HomeMy WebLinkAbout10-09-2024 Administration Committee Meeting Complete Agenda Packet
SPECIAL NOTICE
PUBLIC ATTENDANCE & PARTICIPATION AT PUBLIC MEETINGS
Administration Committee Meeting
Wednesday, October 9, 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 Headquarters Building
18480 Bandilier Circle 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: 721 141 402# 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!
October 2, 2024
NOTICE OF REGULAR MEETING ADMINISTRATION COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
Wednesday, October 9, 2024 – 5:00 P.M.
Headquarters Building 18480 Bandilier Circle 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 Administration Committee of the Orange County Sanitation District will be held at the above location and in the manner indicated on Wednesday, October 9, 2024 at 5:00 p.m.
ADMINISTRATION COMMITTEE MEETING DATE
BOARD MEETING DATE
10/09/24 10/23/24
11/13/24 11/20/24 *
12/11/24 12/18/24 *
JANUARY DARK 01/22/25
02/12/25 02/26/25
03/12/25 03/26/25
04/09/25 04/23/25
05/14/25 05/28/25
06/11/25 06/25/25
07/09/25 07/23/25
AUGUST DARK 08/27/25
09/10/25 09/24/25
* Meeting will be held on the third Wednesday of the month
ROLL CALL ADMINISTRATION COMMITTEE Finance, Information Technology, Environmental Services
and Human Resources
Meeting Date: October 9, 2024 Time: 5:00 p.m.
COMMITTEE MEMBERS (13)
Christine Marick, Chair
Glenn Grandis, Vice-Chair Brad Avery
Rose Espinoza
Farrah Khan
Jordan Nefulda
Andrew Nguyen
Robbie Pitts
David Shawver
Chad Wanke
John Withers
Ryan Gallagher (Board Chair) Jon Dumitru (Board Vice-Chair)
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
ADMINISTRATION COMMITTEE
Regular Meeting Agenda
Wednesday, October 9, 2024 - 5:00 PM
Board Room
Headquarters Building
18480 Bandilier Circle
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 OC San's Headquarters Building located at 18480 Bandilier Circle, 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
ADMINISTRATION COMMITTEE Regular Meeting Agenda Wednesday, October 9, 2024
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL AND DECLARATION OF QUORUM:
Clerk of the Board
PUBLIC COMMENTS:
Your participation is always welcome. Specific information as to how to participate in a meeting is detailed in the
Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during
meetings: you may 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 Committee Chairperson and the General Manager may present verbal reports on miscellaneous matters of
general interest to the Directors. These reports are for information only and require no action by the Directors.
CONSENT CALENDAR:
Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion,
without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in
the regular order of business.
1.2024-3859APPROVAL OF MINUTES
RECOMMENDATION:
Approve minutes of the Regular meeting of the Administration Committee held
September 11, 2024.
Originator:Kelly Lore
Agenda Report
09-11-2024 Administration Committee Meeting Minutes
Attachments:
2.2024-3861PLANT RADIO AND BASE STATION UPGRADE
RECOMMENDATION:
A. Approve a Purchase Order Contract to BEARCOM for the purchase and
programming/ installation of 122 Motorola R7 radios and two XPR 5550e base
stations for Plant Nos. 1 and 2 using the Sourcewell Cooperative Agreement, for
a total amount not to exceed $218,822; and
B. Approve a contingency in the amount of $21,882 (10%).
Page 1 of 4
ADMINISTRATION COMMITTEE Regular Meeting Agenda Wednesday, October 9, 2024
Originator:Wally Ritchie
Agenda ReportAttachments:
3.2024-3869MAXIMO TO MAXIMO APPLICATION SUITE
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Services Agreement to Total Resource Management,
Inc. to upgrade Maximo to Maximo Application Suite, Specification No.
CS-2024-623BD, for a total amount not to exceed $296,441; and
B. Approve a contingency of $44,467 (15%).
Originator:Wally Ritchie
Agenda Report
Draft Professional Services Agreement - CS-2024-623BD
Attachments:
NON-CONSENT:
4.2024-3802PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF AUGUST AND
SEPTEMBER 2024
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Public Affairs Update for the months of August and September
2024.
Originator:Jennifer Cabral
Agenda Report
Outreach and Media Report - August and September 2024
Presentation - PAO Intro and Update Aug-Sept 2024
Attachments:
5.2024-3790LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF AUGUST
AND SEPTEMBER 2024
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Legislative Affairs Update for the months of August and
September 2024.
Originator:Jennifer Cabral
Page 2 of 4
ADMINISTRATION COMMITTEE Regular Meeting Agenda Wednesday, October 9, 2024
Agenda Report
Federal Legislative Update
Federal Matrix
State Legislative Update
State Matrix
Local Legislative Report - August 2024
Local Legislative Report - September 2024
Floor Alert: SB 937 - Oppose Unless Amended: Development
Projects: Fees and Charges
Request for Signature - OC San AB 2515 (Papan)
Request for Veto - OC San SB 937 (Wiener)
Request for Signature - OC San SB 1072 (Padilla)
2025 Legislative and Regulatory Plan - DRAFT
Presentation - Townsend State Legislative Update
Presentation - Draft 2025 Legislative and Regulatory Plan
Attachments:
6.2024-3863POSITION CHANGE REQUEST FOR FISCAL YEAR 2024-25
RECOMMENDATION: Recommend to the Board of Directors to:
Approve the upgrade of one vacant Lead Facilities Worker (Salary Grade LOC66)
position to Building Maintenance Technician (Salary Grade LOC67) position for FY
2024-25.
Originator:Laura Maravilla
Agenda ReportAttachments:
INFORMATION ITEMS:
7.2024-3875SUPERCRITICAL WATER OXIDATION UPDATE
RECOMMENDATION:
Information Item.
Originator:Rob Thompson
Agenda Report
Presentation - SCWO Update
Attachments:
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
None.
Page 3 of 4
ADMINISTRATION COMMITTEE Regular Meeting Agenda Wednesday, October 9, 2024
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 Administration Committee on November
13, 2024 at 5:00 p.m.
Page 4 of 4
ADMINISTRATION COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3859 Agenda Date:10/9/2024 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 Administration Committee held September 11, 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 24-09
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·September 11, 2024 Administration Committee meeting minutes
Orange County Sanitation District Printed on 9/27/2024Page 1 of 1
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Orange County Sanitation District
Minutes for the
ADMINISTRATION COMMITTEE
Wednesday, September 11, 2024
5:00 PM
Board Room
Headquarters Building
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A regular meeting of the Administration Committee of the Orange County Sanitation District
was called to order by Committee Chairwoman Christine Marick on Wednesday, September
11, 2024 at 5:00 p.m. in the Headquarters Building of the Orange County Sanitation District.
Board Chair Ryan Gallagher led the pledge of allegiance.
ROLL CALL AND DECLARATION OF QUORUM:
Assistant Clerk of the Board Tina Knapp declared a quorum present as follows:
PRESENT:Brad Avery, Jon Dumitru, Ryan Gallagher, Glenn Grandis, Farrah
Khan, Christine Marick, Jordan Nefulda, Robbie Pitts, David Shawver,
Chad Wanke, John Withers, Jose Medrano (Alternate) and Tyler Diep
(Alternate)
ABSENT:None
STAFF PRESENT: 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 and Maintenance; Lan Wiborg, Director of Environmental Services; Tina Knapp,
Assistant Clerk of the Board; Shawn Carman; Jackie Castro; Daisy Covarrubias; Sam Choi;
Thys DeVries; Rhea de Guzman; Al Garcia; Mark Kawamoto; Joe Manzella; Tom Meregillano;
Rob Michaels; Perla Rodriguez; Thomas Vu; Kevin Work; and Ruth Zintzun were present in
the Board Room.
OTHERS PRESENT: Ryan Baron, General Counsel, and Alex King and Andrew Lopez,
EIDIM, were present in the Board Room.
PUBLIC COMMENTS:
None.
Ms. Knapp indicated that presentations for Item Nos. 5 and 6 were prepared after distribution
of the agenda and were provided to the Committee and made available to the public earlier
today.
Director Chad Wanke arrived at the meeting at 5:02 p.m.
Page 1 of 5
ADMINISTRATION
COMMITTEE
Minutes September 11, 2024
REPORTS:
Chair Marick announced that a Special meeting of the Board of Directors will take place on
Friday, October 25, 2024 at 11:00 a.m. for the State of OC San at Mile Square Park Golf
Course.
General Manager Rob Thompson did not provide a report.
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2024-3746
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve minutes of the Regular meeting of the Administration Committee held July 17,
2024.
AYES:Brad Avery, Jon Dumitru, Ryan Gallagher, Glenn Grandis, Farrah
Khan, Christine Marick, Jordan Nefulda, Robbie Pitts, Chad Wanke,
John Withers, Jose Medrano (Alternate) and Tyler Diep (Alternate)
NOES:None
ABSENT:David Shawver
ABSTENTIONS:None
2.UPGRADE AND MIGRATION OF TIMECARD SOFTWARE
(WORKFORCE)
2024-3788
Originator: Wally Ritchie
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Workforce Software SaaS and Professional Services Agreement to
WorkForce Software, LLC for the Migration and Upgrade of the WorkForce
software, for a five year term commencing October 1, 2024 and ending
September 30, 2029, for a total amount not to exceed $628,015; and
B. Approve a contingency in the amount of $62,802 (10%).
AYES:Brad Avery, Jon Dumitru, Ryan Gallagher, Glenn Grandis, Farrah
Khan, Christine Marick, Jordan Nefulda, Robbie Pitts, Chad Wanke,
John Withers, Jose Medrano (Alternate) and Tyler Diep (Alternate)
NOES:None
ABSENT:David Shawver
ABSTENTIONS:None
Page 2 of 5
ADMINISTRATION
COMMITTEE
Minutes September 11, 2024
3.REIMBURSEMENTS TO BOARD MEMBERS AND STAFF 2024-3806
Originator: Wally Ritchie
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file report of reimbursements to Board Members and Staff per
Government Code Section 53065.5 for the period July 1, 2023 through June 30, 2024.
AYES:Brad Avery, Jon Dumitru, Ryan Gallagher, Glenn Grandis, Farrah
Khan, Christine Marick, Jordan Nefulda, Robbie Pitts, Chad Wanke,
John Withers, Jose Medrano (Alternate) and Tyler Diep (Alternate)
NOES:None
ABSENT:David Shawver
ABSTENTIONS:None
NON-CONSENT:
4.INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT
FUND
2024-3693
Originator: Wally Ritchie
Assistant General Manager Lorenzo Tyner provided an overview of the investment of
monies in the Local Agency Investment Fund.
MOVED, SECONDED, AND DULY CARRIED TO: 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 Authorizing Investment of Monies in the State
of California’s Treasurer’s Office Local Agency Investment Fund; and Repealing
Resolution No. 95-15”.
AYES:Brad Avery, Jon Dumitru, Ryan Gallagher, Glenn Grandis, Farrah
Khan, Christine Marick, Jordan Nefulda, Robbie Pitts, Chad Wanke,
John Withers, Jose Medrano (Alternate) and Tyler Diep (Alternate)
NOES:None
ABSENT:David Shawver
ABSTENTIONS:None
Director David Shawver arrived at the meeting at 5:07 p.m.
5.INTERNAL AUDIT UPDATE 2024-3794
Originator: Lorenzo Tyner
Page 3 of 5
ADMINISTRATION
COMMITTEE
Minutes September 11, 2024
Mr. Tyner provided a PowerPoint presentation regarding the internal audit which
included an overview of the accounts payable vendor and construction change orders
review and next steps.
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Accounts Payable Vendor Review Internal Audit Report and the
Construction Change Orders Review Internal Audit Report prepared by the audit firm of
Eide Bailly LLP.
AYES:Brad Avery, Jon Dumitru, Ryan Gallagher, Glenn Grandis, Farrah
Khan, Christine Marick, Jordan Nefulda, Robbie Pitts, David Shawver,
Chad Wanke, John Withers, Jose Medrano (Alternate) and Tyler Diep
(Alternate)
NOES:None
ABSENT:None
ABSTENTIONS:None
INFORMATION ITEMS:
6.FINANCIAL MANAGEMENT OVERVIEW 2024-3793
Originator: Wally Ritchie
Mr. Tyner introduced the item and Finance Manager Ruth Zintzun, who provided a
PowerPoint presentation regarding financial management, including overview of
financial reporting, accounts payable, payroll, revenue, budget, planning, debt,
treasury, real estate, and upcoming efforts.
ITEM RECEIVED AS AN:
Information Item.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
Page 4 of 5
ADMINISTRATION
COMMITTEE
Minutes September 11, 2024
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
Director John Withers commented that, given the upcoming election season and related
Board turnover, staff look at taking action to mitigate the impacts of this turnover and ensure
that new Board Members are provided training on and about OC San in a timely and efficient
manner.
ADJOURNMENT:
Chair Marick declared the meeting adjourned at 5:28 p.m. to the next Regular Administration
Committee meeting to be held on Wednesday, October 9, 2024 at 5:00 p.m.
Submitted by:
_____________________
Tina Knapp, MMC
Assistant Clerk of the Board
Page 5 of 5
ADMINISTRATION COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3861 Agenda Date:10/9/2024 Agenda Item No:2.
FROM:Robert Thompson, General Manager
Originator: Wally Ritchie, Director of Finance
SUBJECT:
PLANT RADIO AND BASE STATION UPGRADE
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve a Purchase Order Contract to BEARCOM for the purchase and programming/
installation of 122 Motorola R7 radios and two XPR 5550e base stations for Plant Nos. 1 and 2
using the Sourcewell Cooperative Agreement for a total amount not to exceed $218,822; and
B. Approve a contingency in the amount of $21,882 (10%).
BACKGROUND
The current Motorola XPR 6550e radios used by Orange County Sanitation District (OC San)plant
operations staff are obsolete and no longer supported,leading to operational issues.Upgrading to
the new Motorola R7 radios is essential for maintaining effective communication and ensuring
employee safety.Additionally,Plant No.1 Operations Center lacks a functioning radio base station
and is currently using a handheld portable radio as a work around.Therefore,this project includes
upgrading two base stations (XPR 5550e), one for each Plant No.1 and Plant No. 2.
The total costs to upgrade are listed below, as quoted by BEARCOM:
·$ 4,710.00 - Programming / Installation
·$ 6,162.68 - (2) XPR 5550e Base Stations
·$ 17,799.61 - Tax & Shipping
·$190,149.20 - (122) Motorola R7 Radios
$218,821.49 = Total Costs
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Commitment to safety & reducing risk in all operations
Orange County Sanitation District Printed on 10/1/2024Page 1 of 2
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File #:2024-3861 Agenda Date:10/9/2024 Agenda Item No:2.
PROBLEM
The current Motorola XPR 6550e radios used by plant operations staff are obsolete and no longer
supported,causing operational issues.The radios cannot be repaired,creating potential safety risks
for staff.
PROPOSED SOLUTION
Approve a Purchase Order Contract with BEARCOM to upgrade to Motorola R7 radios,along with
the purchase and installation of two new XPR5550e base stations, one for each Plant.
TIMING CONCERNS
To mitigate existing safety risks, it is recommended to upgrade as soon as possible.
RAMIFICATIONS OF NOT TAKING ACTION
If no action is taken,OC San staff will continue to face safety risks due to unreliable communication
equipment. Additionally, ongoing issues may disrupt plant operations.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San is utilizing a cooperative agreement through Sourcewell,a government organization that
provides contracts,which are competitively solicited nationally,from a variety of industries.
Sourcewell is a recognized cooperative purchasing program that serves State and local
governments,education,and nonprofit entities;they meet OC San’s requirements for a competitive
procurement process.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted (Budget FY 2024-25 and 2025-26,Section 8,Page 90,Information Technology Computer
Equipment) 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:
N/A
Orange County Sanitation District Printed on 10/1/2024Page 2 of 2
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ADMINISTRATION COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3869 Agenda Date:10/9/2024 Agenda Item No:3.
FROM:Robert Thompson, General Manager
Originator: Wally Ritchie, Director of Finance
SUBJECT:
MAXIMO TO MAXIMO APPLICATION SUITE
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Services Agreement to Total Resource Management, Inc. to upgrade
Maximo to Maximo Application Suite, Specification No. CS-2024-623BD, for a total amount not
to exceed $296,441; and
B. Approve a contingency of $44,467 (15%).
BACKGROUND
The Orange County Sanitation District (OC San)has been using IBM Maximo as a Computerized
Maintenance and Management System for the last 10 years to maintain and manage all work
performed on OC San assets at Plant Nos.1 and 2,and the Collections System.OC San is currently
using version 7.6.1.3 of Maximo.IBM is ending support for this current version in September 2025.
IBM is replacing this current version of the standalone application with a newer suite of applications
called Maximo Application Suite (MAS).OC San needs to upgrade to the newer Maximo Application
Suite to receive continued support and upgrades from IBM.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Maintain a culture of improving efficiency to reduce the cost to provide the current service level
or standard
·Protect OC San assets
·Maintain a proactive asset management program
PROBLEM
OC San has been using IBM’s Maximo as its Enterprise Asset Management application for the past
10 years.OC San is currently on version 7.6.1.3 of this application.The support for this version by
IBM ends in September 2025.IBM is replacing this version of the application with a newer
application called Maximo Application Suite.Maximo Application Suite is an integrated suite,
enabling easier access to a full set of asset lifecycle applications.The following are the applicationsOrange County Sanitation District Printed on 10/1/2024Page 1 of 4
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File #:2024-3869 Agenda Date:10/9/2024 Agenda Item No:3.
enabling easier access to a full set of asset lifecycle applications.The following are the applications
that are part of the Maximo Application Suite:
-Maximo Manage
-Maximo Mobile
-Maximo Monitor
-Maximo Visual Inspection
-Maximo Health
-Maximo Predict
-Maximo Assist
The specific application within the suite that replaces OC San’s current version of Maximo is Maximo
Manage.
