration project. If the rider is approved as part of any final spending agreement, later this year, OC San would enjoy clear and unambiguous statutory directives to USEPA to award funds absent a competitive bid. • Supreme Court Tosses Out Chevron Doctrine On June 28, the U.S. Supreme Court (Court) ruled 6-3 to strike down the Chevron Doctrine; a forty year legal standard that essentially deferred to federal regulatory agencies’ expertise in resolving matters of ambiguity in statutory directives. The Court decided the Chevron Doctrine represented an unacceptable delegation of authority to unelected officials to determine questions of uncertainty created by laws that do not clearly articulate how extensive an agency can regulate activities. Instead, the Court decided that questions surrounding congressional intent and interpretation of statutes must ultimately rest with the judicial branch whose responsibility is to adjudicate such matters. It is important to note the decision only impacts rulemakings. Policy and guidance are unlikely to be impacted. In deciding the case, Chief Justice Roberts stated, in the decision, that the rejection of the Chevron Doctrine should not impact past regulatory decisions and actions. However, the decision does not bar challenges to past regulatory initiatives that a regulated party might wish to now challenge as exceeding the authority the statute provided the agency. Decision Will Impact OC San Services The elimination of the Chevron Doctrine represents one of the most consequential policy actions in decades. The ability to challenge a rulemaking that is grounded in an agency interpretation of congressional intent and statutory directives based upon uncertainty or a lack of clarity is expected to unleash a tsunami of legal challenges. For OC San, USEPA’s efforts to designate PFAS as hazardous substance under Superfund, for example, could be subject to challenge. Any challenge would be based upon a belief that the agency short circuited the designation process by designating prior to listing PFAS as a hazardous waste under the nation’s waste management law, the Resource Conservation and Recovery Act. Looking into the future, the Court’s decision will increase pressure on Congress to write laws with greater specificity to avoid uncertainty. The decision could also lead to new urgency to update laws like the Clean Water Act that have not been significantly amended since the 1987. Conversely, if Congress is unable pass new laws, then litigation challenging current and future rules will be inevitable, throwing into doubt federal mandates. 1  of 8 Federal Legislative Report - June 2024 Steering Committee Bills 17 Bills US HR 8467 Title: Farm, Food, and National Security Act of 2024 Current Status: Introduced Introduction Date: May 21, 2024 Last Action Date: Referred to the House Committee on Agriculture.. May 21, 2024 Summary: H.R 8467 would establish grant funding to support research into the agriculture impacts of PFAS and microplastics, with the purpose to better understand the role and influence land-applied biosolids and wastewater treatment processes play. Eligible activities include analyzing crop uptake of PFAS and techniques, such as wastewater treatment and composting, to filter out or biodegrade such substances from biosolids intended to be used for agriculture purposes. H.R. 8467 does not establish mandates for these activities. Location: United States US HR 8032 High Priority Monitor Title: Low-Income Household Water Assistance Program Establishment Act Current Status: Introduced Introduction Date: April 16, 2024 Last Action Date: Referred to the Subcommittee on Environment, Manufacturing, and Critical Materials.. April 19, 2024 Summary: H.R. 8032 is the companion bill to S. 3830 that would create a permanent low income ratepayer assistance for water and wastewater services. Location: United States US HR 7944 Monitor Title: Water Systems PFAS Liability Protection Act Current Status: Introduced Introduction Date: April 11, 2024 2  of 8 Last Action Date: Referred to the Subcommittee on Environment, Manufacturing, and Critical Materials.. April 12, 2024 Summary: H.R. 7944 is a companion bill to S. 1430 sponsored by Senator Cynthia Lummis (R-WY). H.R. 7944 would protect water and wastewater agencies and related contractors from liability under CERCLA unless the threat stemmed from gross negligence. Location: United States US HR 2964 High Priority Monitor Title: WIPPES Act Current Status: Introduced Introduction Date: April 27, 2023 Last Action Date: Placed on the Union Calendar, Calendar No. 371.. April 05, 2024 Summary: Directs the Federal Trade Commission, in consultation with the Environmental Protection Agency, Commissioner of Food and Drugs, and the Consumer Product Safety Commission (as appropriate depending on the type of covered product involved) to issue “Do Not Flush” labeling requirements for nonflushable wipes, including baby wipes, household wipes, disinfecting wipes and personal care wipes. The requirements mirror California's labeling law and has the support from the wipes industry, national clean water sector, civil engineers, and environment advocates. Companion Senate bill: S. 1350. Location: United States US HR 7023 Title: Creating Confidence in Clean Water Permitting Act Current Status: Considering Introduction Date: January 17, 2024 Last Action Date: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.. March 22, 2024 Summary: H.R. 7023 was amended on the House floor to provide for ten year NPDES permit terms for public agencies. The amendment offered by Rep. John Garamendi (D-CA) was adopted without debate unanimously. Description: Creating Confidence in Clean Water Permitting Act This bill modifies requirements under the Clean Water Act, including requirements concerning water quality criteria, the National Pollutant Discharge Elimination System (NPDES) program, the permit program for discharging dredged or fill material into waters of the United States, and the meaning of waters of the United States. It also limits the issuance of permits under the act. First, the bill directs the Environmental Protection Agency (EPA) to develop any new or revised water quality criteria for states through a rule. Next, the bill modifies the NPDES program, including by providing statutory authority for provisions that shield NPDES permit holders from liability under certain circumstances. It also provides statutory authority for 3  of 8 the EPA to issue general permits under the program. The EPA must also provide written notification two years before the expiration of a general permit. If notice is not provided by that deadline, then di.... Location: United States US S 3830 Title: Low-Income Household Water Assistance Program Establishment Act Current Status: Introduced Introduction Date: February 28, 2024 Last Action Date: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S1045-1046). February 28, 2024 Location: United States US HR 7194 High Priority Monitor Title: PFAS Accountability Act of 2024 Current Status: Introduced Introduction Date: February 01, 2024 Last Action Date: Referred to the Subcommittee on Environment, Manufacturing, and Critical Materials.. February 02, 2024 Summary: H.R. 7194 would create a cause of action under the Toxics Substances Control Act to allow a citizen or class of citizens to litigate against a manufacturer of PFAS that improperly discharged PFAS into the environment and created a public health impact. Companion legislation in the Senate: S. 3725. Sponsor: Rep. Madeline Dean (D-NH) Location: United States US HR 6805 High Priority Monitor Title: PFAS Action Act of 2023 Current Status: Introduced Introduction Date: December 14, 2023 Last Action Date: Referred to the Subcommittee on Water Resources and Environment.. January 02, 2024 Summary: PFAS Action Act of 2023 is a reintroduction of the 2021 legislation. It would impose a statutory designation of PFAS as a hazardous substance under CERCLA. It would also impose other mandates including time specific drinking water standards for PFOA and PFOS and other members of the PFAS chemical family. It currently enjoys 21 sponsors, all Democratic. Sponsor: Rep. Debbie Dingell D-MI 4  of 8 Location: United States US S 2162 High Priority Monitor Title: STREAM Act Current Status: Introduced Introduction Date: June 22, 2023 Last Action Date: Committee on Energy and Natural Resources Subcommittee on Water and Power. Hearings held.. July 19, 2023 Summary: S. 2162 renews expiring provisions of the WIIN Act. It would increase funding authorizations for surface and groundwater storage projects, water recycling, desalination, and ecosystem restoration projects. Among the changes that would be authorized would be priorities for water supply projects that include enhanced public benefits (fisheries, wildlife and disadvantage communities drinking water reliability). It would also provide for enhanced water transfers to support temporary fallowing of agriculture lands to support wildlife habitats. (BILL PROVISIONS LIKELY TO INCORPORATED INTO LARGER WESTERN WATER LEGISLATION) No Sponsor at the writing Location: United States US S 1430 High Priority Title: Water Systems PFAS Liability Protection Act Current Status: Introduced Introduction Date: May 03, 2023 Last Action Date: Read twice and referred to the Committee on Environment and Public Works.. May 03, 2023 Summary: S. 1430 would provide a limited CERCLA liability (section 107) exemption for PFAS family of chemicals for water and wastewater agencies. S. 1430 would not exempt an agency from liability in cases of gross negligence. Description: Water Systems PFAS Liability Protection Act This bill exempts specified water management entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for releases of certain perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. Specifically, the entities covered under the bill are public water systems, publicly or privately owned or operated treatment works, municipalities with a stormwater discharge permit, political subdivisions or special districts of a state that act as a wholesale water agency, and contractors performing the management or disposal activities for such entities. Under the bill, the exemption only applies if a specified entity transports, treats, disposes of, or arranges for the transport, treatment or disposal of PFAS consistent with applicable laws and during and following the conveyance or treatment of water under federal or state law, such as through the management or disposal of bi.... 5  of 8 Location: United States US S 1350 High Priority Monitor Title: WIPPES Act Current Status: Introduced Introduction Date: April 27, 2023 Last Action Date: Read twice and referred to the Committee on Commerce, Science, and Transportation.. April 27, 2023 Summary: Directs the Federal Trade Commission, in consultation with the Environmental Protection Agency, Commissioner of Food and Drugs, and the Consumer Product Safety Commission (as appropriate depending on the type of covered product involved) to issue “Do Not Flush” labeling requirements for nonflushable wipes, including baby wipes, household wipes, disinfecting wipes and personal care wipes. The requirements mirror California's labeling law and has the support from the wipes industry, national clean water sector, civil engineers, and environment advocates. Companion House bill: H.R. 2964. Location: United States US HR 1729 Low Priority Monitor Title: Water Affordability, Transparency, Equity, and Reliability Act of 2023 Current Status: Introduced Introduction Date: March 22, 2023 Last Action Date: Referred to the Subcommittee on Commodity Markets, Digital Assets, and Rural Development.. April 25, 2023 Summary: Sponsor: Rep. Bonnie Coleman D-NJ Co-Sponsor: Rep. Katie