PROPOSED SOLUTION
Upgrade to Maximo Application Suite using Total Resource Management,Inc.so that OC San can
receive continued support and upgrades from IBM.
TIMING CONCERNS
Support for current version expires September 2025.
RAMIFICATIONS OF NOT TAKING ACTION
OC San will not be able to receive software support and required updates from IBM.
PRIOR COMMITTEE/BOARD ACTIONS
October 2021 -Approved a Professional Services Agreement to Total Resource Management,Inc.to
provide a Maximo Mobile Solution,Specification CS-2021-1257BD,for a total amount not to exceed
$174,722 and approved a contingency of $26,208 (15%).
June 2019 -Awarded a Professional Consultant Services Agreement to Total Resource Management,
Inc.for the procurement of software and services to implement and configure the Transportation
Module for Enterprise Asset Management System (IBM Maximo),Specification CS-2018-1003BD,for
a total amount not to exceed $424,10 and approved a contingency of $42,410 (10%).
ADDITIONAL INFORMATION
An RFP was issued on July 12,2024,via PlanetBids.Proposals were due on August 14,2024.OC
San received five proposals which are valid for 180 calendar days from the proposal due date.
Prior to receipt of proposals,an Evaluation Team was formed consisting of an OC San Project
Manager/Principal Info Tech Analyst with support from a Senior Info Tech Analyst,a Maintenance
Supervisor,and a Financial Management Representative.The team was chaired by a Purchasing
Representative as a non-voting member.On August 22,2024,an evaluation kick-off meeting was
held with the evaluation team to discuss the policies and procedures of the evaluation process.
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File #:2024-3869 Agenda Date:10/9/2024 Agenda Item No:3.
Individual scoring was the chosen method of evaluation for this procurement.Members of the team
performed an independent review of the proposals and later met as a group with the Buyer to discuss
their preliminary scores and discuss any questions/concerns they had.Proposals were evaluated
based on the following criteria:
CRITERION WEIGHT
1. Qualifications of the Firm 30%
2. Proposed Staffing & Project Organization 20%
3. Work Plan 30%
4. Cost 20%
The evaluation team first reviewed and scored the proposals based upon the criteria listed above,
other than cost.
Rank Proposer Criterion 1
(Max 30%)
Criterion 2
(Max 20%)
Criterion 3
(Max 30%)
Subtotal
Score (Max
80%)
1 Total
Resource
Management
, Inc.
27%15%25%67%
2 Sheffield
Scientific
18%15%20%53%
3 Bahwan
Cybertek
17%11%20%48%
4 Sedin
Technologies
14%13%17%44%
5 TommyTQL 10%5%7%22%
All proposals were accompanied by a sealed cost proposal. Only the cost proposal for the highest
ranked firm was opened.
COST INFORMATION FOR OPENED PROPOSALS
Rank Proposer ORIGINAL COST BAFO
1 Total Resource
Management, Inc.
$313,000.00 $296,441.00
CEQA
N/A
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File #:2024-3869 Agenda Date:10/9/2024 Agenda Item No:3.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted (Budget FY 2024-25 and 2025-26,Section 8,Page 90,Computer Equipment)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:
·Draft Professional Services Agreement
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Professional Consultant Services Agreement 1 of 20 Specification No. CS-2024-623BD Revision 081823
PROFESSIONAL SERVICES AGREEMENT Upgrade Maximo to Maximo Application Suite Specification No. CS-2024-623BD
This PROFESSIONAL SERVICES AGREEMENT (hereinafter referred to as “Agreement”) is
made and entered into as of the date fully executed below, by and between Orange County Sanitation District (hereinafter referred to as “OC San”) and ______________________ (hereinafter referred to as “Consultant”), and collectively referred to herein as the “Parties.” R E C I T A L S
WHEREAS, OC San desires to obtain Upgrade Maximo to Maximo Application Suite as described in Exhibit “A” attached hereto and incorporated herein by this reference (“Services”); and WHEREAS, Consultant is qualified to provide the Services by virtue of experience, training, and expertise; and WHEREAS, OC San desires to engage Consultant to render the Services as provided herein; and
WHEREAS, OC San selected Consultant to provide the Services in accordance with OC San’s current Purchasing Ordinance; and
WHEREAS, on ____________________, OC San’s Board of Directors, by minute order, authorized execution of this Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual promises and benefits specified below, the Parties agree as follows: 1. General. 1.1 This Agreement and all exhibits hereto are made by OC San and the Consultant. 1.2 The following exhibits, in order of precedence, are incorporated by reference and made part of this Agreement. Exhibit “A” – Scope of Work
Exhibit “B” – Proposal and Cost Proposal Exhibit “C” – Determined Insurance Requirement Form Exhibit “D” – Contractor Safety Standards
Exhibit “E” – Human Resources Policies 1.3 In the event of any conflict or inconsistency between the provisions of this Agreement
and any of the provisions of the exhibits hereto, the provisions in the Agreement shall control and thereafter the provisions in the document highest in precedence shall be controlling. 1.4 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or actions incurred or undertaken by Consultant as a result of work performed in anticipation of purchases of the Services by OC San. 1.5 Work Hours: The work required under the Agreement may include normal business hours, evenings, and weekends. All work or meetings with OC San staff shall be
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scheduled Monday through Friday, between the hours of 7:30 a.m. and 5:30 p.m. OC San will not pay for travel time.
1.6 Days: Shall mean calendar days, unless otherwise noted.
1.7 OC San holidays (non-working days) are as follows: New Year’s Day, Martin Luther King, Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 Access to Premises. OC San shall provide Consultant with reasonable and timely access to the sites and personnel necessary for Consultant to perform its obligations under this Agreement. OC San shall allow Consultant personnel reasonable access to OC San site and facilities (telephone, facsimile, parking, etc.) during normal business hours and at other reasonable times as requested by Consultant and pre-approved by OC San. The assistance or presence of OC San’s personnel will not relieve Consultant of any of its responsibilities under this Agreement. 1.9 Background Checks and Removal of Personnel. Prior to being allowed to perform any
work on this Project, all non-OC San personnel assigned to the Project may be required to submit to and pass a background check by the Fountain Valley Police Department in California. In addition, OC San shall have the sole and exclusive right
to require Consultant to immediately remove any individual from the Project for any reason deemed to be in the best interests of OC San. Consultant shall replace any employee removed from the Project within ten (10) business days of said removal.
1.10 The provisions of this Agreement may be supplemented, amended, or waived only by an amendment executed by authorized representatives of both Parties. 1.11 All approvals or consents required or contemplated by this Agreement must be in writing to be effective. 1.12 The various headings in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement or any paragraph or provision hereof.
2. Definitions. 2.1 As-Built Documentation. The term “As-Built Documentation” means the Baseline Documentation plus the Documentation for any Configuration Changes and Custom
Modifications. All “As-Built Documentation” shall supplement and not conflict with the terms of this Agreement. In the event of a conflict, the terms of this Agreement shall prevail.
2.2 Baseline Documentation. The term “Baseline Documentation” means original system configuration documentation prior to upgrades or changes. 2.3 Configuration Changes. The term “Configuration Changes” is defined as any modification or changes other than a Custom Modification.
2.4 Consultant Application Software. The term “Consultant Application Software” is defined as any Software owned or sublicensed, installed, and/or configured by Consultant as a component of the Services provided, whether in machine readable or printed form, including, but not limited to, any applications, modules, subsystems,
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Interfaces, Configuration Changes, Custom Modifications, Updates, and Documentation.
2.5 Custom Modification. The term “Custom Modification” is defined as a modification of the Consultant Application Software Source Code or data base structure, which
provides new or improved functions or features to address specific requirements of this Agreement. 2.6 Defect. The term “Defect” is defined as any error, failure, deficiency, or any other unacceptable variance or failure of the System or any component thereof to fully conform to the warranties and requirements described in this Agreement. With respect to the Consultant Application Software, the term “Defect” is defined as any error, failure, or deficiency or any other unacceptable variance from any required, specified, or expected program behaviors as may be required by OC San or necessary for the Consultant Application Software to operate correctly and in full compliance with the terms of this Agreement. This includes expected program behaviors as described in any Consultant Application Software Documentation. In the event of a conflict between this Agreement and documentation provided by Consultant to OC San, the terms and conditions of this Agreement shall prevail.
2.7 Documentation. The term “Documentation” is defined as all written, electronic, or recorded works including all “As-Built Documentation” that describe the uses, features,
functional capabilities, performance standards, and reliability standards of the System, or any subsystem, component, or Interface, and that are published or provided to OC San by Consultant or its subcontractors, including, without limitation, all end user and
System administrator manuals, help files, training aids and manuals, training and support guides, program listings, data models, flow charts, logic diagrams, and other materials related to or for use with the System. 2.8 Fix Pack. The term “Fix Pack” is defined as a formal release of programming code and Documentation that provides corrections to any Consultant Application Software programs including, but not limited to, bug fixes, error corrections, and patches. 2.9 Functional, Performance, and Reliability Specifications and Requirements. The term “Functional, Performance, and Reliability Specifications and Requirements” is defined as all definitions, descriptions, requirements, criteria, warranties, and performance
standards relating to the System set forth in: (a) this Agreement; (b) any mutually agreed upon amendment; and (c) any functional and/or technical specifications which are published or provided by Consultant or its licensors or suppliers from time to time
with respect to the System or any Products. 2.10 Go-Live Support. The term “Go-live Support” is as described in “Exhibit “A” Scope of
Work. 2.11 Interfaces. The term “Interfaces” is defined as one or more of the specialized software applications developed or sublicensed by Consultant and installed as a part of the Project for the purpose of sharing information (data) between Consultant and/or Consultant Application Software and any other software program or device.
Functional requirements for each Interface to be included as a part of the System are provided Exhibit “A”, Scope of Work. 2.12 Products. The term “Products” is defined as all Software listed in “Exhibit “A”, Scope of Work.
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2.13 Project. The term “Project” is defined as the totality of Consultant’s obligation under this Agreement to develop, supply, install, configure, test, implement, and maintain the
System. 2.14 Services. The term “Services” is defined as the implementation, development,
training, configuration, loading, testing, project management, and other services to be provided by Consultant under this Agreement, including, without limitation, the tasks detailed in Exhibit “A”, Scope of Work. 2.15 Software. The term “Software” includes the following components provided and licensed by Consultant under this Agreement: (a) Consultant Application Software; (b) Third-Party Software; (c) Custom Modifications, and (d) Interfaces. 2.16 Source Code. The term “Source Code” is defined as a computer program in its original programming language (such as FORTRAN or C) before translation into object code usually by a compiler. 2.17 System. The term “System” is defined as the collective whole of all Products and Services to be purchased, developed, licensed, supplied, installed, configured, tested,
and implemented by Consultant under this Agreement. 2.18 System Administrator Documentation. Is defined as that portion of the Documentation
addressing the operation and maintenance functions of the System. 2.19 Third-Party Software. The term “Third-Party Software” is defined as any Software to
be supplied under this Agreement that is purchased or licensed directly from any source external to Consultant for use with or integration into the System. 2.20 Updates. The term “Updates” is defined as modifications, improvements, additions, and corrections to the Products and/or related Documentation, including functional and/or product enhancements, bug fixes, patches, new releases, new versions, and replacement modules or products that Consultant makes generally available to its customers with or without an additional fee. 2.21 User Acceptance. The term “User Acceptance” shall be defined as that date on which all Services under section titled “Deliverables” in Exhibit “A”, Scope of Work have been
successfully completed by Consultant and accepted by OC San. 2.22 Work Product. The term “Work Product” is defined as the Products and Services and
all other programs, algorithms, reports, information, designs, plans, and other items developed by Consultant under this Agreement, including all partial, intermediate or preliminary versions thereof.
3. Scope of Work. 3.1 Consultant shall provide the Services identified in Exhibit “A” in a competent, professional, and satisfactory manner in accordance with generally accepted industry and professional standards, including fiduciary standards, ethical practices, and standards of care and competence for its trade/profession. Consultant agrees to
comply with all applicable Federal, State, and local laws and regulations. 3.2 Modifications to Scope of Work. OC San shall have the right to modify the Scope of Work at any time. All modifications must be made by an amendment signed by both Parties.
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3.3 Familiarity with Work. By executing this Agreement, Consultant warrants that: (a) it has investigated the work to be performed; and (b) it understands the facilities,
difficulties, and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown condition materially differing from those inherent in the work or as represented by OC San, it shall immediately inform OC San of this and
shall not proceed, except at Consultant’s risk, until written instructions are received from OC San. 3.4 Performance. Time is of the essence in the performance of the provisions hereof. 4. License. 4.1 Grant of License. 4.1.1 Consultant hereby grants to OC San a perpetual, irrevocable, nonexclusive, and nontransferable license under applicable copyrights and/or trade secrets (either site, node locked or per user as specified in Exhibit “A”,) to use all Consultant application software provided under this Agreement. OC San shall have the right to use all Consultant application software or any portion thereof on any equipment locked on a single computer node (as determined by a specific LAN address) as a site license or concurrently on a number of
computer nodes so long as the number of concurrent Users does not exceed the number licensed for the LAN, or on one or more backup computer nodes.
4.1.2 OC San shall have the right to use all Consultant application software as may be necessary in order to operate the system purchased under this Agreement. In addition, OC San shall have the right to use the Consultant application
software as necessary to (a) operate the system (b) conduct internal training and testing, and (c) perform disaster recovery, backup, archive, and restoration testing and implementation as may be required in OC San’s judgment. This license shall apply to all commercially available updates throughout the term of this Agreement. OC San shall have the right to use all Consultant application software licensed under this Agreement on any equipment at any facility and at any location and may make as many copies of the software as it desires to support its authorized use of the software, provided the copies include Consultant’s or the third-party owner’s copyright or other proprietary notices. 4.2 User Acceptance.
4.2.1 All license rights of third-party software shall originate from the manufacturer. All third-party software licenses shall be provided to OC San and become effective at the time the product is used by OC San in a live environment.
4.2.2 The approval of Consultant for OC San to use Consultant Application Software and Third-Party Software and OC San’s use of the software shall not constitute
a waiver of OC San’s right to reject the System, in whole or in part, if the requirements for User Acceptance are not met. 4.3 Limitations on License. Except as licensed to OC San, Consultant retains all of its current rights, title, and interest in the Consultant Application Software, including derivative works, custom
modifications, configuration changes, and updates. Unless authorized by Consultant or required by law, OC San will not: (1) make available or distribute all or part of the software to any third party by assignment, sublicense, or any other means; or (2) disassemble, decompile, or reverse engineer the software, or allow any third party to do so.
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5. Security. 5.1 Certain software packages are required to operate in conjunction with a hardware lock
device or in conjunction with license administration software and a license authorization key provided by Consultant or its representative. OC San shall take no steps to avoid or defeat the purpose of any required lock device or authorization key.
Use of any software package without a required lock device or authorization key shall be unlicensed under this Agreement. 5.2 Restricted Access. 5.2.1 OC San will use every reasonable method to restrict access to the Consultant Application Software, or documentation related thereto, to persons not authorized to use the Consultant Application Software under the terms of this Agreement. 5.2.2 OC San will not copy the Consultant Application Software or documentation except as necessary for use under this Agreement. 5.2.3 OC San will not decrypt, reverse compile, or disassemble the Consultant Application Software. 5.2.4 OC San will not export or re-export the Consultant Application Software or documentation.
5.2.5 OC San will abide by all applicable Federal and State trademark and copyright laws. 6. Warranty. 6.1 System Warranty. Consultant warrants that the System will meet the Functional, Performance, and Reliability Specifications and Requirements as defined in this
Agreement. As applicable, the System and/or each of its subsystems, components and Interfaces will be capable of operating fully and correctly in conjunction with the System hardware. Consultant warrants that for the term of this Agreement, the System will perform as described in Exhibit “A”, Scope of Work in material and workmanship and will remain in good working order. In the event the System does not meet these warranties, Consultant shall provide, at no charge, the necessary software, hardware, and/or services required to attain the levels or standards contained in these warranties. 6.2 Consultant Application Software Warranties. Consultant warrants that it owns or otherwise has the right to license the Consultant Application Software to OC San and that it possesses all rights and interests necessary to enter into this Agreement. In
addition, Consultant warrants that: 6.2.1 All Consultant Application Software licensed under this Agreement is free of
known Defects, viruses, worms, trojan horses, or otherwise (except for documented security measures such as password expiration functions);
6.2.2 During the term of the Agreement; the Consultant Application Software will meet or exceed the Functional, Performance, and Reliability Specifications and Requirements herein; 6.2.3 Consultant Application Software is and will be general release versions that have been fully tested at Consultant’s site in accordance with best industry practices
and are not beta or pre-release versions (unless agreed to in writing by OC San); and 6.2.4 Custom Modifications and Interfaces have been fully tested in accordance with best industry practices and are free of known Defects. Consultant further agrees that during the term of this Agreement, Consultant will provide OC San, if OC
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San so desires, with any Updates at no additional cost (including any and all costs associated with the installation of those Updates) immediately upon their
commercial availability to any other entity. 6.3 Work Quality Warranty. Consultant warrants that all work performed by Consultant
and/or its subcontractors under this Agreement will conform to best industry practices and will be performed in a professional and workmanlike manner by staff with the necessary skills, experience, and knowledge to do so. 6.4 Regulatory Warranty. Consultant warrants that, for the term of this Agreement, the System will comply with all processing and reporting requirements for State and Federal laws and regulations. If the Software requires updating due to a change in a State or Federal law or regulation affecting OC San, Consultant will provide these changes per a mutually agreed to schedule at no additional charge to OC San. Notwithstanding this provision, in no event shall Consultant provide said update later than the date required by the State or Federal law or regulation affecting OC San. In the event OC San is notified of a change in State or Federal law or regulation that requires updating the Software, OC San will notify Consultant of that change as soon as reasonably possible.
6.5 Documentation Warranty. Consultant warrants that, for the term of this Agreement, the Documentation for all licensed Consultant Application Software will be complete and accurate in all material respects. The Documentation will be revised to reflect all
Updates and Interfaces provided by Consultant under this Agreement. This includes Documentation on any Custom Modification or Configuration Changes made to the System by Consultant during the installation process.
6.6 Service Warranty. During the term of this Agreement, Consultant warrants that it will remedy any failure, malfunction, Defect, or nonconformity in the System, as follows: 6.6.1 Priority One (P1) Defects. For purposes of this warranty, a P1 Defect includes, but is not limited to, loss of data, data corruption, a System or subsystem abort, any condition where productive use of the System or any component thereof is prohibited and no acceptable workaround is available. Examples of P1 Defects include, but are not limited to: 5.6.1.1 System is down;
5.6.1.2 Application, module or Interface is down or non-operational;
5.6.1.3 An Interface or application critical to System operation is substantially impaired or problematic;
5.6.1.4 Loss of data or data corruption after data has been entered; 5.6.1.5 A subsystem or component thereof is non-functional; 5.6.1.6 Productive use is prohibited; 5.6.1.7 Two or more workstations or mobile devices lock up or malfunction intermittently; or 5.6.1.8 A user cannot log on to the System.
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6.6.2 Priority Two (P2) Defects. For purposes of this warranty a P2 Defect includes, but is not limited to, compromise of the primary purpose of the System,
subsystem, or Interface to an external system. Productive use by the end user is substantially impacted and an acceptable workaround is not available. Examples of P2 Defects include, but are not limited to:
5.6.2.1 A Software function does not work correctly; 5.6.2.2 The user cannot produce a report with correct calculations; 5.6.2.3 System, subsystem, or an Interface performance is deemed unacceptable per the Functional, Performance, and Reliability Specifications and Requirements; 5.6.2.4 Incorrect cross streets are displayed on a verified address or location; 5.6.2.5 Cannot create a scheduled event; or 5.6.2.6 A single workstation or mobile device locks up or malfunctions
intermittently. 6.6.3 Priority Three (P3) Defects. For purposes of this warranty, a P3 Defect includes,
but is not limited to, incomplete operation of a System component which impacts productivity of staff but an acceptable workaround is generally available. Examples of P3 Defects include but are not limited to:
5.6.3.1 Single workstation or mobile device locks up intermittently but infrequently; 5.6.3.2 Minor deficiencies occur intermittently in any component of the System; 5.6.3.3 A mapping function doesn’t work, but the failure does not interfere with the user’s ability to perform required tasks; 5.6.3.4 A report does not function or report provides incorrect results; or
5.6.3.5 An incorrect message is presented in a dialog box. 6.6.4 Priority Four (P4) Defects. For purposes of this warranty, a P4 Defect consists
of those problems deemed by OC San to be mainly cosmetic. Examples of P4 Defects include, but are not limited to:
5.6.4.1 A misspelled word in the header of a report or in a help file; 5.6.4.2 A minor error in output that does not interfere with the correct outputting of statistics from the system; 5.6.4.3 Minor printing errors in a report that does not impede OC San’s ability to
utilize the report for the required purpose; 5.6.4.4 Minor variances in text where the help file does not match the Documentation;
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5.6.4.5 Minor variances in text where the Documentation does not match the functionality but the System works properly; or
5.6.4.6 A print button does not work, but the user can still print without opening or closing multiple windows or loosing data or rebooting the System.
6.6.5 Multiple Failures. Any situation involving multiple, contemporaneous failures, regardless of their individual priorities, will be regarded as a Priority One Defect if, in OC San’s determination, the situation results in OC San having essentially no productive use of the System or a major subsystem. 6.6.6 Permanent Cure. If OC San accepts a workaround or other temporary cure as the remedy for any reported Defect, Consultant shall provide and install at no cost to OC San a permanent correction or cure and installation support within ten (10) days after the permanent cure becomes available. 6.6.7 Third-party Warranty Coverage. Third-party products are provided with a pass-thru-warranty from the original manufacturer.
7. Infringement Claims If an infringement claim occurs, Consultant has thirty (30) days after the receipt of OC San’s written notice of the claim or the date on which Consultant first becomes aware of the claim,
whichever is sooner, to either: (a) procure for OC San the right to continue using the affected Product, Service, subsystem, component or Interface and deliver or provide the Product, Service, subsystem, component, or Interface to OC San; or (b) repair or replace the
infringing Product, Service, subsystem, component, or Interface so that it becomes non-infringing, provided the performance of the System or any subsystems, components, or Interfaces is not adversely affected by the replacement or modification. In the event Consultant is unable to comply with either subsection (a) or (b) of this paragraph within thirty (30) days, OC San may terminate this Agreement without any further obligation to Consultant. In the event of termination, in addition to any other legal remedies available to OC San, Consultant will refund OC San, within ten (10) days of OC San’s notice of termination, the license fees OC San paid to Consultant for the Product, Service, subsystem, component, or Interface. If the inability to comply with either subsection (a) or (b) of this paragraph causes the System to fail to meet the Functional, Performance, and Reliability Specifications and Requirements or to otherwise become ineffective, Consultant will refund
OC San all fees paid to Consultant under this Agreement. 8. Term.
8.1 The term of this Agreement shall be for two hundred fifty (250) calendar days from the effective date of the Notice to Proceed.
8.1.1 Effect on Project Schedule. The time periods and requirements set forth in in Exhibit “A” will not excuse Consultant from complying with the completion dates set forth in the Project schedule. Unless otherwise specified, the completion dates set forth in the Project schedule constitute the dates by which Consultant must complete the testing required by this Agreement and achieve final system acceptance of the system installed.
8.1.2 Deadline for Final System Acceptance. The system must be fully operational and in full productive use and final system acceptance must occur no later than duration established in Exhibit “A”.
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8.2 Extensions. The term of this Agreement may be extended only by an amendment signed by both Parties.
9. Compensation. 9.1 As compensation for the Services provided under this Agreement, OC San shall pay
Consultant a total amount not to exceed _________________ Dollars ($___________.00). 9.2 Consultant shall provide OC San with all required premiums and/or overtime work at no charge beyond the amount specified above. 10. Payments and Invoicing. 10.1 OC San shall pay itemized invoices for Milestones completed in accordance with Exhibit “A” and consistent with Exhibit “B” thirty (30) days from receipt of the invoice and after approval by OC San’s Project Manager or designee. 10.2 OC San shall be the determining party, in its sole discretion, as to whether the Services have been satisfactorily completed.
10.3 Consultant shall submit its invoices to OC San Accounts Payable by electronic mail to APStaff@OCSan.gov. In the subject line include “INVOICE” and the Purchase Order Number.
11. California Department of Industrial Relations Registration and Record of Wages. 11.1 To the extent Consultant’s employees and/or its subconsultants perform work related
to this Agreement for which Prevailing Wage Determinations have been issued by the California Department of Industrial Relations (DIR) as more specifically defined under Labor Code section 1720 et seq., prevailing wages are required to be paid for applicable work under this Agreement. It is Consultant’s responsibility to interpret and implement any prevailing wage requirements and Consultant agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. 11.2 Consultant and its subconsultants shall comply with the registration requirements of Labor Code section 1725.5. Pursuant to Labor Code section 1771.4(a)(1), the work is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR).
11.3 Pursuant to Labor Code section 1773.2, a copy of the prevailing rate of per diem wages is available upon request at OC San’s principal office. The prevailing rate of
per diem wages may also be found at the DIR website for prevailing wage determinations at http://www.dir.ca.gov/DLSR/PWD.
11.4 Consultant and its subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulations section 16461(e). Pursuant to Labor Code sections 1773.2 and 1771.4(a)(2), Consultant shall post a copy of the prevailing rate of per diem wages at the job site.
11.5 Consultant and its subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code section 1776. Consultant and its subconsultants shall submit payroll records to the Labor Commissioner pursuant to Labor Code section 1771.4(a)(3). Pursuant to Labor Code section 1776, the Consultant and its subconsultants shall furnish a copy of all certified payroll records to
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OC San and/or the general public upon request, provided the public request is made through OC San, the Division of Apprenticeship Standards, or the Division of Labor
Standards Enforcement of the Department of Industrial Relations. Pursuant to Labor Code section 1776(h), penalties for non-compliance with a request for payroll records may be deducted from progress payments.
11.5.1 As a condition to receiving payments, Consultant agrees to present to OC San, along with any request for payment, all applicable and necessary certified payrolls and other required documents for the period covering such payment request. Pursuant to Title 8, California Code of Regulations section 16463, OC San shall withhold any portion of a payment, up to and including the entire payment amount, until certified payroll forms and any other required documents are properly submitted. In the event certified payroll forms do not comply with the requirements of Labor Code section 1776, OC San may continue to withhold sufficient funds to cover estimated wages and penalties under the Agreement.
11.6 The Consultant and its subconsultants shall comply with Labor Code section 1774 and section 1775. Pursuant to Labor Code section 1775, the Consultant and any of its
subconsultants shall forfeit to OC San a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is
employed for any work. 11.6.1 In addition to the penalty and pursuant to Labor Code section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant or its subconsultant. 11.7 Consultant and its subconsultants shall comply with Labor Code sections 1810 through 1815. Consultant and its subconsultants shall restrict working hours to eight (8) hours per day and forty (40) hours per week, except that work performed in excess
of those limits shall be permitted upon compensation for all excess hours worked at not less than one and one-half (1.5) times the basic rate of pay, as provided in Labor Code section 1815. The Consultant shall forfeit, as a penalty to OC San, twenty-five
dollars ($25) per worker per calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of Labor Code sections 1810 through
1815. 11.8 Consultant and its subconsultants shall comply with Labor Code sections 1777.5, 1777.6, and 1777.7 concerning the employment of apprentices by Consultant or any subconsultant. 11.9 Consultant shall include, at a minimum, a copy of the following provisions in any contract it enters into with any subconsultant: Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860, and 1861. 11.10 Pursuant to Labor Code sections 1860 and 3700, the Consultant and its
subconsultants will be required to secure the payment of compensation to employees. Pursuant to Labor Code section 1861, Consultant, by accepting this Agreement, certifies that:
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“I am aware of the provisions of section 3700 of the Labor Code which
require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.” Consultant shall ensure that all its contracts with its subconsultants provide the provision above. 12. Key Personnel. Personnel, as provided in Exhibit “B,” are considered “key” to the work under this Agreement and will be available for the term of the Agreement. No person designated as key under this Agreement shall be removed or replaced without prior written consent of OC San. If OC San asks Consultant to remove a person designated as key under this Agreement, Consultant agrees to do so immediately regardless of the reason, or the lack of reason, for OC San’s request. Consultant shall assign only competent personnel to perform Services under this Agreement. 13. Ownership of Documents. All drawings, specifications, reports, records, documents,
memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall be the property of OC San and shall be promptly delivered to OC San upon request of OC
San’s Project Manager or designee or upon the termination of this Agreement and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by OC San of its full rights of ownership of the documents and materials
hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at OC San’s sole risk and without liability to Consultant. Consultant shall ensure that all its contracts with its subconsultants provide for assignment to OC San of any documents or materials prepared by them.
14. Ownership of Intellectual Property. 14.1 Consultant agrees that all designs, plans, reports, specifications, drawings,
schematics, prototypes, models, inventions, and all other information and items made during the course of this Agreement and arising from the Services (hereinafter referred to as “New Developments”) shall be and are assigned to OC San as its sole and
exclusive property. 14.2 Consultant agrees to promptly disclose to OC San all such New Developments. Upon
OC San’s request, Consultant agrees to assist OC San, at OC San’s expense, to obtain patents or copyrights for such New Developments, including the disclosure of all pertinent information and data with respect thereto, the execution of all applications, specifications, assignments, and all other instruments and papers which OC San shall deem necessary to apply for and to assign or convey to OC San, its successors and assigns, the sole and exclusive right, title, and interest in such New Developments. Consultant agrees to obtain or has obtained written assurances from its employees and contract personnel of their agreement to the terms hereof regarding New Developments and confidential information. 14.3 Consultant warrants that Consultant will have good title to any New Developments and
the right to assign New Developments to OC San free of any proprietary rights of any other party or any other encumbrance whatever.
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14.4 The originals of all computations, drawings, designs, graphics, studies, reports, manuals, photographs, videotapes, data, computer files, and other documents
prepared or caused to be prepared by Consultant or its subconsultants in connection with the Services hereunder shall be delivered to and shall become the exclusive property of OC San. OC San may utilize such documents, at its own risk, for OC San’s
applications on other projects or extensions of this project. 15. Right to Review Services, Facilities, and Records. 15.1 OC San reserves the right to review any portion of the Services performed by Consultant under this Agreement and Consultant agrees to cooperate to the fullest extent possible in such endeavor. 15.2 Consultant shall furnish to OC San such reports, statistical data, and other information pertaining to Consultant’s Services as shall be reasonably required by OC San to carry out its rights and responsibilities under its agreements with its bondholders or noteholders and any other agreement relating to the development of the project(s) and in connection with the issuance of its official statements and other prospectuses with respect to the offering, sale, and issuance of its bonds and other obligations.
15.3 The right of OC San to review or approve drawings, specifications, procedures, instructions, reports, test results, calculations, schedules, or other data that are developed by Consultant shall not relieve Consultant of any obligation set forth herein.
16. Conflict of Interest and Reporting. 16.1 Consultant shall, at all times, avoid conflicts of interest or appearance of conflicts of
interest in performance of this Agreement. 16.2 Consultant affirms that, to the best of its knowledge, there exists no actual or potential conflict between Consultant’s families, business, or financial interest and the Services under this Agreement and in the event of change in either its private interests or Services under this Agreement, it shall raise with OC San any question regarding possible conflict of interest which may arise as a result of such change. 17. Changes in Control of Consultant. In the event of a change in Control of Consultant, OC San shall have the option of terminating this Agreement by written notice to Consultant. Consultant shall notify OC San within ten (10) days of the occurrence of a change in Control.
As used in this section, “Control” is defined as the possession, direct or indirect, of either: 17.1 The ownership or ability to direct the voting of fifty-one percent (51%) or more of the
equity interests, value, or voting power in Consultant; or 17.2 The power to direct or cause the direction of the management and policies of
Consultant, whether through ownership of voting securities, by contract, or otherwise. 18. Damage to OC San’s Property. Any of OC San’s property damaged by Consultant, any subconsultant, subcontractor, or by the personnel of either will be subject to repair or replacement by Consultant at no cost to OC San. 19. Freight (F.O.B. Destination). Consultant assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Agreement.
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20. Audit Rights. Consultant agrees that, during the term of this Agreement and for a period of three (3) years after its expiration or termination, OC San shall have access to and the
right to examine any directly pertinent books, documents, and records of Consultant relating to the invoices submitted by Consultant pursuant to this Agreement. 21. Contractor Safety Standards and Human Resources Policies. OC San requires Consultant, its subconsultants, and its subcontractors to follow and ensure their employees follow all Federal, State, and local regulations as well as Contractor Safety Standards while working at OC San locations. If, during the course of the Agreement, it is discovered that Contractor Safety Standards do not comply with Federal, State, or local regulations, the Consultant is required to follow the most stringent regulatory requirement at no additional cost to OC San. Consultant, its subconsultants, and all of their employees shall adhere to all applicable Contractor Safety Standards in Exhibit “D” and the Human Resources Policies in Exhibit “E.” While on OC San premises, Consultant, its subcontractors, and all of their employees shall comply with all applicable OC San’s work rules and policies, including OC San’s security procedures. 22. Insurance. Consultant and all its subconsultants shall purchase and maintain, throughout the term of this Agreement and any periods of warranty or extensions, insurance in amounts
equal to the requirements set forth in the signed Exhibit “C” – Determined Insurance Requirement Form. Consultant shall not commence work under this Agreement until all required insurance is obtained in a form acceptable to OC San, nor shall Consultant allow
any subconsultant to commence service pursuant to a subcontract until all insurance required of the subconsultant has been obtained. Failure to obtain and maintain the required insurance coverage shall result in termination of this Agreement.
23. Indemnification and Hold Harmless Provision. Consultant shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or may be caused by Consultant’s Services under this Agreement, or by its subconsultant(s), or by anyone directly or indirectly employed by Consultant, and whether such damage or injury shall accrue or be discovered before or after the termination of the Agreement. Except as to the sole active negligence of or willful misconduct of OC San, Consultant shall indemnify, protect, defend, and hold harmless OC San, its elected and appointed officials, officers, agents, and employees from and against any and all claims, liabilities, damages, or expenses of any nature, including attorneys’ fees: (a) for injury to or death of any person, or damage to property, or interference with the use of property arising
out of or in connection with Consultant’s performance under the Agreement, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process; or any patented or unpatented invention, article, or appliance furnished or used under the
Agreement, and/or (c) on account of any goods and services provided under this Agreement. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Consultant
or anyone employed by or working under Consultant. To the maximum extent permitted by law, Consultant’s duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Consultant agrees to provide this defense immediately upon written notice from OC San, and with well qualified, adequately insured, and experienced legal counsel acceptable to OC San. This section shall survive the expiration or early termination of the Agreement.
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24. Independent Contractor. 24.1 The relationship between the Parties hereto is that of an independent contractor and
nothing herein shall be construed as creating an employment or agency relationship. 24.2 During the performance of this Agreement, Consultant and its officers, employees, and
agents shall act in an independent capacity and shall not act as OC San’s officers, employees, or agents. OC San assumes no liability for Consultant’s action and performance nor assumes responsibility for taxes, funds, payments, or other commitments, expressed or implied, by or for Consultant. 24.3 Consultant shall not be considered an agent of OC San for any purpose whatsoever nor shall Consultant have the right to, and shall not, commit OC San to any agreement, contract, or undertaking. Consultant shall not refer to the existence of this Agreement or use OC San’s name in its promotional material or for any advertising or publicity purposes without OC San’s prior expressed written consent. 24.4 Consultant shall not be entitled to any benefits accorded to those individuals listed on OC San’s payroll as regular employees including, without limitation, worker’s compensation, disability insurance, vacation, or holiday or sick pay. Consultant shall
be responsible for providing, at Consultant’s expense, disability, worker’s compensation, and other insurance as well as licenses and permits usual or necessary for conducting the Services hereunder.