Porter D-CA Description: Water Affordability, Transparency, Equity, and Reliability Act of 2023 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, including by prohibiting states from providing financial assistance using amounts from the clean water SRF for projects that will provide substantial direct benefits to new communities other than projects for constructing an advanced decentralized wastewater system. It also creates or reauthorizes several grant programs related to water infrastructure, such as grants for removing lead from dr.... Location: United States 6  of 8 US HR 2162 Title: To provide for a limitation on availability of funds for U.S. Department of Interior, US Fish and Wildlife Service, Neurotropic Migratory Bird Conservation for fiscal year 2024. Current Status: Introduced Introduction Date: March 29, 2023 Last Action Date: Referred to the House Committee on Natural Resources.. March 29, 2023 Description: This bill limits FY2024 funding for the U.S. Fish and Wildlife Service's Neotropical Migratory Bird Conservation grant program. Location: United States US HR 1837 Title: Investing in Our Communities Act Current Status: Introduced Introduction Date: March 28, 2023 Last Action Date: Referred to the House Committee on Ways and Means.. March 28, 2023 Summary: Legislation restores tax-exempt advance refunding for municipal bonds to allow states and local governments to more efficiently invest in projects. Description: Investing in Our Communities Act This bill reinstates the exclusion from gross income for interest on certain bonds issued to advance the refunding of a prior bond issue. The exclusion was repealed for bonds issued after 2017. Location: United States US S 938 Low Priority Monitor Title: Water Affordability, Transparency, Equity, and Reliability Act of 2023 Current Status: Introduced Introduction Date: March 22, 2023 Last Action Date: Read twice and referred to the Committee on Finance.. March 22, 2023 Summary: S. 938 would establish a $35 billion trust fund to support the construction of water and wastewater treatment systems. Funding would be derived from an increase in the corporate tax rate. The bill also imposes requirements for Department of Justice and USEPA to carryout activities to determine whether water and wastewater operators discriminate in the provision of services. USEPA must also investigate the impact of rates on service cut- offs. Additional provisions would address use of assistance to promote regionalization of systems and limitations on the use of federal assistance to support projects that address growth. The bill enjoys 500 NGO organizational support. It has five cosponsors. Sponsor: Sen. Bernie Sanders I-VT Description: Water Affordability, Transparency, Equity, and Reliability Act of 2023 This bill increases funding for water infrastructure to control water pollution or protect drinking 7  of 8 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, including by prohibiting states from providing financial assistance using amounts from the clean water SRF for projects that will provide substantial direct benefits to new communities other than projects for constructing an advanced decentralized wastewater system. It also creates or reauthorizes several grant programs related to water infrastructure, such as grants for removing lead from drinking water. Location: United States US HR 250 Medium Priority Monitor Title: Clean Water SRF Parity Act Current Status: Introduced Introduction Date: January 10, 2023 Last Action Date: Referred to the Subcommittee on Water Resources and Environment.. February 01, 2023 Summary: Amends eligibility provisions for the Federal Water Pollution Control Act’s Clean Water State Revolving Fund so that all wastewater customers have the ability to benefit from the program’s low-interest loans. Supported by NAWCA Also introduce in 117th Congress - No Action Description: Clean Water SRF Parity Act This bill expands the state revolving fund established under the Clean Water Act, including by allowing low-interest loans to be given to privately owned treatment works to address wastewater. Currently, loans are given to wastewater systems that are publicly owned. Location: United States US S 115 Monitor Title: Clean Water Allotment Modernization Act of 2023 Current Status: Introduced Introduction Date: January 26, 2023 Last Action Date: Read twice and referred to the Committee on Environment and Public Works.. January 26, 2023 Summary: Provides for a set aside from Clean Water SRF appropriations to conduct Buy America oversight compliance, establishes that each state's allotment must be at the same level as FY 23 during FY 24-28 and additional allotments based on percent of state population to the nation. FY 29 and beyond allotments to be determined by new formula based upon Clean Water Needs Survey. 8  of 8 Description: Clean Water Allotment Modernization Act of 2023 This bill revises the formula the Environmental Protection Agency (EPA) uses to determine how to distribute funds from the Clean Water State Revolving Fund (SRF) program. Under the program, the EPA allocates funding to states for water quality infrastructure projects, such as wastewater systems and stormwater management projects. In FY2024-FY2028, the EPA must provide an initial allotment to each state that is equal to the amount the state received in FY2023. The EPA must also provide an additional allotment to each state that is based on its share of the U.S. population. In FY2029 and each subsequent fiscal year, the EPA must use an updated allotment formula, which is based on the needs of states as identified in the most recently available clean watersheds needs survey. Beginning in FY2024, the formula must also provide allotments for Indian tribes and territories. In addition, the formula must provide an allotment for EPA's oversight .... Location: United States Page 1 M E M O R A N D U M To: Orange County Sanitation District From: Townsend Public Affairs Date: July 1, 2024 Subject: State Legislative Monthly Report STATE LEGISLATIVE UPDATES The month of June reflected the quick pace that typically comes with the push to wrap up items before legislators’ head to a month-long summer recess, beginning on July 3. In June, Legislators worked to meet two major legislative deadlines: the passage of the budget and the final day for bills to be considered in their second house policy committee. The Legislature in both houses worked to reach a compromise prior to the constitutional deadline to approve a State budget by June 15. In the following week, the Legislature negotiated with the Administration on a comprehensive budget framework for 2024-25. On June 26, both houses passed, and the Governor signed the 2024-25 Budget Act into law prior to the constitutional deadline of July 1. In addition to the busy month of legislative deadlines, June 27 marked the deadline for initiatives to qualify for the November 2024 general election ballot. Below is an overview of pertinent state actions from the month of June. STATE BUDGET Budget Act Signed into Law – Remaining Budget Package Passed and Awaiting Signature Following the adoption of the preliminary Budget Act, on Saturday, June 22, Governor Newsom, Senate President pro Tempore Mike McGuire, and Speaker Robert Rivas announced their agreement on a proposed 2024-25 California state budget plan. In addition to the proposed agreement, the Legislature released 19 budget-related bills. In the late afternoon on June 26, the Assembly and Senate deliberated and voted on the 19 various budget related bills. Both houses approved 18 of the 19 budget trailer bills, with the final bill being up for consideration during the floor session the next day, on June 27. In accordance with Constitutional budget deadlines, on June 26, Governor Newsom signed the State Budget Act into law, along with two trailer bills related to budget revenue streams. The bill package – AB 107, SB 154, and SB 167 – was the first of a slew of additional budget amending bills and trailer bills signed into law, and it is anticipated the Governor will be signing the remaining trailer bills in early July. Page 2 AB 107, the 2024 Budget Act, represents the budget framework necessary to meet the state’s constitutional deadlines and did not reflect a compromise deal between the Legislature and the Governor’s Administration. It is anticipated that the Governor will sign the budget trailer bills in the coming days. The 2024-25 compromise state budget plan includes $211.5 billion of General Fund spending, $86.4 billion of spending from other state funds, and $153 billion from federal funds flowing through the state treasury. The budget agreement addresses the $28 billion budget deficit that remained after the early actions that were taken this session. The budget largely uses the same structure that was approved through the budget bill that was adopted by the Legislature in early June, meaning it includes a three-year suspension of medium-sized and large businesses use of net operating loss deductions and tax credits starting in 2024, one year earlier than the Governor’s May Revision proposal, as well as Proposition 98 deferrals from previous budget years. These actions provided additional resources for the 2024-25 state budget, which is used to offset many of the program cuts that were proposed by the Administration as part of the January Budget Proposal and May Revise. The budget compromise aims to balance the budget in the 2024-25 fiscal year, as well as the 2025-26 fiscal year, but it will leave projected budget deficits beginning in 2026-27. To help offset future budget issues, the Legislature is working with the Administration on proposals that would create a new temporary holding account for projected budget surpluses to ensure that a portion of the future surpluses materialize and create greater certainty about budgetary conditions. Additionally, the Legislature is working with the Administration to place a constitutional amendment on a future state ballot (likely 2026 statewide primary ballot) to expand the maximum size of the rainy-day fund and to exclude certain state reserve deposits from the Gann limit. While the actions of the Legislature on June 26 constitute the majority of the work to be done this year on the state budget, it is possible that the Legislature may need to consider additional budget trailer bills prior to the end of session, in August, in order to provide statutory direction for some of the items contained within the budget. STATE LEGISLATURE In addition to meeting the statutory budget deadline, the Legislature was in full swing with policy committee hearings and legislative amendments throughout the month of June. Legislators have until July 3 to pass bills through their respective policy committees. The July 3 deadline also signals the beginning of the legislative summer recess upon adjournment. Given that policy committees offer the appropriate forum for policy changes and amendments, the month of June featured numerous changes as members and stakeholders modified policies to increase their chances of passing into law. Taxpayer Protection Act Removed from November Ballot On June 20, in a 7-0 decision, the California Supreme Court issued a peremptory writ of mandate directing the Secretary of State to not proceed with placing the Taxpayer Protection Act on the November General Election Ballot. Page 3 The Taxpayer Protection Act would have made it extremely difficult for the state and local governments like OC San to maintain or enact new taxes and fees via the retroactive invalidation of recently passed tax initiatives, raising voter thresholds for the passage of new taxes, and inciting legal challenges to taxes and fees. The Court’s decision largely hinged on the process