24.5 Consultant shall be obligated to pay any and all applicable Federal, State, and local payroll and other taxes incurred as a result of fees hereunder. Consultant hereby indemnifies OC San for any claims, losses, costs, fees, liabilities, damages, or penalties suffered by OC San arising out of Consultant’s breach of this provision. 24.6 Consultant shall not be eligible to join or participate in any benefit plans offered to those individuals listed on OC San’s payroll as regular employees. Consultant shall remain ineligible for such benefits or participation in such benefit plans even if a court later decides that OC San misclassified Consultant for tax purposes.
25. Subcontracting and Assignment. Consultant shall not delegate any duties nor assign any rights under this Agreement without the prior written consent of OC San. Any such attempted delegation or assignment shall be void.
26. No Solicitation of Employees. 26.1 Consultant agrees that it shall not, during the term of this Agreement and for a period
of one (1) year immediately following expiration or termination of this Agreement or any extension hereof, call on, solicit, or take away any of the employees whom Consultant became aware of as a result of Consultant’s Services to OC San.
26.2 Consultant acknowledges that OC San’s employees are critical to its business and OC San expends significant resources to hire, employ, and train employees. Should Consultant employ or otherwise engage OC San’s employees during the term of this Agreement and for a period of one (1) year following expiration or termination of this Agreement, Consultant shall pay OC San fifty percent (50%) of the former employee’s
most recent annual salary earned at OC San to accurately reflect the reasonable value of OC San’s time and costs. This payment is in addition to any other rights and remedies OC San may have at law.
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27. Confidentiality and Non-Disclosure. 27.1 Consultant acknowledges that, in performing the Services hereunder, OC San may
have to disclose to Consultant, orally and in writing, certain confidential information that OC San considers proprietary and has developed at great expense and effort.
27.2 Consultant agrees to maintain in confidence and not disclose to any person, firm, or corporation, without OC San’s prior written consent, any trade secret, confidential information, knowledge, or data relating to the products, process, or operation of OC San. 27.3 Consultant further agrees to maintain in confidence and not to disclose to any person, firm, or corporation any data, information, technology, or material developed or obtained by Consultant during the term of this Agreement. 27.4 Consultant agrees as follows: 27.4.1 To use the confidential information only for the purposes described herein; to not reproduce the confidential information; to hold in confidence and protect the confidential information from dissemination to and use by anyone not a
party to this Agreement; and to not use the confidential information to benefit itself or others.
27.4.2 To restrict access to the confidential information to its subconsultant or personnel of Consultant who (1) have a need to have such access and (2) have been advised of and have agreed in writing to treat such information in accordance with the terms of this Agreement. 27.4.3 To return all confidential information in Consultant’s possession upon termination of this Agreement or upon OC San’s request, whichever occurs first. 27.4.4 To hold in confidence information and materials, if any, developed pursuant to the Services hereunder.
27.4.5 The provisions of this section shall survive termination or expiration of this Agreement and shall continue for so long as the material remains confidential.
28. Non-Liability of OC San Officers and Employees. No officer or employee of OC San shall be personally liable to Consultant, or any successor-in-interest, in the event of any
default or breach by OC San or for any amount which may become due to Consultant or to its successor, or for breach of any obligation under the terms of this Agreement. 29. Third-Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OC San and Consultant. 30. Applicable Laws and Regulations. Consultant shall comply with all applicable Federal, State, and local laws, rules, and regulations. Consultant also agrees to indemnify and hold OC San harmless from any and all damages and liabilities assessed against OC San as a
result of Consultant’s noncompliance therewith. Any provision required by law to be included herein shall be deemed included as a part of this Agreement whether or not specifically included or referenced.
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31. Licenses, Permits, Ordinances, and Regulations. Consultant represents and warrants to OC San that it has obtained all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to provide the Services. Any and all fees required by Federal, State, County, City, and/or municipal laws, codes, and/or tariffs that pertain to the work performed under this Agreement will be paid by Consultant.
32. Regulatory Requirements. Consultant shall perform all work under this Agreement in strict conformance with applicable Federal, State, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and Water Codes Division 2. 33. Environmental Compliance. Consultant shall, at its own cost and expense, comply with all Federal, State, and local environmental laws, regulations, and policies which apply to the Consultant, its subconsultants, subcontractors, and the Services, including, but not limited to, all applicable Federal, State, and local air pollution control laws and regulations. 34. Dispute Resolution. 34.1 In the event of a dispute as to the construction or interpretation of this Agreement, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to
resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules
of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County (“JAMS”), or any similar organization or entity conducting an alternate dispute
resolution process. 34.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to Code of Civil Procedure, Part 3, Title 9, sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two (2) arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to Code of Civil Procedure section 1283.05. The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every
dispute in accordance with the laws of the State of California. The arbitrator’s decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein.
35. Remedies. In addition to other remedies available in law or equity, if the Consultant fails to make delivery of the goods or Services or repudiates its obligations under this Agreement,
or if OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (a) cancel the Agreement; (b) recover whatever amount of the purchase price OC San has paid, and/or (c) “cover” by purchasing, or contracting to purchase, substitute goods or services for those due from Consultant. In the event OC San elects to “cover” as described in (c), OC San shall be entitled to recover from Consultant as damages the difference between the cost of the substitute goods or services and the Agreement price,
together with any incidental or consequential damages. 36. Force Majeure. Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government, or any other cause beyond its control, but the affected party shall use reasonable efforts to minimize the extent of the delay. Work
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affected by a force majeure condition may be rescheduled by mutual consent of the Parties. 37. Termination. 37.1 OC San reserves the right to terminate this Agreement for its convenience, with or without cause, in whole or in part, at any time, by written notice from OC San. Upon
receipt of a termination notice, Consultant shall immediately discontinue all work under this Agreement (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Consultant for work performed (cost and fee) through the date of termination. Consultant expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Agreement. Such notice of termination shall terminate this Agreement and release OC San from any further fee, cost, or claim hereunder by Consultant other than for work performed through the date of termination. 37.2 OC San reserves the right to terminate this Agreement immediately upon OC San’s determination that Consultant is not complying with the Scope of Work requirements, if the level of service is inadequate, or for any other default of this Agreement. 37.3 OC San may also immediately terminate this Agreement for default, in whole or in part,
by written notice to Consultant:
• if Consultant becomes insolvent or files a petition under the Bankruptcy Act; or
• if Consultant sells its business; or
• if Consultant breaches any of the terms of this Agreement; or
• if the total amount of compensation exceeds the amount authorized under this Agreement. 37.4 All OC San’s property in the possession or control of Consultant shall be returned by Consultant to OC San on demand or at the expiration or termination of this Agreement, whichever occurs first. 37.5 Consultant shall deliver to OC San all work product currently in existence and for which payment has been made. 38. Attorney’s Fees. If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which the prevailing party may be entitled. 39. Waiver. The waiver by either party of any breach or violation of, or default under, any provision of this Agreement, shall not be deemed a continuing waiver by such party of any
other provision or of any subsequent breach or violation of this Agreement or default thereunder. Any breach by Consultant to which OC San does not object shall not operate as a waiver of OC San’s rights to seek remedies available to it for any subsequent breach. 40. Severability. If any section, subsection, or provision of this Agreement, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Agreement or instrument in the application of such section, subsection, or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties.
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41. Survival. The provisions of this Agreement dealing with payment, confidentiality and non-
disclosure, warranty, indemnity, and forum for enforcement shall survive expiration or early termination of this Agreement. 42. Governing Law. This Agreement shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in the County of Orange in the event any action is brought in connection with this Agreement or the performance thereof. 43. Notices. 43.1 All notices under this Agreement must be in writing. Written notice shall be delivered by personal service, by electronic telecommunication, or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand, or request sent. All notices shall be effective when first received at the following addresses:
OC San: Jeremey Arbiso Senior Buyer Orange County Sanitation District
18480 Bandilier Circle Fountain Valley, CA 92708 jarbiso@ocsan.gov
Consultant: ______________________ [Contact Name] ______________________ [Contact Title] ______________________ [Company Name] ______________________ [Street Address] ______________________ [City, State, Zip Code] ______________________ [Email Address] 43.2 Each party shall provide the other party written notice of any change in address as soon as practicable.
44. Read and Understood. By signing this Agreement, Consultant represents that it has read and understood the terms and conditions of the Agreement. 45. Successors and Assigns. This Agreement is binding on and inures to the benefit of the Parties and their respective successors and assigns. 46. Authority to Execute. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the Parties are formally bound. 47. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes all prior written or oral communications and all contemporaneous oral
agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof.
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IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Agreement to be signed by their duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated: _________________ By: Ryan P.Gallagher Chair, Board of Directors
Dated: _________________ By: Kelly A. Lore Clerk of the Board
Dated: _________________ By: Kevin WorkContracts & Purchasing Manager
[CONSULTANT]
Dated: _________________ By:
Print Name and Title of Officer
LL
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EXHIBIT A SCOPE OF WORK Upgrade Maximo to Maximo Application Suite Specification NO. CS-2024-623BD The Orange County Sanitation District (OC San) operates the third largest wastewater agency west of the Mississippi River. Since 1954, OC San has safely collected, treated, and disposed of and/or reclaimed the wastewater generated by 2.6 million people living and working in central and northwestern Orange County, California. Each day OC San treats approximately 185 million gallons of wastewater. About 80 percent of the wastewater comes from homes – sinks, toilets, showers, laundry, and dishwashers. The remaining come from businesses – retail stores, restaurants, manufacturers, hotels, offices, and
other industries. A professional staff of more than 600 employees manages the day-to-day activities of OC San.
OC San’s facilities include 587 miles of sewer pipes, located throughout the county, and two treatment plants – one in Fountain Valley, CA and the other in Huntington Beach, CA – where wastewater is treated in accordance with strict Federal, State, and local standards.
1 PURPOSE OC San is seeking a qualified Consultant to upgrade their existing on-premises Maximo 7.6.1.3 environment to an on-premises Maximo Application Suite (MAS8) environment.
2 SUMMARY OF DESCRIPTION OF GOODS/SERVICES TO BE PROVIDED The services provided by the Consultant includes but is not limited to project management, implementation, installation, configuration, integration, testing, training, and documentation. The list of upgrade tasks includes but is not limited to the following:
- Consultant shall conduct meetings to gather existing Maximo system configuration and provide hardware and software requirements that meet or exceed the existing system
functionality and performance. - OC San will be responsible for the purchase of hardware and software based on the
requirements provided by the Consultant. - Consultant shall implement the upgrade in OC San’s existing VMWare / vSphere environment.
- Consultant shall upgrade all four (4) existing Maximo environments (Vanilla, Development, Training, and Production). - Consultant shall be responsible for installing the Redhat Openshift Cluster environment, Maximo Application Suite, Maximo Manage application, and all associated integration and network components.
- Consultant shall utilize Microsoft SQL Server as the data repository for Maximo Manage
Application. SQL Server licensing will be purchased by OC San
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- Consultant shall upgrade the existing Maximo 7.6.1.3 SQL server database for each environment for use with Maximo Application Suite
- Consultant shall upgrade existing Transportation module
- Consultant shall upgrade existing Total Resource Management (TRM) Rules Manager software.
- Consultant shall upgrade existing TRM’s LOTO module.
- Consultant shall upgrade existing EZMaxMobile software.
- Consultant shall upgrade all existing integrations. The integrations include but is not
limited to the following:
o Purchase order, Work order, Inventory, and Person integration with existing Oracle JD Edwards enterprise one o Asset Meter reading integration with Supervisory Control and Data Acquisition (SCADA) historian
o Work order and Labor integration with Workforce timecard software o Labor availability integration with Office365 Outlook calendar and Workforce
timecard software
o Manhole and Sewer Line asset integration with ESRI’s Geographical Information System
- Consultant shall provide training based on modified functionality and user interface to end users and administrators based on roles.
- Consultant shall facilitate User Acceptance Testing, Knowledge transfer, and GO-Live procedures.
3 PROJECT MANAGEMENT SERVICES REQUIRED
3.1 Consultant shall provide project management Services for the duration of the Agreement and is responsible to attend all scheduled project meetings, develop and submit weekly
progress reports as outlined by the OC San Project Manager, and serve as the single point of contact for project communications.
3.2 Consultant shall maintain a weekly updated project schedule (including: project milestones, estimated level of effort, and proposed resource requirements) in a format approved by the OC San Project Manager and include this item in status reports to the OC San Project Manager or as otherwise directed by the OC San Project Manager. Consultant will follow the processes/guidelines of the Project Management Body of Knowledge (PMBOK) published by the Project Management Institute.
3.3 Project Management services include but are not limited to the following:Assign a project manager dedicated directly to this project. A Project Management Professional (PMP) certification is preferred.Identify and provide a senior level associate familiar with the
Scope of Work, to be available to OC San during the duration of the Agreement to resolve project team or implementation issues that cannot be resolved at the project manager’s level of authority.
3.3.3 Identify and provide all “key” project members; “key” project members will not be changed during the duration of the Agreement without written approval by the OC San Project Manager.
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3.3.4 Provide a formal Project Charter to be jointly developed by the Consultant and OC San project team. OC San will have the final approval on the Project Charter.
3.3.5 Prepare and submit a project communications plan to the OC San Project Manager for approval, in a format consistent with PMBOK.
3.3.6 Prepare and submit a change management plan to the OC San Project Manager
for approval, in a format consistent with PMBOK.
3.3.7 Prepare and submit a project schedule and work breakdown structure for the project and each project element to the OC San Project Manager for approval, in a format consistent with PMBOK.
3.3.8 Prepare and submit weekly status reports to the OC San Project Manager for approval, in a format consistent with PMBOK.
3.3.9 Prepare and submit a quality assurance plan to the OC San Project Manager for approval, in a format consistent with PMBOK.
3.3.10 Project Kickoff Meeting – Consultant shall conduct a project kick-off meeting with OC San Project Manager and staff to introduce key members of the Consultants team within fourteen (14) calendar days of the effective date of the Notice to Proceed (NTP). The discussion topics will be established by the OC San Project Manager and may include, but not be limited to: OC San’s responsibilities, Consultant’s responsibilities, project schedule, communication plan, and project
methodology for successful implementation.
3.3.11 Progress Meetings – The Consultant shall meet with OC San as required throughout the duration of the Agreement. Weekly project management meetings
with the Consultant will be required. These meetings will be conducted via conference call, Microsoft Teams, or WebEx.
3.3.12 OC San Coordination - OC San will coordinate with Consultant during all phases of
the project. Coordination will include but not be limited to the following:
3.3.12.1.1 Assistance from OC San staff or subject matter experts as needed to develop, test, and implement the software.
3.3.12.1.2 Other assistance as requested by Consultant and approved by the OC San Project Manager to support the project efforts.
3.3.12.1.3 Access to OC San resources must be planned to ensure OC San staff are able to accomplish their primary task assignments within the organization. Consultant shall coordinate resource requests with the OC San Project Manager at a minimum of two (2) weeks in advance of the actual need. Resources are identified but not limited to: OC San staff, OC San computer or network systems, OC San hardware not
related to Information Technology systems.
3.3.12.1.4 On-going coordination with OC San resources are to be managed by the OC San Project Manager.
4. PROJECT SCOPE AND DELIVERABLES
4.1 MILESTONE 1 – Detail Requirements and Design – Consultant shall conduct detailed requirements analysis to clarify Consultants understanding of OC San’s current implementation, configuration, and integration of each existing environments (Vanilla, Development, Training, and Production) within forty-two (42) calendar days from NTP. This includes interviews and meetings to review, discuss and document implementation, configuration, and integration requirements, networking, infrastructure, and security requirements, and the impact to existing business practices and the business process
EXHIBIT A Page 4 of 10 Specification No. CS-2024-623BD
currently in effect at OC San. Consultant will conduct meetings with applicable OC San staff and management, discuss and review the results of the interview process and
provide documentation specifying the hardware, software, network, and security requirements for each environment. Consultant will include in this process a detailed networking diagram for each environment and how each environment will be
implemented within the existing VMWare / vSphere environment. All final specifications, business processes, workflow, and diagrams documented for planned use in the project shall be prepared in written form including applicable flow charts and subject to the OC San Project Manager’s approval prior to completion of the project.
Payment for Milestone No. 1 shall be ten percent (10%) of the not to exceed amount of the Agreement. Payment for Milestone No. 1 is contingent upon the assigned OC San Project Manager’s acceptance of the final version of the submittal. Payment for Milestone No. 1 will include the following: Milestone 1 Deliverables:
• Hardware and Software specifications for each environment
• Network, infrastructure, security, and storage diagrams and specifications for each environment
4.2 MILESTONE 2 - System Implementation, Configuration, and Integration of Vanilla environment – Consultant shall work with OC San’s Project Manager, staff, and its consultant(s) to implement the upgrade of the Vanilla environment within ninety (90) calendar days from NTP. The upgrade shall include, but not be limited to the following:
4.2.1 Install and configure Redhat Openshift Cluster and all associated components including network connectivity and storage connectivity within existing VMWare / vSphere environment
4.2.2 Install latest version of Maximo Application Suite and associated components that would be equivalent to the functionality of existing Maximo components in the Vanilla environment. Some of the existing components are Base Maximo,
Maximo Spatial, Maximo Transportation, and Maximo Scheduler.
4.2.3 Upgrade, configure, and deploy existing Maximo database for use with Maximo Application suite
4.2.4 Test and verify upgraded installation. Payment for Milestone No. 2 shall be ten percent (10%) of the not to exceed amount of
the Agreement. Payment for Milestone No. 2 is contingent upon the assigned OC San Project Manager’s acceptance of the final version of the submittal. Payment for Milestone No. 2 will include the following:
Milestone 2 Deliverables:
• A fully installed, configured, and functional Maximo Application Suite vanilla environment that matches or exceeds the existing Maximo Vanilla environment.