by which the Constitutional changes were sought to be carried out. It ruled that the Taxpayer Protection Initiative goes beyond amending the state constitution, and instead revises the core functions of state/local democracy. To carry out this proposal, the Court has determined that the initiative proponents needed to go through the constitutional revision process, via a constitutional convention. Specifically, the Court cited the below from its decision: “We stress initially the limited nature of our inquiry. We do not consider or weigh the economic or social wisdom or general propriety of the initiative.” (Amador Valley Joint Union High Sch. Dist. v. State Bd. of Equalization (1978) 22 Cal.3d 208, 219 (Amador Valley).) The only question before us is whether the measure may be validly enacted by initiative. After considering the pleadings and briefs filed by the parties and amici curiae as well as the parties’ oral arguments, we conclude that Petitioners have clearly established that the challenged measure would revise the Constitution without complying with the appropriate procedure. The changes proposed by the [Taxpayer Protection Act] are within the electorate’s prerogative to enact, but because those changes would substantially alter our basic plan of government, the proposal cannot be enacted by initiative. It is instead governed by the procedures for revising our Constitution. We therefore issue a peremptory writ of mandate directing the Secretary to refrain from taking any steps to place the [Taxpayer Protection Act] on the November 5, 2024 election ballot or to include the measure in the voter information guide.” "As relevant here, article XVIII of the California Constitution provides that the electorate “may amend the Constitution by initiative” (art. XVIII, § 3) but that an effort “to revise the Constitution” must proceed by way of a constitutional convention and popular ratification (id., § 2) or by submission to the voters from a supermajority of the Legislature (id., §§ 1, 3). (See Amador Valley, supra, 22 Cal.3d at p. 221.) After reviewing the petition and the opposition filed by Proponent, we determined that Petitioners had made a prima facie showing that the [Taxpayer Protection Act] would amount to an invalid constitutional revision based on its far-reaching changes to existing processes by which revenue measures are enacted and maintained at the state and local levels." The deadline to place measures on the November General Election ballot was June 27. As such, there will not be sufficient time for initiative proponents to go through the steps necessary to place this measure before voters this fall. Climate Bond Text Released On June 30, the long anticipated amendments for the Climate Bond were released via SB 867 (Allen). The Legislature is entering the final week before they break for Summer Recess (July 4 – August 5). Because it is an election year with a fast approaching deadline to place items on the ballot, several last-minute actions will shape the state’s initiative ballot over the next three days. The two bond proposals released on June 30 total $20 billion - $10 billion for climate related projects and $10 billion for K-12 and community colleges facility improvements. Page 4 A high-level overview of the updated climate bond text is below. Priority areas in the bond for OC San are bolded: SB 867 (Allen) The Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024. • $3.8 billion for safe drinking water, drought, flood, and water resilience programs • $1.5 billion for wildfire and forest resilience • $450 million for extreme heat mitigation • $1.2 billion for biodiversity programs • $700 million for park creation and outdoor access • $850 million for clean air programs Water and Wastewater Specific Section broken down: Chapter 2 (91000): Safe Drinking Water, Drought, Flood, and Water Resilience Total: $3.8 Billion • 91010 - $1.885B Protect & increase California water supply and water quality o 91011 - $610M - Water Board for improving water quality ▪ $25M - Tribal water infrastructure o 91012 - (a) $386.25M - DWR for projects related to groundwater storage, banking, conjunctive use, and recharge: ▪ $193.125M - Increasing groundwater storage ▪ $193.125M - Groundwater banking, conjunctive use, recharge ▪ (d) $25M - Tribal water infrastructure o 91013 - $200M - DOC for Multi-Benefit Land Repurposing Program o 91014 - $386.25M - Water Board for water reuse and recycling o 91015 - $75M - Water Commission for the Water Storage Investment Program o 91016 - $62.5M - Brackish Desalination o 91017 - $15M - DWR & SWRCB to improve water data management o 91018 - $75M - CNRA & DWR for regional conveyance projects or repairs to existing conveyance. o 91019 - $75M - Water Conservation o 91020- $1.14 Billion - Reduce flood risk and improve stormwater management ▪ 91021 - $550M - CNRA for flood management projects: • (a) $250M - State Plan of Flood Control • (b) $150M - Flood Subvention Program • (c) $150M - Delta Levees ▪ 91022 - $480M - DWR for enhanced dam safety and reservoir operations ▪ 91023 - $110M - SWRCB for multi-benefit storm water management projects o 91030 - $605M - improve watershed resilience and to protect and restore rivers, lakes, and streams ▪ 91031 - $100M - DWR for grants related to IRWM, improve climate resilience on a watershed basis ▪ 91032 - $335M - Projects that protect and restore river parkways, urban river streams, and watersheds. Projects shall improve climate resilience, water supplies, or water quality OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 805 Arambula [D]Authorizes the State Water Resources Control Board (State Water Board) to require a sewer service provider—for a sewer system that has the reasonable potential to cause a violation of water quality objectives; impair present or future beneficial uses of water; or cause pollution, nuisance, or contamination of waters of the state—to contract with an administrator designated or approved by the State Water Board. Currently on the Senate Appropriations Committee's Suspense File 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 - Work With Author CSDA - Oppose Unless Amended ACWA - Not Favor AB 1567 E. Garcia [D]Would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, Clean Energy, and Workforce Development Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $15,995,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, clean energy, and workforce development programs. Referred to the Senate Natural Resources and Water Committee and the Senate Governance and Finance Committee. Not going to be the vehicle for the climate bond Watch Guiding Priorities: Obtain financial assistance for OC San projects through grants, loans, and legislative directed funding. ACC-OC - NYC LOCC - Support if Amended CASA - Support if Amended CSDA -Support if Amended ACWA - Support if Amended AB 1820 Schiavo [D]Current law requires a city or county to deem an applicant for a housing development project to have submitted a preliminary application upon providing specified information about the proposed project to the city or county from which approval for the project is being sought. Current law requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted. This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined, and would require the local agency to provide the estimate within 30 business days of the submission of the preliminary application. For development fees imposed by an agency other than a city or county, the bill would require the development proponent to request the fee schedule from the agency that imposes the fee. Currently in the Senate Housing Committee Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Oppose Unless Amended CASA - Neutral as Amended CSDA - Oppose ACWA - Watch Proposed Legislation 2024 High Priority OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 2257 Wilson [D]The California Constitution specifies various requirements with respect to the levying of assessments and property-related fees and charges by a local agency, including notice, hearing, and protest procedures, depending on the character of the assessment, fee, or charge. Current law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with these requirements. This bill would prohibit, if a local agency complies with specified procedures, a person or entity from bringing a judicial action or proceeding alleging noncompliance with the constitutional provisions for any new, increased, or extended fee or assessment, as defined, unless that person or entity has timely submitted to the local agency a written objection to that fee or assessment that specifies the grounds for alleging noncompliance, as specified. This bill would provide that local agency responses to the timely submitted written objections shall go to the weight of the evidence supporting the agency’s compliance with the substantive limitations on fees and assessments imposed by the constitutional provisions. Currently in the Senate Local Government Committee Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Neutral CASA - Support CSDA - Support ACWA - Sponsor AB 2515 Papan [D]This bill would similarly prohibit any person from manufacturing, distributing, selling, or offering for sale in the state any menstrual products that contain regulated PFAS, as defined. The bill would authorize the Department of Toxic Substances Control to adopt guidance or regulations, as specified, for the purposes of implementing and enforcing these provisions. The bill would require the department to issue guidance related to testing for regulated PFAS in menstrual products and would exempt that guidance from the Administrative Procedure Act. The bill would authorize the department to issue a cease and desist order to a manufacturer of a menstrual product under specified circumstances. The bill would make a violation of these provisions punishable by civil penalties, as specified, and would authorize the Attorney General by request of the department, a city attorney, a county counsel, or a city prosecutor to bring an action to enforce these provisions. The bill would create, and would require all moneys collected from penalties to be deposited in, the T.A.M.P.O.N. Act Fund. Currently in the Senate Judiciary Committee Support 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 OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 2533 Carrillo [D]This bill would prohibit a local agency from denying a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 2020, for certain violations, unless the local agency makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard. The bill would require a local agency to inform the public about the provisions prohibiting denial of a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit. The bill would require this information to include a checklist of the conditions that deem a building substandard and to inform homeowners that, before submitting a permit application, the homeowner may obtain a confidential third-party code inspection from a licensed contractor. The bill would prohibit a local agency from requiring a homeowner to pay impact fees or connection or capacity charges except under specified circumstances. Currently in the Senate Local Government Committee Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Oppose Unless Amended ACWA - NYC AB 2557 Ortega [D]Existing law relating to the government of counties authorizes a county board of supervisors to contract for certain types of special services on behalf of the county, any county officer or department, or any district or court in the county. Existing law requires those special services contracts to be with persons who are specially trained, experienced, expert, and competent to perform those services. This bill would require each person who enters into a specified contract for special services with the board of supervisors to submit semiannual performance reports, as prescribed, every 180 days, to the board of supervisors and the exclusive representative of the employee organization. The bill would require the board or its representative to monitor semiannual performance reports to evaluate the quality of services. The bill would require contract terms exceeding 2 years to undergo a performance audit, as prescribed, by an independent auditor approved by the board to determine whether the performance standards are being met. Currently in the Senate Public Employment and Labor Committee Watch Legislative and Regulatory Policies: Labor Relations/Human Resources: Oppose efforts reducing local control over public employee disputes and imposing regulations on an outside agency. ACC-OC - NYC LOCC - Oppose CASA - Oppose CSDA - Oppose ACWA - Not Favor AB 2626 Dixon [R]This bill would extend the compliance dates for local government set forth in the Advanced Clean Fleets Regulation by 10 years. The bill would prohibit the state board from taking enforcement action against a local government for violating the Advanced Clean Fleets Regulation if the alleged violation occurs before January 1, 2025. Dead Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - NYC CASA - NYC CSDA - Support ACWA - NYC AB 2761 Hart [D]This bill would enact the Reducing Toxics in Packaging Act, which would prohibit, beginning January 1, 2026, a person from manufacturing, selling, offering for sale, or distributing in the state plastic packaging that contains certain chemicals, as specified. The bill would exclude from that prohibition packaging used for certain medical, drug, and federally regulated products. The bill would authorize the imposition of a civil penalty for a violation of that prohibition, as specified. Currently in the Senate Rules Committee Watch State Priorities: Support legislation or regulations that restrict the use of microplastics and chemicals of emerging concern in any product that is disposed of through the sewer system. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Watch ACWA - NYC OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 2894 Gallagher [D]Spot Bill related to Indoor Residential Water Use.Dead Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - NYC CASA - NYC CSDA - Watch ACWA - NYC AB 3073 Haney [D]Would require the State Department of Public Health, in consultation with participating wastewater treatment facilities, local public health agencies, and other subject matter experts, to create a pilot program to test for high- risk substances and related treatment medications in wastewater. Under the bill, the goal of the program would be to determine how wastewater data can be used by state and local public health programs to address substance abuse in California. The bill would require the department to develop a list of target substances to be analyzed during the program that may include cocaine, fentanyl, methamphetamine, xylazine, methadone, buprenorphine, and naloxone. The bill would require the department, on or before July 1, 2025, to solicit voluntary participation from local public health agencies and wastewater treatment facilities, as specified. The bill would require the department to work with the participating agencies and facilities to collect samples and to arrange for those samples to be tested by qualified laboratories. The bill would require the department, in consultation with public health agencies and subject matter experts, to analyze test results to determine possible public health interventions. Dead Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - NYC CASA - Support, if amended CSDA - Oppose Unless Amended ACWA - Watch ACA 2 Alanis [R]Would establish the Water and Wildfire Resiliency Fund within the State Treasury, and would require the Treasurer to annually transfer an amount equal to 3 percent of all state revenues that may be appropriated as described from the General Fund to the Water and Wildfire Resiliency Fund. The measure would require the moneys in the fund to be appropriated by the Legislature and would require that 50 percent of the moneys in the fund be used for water projects, as specified, and that the other 50 percent of the moneys in the fund be used for forest maintenance and health projects, as specified. Referred to the Assembly Water, Parks, and Wildfire Committee and the Assembly Natural Resources Committee Watch Guiding Priorities: Obtain financial assistance for OC San projects through grants, loans, and legislative directed funding. ACC-OC - NYC LOCC - NYC CASA - NYC CSDA - Watch ACWA - NYC SB 867 Allen [D]Would enact the Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access, and Clean Energy Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $15,500,000,000 pursuant to the State General Obligation Bond Law to finance projects for drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature-based climate solutions, climate smart agriculture, park creation and outdoor access, and clean energy programs. Currently in the Assembly Natural Resources Committee Watch Guiding Priorities: Obtain financial assistance for OC San projects through grants, loans, and legislative directed funding. ACC-OC - NYC LOCC - Support if Amended CASA - Support if Amended CSDA - Support if Amended ACWA - Support if Amended OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 903 Skinner [D]This bill would, beginning January 1, 2030, prohibit a person from distributing, selling, or offering for sale a product that contains intentionally added PFAS, as defined, unless the Department of Toxic Substances Control has made a determination that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is used. The bill would specify the criteria and procedures for determining whether the use of PFAS in a product is a currently unavoidable use, for renewing that determination, and for revoking that determination. The bill would require the department to maintain on its internet website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition. The bill would impose a civil penalty for a violation of the prohibition, as specified. Dead Support State Priorities: Monitor state legislation as well as State Water Resources Control Board (SWRCB) regulatory activity related to PFAS. ACC-OC - NYC LOCC - Support CASA - Sponsor CSDA - Watch ACWA - Favor SB 937 Wiener [D]The Permit Streamlining Act, among other things, requires a public agency that is the lead agency for a development project to approve or disapprove that project within specified time periods. Current law extended by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before, and was in effect on, March 4, 2020, and that would expire before December 31, 2021, except as specified. Current law provides that if the state or a local agency extended the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement for not less than 18 months, as specified, that housing entitlement would not be extended an additional 18 months pursuant to these provisions. This bill would extend by 24 months the period for the expiration, effectuation, or utilization of a housing entitlement, entitlement for a priority residential development project, as those terms are defined, that was issued before January 1, 2024, and that will expire before December 31, 2025, except as specified. The bill would toll this 24-month extension during any time that the housing entitlement is the subject of a legal challenge. By adding to the duties of local officials with respect to housing entitlements, this bill would impose a state- mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. Currently in the Assembly Appropriations Committee Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Oppose Unless Amended CASA - Oppose Unless Amended CSDA - Oppose Unless Amended ACWA - Watch OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 972 Min [D]Current law requires the Department of Resources Recycling and Recovery, in consultation with the State Air Resources Board, to adopt regulations, as provided, that achieve the targets for reducing organic waste in landfills. This bill would require the department to provide procedures for local jurisdictions to request technical assistance regarding organic waste and methane reduction requirements from the department, to post those procedures on its internet website, and to provide that technical assistance, as specified. The bill would require the department to report to the Legislature, on or before January 1, 2028, on, among other things relating to organic waste and methane reduction, the status of the technical assistance provided to local jurisdictions and, on or before January 1, 2031, on the state’s ability to meet the targets for reducing the disposal of organic waste in landfills and any recommendations to modify the program to achieve those goals. Currently in the Assembly Appropriations Committee Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Sponsor CASA - Support CSDA - Watch ACWA - NYC SB 1034 Seyarto [R]This bill would revise the unusual circumstances under which the time limit may be extended to include the need to search for, collect, appropriately examine, and copy records during a state of emergency proclaimed by the Governor when the state of emergency has affected the agency’s ability to timely respond to requests due to decreased staffing or closure of the agency’s facilities. Currently on the Senate Floor waiting for concurrence Support 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 - Favor SB 1072 Padilla [D]The California Constitution sets forth various requirements for the imposition of local taxes. The California Constitution excludes from classification as a tax assessments and property-related fees imposed in accordance with provisions of the California Constitution that establish requirements for those assessments and property-related fees. Under these requirements, an assessment is prohibited from being imposed on any parcel if it exceeds the reasonable cost of the proportional special benefit conferred on that parcel, and a fee or charge imposed on any parcel or person as an incident of property ownership is prohibited from exceeding the proportional cost of the service attributable to the parcel. Current law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local compliance with the requirements of the California Constitution for assessments and property-related fees. This bill would require a local agency, if a court determines that a fee or charge for a property-related service, as specified, violates the above-described provisions of the California Constitution relating to fees and charges, to credit the amount of the fee or charge attributable to the violation against the amount of the revenues required to provide the property-related service, unless a refund is explicitly provided for by statute. Currently on the Assembly Floor 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 - Support CSDA - Support ACWA - Favor OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 1147 Portantino [D]The Sherman Food, Drug, and Cosmetic Law regulates, among other things, the manufacture, production, processing, and packing of any food, drug, device, or cosmetic, and is administered by the State Department of Public Health. The law prescribes various quality and labeling standards for bottled water and vended water, and limits the levels of certain contaminants that may be contained in those water products. Current law makes a violation of the law or regulation adopted pursuant to the law a crime. Current law requires, as a condition of licensure, a water-bottling plant, as defined, to annually