4.3 MILESTONE 3 - System Implementation, Configuration, and Integration of Development environment – Consultant shall work with OC San Project Manager, staff, and its consultant(s) to implement the upgrade of the Development environment within one hundred twenty (120) calendar days from NTP. The upgrade shall include, but not be limited to the following:
4.3.1 Install and configure Redhat Openshift Cluster and all associated components including network connectivity and storage connectivity within existing VMWare / vSphere environment
EXHIBIT A Page 5 of 10 Specification No. CS-2024-623BD
4.3.2 Install latest version of Maximo Application Suite and associated components that would be equivalent to the functionality of existing Maximo
components in the Development environment. Some of the existing components are Base Maximo, Maximo Spatial, Maximo Transportation, and Maximo Scheduler
4.3.3 Upgrade, configure, and deploy existing Maximo database for use with Maximo Application suite
4.3.4 Upgrade, configure, and deploy TRM Rules Manager to work with Maximo Application Suite
4.3.5 Upgrade, configure, and deploy mobile application EZMaxMobile to work with Maximo Application Suite
4.3.6 Upgrade, configure, and deploy all existing integrations to work with Maximo Application Suite
4.3.7 Test and verify upgraded installation.
Payment for Milestone No. 3 shall be ten percent (10%) of the not to exceed amount of the Agreement. Payment for Milestone No. 3 is contingent upon the assigned OC San Project Manager’s acceptance of the final version of the submittal. Payment for Milestone No. 3 will include the following:
Milestone 3 Deliverables:
• A fully installed, configured, and functional Maximo Application Suite Development environment that matches or exceeds the performance and functionality of the existing Maximo Development environment. 4.4 MILESTONE 4 - System Implementation, Configuration, and Integration of Training environment – Consultant shall work with OC San Project Manager, staff, and its consultant(s) to implement the upgrade of the Training environment within one hundred fifty (150) calendar days from NTP. The upgrade shall include, but not be limited to the following:
4.4.1 Install and configure Redhat Openshift Cluster and all associated components including network connectivity and storage connectivity within existing VMWare / vSphere environment
4.4.2 Install latest version of Maximo Application Suite and associated components that would be equivalent to the functionality of existing Maximo components in the Training environment. Some of the existing components
are Base Maximo, Maximo Spatial, Maximo Transportation, and Maximo Scheduler.
4.4.3 Upgrade, configure, and deploy existing Maximo database for use with Maximo Application suite
4.4.4 Upgrade, configure, and deploy TRM Rules Manager to work with Maximo Application Suite
4.4.5 Upgrade, configure, and deploy mobile application EZMaxMobile to work with Maximo Application Suite
4.4.6 Upgrade, configure, and deploy all existing integrations to work with Maximo Application Suite
4.4.7 Implement single sign-on with Security Assertion Markup Language (SAML) for the upgraded Maximo Application Suite
4.4.8 Test and verify upgraded installation.
EXHIBIT A Page 6 of 10 Specification No. CS-2024-623BD
Payment for Milestone No. 4 shall be ten percent (10%) of the not to exceed amount of
the Agreement. Payment for Milestone No. 4 is contingent upon the assigned OC San Project Manager’s acceptance of the final version of the submittal. Payment for Milestone No. 4 will include the following:
Milestone 4 Deliverables:
• A fully installed, configured, and functional Maximo Application Suite Training environment that matches or exceeds the performance and functionality of the existing Maximo Training environment. 4.5 MILESTONE 5 - System Implementation, Configuration, and Integration of
Production environment – Consultant shall work with OC San Project Manager, staff, and its consultant(s) to implement the upgrade of the Production environment within one hundred eighty (180) calendar days from NTP. The upgrade shall include, but not be
limited to the following:
4.5.1 Install and configure Redhat Openshift Cluster and all associated components including network connectivity and storage connectivity within
existing VMWare / vSphere environment
4.5.2 Install latest version of Maximo Application Suite and associated components that would be equivalent to the functionality of existing Maximo components in the Production environment. Some of the existing components are Base Maximo, Maximo Spatial, Maximo Transportation, and Maximo Scheduler.
4.5.3 Upgrade, configure, and deploy existing Maximo database for use with Maximo Application suite
4.5.4 Upgrade, configure, and deploy TRM Rules Manager to work with Maximo Application Suite
4.5.5 Upgrade, configure, and deploy mobile application EZMaxMobile to work
with Maximo Application Suite
4.5.6 Upgrade, configure, and deploy all existing integrations to work with Maximo Application Suite
4.5.7 Implement single sign-on with SAML for the upgraded Maximo Application Suite
4.5.8 Test and verify upgraded installation.
Payment for Milestone No. 5 shall be ten percent (10%) of the not to exceed amount of the Agreement. Payment for Milestone No. 5 is contingent upon the assigned OC San Project Manager’s acceptance of the final version of the submittal. Payment for Milestone No. 5 will include the following:
Milestone 5 Deliverables:
• A fully installed, configured, and functional Maximo Application Suite Production environment that matches or exceeds the performance and functionality of the existing Maximo Production environment.
4.6 MILESTONE 6 – Training – Consultant shall update existing training material with updated user interface screens and functionality within two hundred (200) calendar days from NTP. All training material shall be reviewed and approved by the OC San Project Manager prior to the start of the training class. Training shall be role-based and
EXHIBIT A Page 7 of 10 Specification No. CS-2024-623BD
conducted on OC San’s Microsoft Teams environment using OC San training environment with OC San specific data. Consultant will develop all role base training and
reference materials for OC San staff for review and approval prior to training session. The training sessions shall be scheduled to accommodate both day shift and night shift OC San staff. The Consultant will develop and conduct training based on, but not limited
to, the following roles: 4.6.1 Self Service (Service Request, Warehouse Request, and Vehicle Request) - 635 users 4.6.2 Maintenance Staff – 200 users 4.6.3 Maintenance Lead and Supervisors – 70 users 4.6.4 Operations Staff – 70 users 4.6.5 Operations Lead and Supervisor – 20 users 4.6.6 Planning, Scheduling, and PM Optimization Staff – 30 users 4.6.7 Fleet Staff – 10 users 4.6.8 Fleet Lead and Supervisor – 5 users
4.6.9 Warehouse Staff – 10 users 4.6.10 Warehouse Lead and Supervisor – 5 users 4.6.11 System Administration - 5 users Payment for Milestone No. 6 shall be ten percent (10%) of the not to exceed amount of the Agreement. Payment for Milestone No. 6 is contingent upon the assigned OC San
Project Manager’s acceptance of the final version of the submittal. Payment for Milestone No. 6 will include the following: Milestone 6 Deliverables:
• Role-based training manuals
• Role-based training for OC San staff
4.7 MILESTONE 7 - Knowledge Transfer – Consultant shall work with OC San Project Manager and staff to transfer knowledge within two hundred and fifteen (215) calendar
days from NTP. Consultant shall conduct periodic knowledge transfer sessions. These sessions will be performed with the OC San Project Manager and assigned IT personnel.
4.7.1 The scope of these sessions will include, but not be limited to: 4.7.1.1 Review of all existing documentation
4.7.1.2 Actual hands-on installation and setup of the software and tools being used for the project. 4.7.1.3 Setup of the data and database connections to the software and tools, a demonstration of how the software and tools work and how to maintain and upgrade the data. 4.7.1.4 Consultant shall also provide a hands-on review of the installation of any custom applications, tools and steps relating to the installation or setup. Payment for Milestone No. 7 shall be ten percent (10%) of the not to exceed amount of the Agreement. Payment for Milestone No. 7 is contingent upon the assigned OC San
Project Manager’s acceptance of the final version of the submittal. Payment for Milestone No. 7 will include the following: Milestone 7 Deliverable:
• Scheduled knowledge transfer session throughout the duration of the Agreement.
EXHIBIT A Page 8 of 10 Specification No. CS-2024-623BD
4.8 MILESTONE 8 - Testing, Go-live, and Support – Consultant shall develop a
comprehensive formal testing process approved by the OC San Project Manager within two hundred and forty (240) calendar days from NTP. Consultant shall develop a test plan for each component/module or system function establishing roles/responsibilities of
team members for each test plan. Consultant shall develop and load test data into a test system and facilitate the completion of each test plan. 4.8.1 Testing shall be coordinated with efforts between the OC San Project Manager, OC San Technical Lead, and OC San staff. 4.8.2 All testing procedures shall be developed and documented by Consultant and submitted to OC San for review and approval no less than two (2) weeks before testing begins. Testing scenarios shall reflect real-world processes and situations encountered by OC San employees. 4.8.3 Prior to moving the software into a production environment, Consultant shall remedy all known defects and install and test the most current,
commercially available fix pack(s) from IBM and remedy all problems and deficiencies that may surface during that process. 4.8.4 All tests shall be performed on-site at OC San on standard computers and
servers with OC San standard software and hardware. 4.8.5 Tests shall not be considered complete until the OC San Project Manager and assigned IT personnel are satisfied that the software and data
performed properly and is compliant with OC San standards in accordance with the Scope of Work. All training shall be completed prior to Go-live. 4.8.6 Upon successful completion of testing and written certification by Consultant that the software is complete in all respects, and all known defects have been remedied by Consultant, the software will be prepared for live operations. 4.8.7 Consultant shall provide dedicated remote support during Go-live for not less than fifteen (15) business days. If the module is deemed not functioning, then the response time will be four (4) hours next business day. If defects surface during that period, OC San reserves the right to require Consultant to remain on site until the software is stable and material defects
have been remedied. Payment for Milestone No. 8 shall be twenty percent (20%) of the not to exceed amount
of the Agreement. Payment for Milestone No. 8 is contingent upon the assigned OC San Project Manager’s acceptance of the final version of the submittal. Payment for Milestone No. 8 will include the following: Milestone 8 Deliverables:
• Test plan
• User acceptance test
• System test
• Go-live
• Go-live support 4.9 MILESTONE 9 - Project Documentation – All project-related documentation shall be updated and provided to OC San prior to training within two hundred fifty (250) calendar days from NTP.
EXHIBIT A Page 9 of 10 Specification No. CS-2024-623BD
4.9.1 Project Documentation shall include, but not be limited to: hardware configuration, software configuration, security setup and administration,
training manuals, collected data, installation procedures, and testing procedures. 4.9.2 All documentation shall be delivered in the form of electronic files. All
Project Documentation deliverables shall be in their original format (e.g., Word or Excel). The final documentation deliverable shall consist of a complete set of electronic user manuals and electronic system administration manuals exclusive of IBM-MAXIMO user/system manuals procured by OC San. Payment for Milestone No. 9 shall be ten percent (10%) of the not to exceed amount of the Agreement. Payment for Milestone No. 9 is contingent upon the assigned OC San Project Manager’s acceptance of the final version of the submittal. Payment for Milestone No. 9 will include the following:
Milestone 9 Deliverables:
• Software/Application configuration.
• Software/Application security setup.
• Software/Application workflow documentation.
• Software/Application test plans and test plan results.
• Finalized version of workflow diagrams & flowcharts
• Finalized version of standard operating procedures
• Finalized version of training manuals
• All other documentation generated by other project tasks (e.g., status reports,
logs, and training materials)
EXHIBIT A Page 10 of 10 Specification No. CS-2024-623BD
5. SCHEDULE
Consultant shall adhere to the following deadlines in creating its schedule and work breakdown
structure for accomplishing the SOW. Consultant shall coordinate all meetings and presentations
with the assigned OC San Project Manager. All meetings and presentations will be held at OC
San’s Plant 1 facility located in the City of Fountain Valley.
ACTIVITY DEADLINE MILESTONE REFERENCE
SECTION
Notice to Proceed (NTP) NTP = Effective Date
Kick-Off Meeting NTP + 14 Calendar Days
Detail Requirements and Design NTP + 42 Calendar Days Milestone 1 4.1
System Implementation, Configuration,
and Integration of Vanilla environment
NTP + 90 Calendar Days Milestone 2 4.2
System Implementation, Configuration,
and Integration of Development
environment
NTP + 120 Calendar Days Milestone 3 4.3
System Implementation, Configuration,
and Integration of Training environment
NTP + 150 Calendar Days Milestone 4 4.4
System Implementation, Configuration,
and Integration of Production environment
NTP + 180 Calendar Days Milestone 5 4.5
Training NTP + 200 Calendar Days Milestone 6 4.6
Knowledge Transfer NTP + 215 Calendar Days Milestone 7 4.7
Testing, Go-live, and Support NTP + 240 Calendar Days Milestone 8 4.8
Project Documentation NTP + 250 Calendar Days Milestone 9 4.9
ADMINISTRATION COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3802 Agenda Date:10/9/2024 Agenda Item No:4.
FROM:Robert Thompson, General Manager
Originator: Jennifer Cabral, Director of Communications
SUBJECT:
PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF AUGUST AND SEPTEMBER 2024
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Public Affairs Update for the months of August and September 2024.
BACKGROUND
Included in this report are the recent activities of interest,managed by the Public Affairs Office.This
report covers August and September 2024,following the transition of these items from the Steering
Committee to the Administration Committee.
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 comprehend the vital services we provide.Many
customers may not realize that improper waste disposal into the sanitation system can adversely
impact our sewer lines,reclamation 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 10/1/2024Page 1 of 4
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File #:2024-3802 Agenda Date:10/9/2024 Agenda Item No:4.
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
June 2024 - Received and filed the Public Affairs Strategic Plan for Fiscal Years 2024- 2026.
ADDITIONAL INFORMATION
Activities in August and September:
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: 15 posts reaching 2.1k people
•X: 12 posts reaching 636 people
•Instagram: 30 posts reaching 5.9k people
•LinkedIn: 4 posts reaching 2.2k people
Presentations and Outreach Events
During the months of August and September,staff presented to various groups including the
Fullerton Rotary Club,the SoCal Waste Discharge Requirements Group,the City of San Diego,
Wake Up Newport with the Chamber of Commerce,the Construction Management Association of
America, and the South California Municipal Labs Workgroup.
OC San staff conducted 17 tours,engaging guests from the Grand Jury,the Allen Matkins law firm,
students from the Bassett Adult School,and new OC San employees.Additionally,a tour of the
Headquarters building was given to the Net Zero Conference participants.Staff also participated in
the Orange County Business Council Legislative Day,State of the County,and the Orange County
Water District's Water Summit.In total we reached approximately 400 people over the course of the
past two months. Details can be found in the Outreach and Media Report.
Orange County Sanitation District Printed on 10/1/2024Page 2 of 4
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File #:2024-3802 Agenda Date:10/9/2024 Agenda Item No:4.
Member Agency Outreach Meetings
As part of our General Manager’s outreach efforts,Mr.Thompson is actively engaging with our
member agencies through a series of meetings.These meetings provide an opportunity to
strengthen partnerships,discuss key initiatives impacting each agency,and explore collaborative
opportunities.By fostering open communication,we aim to ensure alignment on regional goals and
enhance the collective impact of our work across Orange County.Meetings have taken place with
the cities of Fullerton,Santa Ana,Huntington Beach,and Seal Beach.In October,we have
scheduled meetings with the cities of Villa Park,Los Alamitos,Fountain Valley,Newport Beach,and
the County of Orange.In addition,City Council presentations are scheduled with the cities of Tustin
and Orange.
Internal Communication
Over the course of two months,there were 91 posts on the employee intranet page,The San Box,
and nine emails were distributed on relevant weekly topics through our Three Things to Know staff
email distribution.
Construction Outreach Update
Outreach efforts continue for OC San construction activities throughout the service area.Projects
are ongoing in Costa Mesa,Seal Beach,Newport Beach,and within both of our reclamation plants.
Construction for the Taft Sewer Improvement project is scheduled to begin in October in the City of
Orange.As a part of our outreach efforts,OC San distributed over 1,100 mailers and held an Open
House in September,allowing residents to learn about the project and address any concerns before
construction began.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.
Member Agency Outreach Toolkit
The fall outreach toolkit was distributed to our member agencies to spread OC San messaging
across a wider audience.It covers holiday themed topics which include the What2Flush and 3Ps
campaign.The toolkit includes graphics,articles for websites and newsletters,and social media
posts.
Recognizing Our VIP’s
OC San celebrated and recognized our VIPs through the Volunteer Incentive Program;a program
designed to give our employees and retirees an opportunity to engage with the communities we
serve while sharing OC San messaging.Our VIPs were recognized with an appreciation lunch
celebrating their time which resulted in 94 tours,14 community events,35 speaking engagements,
and one Open House to support OC San’s Educational Outreach Program.Through these efforts,it
is estimated that OC San reached 6,600 people in fiscal year 2023-2024.
Activities in October:
Social Media
OC San continues to share messaging across the various social media platforms.
State of OC San
The State of OC San will take place on Friday,October 25 from 11 a.m.-1 p.m.at the Mile Square
Golf Course in Fountain Valley.The event will host community members,as well as local,state,and
federal dignitaries,and will provide an update on OC San,including our accomplishments and futureOrange County Sanitation District Printed on 10/1/2024Page 3 of 4
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File #:2024-3802 Agenda Date:10/9/2024 Agenda Item No:4.
federal dignitaries,and will provide an update on OC San,including our accomplishments and future
direction.
Annual Report
OC San’s Annual Report will highlight various 2023-2024 fiscal year accomplishments including the
recent completion of the Headquarters building,the Pretreatment Honor Roll Program,and our
financial stability.
OC San Connection Newsletter
The fall issue of the community newsletter will be published and distributed in October.It will include
information on upcoming construction projects,an update on various programs,and a schedule of
upcoming community events that OC San will be participating in.Past issues can be found at
www.ocsan.gov/newsletter.
Community Event Participation
As part of OC San’s educational outreach efforts,staff will be at the Cypress Community Festival on
Saturday,October 12,and at the Placentia Heritage Festival on Saturday,October 19.Participation
in these events allows OC San the opportunity to share information on topics of interest such as
What2Flush and the 3Ps.