prepare a water-bottling plant report, as specified, and to make the report available to each customer, upon request. This bill would require, upon adoption by the State Water Resources Control Board of a primary drinking water standard for microplastics, any water-bottling plant that produces bottled water that is sold in this state to provide the State Department of Public Health’s Food and Drug Branch an annual report on the levels of microplastics found in the source water used for bottling and in the final bottled water product that is offered for sale, as provided. The bill would require this report to be included with the annual water-bottling plant report and, upon request, be made available to each consumer. Currently in the Assembly Appropriations Committee Watch Legislative and Regulatory Policies: Source Control - Support legislation and/or regulations that restrict the use of microplastics and chemicals of emerging concern in any product that is disposed of through the sanitary sewer system. ACC-OC - NYC LOCC - NYC CASA - Oppose Unless Amended CSDA - Oppose Unless Amended ACWA - Watch SB 1210 Skinner [D]Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations, gas corporations, sewer system corporations, and water corporations, while local publicly owned utilities, including municipal utility districts, public utility districts, and irrigation districts, are under the direction of their governing boards. This bill would, for new housing construction, require the above-described utilities, on or before January 1, 2026, to publicly post on their internet websites (1) the schedule of fees for a service connection, capacity, or other point of connection charge for each housing development type, including, but not limited to, accessory dwelling unit, mixed-use, multifamily, and single-family developments, except as specified, and (2) the estimated timeframes for completing typical service connections needed for each housing development type, as specified. The bill would exempt from its provisions an independent special district that does not maintain an internet website due to a hardship, as provided. To the extent that this bill imposes new requirements on certain local agencies, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws Currently in the Senate Appropriations Committee Oppose 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 - Neutral, as Amended CSDA - Watch ACWA - Watch OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 1266 Limon [D]Current law prohibits the manufacture, sale, or distribution in commerce of any bottle or cup that contains bisphenol A, as specified, if the bottle or cup is designed or intended to be filled with any liquid, food, or beverage intended primarily for consumption by children 3 years of age or younger. The prohibition above does not apply to a product subject to a regulatory response by the department as of the date that the department posts a prescribed notice regarding the department’s adoption of the regulatory response. Current law additionally requires manufacturers to use the least toxic alternative when replacing bisphenol in containers and prohibits manufacturers from replacing bisphenol A with chemicals known to cause cancer or reproductive harm, as specified. This bill would, on and after January 1, 2026, apply the above prohibitions and requirements to any juvenile’s feeding product or juvenile’s sucking or teething product, as defined, that contains any form of bisphenol, as defined, at a detectable level above 0.1 parts per billion. The bill would authorize the department to establish standards for the juvenile’s products above that are more protective of public health, sensitive populations, or the environment than the standards established by the bill. The bill would additionally prohibit manufacturers from replacing any form of bisphenol with any chemical identified by the department as a Candidate Chemical, as specified. Currently in the Assembly Appropriations Committee Watch State Priorities: Monitor state legislation as well as State Water Resources Control Board (SWRCB) regulatory activity related to PFAS. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - NYC ACWA - NYC SB 1393 Niello [R]This bill would require the state board to establish the Advanced Clean Fleets Regulation Appeals Advisory Committee by an unspecified date for purposes of reviewing appeals of denied requests for exemptions from the requirements of the Advanced Clean Fleets Regulation. The bill would require the committee to include representatives of specified state agencies, other state and local government representatives, and representatives of private fleet owners, the electric vehicle manufacturing industry, and electrical corporations, as provided. The bill would require the committee to meet monthly and would require recordings of its meetings to be made publicly available on the state board’s internet website. The bill would require the committee to consider, and make a recommendation on, an appeal of an exemption request denial no later than 60 days after the appeal is made. Dead 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 - Favor OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OC SAN POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 1420 Caballero [D]Current law requires the State Air Resources Board to adopt hydrogen fuel regulations that ensure state funding for the production and use of hydrogen fuel contributes to the reduction of the emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants, and ensure the production and direct use of hydrogen fuel in motor vehicles also contributes to a reduced dependence on petroleum, as provided. This bill would require the state board to adopt regulations requiring that no less than 33.3% of the retail hydrogen produced for, or dispensed by, fueling stations that receive state funds is made by a qualified clean hydrogen project. Currently in the Assembly Natural Resources Committee. Watch Legislative and Regulatory Policies: Public Works: 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 exists that could be employed temporarily during periods with minimal air quality impact and protects ratepayers against dramatic rate increases and statewide power outages. ACC-OC - NYC LOCC - Oppose Unless Amended CASA - Support CSDA - NYC 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 STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2024-3708 Agenda Date:7/24/2024 Agenda Item No:3. FROM:Robert Thompson, General Manager SUBJECT: PUBLIC AFFAIRS UPDATE FOR THE MONTH OF JUNE 2024 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the month of June 2024. BACKGROUND Included in this report are recent activities of interest managed by the Public Affairs Office for the month of June 2024. RELEVANT STANDARDS ·Maintain influential legislative advocacy and a public outreach program ·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 a distinguished entity in the water/wastewater industry.Despite our industry recognition,there may be limited awareness among our customers regarding the pivotal role we play in protecting public health and the environment.The absence of direct communication through a billing method may contribute to this gap in knowledge. It is our responsibility to ensure that our ratepayers are aware of the vital services we provide.Many customers may not realize that improper waste disposal into the sanitation system can adversely impact our sewer lines,treatment plants,and the quality of water supplied through GWRS.By enhancing communication channels and fostering understanding,we aim to bridge the gap and empower our ratepayers with the knowledge needed to support and appreciate the essential work we undertake for the well-being of our community and the environment. Orange County Sanitation District Printed on 7/15/2024Page 1 of 4 powered by Legistar™ File #:2024-3708 Agenda Date:7/24/2024 Agenda Item No:3. PROPOSED SOLUTION By providing tours,community outreach,education,and general communication via OC San’s website,social media,and direct mailings,we can share information with 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 and the knowledge and understanding of wastewater treatment. RAMIFICATIONS OF NOT TAKING ACTION Neglecting to inform the community,local agencies,and area businesses about OC San could lead to insufficient support for our mission, hindering our ability to fulfill our responsibilities effectively. PRIOR COMMITTEE/BOARD ACTIONS July 2022 - Public Affairs Strategic Plan for Fiscal Years 2022-2024 approved. ADDITIONAL INFORMATION Activities in June: Outreach Report An outreach report that includes tours,website updates,social media posts,construction notifications, speaking engagements, and more is attached to this Agenda Report. Social Media OC San messaging,announcements,and program updates were posted across OC San’s social media platforms. Our social media handle is @OCSanDistrict. ·Facebook: 14 posts reaching 2.6k people ·X: 8 posts reaching 601 people ·Instagram: 32 posts reaching 14.7k people ·LinkedIn: 5 posts reaching 11.1k people Presentations and Outreach Events This month,staff conducted four tours at both plants and Headquarters,engaging guests from the Cal State Fullerton Nursing Program,the Southern California Environmental Association,and the International Facility Management Association.OC San hosted the American Water Works Association ACE24 Conference,providing a tour of GWRS.We also hosted the first national Isle Technology Approval Group,updating them on the Supercritical Water Oxidation project.Additionally, staff presented to a Biosolids community group.In total we reached approximately 1,400 people for the month. Details can be found in the Outreach Report. Internal Communication In June,there were 51 posts on the employee intranet -The San Box,and four weekly emails were distributed on relevant topics.Additionally,the employee newsletter,The Pipeline,was published at the end of June. Orange County Sanitation District Printed on 7/15/2024Page 2 of 4 powered by Legistar™ File #:2024-3708 Agenda Date:7/24/2024 Agenda Item No:3. Construction Outreach Update Outreach efforts continue for OC San construction activities throughout the service area.Projects are ongoing in Fountain Valley,Costa Mesa,Buena Park,Anaheim,Newport Beach,Rossmoor,and within both of our treatment plants.Website updates,email text alerts,and direct notifications continue to be distributed as the projects progress.Details on each project can be found at www.ocsan.gov/construction. 70th Anniversary Open House OC San’s Community Open House took place on Saturday,June 8.The event welcomed 1,300 visitors to learn about the essential services we provide and how they too can become environmental stewards.OC San was joined by several agencies from across the county to showcase their contributions to the community.Various entertainment and performance groups from local schools also joined this special event.XXXXXXXXXXXX Headquarters Move In The first week of June,OC San administrative staff moved into the new Headquarters building.This move consolidated over 300 staff members into one building, allowing for easier collaboration. OC San Receives Award OC San hosted the first national Isle Technology Approval Group and was acknowledged with the 2024 Audacity award as part of the Trailblazer Award for its innovative approaches in wastewater treatment and resource recovery.The award recognized OC San’s commitment to pioneering solutions that set new standards in the industry. Local Legislative and Governmental Support Whittingham Public Affairs Advisors (WPAA)continues to provide support to OC San.A monthly report is attached to this Agenda Report.Activities to note include monitoring various City Council agendas of each of OC San’s member agencies and highlighting issues and items of relevance to OC San. Activities in July: OC San Connection Community Newsletter The summer issue of OC San’s community newsletter was distributed in July.It features a recap on the 70th Anniversary Open House,our new Headquarters building,updates on infrastructure projects, and more.The newsletter is sent electronically to about 4,500 readers and shared on our social media platforms. Member Agency Outreach Toolkit The summer outreach toolkit was distributed to our member agencies to help spread OC San messaging across a wider audience.It covers summer topics which include sand in the pipes and fats,oil,and grease.The toolkit includes graphics,articles for websites and newsletters,and social media posts. CEQA N/A Orange County Sanitation District Printed on 7/15/2024Page 3 of 4 powered by Legistar™ File #:2024-3708 Agenda Date:7/24/2024 Agenda Item No:3. FINANCIAL CONSIDERATIONS All items mentioned are included in OC San’s FY 2022-24 and FY 2024-26 Budgets. 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 Report - June 2024 ·WPAA Local Public Affairs Report - June 2024 Orange County Sanitation District Printed on 7/15/2024Page 4 of 4 powered by Legistar™ Outreach and Media Summary June 2024 OC San Public Affairs Off ice Table of Contents OUTREACH REPORT…………………………………………………………PAGE 1 FACEBOOK POSTINGS ……………………………………………...............PAGE 2 TWITTER POSTINGS …………………………………………………………PAGE 3 INSTAGRAM POSTINGS………………………………………………………PAGE 4 LINKEDIN POSTINGS………………………………………………………....PAGE 5 NEWS ARTICLES……………………………………………………………………………. PAGE 6 Outreach Report June 2024 Date Tours Attendees Tour Guide 6/11/24 Cal State Fullerton Nursing Tour 11 Cortney Light 6/14/24 Custom Pipe Company 7 Charles Falzone 6/20/24 International Facility Management Association 16 Charles Falzone 6/24/24 Local Resident Tour 9 Eric Halverson Date Speaking Engagements/Events Attendees Presenter 6/8/24 OC San Open House 1,300 6/12/24 America Water Works Association 100 Rob Thompson/ Lan Wiborg 6/12/24 Biosolids Regional Group 20 Jennifer Cabral Project Area Outreach Notifications # of People Reached Website Posts and Text Alerts Anaheim Orange Western Trunk Sewer – update 200 1 website post Costa Mesa Airway-Airport Loop Sewer Project – update 183 1 website post Cypress Cypress Trunk Sewer – project introduction 35 Rossmoor Westside Pump Station Enhancement update 95 1 notification Seal Beach Seal Beach Pump Station Replacement update 1 website post/ 1 email alert External Communications Distribution # of People Reached 5 Minutes Per Month OC San’s New Board Leadership 216 Electronic Database Board Member Talking Points One 50 Email Website Posts 6 posts 1.4k views Website Facebook 14 posts 4.2k reached Social Media Twitter 8 tweets 902 reached Social Media Instagram 32 posts 5.9k reached Social Media LinkedIn 5 posts 8.8k reached Social Media 1 1 notification/ in person meeting Post performance - Facebook Pages Data from 01 Jun, 2024 to 30 Jun, 2024 Sources Orange County Sanitation DistrictO Orange County Sanitation District Jun 28, 18:01O TOURS! We love showing everyone around our new building and ESPECIALLY giving them a tour of our reclamation plant. Thanks to American Society Of Professional Estimators for visiting us! Visit ocsan.gov to learn about taking a… 19.2%263 250 Orange County Sanitation District Jun 25, 21:26O The OC San Steering Committee Meeting (5 PM) and the Board of Directors Meeting (6 PM) are happening tomorrow, Wednesday, June 26. Click here to view the agenda: 3.95%90 76 Orange County Sanitation District Jun 25, 17:58O More than a summer job, a career. Check out our current openings at ocsan.gov/j obs. #OCSanCareers #CareersInWastewater 5.41%132 111 Orange County Sanitation District Jun 20, 22:52O At OC San, safety is a core value. Today, we conducted an earthquake drill toensure our team is ready for emergencies. Here’s a photo of our dedicatedEvacuation Coordinators who ensure everyone onsite is safely evacuated.…16.72%314 293 Orange County Sanitation District Jun 18, 19:01O 🎈 Drumroll, please! 🥁 Our Open House rale prize winners have been drawn! 🏆 Check your name and inboxes – you might be the lucky one! 🎁 Thanks formaking our event a blast! 🎈 #OCSanOpenHouse #LuckyWinners #RaleFun 1.68%142 119 Orange County Sanitation District Jun 14, 20:58O OC San received the Audacity Award! This award recognizes a utility'scontributions over the course of their innovation program journey and those thathave made significant contributions to the water industry through innovation… 😎 12.85%307 288 Orange County Sanitation District Jun 10, 22:00O We are thrilled to announce that Don Cutler will be joining OC San as the newEngineering Design Manager. With over 30 years of experience in water andwastewater, including 7 incredible years at OC San, Don joins in elevating the…10.6%312 283 Orange County Sanitation District Jun 10, 20:04O The OC San Administrative Committee Meeting is happening this week on June 12 at 5 p.m. Click here to view the full agenda:1.12%112 89 Orange County Sanitation District Jun 10, 16:20O Check out Goldens video submission for our Video Contest where he highlightsbeing an OC San Engineer. This is 1 out of 3 videos that are trying to win ourviewer's choice award. Check out the other 2 videos and like your favorite. At t…5.15%173 136 Orange County SanitationDistrict Jun 10, 16:11O Check out this video submission for our Video Contest where they highlight beingan OC San Crane Operator. This is 1 out of 3 videos that are trying to win ourviewer's choice award. Check out the other 2 videos and like/heart/react to y…25.57%397 352 Orange County SanitationDistrict Jun 10, 16:04O Check out Dannys video submission for our Video Contest where he highlightsbeing an OC San Engineer. This is 1 out of 3 videos that are trying to win ourviewer's choice award. Check out the other 2 videos and like/heart/react to y…6.61%148 121 Orange County SanitationDistrict Jun 10, 00:26O Today marks 70 years of OC San. Thank you for coming out to celebrate with us.70 looks good on us. #OCSanOpenHouse City of Fountain Valley - GovernmentCity of Santa Ana - Municipal Government City of Placentia - Government City …16.09%267 230 Orange County SanitationDistrict Jun 04, 18:28O (Post with no description)7.76%243 219 Orange County SanitationDistrict Jun 03, 22:50O The OC San Operations Committee Meeting is happening on June 5 at 5 PM. Click here to view the full agenda:4.4%107 91 DATE POST ENGAGEMENT RATE IMPRESSIONS REACH 2 Post performance - Twitter Data from 01 Jun, 2024 to 30 Jun, 2024 Sources @OCSanDistrict @OCSanDistrict Jun 28, 18:01 TOURS! We love showing everyone around our new building and ESPECIALLY giving them a tour of our reclamation plant. Thanks to the OC branch of American Society of Professional Estimators for joining us! Visit http://ocsan.go… 13.04%6 46 @OCSanDistrict Jun 25, 17:58 More than a summer job, a career. Check out our current openings at http://ocsa n.gov/jobs. #OCSanCareers #CareersInWastewater https://twitter.com/OCSanDi strict/status/1805661803952652616/video/1 6.67%4 60 @OCSanDistrict Jun 20, 22:52 At OC San, safety is a core value. Today, we conducted an earthquake drill to ensure our team is ready for emergencies. Here’s a photo of our dedicated Evacuation Coordinators who ensure everyone onsite is safely evacuated.… 1.2%1 83 @OCSanDistrict Jun 18, 19:01 🎈 Drumroll, please! 🥁 Our Open House rale prize winners have been drawn! 🏆 Check your name and inboxes – you might be the lucky one! 🎁 Thanks formaking our event a blast! 🎈 #OCSanOpenHouse #LuckyWinners #RaleFun …2%1 50 @OCSanDistrict Jun 14, 20:58 OC San received the Audacity Award, it recognizes a utility's contributions overthe course of their innovation program journey & those that have madesignificant contributions to the water industry through innovation eorts. Thank…5%3 60 @OCSanDistrict Jun 10, 22:00 We are thrilled to announce that Don Cutler will be joining OC San as the newEngineering Design Manager. With over 30 years of experience in water andwastewater, including 7 incredible years at OC San, Don joins in elevating the…6.41%5 78 @OCSanDistrict Jun 10, 00:27 Today marks 70 years of OC San. Thank you for coming out to celebrate with us.70 looks good on us. #OCSanOpenHouse https://twitter.com/OCSanDistrict/status/1799961607507784016/video/1 11.81%17 144 @OCSanDistrict Jun 04, 18:28 https://twitter.com/OCSanDistrict/status/1798059165254078755/photo/1 10.75%10 93 DATE POST ENGAGEMENT RATE ENGAGEMENTS IMPRESSIONS 3 Post performance - Instagram Business Data from 01 Jun, 2024 to 30 Jun, 2024 Sources ocsandistrictO ocsandistrict Jun 28, 18:01O TOURS! We love showing everyone around our new building and ESPECIALLY giving them a tour of our reclamation plant. Visit ocsan.gov to learn about taking a tour! 14.75%231 30 217 ocsandistrict Jun 25, 17:57O More than a summer job, a career. Check out our current openings at ocsan.gov/j obs. #OCSanCareers #CareersInWastewater 7.25%0 9 138 ocsandistrict Jun 20, 22:52O At OC San, safety is a core value. Today, we conducted an earthquake drill to ensure our team is ready for emergencies. Here’s a photo of our dedicated Evacuation Coordinators who ensure everyone onsite is safely evacuated.… 8.85%250 19 226 ocsandistrict Jun 18, 19:01O 🎈 Drumroll, please! 🥁 Our Open House rale prize winners have been drawn! 🏆 Check your name and inboxes – you might be the lucky one! 🎁 Thanks formaking our event a blast! 🎈 #OCSanOpenHouse #LuckyWinners #RaleFun 5.46%206 9 183 ocsandistrict Jun 14, 20:58O OC San received the Audacity Award! This award recognizes a utility'scontributions over the course of their innovation program journey and those thathave made significant contributions to the water industry through innovation… 😎 6.49%257 14 231 ocsandistrict Jun 10, 22:00O We are thrilled to announce that Don Cutler will be joining OC San as the newEngineering Design Manager. With over 30 years of experience in water andwastewater, including 7 incredible years at OC San, Don joins in elevating the…3.56%624 18 506 ocsandistrict Jun 10, 19:54O So glad we got to have our friends from @midwaycitysanitarydistrict join us for the Open House 0%154 0 153 ocsandistrict Jun 10, 16:20O Check out Goldens video submission for our Video Contest where he highlightsbeing an OC San Engineer. This is 1 out of 3 videos that are trying to win ourviewer's choice award. Check out the other 2 videos and like/heart/react to y…17.83%0 576 5,710 ocsandistrict Jun 10, 16:12O Check out Jenny's video submission for our Video Contest where she highlightsbeing an OC San Crane Operator. This is 1 out of 3 videos that are trying to winour viewer's choice award. Check out the other 2 videos and like your favorite.