CEQA
N/A
FINANCIAL CONSIDERATIONS
All items mentioned are included in OC San’s FY 2024-26 Budget.
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 - August and September 2024
·Presentation
Orange County Sanitation District Printed on 10/1/2024Page 4 of 4
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Outreach and Media
Summary
August and September 2024
OC San Public Affairs Off ice
Table of Contents
OUTREACH REPORT…………………………………………………………PAGE 1
FACEBOOK POSTINGS ……………………………………………...............PAGE 3
TWITTER POSTINGS …………………………………………………………PAGE 4
INSTAGRAM POSTINGS………………………………………………………PAGE 5
LINKEDIN POSTINGS………………………………………………………....PAGE 6
NEWS ARTICLES……………………………………………………………………………. PAGE 7
Outreach Report August and September 2024
Date Tours Attendees Tour Guide
8/924 San Diego Public Utilities 4 Rob Thompson
8/9/24 Santiago Canyon College 15 Eric Halverson
8/20/24 IT Group Tour 15 Randa Abushaban
8/21/24 IT Group Tour 17 Jenna Obenshein
8/22/24 IT Group Tour 13 Eric Halverson
8/23/24 Grand Jury Tour 11 Rob Thompson
8/27/24 Frontiers Academy 17 Randa Abushaban
8/27/24 Best Best & Krieger LLP Tour 6 Jennifer Cabral
9/4/24 Allen Matkins LLC Tour 4 Rob Thompson
9/9/24 City of Fullerton Tour 2 Rob Thompson
9/14/24 Basset Adult School Tour 2 Shabbir Basrai
9/18/24 New Employee Tour 9 Rob Thompson
9/19/24 Costa Mesa Sanitary District 2 Rob Thompson
9/20/24 International Partnership of Education Research and Communication Academy Tour 12 Belen Carrillo
9/24/24 City of Huntington Beach 2 Rob Thompson
9/26/24 City of Seal Beach 2 Rob Thompson
9/26/24 City of Tustin 2 Rob Thompson
Date Speaking Engagements/Events Attendees Presenter
8/7/24 Fullerton Rotary 64 Rob Thompson
8/22/24 Overview of the Capital Improvement Program at SMPS-OC 40 Justin Fenton
9/5/24 Wake Up Newport 30 Rob Thompson
9/18/24 Construction Management Association of America Panelist 20 Raul Cuellar
9/27/24 OC Water Summit 100 Belen Carrillo/Daniel Jaques
Project Area Outreach Notifications # of People
Reached
Website Posts and
Text Alerts
Anaheim/Buena Park Orange-Western Trunk project update 823 1 website post
1
Costa Mesa Costa Mesa Sewer Along I-405 810
3 website posts
3 email alerts
Newport Beach MacArthur Sewer Project update 73 1 website post
Seal Beach Seal Beach Pump Station
Replacement update 187 1 website post/ 1 email alert
Orange Taft Sewer Replacement Project Update 393 1 website post/ 1 email alert 2 text alerts
External
Communications Distribution # of People
Reached
5 Minutes Per Month
OC San Planning for the Future and Investing in our Community 432
Board Member Talking Points Two 100
Website Posts 12 posts 16.3k views Website
Facebook 15 posts 2.1k reached Social Media
Twitter 12 tweets 636 reached Social Media
Instagram 30 posts 5.9 k reached Social Media
LinkedIn 4 posts 2.2 k reached Social Media
2
Post performance - Facebook Pages
Data from 01 Aug, 2024 to 19 Sep, 2024
Sources
Orange County Sanitation DistrictO
Orange County Sanitation
District
Sep 16, 18:01O This week is SepticSmart Week. Even if you have a septic tank, the 3 Ps still
apply - only flush pee, poop, and (toilet) paper down your toilet. For more
information on how you can maintain your septic tank, visit www.epa.gov/sept…
93 92
Orange County Sanitation
District
Sep 14, 16:02O We hope your back-to-school season is o to a great start. To brush up on your
wastewater knowledge, visit the Education page on our website. Here you can
learn all about our treatment plant processes, ocean monitoring program, sign…
156 154
Orange County Sanitation
District
Sep 12, 18:56O Join us for a community meeting to learn about the Ta Avenue Sewer
Improvement Project, which will replace and relocate a portion of the Ta
Sewer for the City of Orange California - Municipal Government. At the meeting…
117 111
Orange County Sanitation
District
Sep 11, 14:12O The results are in! The 2023-2024 Annual Heal the Bay Report Card is out, revealing OC beachesoutperformed state averages and even made honor roll. Thank you to our OC San sta for theirhard work in keeping our beaches safe and clean. Happy Swimming 💧🏊
348 330
Orange County Sanitation
District
Sep 09, 18:02O At the OC San HQ, we've got some seriously cool educational displays thatshow o how we’re keeping Orange County and the environment in tip-topshape. We’re all about keeping things crystal clear—and safe. 💧 #OCSan…167 157
Orange County Sanitation
District
Sep 09, 16:13O The OC San Administration Committee Meeting is occurring on Wednesday, Sept.
11 at 5 pm. Click here to view the agenda:41 37
Orange County Sanitation
District
Sep 04, 21:05O Join the OC San Audit AdHoc Committee Meeting (4 pm) and Operations
Committee Meeting (5 pm), both happening today! Click here for more info:58 50
Orange County Sanitation
District
Aug 26, 17:04O The OC San Steering Committee (5 pm) and Board of Directors Meeting (6 pm)
are happening on Wednesday, August 28. Click here to view the agenda:68 56
Orange County Sanitation
District
Aug 20, 15:09O We need your input! Help us update the Multi-Jurisdictional Hazard MitigationPlan to keep our community safe from natural and human-caused hazards.Click here to submit the survey: https://docs.google.com/forms/d/e/1FAIpQ…82 63
Orange County SanitationDistrict
Aug 19, 19:02O From first-generation college graduate to Source Control Inspector I at OC San,Melody Rubiano’s journey is a testament to the power of education! 🌟 Discoverhow her degree in Biological & Physical Sciences San Bernardino Valley Colle…145 127
Orange County SanitationDistrict
Aug 17, 16:01O 🏅 Olympic champions never clog the track—don’t clog your pipes! Toss FOGin the trash, not the drain, and keep things running smoothly. #CleanWins#OCSan #What2Flush 308 290
Orange County SanitationDistrict
Aug 16, 18:01O 🚽 Olympic athletes know when to flush it and when to hold it! Only the 3 Ps—pee, poo, and (toilet) paper—deserve a trip down the drain. Wipes cause clogs.#What2Flush #GoldMedalPipes 190 174
Orange County SanitationDistrict
Aug 15, 14:03O Together, we can keep our systems running smoothly and free of Fats, Oils and
Grease. These belong in the trash, not down the drain. #OCSan #FOGFree 231 216
Orange County SanitationDistrict
Aug 14, 20:02O The Olympics are over, actually, they're just getting started. 🏅 Every Olympic
champion knows the importance of teamwork—just like our e orts to keep
drains clean! Remember, only flush the 3 Ps: pee, poo, and (toilet) paper.…
105 97
Orange County SanitationDistrict
Aug 13, 14:01O Rinse o a er sandy beach days! Sand clogs pipes & can cause backups for
everyone. Help us keep water flowing smoothly! Visit OCSan.gov for more info
#KnowBeforeYouGo
150 141
DATE POST IMPRESSIONS REACH
3
Post performance - Twitter
Data from 01 Aug, 2024 to 19 Sep, 2024
Sources
@OCSanDistrict
@OCSanDistrict
Sep 19, 16:02
This week is Construction Appreciation Week and we’re highlighting our Capital
Improvement Program that’s designed to ensure our infrastructure is operating
e iciently and optimally. For more information on current and upcoming…
🚧
0%0 0
@OCSanDistrict
Sep 16, 18:01
This week is SepticSmart Week. Even if you have a septic tank, the 3 Ps still
apply - only flush pee, poop, and (toilet) paper down your toilet. For more
information on how you can maintain your septic tank, visit http://www.epa.go…
3.85%1 26
@OCSanDistrict
Sep 14, 16:01
We hope your back-to-school season is o to a great start. To brush up on your
wastewater knowledge, visit the Education page on our website. Here you can
learn all about our treatment plant processes, ocean monitoring program, sign…
11.11%4 36
@OCSanDistrict
Sep 12, 18:56
Join us on June 18 in the @CityofOrangeCA for a community meeting to learnabout the Ta Avenue Sewer Improvement Project, which will replace andrelocate a portion of the Ta Sewer for the City of Orange. Learn more: http://o…1.96%1 51
@OCSanDistrict
Sep 11, 14:12
The results are in! The 2023-2024 Annual @HealtheBay Report Card is out, revealing OC beachesoutperformed state averages and even made honor roll. Thank you to our OC San sta for theirhard work in keeping our beaches safe and clean. Happy Swimming 💧🏊
0%0 33
@OCSanDistrict
Sep 09, 18:02
At the OC San HQ, we've got some seriously cool educational displays thatshow o how we’re keeping Orange County and the environment in tip-topshape. We’re all about keeping things crystal clear—and safe. 💧 #OCSan…1.82%1 55
@OCSanDistrict
Aug 20, 15:09
We need your input! Help us update the Multi-Jurisdictional Hazard MitigationPlan to keep our community safe from natural and human-caused hazards.Click here to submit the survey: https://docs.google.com/forms/d/e/1FAIpQ…2.41%2 83
@OCSanDistrict
Aug 19, 19:00
From 1st gen college graduate to Source Control Inspector I at OC San,Melody's journey is a testament to the power of education. Discover how herdegree in Biological & Physical Sciences @sbvalleycollege helped her secur…6.78%4 59
@OCSanDistrict
Aug 17, 16:00
🏅 Olympic champions never clog the track—don’t clog your pipes! Toss FOGin the trash, not the drain, and keep things running smoothly. #CleanWins#OCSan #What2Flush https://twitter.com/OCSanDistrict/status/18248387324…2.44%1 41
@OCSanDistrict
Aug 16, 18:01
🚽 Olympic athletes know when to flush it and when to hold it! Only the 3 Ps—pee, poo, and (toilet) paper—deserve a trip down the drain. Wipes cause clogs.#What2Flush #GoldMedalPipes https://twitter.com/OCSanDistrict/status/182…0%0 44
@OCSanDistrict
Aug 15, 14:03
Together, we can keep our systems running smoothly and free of Fats, Oils andGrease. These belong in the trash, not down the drain. #OCSan #FOGFree https://twitter.com/OCSanDistrict/status/1824084396565029094/photo/1 1.52%1 66
@OCSanDistrict
Aug 14, 20:01
The Olympics are over, actually, they're just getting started. 🏅 Every Olympicchampion knows the importance of teamwork—just like our e orts to keepdrains clean! Remember, only flush the 3 Ps: pee, poo, and (toilet) paper.…2.38%2 84
@OCSanDistrict
Aug 13, 14:01
Rinse o a er sandy beach days! Sand clogs pipes & can cause backups for
everyone. Help us keep water flowing smoothly! Visit http://OCSan.gov for
more info #KnowBeforeYouGo https://twitter.com/OCSanDistrict/status/1823…
5.17%3 58
DATE POST ENGAGEMENT RATE ENGAGEMENTS IMPRESSIONS
4
Post performance - Instagram Business
Data from 01 Aug, 2024 to 19 Sep, 2024
Sources
ocsandistrictO
ocsandistrict
Sep 19, 16:02O This week is Construction Appreciation Week and we’re highlighting our Capital
Improvement Program that’s designed to ensure our infrastructure is operating
e iciently and optimally. If you haven’t already, keep an eye out for our storie…
0%0 1 0
ocsandistrict
Sep 17, 16:36O *Answers at end of week 0%73 0 70
ocsandistrict
Sep 17, 16:34O (No description)0%76 0 73
ocsandistrict
Sep 17, 16:28O (No description)0%77 0 74
ocsandistrict
Sep 17, 16:28O (No description)0%82 0 78
ocsandistrict
Sep 16, 22:47O Click here for more info:0%84 0 82
ocsandistrict
Sep 16, 21:52O *results at the end of the week 0%89 0 88
ocsandistrict
Sep 16, 18:01O This week is SepticSmart Week. Even if you have a septic tank, the 3 Ps stillapply - only flush pee, poop, and (toilet) paper down your toilet. For moreinformation on how you can maintain your septic tank, visit www.epa.gov/sept…7.87%128 9 127
ocsandistrict
Sep 14, 22:05O Happy 85th!!!!! 🎈 Out here celebrating @midwaycitysanitarydistrict with our
Vice-Chairman and Assistant General Manager 0%190 0 181
ocsandistrict
Sep 14, 16:01O We hope your back-to-school season is o to a great start. To brush up on yourwastewater knowledge, visit the Education page on our website. Here you canlearn all about our treatment plant processes, ocean monitoring program, sign…6.54%119 6 107
ocsandistrict
Sep 12, 18:56O Join us for a community meeting to learn about the Ta Avenue SewerImprovement Project, which will replace and relocate a portion of the Ta Sewer for the @cityoforange_ca. At the meeting, you will have an opportunity …1.16%1,164 9 1,124
ocsandistrict
Sep 11, 14:13O The results are in! The 2023-2024 Annual @HealtheBay Report Card is out,revealing OC beaches outperformed state averages and even made honor roll.Thank you to our OC San sta for their hard work in keeping our beaches safe…
💧🏊
6.54%276 14 260
ocsandistrict
Sep 09, 18:02O At the OC San HQ, we've got some seriously cool educational displays that
show o how we’re keeping Orange County and the environment in tip-top
shape. We’re all about keeping things crystal clear—and safe. 💧 #OCSan…
10.11%204 18 188
ocsandistrict
Aug 30, 23:00O (No description)0%134 0 134
ocsandistrict
Aug 26, 19:54O (No description)0%118 0 116
ocsandistrict
Aug 26, 19:54O Our favorite one all of them! Because they flush, unlike flushable wipes.0%126 0 124
ocsandistrict
Aug 26, 19:49O At OC San we like all toilet paper, we don’t like flushable wipes as much. We do
like the ones that say they belong in the trash can. Hear what brands your local
“experts” on toilet paper have to say 🧻🚽
15.59%0 30 526
ocsandistrict
Aug 26, 17:14O Our passion is wastewater 🚿 Our General Manager, Rob Thompson was on theSoCal Water Solutions 9 panel this weekend ✨0%160 0 159
ocsandistrict
Aug 21, 19:17O (No description)0%194 0 191
ocsandistrict
Aug 20, 15:09O We need your input! Help us update the Multi-Jurisdictional Hazard Mitigation
Plan to keep our community safe from natural and human-caused hazards. For
more info and to share your feedback visit ocsan.gov. #OCSanSafety…
4.55%0 4 88
ocsandistrict
Aug 20, 14:52O (No description)0%71 0 71
ocsandistrict
Aug 20, 03:34O (No description)0%94 0 92
ocsandistrict
Aug 19, 19:00O 🎓 From first-generation college graduate to Source Control Inspector I at OC
San, Melody's journey is a testament to the power of education! 🌟 Discover
how her degree in Biological & Physical Sciences @sbvalleycollege helped h…
13.89%0 30 288
ocsandistrict
Aug 17, 16:00O 🏅 Olympic champions never clog the track—don’t clog your pipes! Toss FOG
in the trash, not the drain, and keep things running smoothly. #CleanWins
#OCSan #What2Flush
4.27%0 5 117
ocsandistrict
Aug 16, 19:17O Shots fired 0%75 0 74
ocsandistrict
Aug 16, 18:01O 🚽 Olympic athletes know when to flush it and when to hold it! Only the 3 Ps—
pee, poo, and (toilet) paper—deserve a trip down the drain. Wipes cause clogs.
#What2Flush #GoldMedalPipes
3.88%253 8 206
ocsandistrict
Aug 16, 17:41O (No description)0%90 0 88
ocsandistrict
Aug 15, 14:03O Together, we can keep our systems running smoothly and free of Fats, Oils and
Grease. These belong in the trash, not down the drain. #OCSan #FOGFree 5.59%170 9 161
ocsandistrict
Aug 14, 20:00O The Olympics are over, actually, they're just getting started. 🏅 Every Olympicchampion knows the importance of teamwork—just like our e orts to keepdrains clean! Remember, only flush the 3 Ps: pee, poo, and (toilet) paper.…5.71%0 8 210
ocsandistrict
Aug 13, 16:49O - A Message from Us, OC San Sand can cause clogs in your shower. 🤯0%123 0 123
ocsandistrict
Aug 13, 14:01O Rinse o a er sandy beach days! Sand clogs pipes & can cause backups foreveryone. Help us keep water flowing smoothly! Visit OCSan.gov for more info#KnowBeforeYouGo 4.23%322 10 260
DATE POST ENGAGEMENT RATE IMPRESSIONS LIKES REACH
5
Post performance - LinkedIn Pages
Data from 01 Aug, 2024 to 19 Sep, 2024
Sources
Orange County Sanitation District
Orange County Sanitation
District
Sep 11, 14:23
The results are in! The 2023-2024 Annual Heal the Bay Report Card is out,
revealing OC beaches outperformed state averages and even made honor roll.
Thank you to our OC San sta for their hard work in keeping our beaches safe…
3.56%309 5 1
Orange County Sanitation
District
Sep 09, 18:02
At the OC San HQ, we've got some seriously cool educational displays that
show o how we’re keeping Orange County and the environment in tip-top
shape. We’re all about keeping things crystal clear—and safe. 💧 #OCSan…
6.54%658 19 2
Orange County Sanitation
District
Aug 20, 15:09
We need your input! Help us update the Multi-Jurisdictional Hazard Mitigation
Plan to keep our community safe from natural and human-caused hazards.