…37.69%0 708 2,884 ocsandistrict Jun 10, 16:05O Check out Dannys video submission for our Video Contest where he highlightsbeing an OC San Engineer. This is 1 out of 3 videos that are trying to win ourviewer's choice award. Check out the other 2 videos and like your favorite. At t…6.83%0 56 879 ocsandistrict Jun 09, 23:40O (No description)0%116 0 115 ocsandistrict Jun 09, 23:39O Today marks 70 years of OC San. Thank you for coming out to celebrate with us. 70 looks good on us. #ocsanopenhouse 10.97%0 49 766 ocsandistrict Jun 08, 22:11O Blown away by @fvrrbattery 🔥 🔥0%108 0 108 ocsandistrict Jun 08, 22:10O Shoutout to @fvproud for coming out to support.0%115 0 115 ocsandistrict Jun 08, 22:06O That’s us!0%123 0 122 ocsandistrict Jun 08, 18:38O (No description)0%145 0 141 ocsandistrict Jun 08, 18:35O (No description)0%144 0 142 ocsandistrict Jun 08, 17:57O (No description)0%145 0 143 ocsandistrict Jun 08, 17:57O (No description)0%154 0 147 ocsandistrict Jun 08, 17:56O (No description)0%149 0 145 ocsandistrict Jun 08, 16:43O A whole schedule of things to do! Come check it out. 18480 bandilier circle,fountain valley, CA 0%142 0 139 ocsandistrict Jun 08, 16:28O (No description)0%163 0 157 ocsandistrict Jun 08, 16:28O (No description)0%165 0 159 ocsandistrict Jun 08, 16:20O The lab has the spirit and water in them!0%166 0 161 ocsandistrict Jun 08, 16:19O Tours are out!!! Seats available in person.0%170 0 164 ocsandistrict Jun 08, 15:09O The big day is here! OC San Open House. Stop by at 9 am 18480 bandilier circle, fountain valley, CA 0%180 0 173 ocsandistrict Jun 07, 23:19O (No description)0%197 0 190 ocsandistrict Jun 07, 21:26O Taylor wants to know if you’re coming to the Open House?0%211 0 206 ocsandistrict Jun 05, 18:44O (No description)0%74 0 73 ocsandistrict Jun 05, 18:43O The new OC San Headquarters has been a long time coming and now that it’shere, we appreciate all the kind words and visitors we’ve had since its opening.To check it out visit the upcoming OC San Open House. Full details at ocsan.g…7.9%0 41 595 ocsandistrict Jun 05, 18:24O (No description)0%80 0 80 ocsandistrict Jun 04, 18:28O Not all heroes wear capes... some wear hard hats and go through pipes!Shoutout to our amazing sta for keeping the flow going at OC San.#MysteryOfThePipes #OCSan 8.26%396 26 363 ocsandistrict Jun 04, 17:20O (No description)0%99 0 98 DATE POST ENGAGEMENT RATE IMPRESSIONS LIKES REACH 4 Post performance - LinkedIn Pages Data from 01 Jun, 2024 to 30 Jun, 2024 Sources Orange County Sanitation District Orange County Sanitation District Jun 28, 18:01 TOURS! We love showing everyone around our new building and ESPECIALLY giving them a tour of our reclamation plant. Thanks to American Society of Professional Estimators for visiting us! Visit ocsan.gov to learn about taking a… 12.55%2,718 56 0 Orange County Sanitation District Jun 25, 17:58 More than a summer job, a career. Check out our current openings at ocsan.gov/j obs. #OCSanCareers #CareersInWastewater 9.31%784 5 3 Orange County Sanitation District Jun 20, 22:52 At OC San, safety is a core value. Today, we conducted an earthquake drill to ensure our team is ready for emergencies. Here’s a photo of our dedicated Evacuation Coordinators who ensure everyone onsite is safely evacuated.… 6.91%811 21 0 Orange County Sanitation District Jun 14, 20:58 OC San received the Audacity Award! This award recognizes a utility'scontributions over the course of their innovation program journey and those thathave made significant contributions to the water industry through innovation… 😎 9.95%1,075 45 0 Orange County Sanitation District Jun 10, 22:00 We are thrilled to announce that Don Cutler will be joining OC San as the newEngineering Design Manager. With over 30 years of experience in water andwastewater, including 7 incredible years at OC San, Don joins in elevating the…7.22%6,893 184 0 DATE POST ENGAGEMENT RATE IMPRESSIONS REACTIONS SHARES 5 Article Date Source Link ENR 2024 Water Report: Managers Look to Potable Water Reuse 6/12/2024 ENR News https://www.enr.com/articles/58816-enr-2024- water-report-managers-look-to-potable-water- reuse WIFIA funding helps communities address the impacts of climate change 6/14/2024 American City and County https://www.americancityandcounty.com/202 4/06/14/wifia-funding-helps-communities- address-the-impacts-of-climate-change/ OC San Orange County Sanitation District Educational Open House Tour - YouTube 6/17/2024 You Tube OC San Orange County Sanitation District Educational Open House Tour - YouTube OC Sanitation District Announces New Board Leadership 6/24/2024 Fullerton Observer https://fullertonobserver.com/2024/06/24/oc- sanitation-district-announces-new-board- leadership/ Orange County Sanitation District Elects Ryan Gallagher and Jon Dumitru as Chairman and Vice-Chairman 6/25/2024 Waste 360 https://www.waste360.com/industry- insights/orange-county-sanitation-district- elects-ryan-gallagher-and-jon-dumitru-as- chairman-and-vice-chairman Water At 4 South OC Beaches Have 'Illness-Inducing' Bacteria Levels 6/27/2024 The Patch https://patch.com/california/lagunaniguel- danapoint/5-south-oc-beachs-ocean-waters- measure-high-bacteria-levels Media Articles for June 6 Whittingham PAA, LLC 31441 Santa Margarita Parkway, Suite A181 ▪ Rancho Santa Margarita, CA 92688 (949) 280-9181 ▪ peter@whittinghampaa.com TO: Orange County Sanitation District FROM: Whittingham Public Affairs Advisors DATE: June 27, 2024 SUBJECT: Local Legislative Report The month of June has been highlighted by a variety of noteworthy events in Orange County. Following is a few of the more notable developments and issues of the month: • The Orange County Board of Supervisors continued to conduct interviews of candidates to replace current Chief Executive Officer Frank Kim, whose last day in the position will be July 11. No successor has been named, and since the next Board of Supervisors meeting where all five Supervisors are scheduled to be present will not be until August, an interim CEO will likely be named over the next several days. The next CEO will take the helm of the County, overseeing 16,000 employees and a $9.5 billion budget. • The Orange County Grand Jury released a report entitled, “Emerging Opportunities in South County Water/Wastewater Systems,” which focused on Santa Margarita Water District’s assumption of water and wastewater services for the City of San Juan Capistrano and the interagency dialogue and negotiations at South Orange County Wastewater Authority (SOCWA). The Grand Jury recommended that LAFCO research the implementation of post-consolidation reviews 24 months after agency reorganizations, and also recommended the formation of a task force by January 1, 2025 of the seven SOCWA member agencies to study the transformation of SOCWA and prepare a report on the future of wastewater services in south Orange County. • Aldo Schindler began his tenure June 10 as City Manager for the City of Tustin. Mr. Schindler has served most recently in a similar capacity for the City of Artesia, CA, and has more than 20 years of experience with a number of cities and agencies in L.A. County. • The County of Orange and cities across Orange County adopted budgets for the 2024-25 fiscal year, keeping one eye on budget negotiations in Sacramento that will necessitate slashing programs and imposing new taxes on businesses to address a $46.8 billion deficit. 2 • The South Coast Air Quality Management District (SCAQMD) Governing Board approved Rule 317.1 at its June 7th Governing Board meeting. PR 317.1 was spurred by the U.S. EPA’s revocation of the region’s attainment of the 8-hour Ozone standard for 1997 and 2008. Rule 317.1 establishes annual penalty fees for 320 Title V permit facilities in the region, including Orange County Sanitation District’s Fountain Valley and Huntington Beach facilities, the Disneyland Resort, Hoag Hospital in Newport Beach, and Providence St. Joseph Hospital in Orange. As part of our scope of work, Whittingham Public Affairs Advisors (WPAA) has monitored the various City Council agendas of each of the District’s members and highlighted issues and items of relevance to OC San. Of note, many cities considered and adopted their respective seven-year CIP, including street resurfacing plans. It is a pleasure to work with you and to represent the Orange County Sanitation District. Sincerely, Peter Whittingham STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2024-3727 Agenda Date:7/24/2024 Agenda Item No:4. FROM:Robert Thompson, General Manager Originator: Laura Maravilla, Director of Human Resources SUBJECT: BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT EMPLOYEES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Adopt Resolution No.OC SAN 24-XX entitled:“A Resolution of the Board of Directors of the Orange County Sanitation District Approving Benefit Adjustments for At-Will Executive Management Team Employees Commencing on Fiscal Year 2024-2025”. BACKGROUND There are seven EMT at-will employees who provide leadership,strategic direction,and department oversight for the Orange County Sanitation District (OC San).These at-will employees are in the following job classifications: ·Assistant General Manager ·Director of Communications ·Director of Engineering ·Director of Environmental Services ·Director of Finance ·Director of Human Resources ·Director of Operations & Maintenance The General Manager is recommending benefit changes effective the first pay period in July 2024, for a total annual cost increase in the amount of $54,000, as follows: Orange County Sanitation District Printed on 7/17/2024Page 1 of 3 powered by Legistar™ File #:2024-3727 Agenda Date:7/24/2024 Agenda Item No:4. Benefit Type Current Benefit Proposed Change Current Cost (Annual) Cost Increase (Annual) 457(b) Deferred Compensation - Matching Employer Contribution OC San matching contribution for an amount not to exceed $300 per month for EMT employees assigned to the classic open (B) or PEPRA (U) retirement plans Increase to an amount not to exceed $500 per month, change eligibility to apply to all EMT employees $7,200 $28,800 Technology Allowance N/A $100 per month for eligible technology- related items and services $0 $8,400 Auto Allowance $500 per month Increase to $600 per month $36,000 $8,400 Wellness Stipend N/A $100 per month for eligible physical and mental wellness expenses $0 $8,400 Total $43,200 $54,000 RELEVANT STANDARDS ·Ensure the public’s money is wisely spent ·Offer competitive compensation and benefits ·Cultivate a highly qualified, well-trained, and diverse workforce ·Maintain positive employer-employee relations PROBLEM OC San competes with other agencies to attract and retain talent.The current labor market provides many opportunities for highly qualified candidates and OC San must adapt and remain competitive to ensure it is an employer of choice.Providing competitive pay and benefits compared to the labor market is key to supporting the ability to attract and retain top talent,especially at the highly impactful executive leadership level. PROPOSED SOLUTION Adopt Resolution No.OC SAN 24-XX authorizing benefit changes for at-will EMT employees effective as of Fiscal Year 2024-2025 to strengthen their total compensation package and assist the organization with attracting and retaining employees in these critical positions. Orange County Sanitation District Printed on 7/17/2024Page 2 of 3 powered by Legistar™ File #:2024-3727 Agenda Date:7/24/2024 Agenda Item No:4. TIMING CONCERNS Salary and benefit changes generally take effect with the fiscal year in alignment with the budget. RAMIFICATIONS OF NOT TAKING ACTION Not taking timely action on benefit adjustments for unrepresented,at-will EMT employees,may impact attraction and retention of key personnel. PRIOR COMMITTEE/BOARD ACTIONS September 2022 -adopted Resolution No.OC SAN 22-27,entitled,“A Resolution of the Board of Directors of the Orange County Sanitation District Approving Salary and Benefit Adjustments for Unrepresented Executive Management Team Employees for Fiscal Years 2022/2023,2023/2024, and 2024/2025”. September 2019 -adopted Resolution No.OCSD 19-13 entitled,"A Resolution of the Board of Directors of the Orange County Sanitation District approving salary increases,salary range adjustments,and a minor increase to 457(b)matching contributions for At-Will Executive Management Team employees for Fiscal Year 2019/2020,Fiscal Year 2020/2021,and Fiscal Year 2021/2022",authorizing the General Manager to implement increases consisting of a 3%salary range adjustment annually and corresponding salary increases and up to a 5%merit increase annually based on job performance as determined by the General Manager,not to exceed Step 5 of the corresponding salary range,commencing in the first pay period of July 2019 fo Fiscal Year 2019/2020. ADDITIONAL INFORMATION N/A CEQA N/A FINANCIAL CONSIDERATIONS This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has been budgeted (Budget FY 2024-25 and FY 2025-26,Section 5,Page 5,Operating Budget)and the budget is sufficient for the recommended action. ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Resolution No. OC SAN 24-XX Orange County Sanitation District Printed on 7/17/2024Page 3 of 3 powered by Legistar™ OC SAN 24-XX-1 RESOLUTION NO. OC SAN 24-XX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING BENEFIT ADJUSTMENTS FOR AT-WILL EXECUTIVE MANAGEMENT TEAM EMPLOYEES COMMENCING ON FISCAL YEAR 2024-2025 WHEREAS, there are seven (7) executive management team at-will employees at the Orange County Sanitation District (“OC San”) who provide executive leadership, strategic direction, and department oversight for OC San; and WHEREAS, OC San is committed to remaining competitive and an employer of choice in a tight labor market to attract and retain highly qualified talent in these key leadership positions that are critical to the success of the agency; and WHEREAS, executive management team employees serve at-will under the direction of the General Manager, and based on the nature of their employment status, may be terminated at any time by OC San with or without cause. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: That the Board of Directors hereby authorizes and approves the following changes to benefits for Executive Management Team members, which shall become effective the first pay period of July 2024:  Increase OC San’s 457(b) Deferred Compensation matching employer contribution to an amount not to exceed $500 a month.  Increase auto allowance to $600 a month.  A technology allowance in the amount of $100 a month.  A wellness stipend in the amount of $100 a month. That the General Manager, or his designee, is authorized to implement the changes to benefits approved herein. PASSED AND ADOPTED at a regular meeting of the Board of Directors held July 24, 2024. ________________________________ Ryan P. Gallagher Board Chairman ATTEST: _______________________________ Kelly A. Lore, MMC Clerk of the Board OC SAN 24-XX-2 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OC SAN 24-XX was passed and adopted at a regular meeting of said Board on the 24th of July 2024, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 24th of July 2024. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2024-3704 Agenda Date:7/24/2024 Agenda Item No:CS-1 FROM:Robert Thompson, General Manager SUBJECT: CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Convene in Closed Session: Number of Cases: 1 Orange County Sanitation District v. Robert M. Jackson, et al., Orange County Superior Court Case No.30-2024-01379706-CU-OR-CJC. BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board,the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. Reports relating to (a)purchase and sale of real property;(b)matters of pending or potential litigation;(c)employment actions or negotiations with employee representatives;or which are exempt from public disclosure under the California Public Records Act,may be reviewed by the Board during a permitted closed session and are not available for public inspection.At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS ·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Memorandum from General Counsel Orange County Sanitation District Printed on 7/17/2024Page 1 of 1 powered by Legistar™ Scott C. Smith (949) 263-6561 scott.smith@bbklaw.com 18101 Von Karman Avenue.Suite 1000.Irvine, CA 92612 Phone: (949) 263-2600 | Fax: (949) 260-0972 bbklaw.com Memorandum To: Honorable Chair and Members of the Orange County Sanitation District Steering Committee From: General Counsel Date: July 24, 2024 Re: Closed Session Items The Steering Committee will hold a closed session on July 24, 2024 for the purpose of conferring with its legal counsel regarding existing litigation to which the Orange County Sanitation District is a party. The title of the case is Orange County Sanitation District v. Robert M. Jackson, et al., Orange County Superior Court Case No. 30-2024-01379706-CU-OR-CJC. The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(1). Respectfully submitted, SCOTT C. SMITH STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2024-3709 Agenda Date:7/24/2024 Agenda Item No:CS-2 FROM:Robert Thompson, General Manager SUBJECT: CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(1) RECOMMENDATION: Convene in Closed Session: Number of Cases: 1 Jose Salcido,Workers’Compensation Claim,Workers Compensation Appeals Board,Case No. ADJ14774129. BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board,the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. Reports relating to (a)purchase and sale of real property;(b)matters of pending or potential litigation;(c)employment actions or negotiations with employee representatives;or which are exempt from public disclosure under the California Public Records Act,may be reviewed by the Board during a permitted closed session and are not available for public inspection.At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS ·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Memorandum from General Counsel Orange County Sanitation District Printed on 7/17/2024Page 1 of 1 powered by Legistar™ Scott C. Smith (949) 263-6561 scott.smith@bbklaw.com 18101 Von Karman Avenue.Suite 1000.Irvine, CA 92612 Phone: (949) 263-2600 | Fax: (949) 260-0972 bbklaw.com Memorandum To: Honorable Chair and Members of the Orange County Sanitation District Steering Committee From: General Counsel Date: July 24, 2024 Re: Closed Session Items The Steering Committee will hold a closed session on July 24, 2024 for the purpose of conferring with its legal counsel regarding existing litigation (an adjudicatory proceeding) to which the Orange County Sanitation District is a party. The title of the matter is Jose Salcido, Workers’ Compensation Claim, Workers Compensation Appeals Board, Case No. ADJ14774129. The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(1). Respectfully submitted, SCOTT C. SMITH STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2024-3705 Agenda Date:7/24/2024 Agenda Item No:CS-3 FROM:Robert Thompson, General Manager SUBJECT: CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1) GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Convene in Closed Session: Number of Cases: 1 BKK Working Group, et al. v. Albertsons Companies, Inc., et al., United States District Court Central District of California, Court Case No.2:18-CV-05836-MWF(PLAx). BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board,the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. Reports relating to (a)purchase and sale of real property;(b)matters of pending or potential litigation;(c)employment actions or negotiations with employee representatives;or which are exempt from public disclosure under the California Public Records Act,may be reviewed by the Board during a permitted closed session and are not available for public inspection.At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS ·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Memorandum from General Counsel Orange County Sanitation District Printed on 7/12/2024Page 1 of 1 powered by Legistar™ Scott C. Smith (949) 263-6561 scott.smith@bbklaw.com 18101 Von Karman Avenue.Suite 1000.Irvine, CA 92612 Phone: (949) 263-2600 | Fax: (949) 260-0972 bbklaw.com Memorandum To: Honorable Chair and Members of the Orange County Sanitation District Steering Committee From: General Counsel Date: July 24, 2024 Re: Closed Session Items The Steering Committee will hold a closed session on July 24, 2024 for the purpose of conferring with its legal counsel regarding existing litigation to which the Orange County Sanitation District is a party. The title of the case is BKK Working Group, et al. v. Albertsons Companies, Inc., et al., United States District Court Central District of California, Court Case No. 2:18-CV-05836-MWF(PLAx). The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(1). Respectfully submitted, SCOTT C. SMITH STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2024-3734 Agenda Date:7/24/2024 Agenda Item No:CS-4 FROM:Laura Maravilla, Director of Human Resources SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION - GOVERNMENT CODE SECTION 54957(B) (1) RECOMMENDATION: Convene in Closed Session: Public Employee Performance Evaluation Title: General Manager BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board,the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. Reports relating to (a)purchase and sale of real property;(b)matters of pending or potential litigation;(c)employment actions or negotiations with employee representatives;or which are exempt from public disclosure under the California Public Records Act,may be reviewed by the Board during a permitted closed session and are not available for public inspection.At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS ·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Memorandum from General Counsel Orange County Sanitation District Printed on 7/17/2024Page 1 of 1 powered by Legistar™ Scott C. Smith (949) 263-6561 scott.smith@bbklaw.com 18101 Von Karman Avenue.Suite 1000.Irvine, CA 92612 Phone: (949) 263-2600 | Fax: (949) 260-0972 bbklaw.com Memorandum To: Honorable Chair and Members of the Orange County Sanitation District Steering Committee From: General Counsel Date: July 24, 2024 Re: Closed Session Items The Steering Committee will hold a closed session on July 24, 2024 for the purpose of conducting the annual public employee performance evaluation of the Orange County Sanitation District General Manager. The closed session will be held pursuant to the authority of California Government Code Section 54957(b)(1). Respectfully submitted, SCOTT C. SMITH STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2024-3738 Agenda Date:7/24/2024 Agenda Item No:CS-5 FROM:Laura Maravilla, Director of Human Resources SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE SECTION 54957.6 RECOMMENDATION: Convene in Closed Session: Agency Designated Representatives: Board Chairman Ryan Gallagher & Board Vice-Chairman Jon Dumitru Unrepresented Employee: General Manager BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board,the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. Reports relating to (a)purchase and sale of real property;(b)matters of pending or potential litigation;(c)employment actions or negotiations with employee representatives;or which are exempt from public disclosure under the California Public Records Act,may be reviewed by the Board during a permitted closed session and are not available for public inspection.At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS ·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda package: ·Memorandum from General Counsel Orange County Sanitation District Printed on 7/17/2024Page 1 of 1 powered by Legistar™ Scott C. Smith (949) 263-6561 scott.smith@bbklaw.com 18101 Von Karman Avenue.Suite 1000.Irvine, CA 92612 Phone: (949) 263-2600 | Fax: (949) 260-0972 bbklaw.com Memorandum To: Honorable Chair and Members of the Orange County Sanitation District Steering Committee From: General Counsel Date: July 24, 2024 Re: Closed Session Items The Steering Committee will hold a closed session on July 24, 2024 for the purpose of a conference with its labor negotiators regarding the Orange County Sanitation District General Manager’s compensation. The closed session will be held pursuant to the authority of California Government Code section 54957.6. Respectfully submitted, SCOTT C. SMITH 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.