Click here to submit the survey: https://lnkd.in/dc8eKgnU #OCSanSafety…
3.9%436 3 0
Orange County Sanitation
District
Aug 19, 19:00
🎓 From first-generation college graduate to Source Control Inspector I at OCSan, Melody's journey is a testament to the power of education! 🌟 Discoverhow her degree in Biological & Physical Sciences SAN BERNARDINO VALLEY…9.39%799 15 0
DATE POST ENGAGEMENT RATE IMPRESSIONS REACTIONS SHARES
6
Article Date Source Link
Weekend sewage spill shuts down Venice and Dockweiler
beaches 8/1/2024 MSN.com
https://www.msn.com/en-
us/travel/news/weekend-sewage-spill-shuts-
down-venice-and-dockweiler-beaches/ar-
BB1qrpBz?apiversion=v2&noservercache=1&d
omshim=1&renderwebcomponents=1&wcseo=
1&batchservertelemetry=1&noservertelemetry
=1
Grouting Against I&I 8/12/2024
Municipal Water and
Sewer Magazine
https://www.ocsan.gov/home/showpublished
document/34733/638614718846570000
70 Years and OC San going Strong 8/12/2024
Clean Water Magazine
pages 51-53
https://www.kelmanonline.com/httpdocs/files
/CWEA/cleanwater-issue3-2024/index.html#
After massive sewage spill that polluted beaches, L.A.
agrees to spend $20 million on improvements 8/20/2024 LA Times
https://ocsdgov.sharepoint.com/:b:/s/External
/EQhed0JFPBpGmmX5GMpIYEIBEIIrKKhYEiWfo
oJci0UL4g?e=ZwUsev
Inside the Outdoors marks 50 years of inspiring
environmental stewardship in Orange County 8/27/2024 OCDE Newsroom
https://newsroom.ocde.us/inside-the-outdoors-
marks-50-years-of-inspiring-environmental-
stewardship-in-orange-county/
Raw sewage leak forces Los Angeles beach closure 8/30/2024 KTLA 5
https://ktla.com/news/local-news/raw-sewage-
leak-forces-los-angeles-beach-closure/
Ocean sewage spill averted, reopening popular L.A.
County beach ahead of Labor Day weekend 8/30/2024 LA Times
https://www.yahoo.com/news/avoid-
untreated-sewage-leak-avoid-202201472.html
Media Articles for August 2024
7
10/2/2024
1
Presented by:
Jennifer Cabral, Director of Communications
Daisy Covarrubias, Public Affairs Supervisor
Administration Committee October 9, 2024
Orange CountySanitation District70thAnniversary
•Introduction
•Staff
•Strategic Plan
•Ongoing Efforts
1
2
10/2/2024
2
Orange CountySanitation District70thAnniversary
3
Orange CountySanitation District70thAnniversary
4
Jennifer Cabral, Director of Communications
Daisy Covarrubias, Public Affairs Supervisor
Rebecca Long, Senior Public Affairs Specialist
Belen Carrillo, Senior Public Affairs Specialist
Kelly Newell, Public Affairs Specialist
Becky Polcyn, Public Affairs Specialist
Gregg Deterding, Graphic Designer
Isai Carrillo, Graphic Designer
Cheryl Scott, Administrative Assistant
Tanya Chong, Principal Staff Analyst (Engineering)
Daniel Jaques, PAO Intern
VIPS
3
4
10/2/2024
3
Orange CountySanitation District70thAnniversary
•Internal and External Communication
•Support OC San’s existing programs
•New Items:
New Website
Employee Engagement Survey
Headquarters Educational Display – Phase 2
Library Educational Program
New Employee Welcome Kit
Employee Art Contest
5
v
Orange CountySanitation District70thAnniversary
6
Toolkits Construction Outreach Educational Program
Employee Engagement
5
6
10/2/2024
4
v
Orange CountySanitation District70thAnniversary
7
www.ocsan.gov
v
Orange CountySanitation District70thAnniversary
Part of General Manager’s Work Plan
8
•Seeking feedback on communication methods, development opportunities, and overall workplace satisfaction
•353 responses
•Results assessed to identify opportunities for improvement
7
8
10/2/2024
5
Orange CountySanitation District70thAnniversary
Receive and File the Public Affairs Update for the months of
August and September 2024.
9
1954 - 2024
Orange County Sanitation District70thAnniversary
10
9
10
ADMINISTRATION COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3790 Agenda Date:10/9/2024 Agenda Item No:5.
FROM:Robert Thompson, General Manager
Originator: Jennifer Cabral, Director of Communications
SUBJECT:
LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF AUGUST AND SEPTEMBER 2024
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Legislative Affairs Update for the months of August and September 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 10/2/2024Page 1 of 3
powered by Legistar™
File #:2024-3790 Agenda Date:10/9/2024 Agenda Item No:5.
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 August:
·OC San,in unison with our fellow agencies,joined in a Floor Alert to oppose SB 937 which
could create a new and conflicting legal standard for water and sewer connection and capacity
fees and place the burden of cost for serving new development on existing ratepayers.(This
bill was signed into law by Governor Newsom).
·Ongoing monitoring of OC San’s member agencies council and board agendas highlighting
issues and items of relevance to OC San.
Activities in September:
·In the month of September,OC San submitted three position letters to Governor Newsom for
his review and potential action.September 30 was the last day for the Governor to sign or
veto bills passed by the Legislature.
·Following are the letters OC San submitted to Governor Newsom:
o Signature Request -AB 2515:Menstrual products:perfluoroalkyl and polyfluoroalkyl
substances (PFAS). (At the writing of this report, the bill was on the Governor’s desk).
o Veto Request -SB 937:Development projects:fees and charges.(This bill was signed
into law by Governor Newsom).
o Signature Request -SB 1072:Local government:Proposition 218:remedies.(This bill
was signed into law by Governor Newsom).
·Ongoing monitoring of OC San’s member agencies council and board agendas highlighting
issues and items of relevance to OC San.
Activities in October:
·Save the Date:The State of OC San is scheduled for Friday,October 25 from 11 a.m.to 1
p.m.at the Mile Square Golf Course clubhouse in Fountain Valley.The in-person event will
host local,state,and federal dignitaries and provide an update on OC San’s accomplishments
and future direction.
·Attached to this report is the Draft 2025 Legislative and Regulatory Plan,which incorporates
feedback from our resident experts,industry contacts,and the Board of Directors over the past
several months.The final plan will be presented to the Committee and the Board of DirectorsOrange County Sanitation District Printed on 10/2/2024Page 2 of 3
powered by Legistar™
File #:2024-3790 Agenda Date:10/9/2024 Agenda Item No:5.
several months.The final plan will be presented to the Committee and the Board of Directors
for adoption in November.
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
·Local Legislative Report - August 2024
·Local Legislative Report - September 2024
·Floor Alert: SB 937 - Oppose Unless Amended: Development Projects: Fees and Charges
·Request for Signature - OC San AB 2515 (Papan)
·Request for Veto - OC San SB 937 (Wiener)
·Request for Signature - OC San SB 1072 (Padilla)
·2025 Legislative and Regulatory Plan - DRAFT
·Presentations
Orange County Sanitation District Printed on 10/2/2024Page 3 of 3
powered by Legistar™
1 | P a g e
TO: Rebecca Long
FROM: Eric Sapirstein
DATE: September 30, 2024
SUBJECT: Washington Update
Congress returned from its August recess to address funding the government and
conducting a number of hearings to advance natural resources legislation. This
could become part of an omnibus public lands bill. Additionally, preliminary
discussions between the House and Senate Water Resources Development Act of
2024 on a compromise bill continues. With less than three weeks before its next
recess, the prospect for any legislation, other than a continuing resolution (CR),
gaining momentum before the general election is remote. Instead, the Lame Duck
Session that will being in mid-November represents the singular opportunity to
complete action on a number of measures. This in large measure will be determined
by which party prevails in November.
The following summarizes the status of federal policy matters of interest to OC San
•PFAS Rulemakings and Liability Protection Legislation
Federal Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) policymaking
continues to command congressional and stakeholder attention. Within the
policymaking arena, Congress is using the annual appropriations process to
address concerns from the water sector. The House Committee on
Appropriations approved the United States Environmental Protection Agency
(USEPA) Fiscal Year 2025 spending bill (H.R. 8998) in which it included PFAS
related policy riders. First, the committee reaffirmed its Fiscal Year 2024
spending bill directives to the Government Accountability Office (GAO). The
GAO was mandated to conduct a study regarding the economics underlying
USEPA’s decision to establish a drinking water standard—Maximum
Contaminant Level (MCL) of 4 parts per trillion (PPT). The committee expanded
this mandate, requiring GAO and the USEPA to identify the number of drinking
water agencies impacted by the rule and the costs of compliance.
2 | P a g e
The House spending bill also requires that, within 90 days of enactment, the
USEPA provides a report to Congress on its progress in implementing the PFAS
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) municipal discretionary enforcement policy. The USEPA asserts this
policy will avoid enforcing against wastewater agencies when CERCLA liability
might be triggered at a clean-up site. Aside from these liability and compliance
issues, the spending bill provides USEPA with directives to maintain research
into PFAS environmental and health impacts. and to support water agencies with
technical assistance to comply with the MCL.
The legislative effort to develop a water sector PFAS CERCLA liability exemption
continues in the Senate Committee on Environment and Public Works. As
reported previously, committee leadership is committed to develop a consensus
approach before scheduling a hearing and mark-up of a PFAS liability bill.
Additionally, the committee appears to agree that there must be an increased
commitment to support health research and technology
development to treat or destroy PFAS.
The challenge continues to define a passive receiver for CERCLA liability
exemption and how to create “guardrails” to protect against abuses that may
occur under any liability exemption if drafted. According to committee staff,
action on a bill is unlikely before the Lame Duck Session. Even within this
timeframe, doubt exists over the ability to fashion a bill that could make it
through Congress and to the president before a December adjournment. In the
House, H.R. 7944, Water Systems PFAS Liability Protection Act, would provide
for an explicit water sector exemption from liability. It remains a marker to rely
upon should the Senate pass a bill and send it to the House. H.R. 7944 is
important because, if enacted, it would provide liability protections to the water
and wastewater sectors. Importantly, it extends coverage to essential service
providers like biosolids and residual management and treatment firms. A House
congressional briefing on the need for liability protections is scheduled for
September 16 where stakeholders will review the challenges created by the
USEPA CERCLA designation.
From a legal perspective, the American Water Works Association and
Association of Metropolitan Water Agencies have filed a challenge to USEPA’s
MCL standard. The litigation questions the agency’s calculations of the costs of
the mandate to justify its publication. The U.S. Chamber of Commerce filed a
legal challenge to the agency’s PFAS hazardous substance designation that has
created the potential CERCLA liability for the water sector. Both challenges
could result in a judicial decision that would force USEPA to revise the
rulemakings or toss the rules completely. The National Association of Clean
Water Agencies is expected to file a brief on the designation mandate. The legal
challenges are not expected to delay enforcement of the rules. In the case of the
MCL, it does not become enforceable for five years from July 8, 2024, and
therefore resolution of the challenge should occur before compliance with the
MCL is triggered.
3 | P a g e
Importance of PFAS Legislative Directives and Liability Initiative
The decision to include directives to the USEPA that would provide Congress
with data on the impact of the two rulemakings may provide important
information. This could influence the ongoing legal challenges filed against the
MCL and the designation of PFAS as a hazardous substance. The Senate
Committee on Environment and Public Works leadership effort to address PFAS
hazardous substance liability, while unlikely to be acted upon before late fall,
continues to gain support from House and Senate members . OC San’s priority to
ensure that the water and wastewater agencies receive CERCLA liability
protections remains an active issue.
• Fiscal Year 2025 Appropriations
The House Committee on Appropriations approved the twelve spending
measures for the fiscal year that begins October 1. The bills were approved on
essentially party line votes, including the USEPA’s spending bill (H.R. 8998).
Disputes over funding levels contained in the Energy and Water Development
Appropriations Bill (H.R. 8997) and policy riders related to clean energy
mandates blocked House passage of the bill that funds the U.S. Bureau of
Reclamation (USBR) and the United States Army Corps of Engineers (USACE)
programs.
The Senate Committee on Appropriations similarly approved USEPA, USBR and
USACE spending bills. However, the committee has not reported the funding
bills to the Senate for floor for debate and votes. Instead, like the past few years
spending debates, the committee held the bills at committee level to avoid
protracted floor debates and floor amendments that can complicate final
agreements on spending bills with the House later this fall.
The broad policy differences and spending levels between the two chambers and
the limited time before the new fiscal year begins on October 1. This makes
reconciliation of the two chambers spending bills impossible. Passage of a
stopgap spending bill, extending into December, looks increasingly likely given
the White House and Senate positions that the only acceptable course of action is
a three-month extension and not a six-month CR as demanded by the House
Speaker. The inability to schedule a House floor vote on a six-month extension
(as of this writing) makes it increasingly likely that Congress will ultimately pass
a short-term extension, and the president will sign it into law.
The House-passed USEPA spending bill is notable for agency budget cuts totaling
$2 billion compared with the current year spending level. Specifically, the House
reduced the State Revolving Loan Fund (SRF) by almost $1 billion. While this is
a significant reduction, it is important to note that the next phase of the
infrastructure law’s supplemental SRF funding of $9 billion will help to offset the
cuts. The House bill also included PFAS directives noted previously in this
update. The bill also claws back millions in the USEPA green infrastructure fund,
eliminates funding for environmental justice programs, and denies funding of
DEI environmental programs.
4 | P a g e
H.R. 8998 also included clarifying language that community projects assistance
would not be subject to federal procurement rules related to sole source project
selection.
Unlike the House bill, the Senate version, S. 4802, does not impose spending
reductions. Instead, most programs remain funded at current levels. The SRF,
for example, would be funded at almost $3 billion. The Senate legislation
highlights that $9 billion was advanced appropriated as part of the
infrastructure law.
Last, the U.S. Department of Agriculture spending measure directs the
department to work with the USEPA to further research the potential PFAS
environmental impacts on soils and crop uptake because of biosolids land
application. This research directive is considered an important step to
determining if additional treatment or restrictions should be developed.
USEPA is completing its PFAS Risk Assessment Model that will establish
numerical standards that would be employed to establish treatment levels to
address pathways of PFAS exposure from land application and other avenues.
The model is likely to be released in October and would conform with the
spending bills directives.
Importance of Spending Bills
The pending spending priorities for Fiscal Year 2025 are important to OC San for
three reasons. First, the federal infrastructure partnership with agencies,
including a priority to address PFAS treatment and cleanups, will remain robust.
Second, the continuing education on the challenge of PFAS treatment and
destruction has apparently put a pause on using the appropriations process to
dictate treatment and clean-up mandates. Instead, it appears, based upon the
House and Senate bills, that a focus on collecting data to better understand PFAS
control and treatment challenges is the priority for resources allocation. The
House bill mandate to report on PFAS drinking water MCL costs and the impact
upon agencies’ ability to comply indicated a continued interest in identifying
how the agency arrived at the 4PPT standard. Last, the directed USEPA report
on the implementation of the PFAS discretionary enforcement policy indicates a
potential for increased oversight on the impacts, costs and benefits of USEPA’s
rules and policies upon the water sector.
1 of 8
Federal Legislative Report
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
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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
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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
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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
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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
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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.
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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:
From:
Date:
Subject:
Orange County Sanitation District
Townsend Public Affairs
September 30, 2024
2024 Legislative End of Session Overview
2024 STATE LEGISLATIVE WRAP UP
Overview
The 2024 legislative session came to a dramatic close just after midnight on Saturday, August 31, as both chambers were engulfed in a flurry of last-minute proposals, political maneuvering,
and power plays among leadership in both houses and the Governor’s Administration. This
adjournment marked the end of the two-year 2023-24 Legislative Session, which saw over 4,000 bills introduced during its cycle.
While last-minute policy introductions are a common feature of California's legislative process, this session was notable for the unusually high number of bills and amendments introduced in the final 72 hours. These last-ditch efforts aimed to make sweeping changes in key areas such as energy policy, industrial land use regulations, and gas pricing, among others.
Adding to the usual end-of-session frenzy, Governor Newsom called a special session just hours before the regular session's end to address new mandates on oil refineries aimed at reducing gas prices. This unexpected move effectively pushes the Legislature into overtime, forcing lawmakers to grapple with the complex and politically sensitive issue of energy affordability just as the campaign season kicks into high gear ahead of the November 5 election. In response, the Assembly convened the special session on August 31, as directed by the Governor, while the
Senate chose to defy the Governor’s order.
As for the legislative output of the 2024 session, of the 2,525 total bill vehicles introduced this
year, nearly 1,500 were passed by the Legislature. As of September 5, Governor Newsom has signed 550 bills into law, vetoed 5, and has 1001 bills still awaiting his decision before the September 31 deadline. In his first four years in office, Governor Newsom has vetoed between
7.9 percent and 16.5 percent of the bills presented to him annually, often citing insufficient state resources to implement the proposed measures. It is expected that his vetoes from the 2024 session will follow a similar pattern, particularly given the current budget deficit. Most of the
statutes signed into law will take effect on January 1, 2025.
The conclusion of the 2024 legislative session also signals the start of the Interim Recess and the ramp-up to the November 2024 General Election. At least 23 State Assembly seats and 12 State Senate seats are set to change hands, representing over 25 percent of each house. When the Legislature reconvenes in January 2025 for the start of the 2025-26 session, a wave of freshman legislators will bring new priorities, leadership styles, and political dynamics to Sacramento.
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Below is a detailed overview of priority measures and key events from the 2024 legislative
session, organized by issue area:
Water and Sanitation
Due to California’s storied history of drought and coinciding water management practices, water related policy is always a prominent topic in Sacramento regardless of current drought or reservoir
conditions. 2024 was no different, with significant legislation being introduced at the beginning of the legislative session on water rights, implementation on the Making Conservation a Way of Life regulation, implementation of the Advanced Clean Fleet regulation, water conservation, contamination source control, and water rates. Furthermore, coalitions of water and sanitation districts and other local government advocates continued the fight to protect revenue and cost-recovery streams such as connection and capacity fees from a multitude of housing bills seeking to lower the overall cost of housing. Pre-development costs, including mitigation and impact fees, have long been a target of affordable housing advocates due to the upfront costs on new developments. Much of the legislative session was dedicated toward reminding the Legislature about existing laws and deals to protect these critical sources of revenue as well as educating new members of the Legislature about their benefits. Despite some setbacks on the timing of payments of some of these impact fees, most of the problematic language introduced at the beginning of the year was amended out of bills prior to their final passage on the Floors. Additionally, considerable time was spent negotiating details on SB 1255 (Durazo), which
required a retail water supplier that serves over 3,300 residential connections to establish a water rate assistance program (WRAP) to help eligible low-income customers pay their water and wastewater bills. This WRAP was thought to be paid for from voluntary contributions paid by other
customers through charges on water bills in a first of its kind opt-out program. This concept was met with significant opposition from local government advocacy groups who argued that billing systems were not ready to implement policy changes such as this, in addition to a lack of
understanding about the actual need that exists and the amount of money an opt-in program could generate. SB 1255 died on the Assembly Appropriation’s Suspense File in August; however, it is possible that additional legislation to help lower the cost of water and wastewater bills will be introduced in 2025.
Revenue and Taxation In 2024, revenue and taxation policy took center stage, with various significant developments,
including the looming threat of the Taxpayer Protection and Government Accountability Act, ongoing legislative efforts such as ACA 1 (Aguiar-Curry) to provide local governments with more financing tools for housing production, and proposals aimed at reducing impact fees.
Taxpayer Protection Act
After years of opposition, the California Supreme Court ruled unanimously in June, barring the Taxpayer Protection Act from appearing on the November General Election ballot. The measure would have restricted the ability of state and local governments to implement or maintain taxes
and fees by retroactively nullifying recently passed tax measures, raising voter approval thresholds, and creating challenges for taxes and fees.
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The Court’s decision was based on the initiative's far-reaching scope, which it deemed exceeded
a simple constitutional amendment and instead represented a fundamental revision of state and local governance, requiring a constitutional convention.
ACA 1 / ACA 10 / Proposition 5 The Legislature passed ACA 1 (Aguiar-Curry), which, pending voter approval, would allow local
governments to incur bonded indebtedness or impose special taxes for housing and infrastructure projects with 55 percent voter approval. Initially set for the March primary ballot, ACA 1 was moved to the November 2024 election due to political calculations surrounding the passage of Proposition 1. Concerns from stakeholders like the California Association of Realtors, which sought to exclude
smaller properties from the measure’s financing eligibility, led to the introduction of ACA 10 and AB 2810 in 2024. ACA 10 stripped the special tax provisions from ACA 1, leaving only the 55 percent threshold for bond approval intact. AB 2810 included the compromise with the realtors to exclude the application of bond financing housing projects under 5 units. The revised measure now appears on the November ballot as Proposition 5, which, if approved, would empower local agencies to pass revenue bond measures for affordable housing and public infrastructure projects with a reduced voter threshold.
Impact Fees Housing affordability remained a central legislative theme in 2024, with impact fees and exactions
targeted as contributors to high development costs. A critical decision from the U.S. Supreme Court this year mandated that local governments establish a clear "essential nexus" between development projects and the fees they impose, ensuring that fees are "roughly proportional" to
the actual impact of the development. This ruling has the potential to significantly affect local government revenue streams.
In addition, the Legislature advanced several measures aimed at limiting or deferring impact fees, including: SB 937 (Wiener), which defers certain development fees until a certificate of occupancy is issued. It also locks in impact fees before a building permit is granted and prohibits indexing fees for inflation or charging interest on deferred fees. While local governments opposed the measure, it passed and may see further refinement in future sessions.
AB 1820 (Schiavo), which creates a framework for developers to receive preliminary and final estimates of project-related fees and exactions within specific timeframes. Both bills passed the Legislature and are currently awaiting action from the Governor.
Labor and Employee Relations
At the outset of the legislative session, several bills were introduced by progressive lawmakers, with backing from major labor organizations, including the American Federation of State, County,
and Municipal Employees (AFSCME), the California Labor Federation, and the California State Council of the Service Employees International Union (SEIU).
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These labor groups, alongside numerous employee advocacy organizations, have recently prioritized addressing the reported labor shortages in the public sector. According to a recent
study by the UC Berkeley Labor Center, vacancy rates in county job positions within three of California's most populous counties are now 1.5 to 2 times higher than they were prior to the COVID-19 pandemic.
In response to these vacancy rates and workforce gaps, several pieces of legislation were introduced, seeking to increase transparency in public sector bargaining unit vacancies and to
promote the hiring of internal labor over consultants. These measures also included substantial data reporting requirements for existing consultants and contractors in the public sector, aiming to support arguments in favor of using internal labor groups for essential tasks. The principal bills—AB 2557 (Ortega) and AB 2651 (McKinnor)—faced significant opposition from local governments and business interests during the legislative process. Despite this resistance, both bills successfully advanced through policy committees, largely along party lines, due to robust support from labor advocates among committee members. However, AB 2557 (Ortega), which would have required extensive reporting and auditing on public sector contracting, failed to pass the Senate Appropriations Committee before the legislative deadline and was shelved for the year. In contrast, AB 2561 (McKinnor), mandating that local public agencies with more than a 20 percent vacancy rate in any bargaining unit publicly present updates on vacancies, recruitment, and retention efforts at least once per fiscal year, passed the Legislature in the final days of the session and now awaits action by the Governor. Additionally, two weeks before the legislative session's close, SB 399 (Wahab) was amended. Originally introduced in 2023, the bill pertains to employee intimidation and aims to prevent
employers from retaliating against or threatening employees who refuse to attend mandatory meetings where the employer communicates political or religious opinions. A key concern for local governments is the broad definition of "political," which encompasses issues related to elections,
political parties, legislation, regulation, and decisions to join or support political or labor organizations. While the bill’s intent—to prohibit employers from expressing inappropriate political opinions during mandatory meetings—is laudable, its broad language could inadvertently
encompass routine job duties of local government employees, such as analyzing state or federal regulations or attending board meetings where legislation is discussed. Despite only being reintroduced late in the session and facing strong opposition from local government advocates, SB 399 (Wahab) passed and now awaits the Governor's signature.
Artificial Intelligence Artificial intelligence (AI) has emerged as a complex and pressing issue for lawmakers, prompting
deliberations on the appropriate scope and extent of its regulation. The state has been grappling with the challenge of understanding AI in its entirety, including its potential benefits and the risks it may pose. Until July, the California Privacy Protection Agency had been considering advancing formal rulemaking to regulate automated decision-making technologies—a subset of AI that utilizes inputs to replace human discretionary judgment.
Both the Senate and Assembly have also undertaken efforts to legislate AI through individual bills and hearings. The Senate Judiciary Committee convened a hearing in December focused on the "Importance of Journalism in the Digital Age," examining the interactions between AI and news
reporting.
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Additionally, three of the four Assembly Informational Hearings held this year centered on AI-related topics. Several lawmakers have introduced legislation addressing various aspects of AI
regulation, reflecting growing concern and interest in ensuring responsible governance of this rapidly evolving technology. Those proposals included:
• AB 1831 by Assemblymember Marc Berman (D-Menlo Park) criminalizes the creation, distribution, and possession of AI-generated Child Sexual Abuse Material.
• AB 2877 by Assemblymember Rebecca Bauer-Kahan (D-Orinda) would have prohibited AI systems from using the personal information of children to train AI systems without affirmative authorization.
• AB 2930 by Assemblymember Bauer-Kahan would have imposed various regulations on the
use of “automated decision systems.”
• SB 1047 by Senator Scott Wiener (D-San Francisco) requires developers and trainers of powerful artificial intelligence models to put appropriate safeguards and policies into place to prevent harms. In August, a deal was cut between tech companies and Assemblymember Buffy Wicks (D-Oakland) that would dedicate more funding to local journalists and AI developers. The impetus
for this deal was a piece of Assemblymember Wicks’s legislation, AB 886, which would have required large internet platforms to pay a portion of their revenues to journalists as compensation
for using the journalists’ content on their own platforms and collecting advertising revenue. The deal includes $300 million allocated over five years to fund in-state newsrooms, but the settlement
also funds an “AI Innovation Accelerator” program to develop artificial intelligence initiatives. So far, the deal has received mixed reviews from the journalism world, some of whom are concerned about advancing AI that could replace journalism jobs in the future. Others are grateful for the
additional funding to in-state journalism.
Bonds
Pivoting away from impacting the state budget, ten different legislators introduced bills that would place general obligation (GO) bonds on the ballot to be approved or rejected by voters. AB 247 by Assemblymember Al Muratsuchi (D-Torrance) and SB 867 by Senator Ben Allen (D-Santa Monica) were the only two measures to make it out of the fray and are now Propositions 2 and 4, respectively, on the ballot. Prop 2 dedicates $10 billion for public school and community college facilities and Prop 4 issues $10 billion for various climate and environmental protection projects.
The deficit strained the Legislature’s capacity to authorize multiple bonds, so state lawmakers were forced to prioritize which bonds were to advance and how much should be financed by each proposed bond. By approving bonds for school facilities and environmental protection projects,
initiatives that would have funded higher education facilities, flood control, fentanyl prevention, and housing were put on hold. While housing is a top priority for the state, many were disappointed that a housing bond was not approved for the ballot.
The two bonds that will be on the November ballot, Propositions (Prop) 2 and 4, would still have
a significant impact on the state’s budget. The Legislative Analyst’s Office estimates the cost to
pay off Prop 2 would be $500 million per year for 35 years, and $400 million per year for 40 years for Prop 4 totaling $33.5 billion over the life of both bonds. Currently, the state is paying about $6 billion per year on debt service for existing bonds, so the drawdown on resources is substantial
when weighing which bonds to approve each year.
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The following is a breakdown of Props 2 and 4:
Proposition 2: Bonds for Public School and Community College Facilities
• $4 billion for the modernization of school facilities, with at least 10 percent being reserved for small schools and $115 million for testing/remediation of lead in water
• $3 billion for new construction of school facilities, with at least 10 percent being reserved for small school districts
• $1.5 billion for community college facilities
• $600 million for charter school facilities
• $600 million for career technical education programs Proposition 4: Bonds for Safe Drinking Water, Wildfire Prevention, and Protecting Communities and Natural Lands From Climate Risks
• $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
• $300 million for sustainable, climate-smart farms and working lands programs
• $1.2 billion for coastal resilience programs
• $700 million for park creation and outdoor access
• $850 million for clean air programs
• <$20 million for administrative costs
• Up to 10 percent of funds within each funding pot must be allocated to severely disadvantaged communities
Budget Following a couple of years of record surpluses driven by an infusion of federal funding, the state
took a turn and started 2024 in a deficit to the tune of approximately $37.8 billion. This immediately put the state legislature on notice of difficult decisions to come, and the Governor directed state agencies to freeze any new spending. After the tax filing deadline in April, the deficit continued to
grow as tax revenues came in lower than anticipated bringing the deficit to $46.8 billion. To balance the budget, the state largely leaned on reserves, deferrals, funding delays, and borrowing, and took Early Action in April to adjust spending levels. In June, the state passed a preliminary version of the budget after the Governor, Senate, and Assembly agreed on an overall budget plan that compiled input from the Department of Finance and Legislative Budget Subcommittees. At stake over the course of the budget negotiations was funding for core local government programs like Homeless Housing, Assistance and Prevention
(HHAP), Regional Early Action Planning (REAP), Active Transportation Program (ATP), and Multifamily Housing Program (MHP). These programs received some adjustments or cuts, however, were overall still maintained in the final budget, due in large part to the advocacy of local agencies. Based on updated revenue estimates and potential impacts on future spending that came in after
the budget was passed, the Legislature put together several trailer bills and budget bill “juniors” for routine implementation of the budget. These additional bills ranged in subject area from healthcare, energy, education, and natural resources, and some were passed as late as the last
day of Session. Despite revenue fluctuations and overall volatility, the state still met its constitutional obligation to pass a balanced budget.
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Energy
Income-Tiered Rate Policies and Regulations
The 2024 Legislative Session began with a focus on energy reform, including several proposals
to repeal provisions of AB 205 (2022). AB 205 had directed the California Public Utilities Commission (CPUC) to develop income-graduated fixed charges for energy bills for customers of Investor-Owned Utilities (IOUs). Under this measure, the CPUC was tasked with working
alongside IOUs to establish income-based rates, which were initially proposed to range from $24 per month for low-income earners to $128 per month for households earning $180,000 or more annually. The implementation of AB 205's provisions faced criticism from a range of stakeholders. Environmental groups argued that the proposed joint IOU plan did not sufficiently charge high-income earners their fair share. The solar industry, which relies on high electricity rates to justify the cost of rooftop solar installations, advocated for a shift toward time-differentiated rates to encourage flexible demand. Meanwhile, local agencies called for fixed rates to remain low, with substantial rebates offered to those who electrify by certain deadlines. These concerns led to multiple legislative proposals aimed at repealing AB 205 or introducing oversight measures to prevent future cost shifts. Among these were AB 1999 (Irwin), which sought to repeal the income-based rate escalator, and AB 1912 (Pacheco), which would have mandated a third-party actuarial review of all legislative proposals affecting energy ratepayers. These reviews would have needed to be completed and considered before any final vote.
Despite the momentum, both legislative proposals were set aside by leadership amid ongoing internal negotiations involving the Legislature, the Administration, and the CPUC. Concerns over high costs for ratepayers, passthrough provisions, and the potential need for IOUs to access
sensitive tax information to determine income levels ultimately led the CPUC to reject the original income-escalated charge proposal. Instead, a new structure was adopted, charging residential customers a flat rate of $24.15 per month, with a reduced rate of $6 to $12 for those enrolled in
low-income programs. This new rate was implemented by the CPUC in July.
Last Minute Rate Reduction and Clean Energy Bill Proposals
As previously mentioned, the final days of the 2024 Legislative Session featured the introduction of numerous late-breaking amendments that inserted new policy proposals into existing bill vehicles. Among these were six measures focused on addressing California’s clean energy challenges, specifically meeting mandates for clean, carbon-free energy and reducing some of
the nation’s highest electric bills.
The primary proposal targeting California’s escalating electric bills, AB 3121 (Petrie Norris), sought to provide each household with a modest, one-time credit ranging from $30 to $70. The estimated $500 million in savings would have been drawn from cuts to utility programs benefiting low-income residents and schools. Advocates for these programs argued that the proposed cuts
would disproportionately harm low-income Californians and children while offering only a minimal
reduction in ratepayers’ utility bills. This measure ultimately failed to pass before the end-of-session deadline.
Page 8
Another significant proposal, AB 3264 (Petrie Norris), mandates that the Public Utilities Commission study ways to reduce the costs associated with expanding transmission capacity
and report on energy efficiency programs funded through consumers’ utility bills. This bill successfully passed through the legislature under the tight deadline and is now awaiting the
Governor’s decision.
Other proposals within the late-breaking package that passed the legislative process included SB 1420 (Caballero), which aims to streamline hydrogen facility permitting, and SB 1142 (Menjivar),
which seeks to prevent power shutoffs for ratepayers with active payment plans. Two additional bills did not survive the legislative process, including SB 1003 (Dodd), which would have increased oversight of utility wildfire costs. In a statement to the press following the session's close, Senate Pro Tem Mike McGuire expressed his commitment to reintroducing more energy-related proposals next year to build upon the efforts of this package.
Housing and Land Use
RHNA Reform
As is typical of the Legislature in recent years, the 2024 Legislative Session was keenly focused on housing production and compliance with state housing laws. This included an analysis of the regional housing needs allocation (RHNA) process and improvements that could be implemented prior to the start of Cycle 7. In April, the California Department of Housing and Community Development (HCD) released its entitled California’s Housing Future 2040: The Next Regional Housing Needs Allocation (RHNA), outlining dozens of suggested reforms to improve the RHNA methodology, regional determination, and compliance process.
A series of bill proposals emerged during the session that aligned with the suggested reforms in the report. This included:
• AB 3093 (Ward), which creates two new income categories - Acutely Low Income (ALI) and
Extremely Low Income (ELI) - in the Regional Housing Needs Determination (RHND), Regional Housing Needs Allocation (RHNA), and Housing Element Law. Creating the ELI and ALI categories will require regions and local governments to develop targeted programs and
strategies in their housing elements that cater to the needs of Californians at the lowest end of the income spectrum, including homeless individuals and those at risk of homelessness. This bill drew strong support from the Governor. It passed the Legislature and is awaiting final
action.
• SB 7 (Blakespear) makes several technical changes to the regional housing needs determination (RHND) process conducted by HCD and the regional housing needs allocation process conducted by HCD or Councils of Governments (COGs). This measure passed the Legislature and is awaiting final action from the Governor. Other proposals geared toward reforming the RHNA process included AB 2485 (Carrillo), which would require HCD to convene and engage specified stakeholders to consider improvements to the process of determining the housing needs for each region. The bill would also require HCD to publish specified data and information on its website regarding the decision-making process used to determine regional housing needs. While this bill drew a wide array of support from local stakeholders, it was ultimately held in the second house appropriations committee.
Page 9
Builder’s Remedy
In addition to RHNA reforms, the Legislature this year turned its attention to refining the Builder’s Remedy, a provision within the 1982 Housing Accountability Act (HAA) that prevents local governments from denying housing developments that include 20 percent lower-income units,
even if the project does not conform to local zoning laws—provided the jurisdiction has not adopted a compliant housing element. Although several developers have attempted to invoke the
Builder’s Remedy in recent years, they have largely been unsuccessful.
During the session, lawmakers introduced several proposals aimed at clarifying and refining the
Builder’s Remedy, focusing on legal interpretation, timing, and specific parameters for development projects. These proposals include:
• AB 1886 (Alvarez): Clarifies that the Builder’s Remedy is triggered by a determination of noncompliance from the Department of Housing and Community Development (HCD). It also specifies that development standards apply only if the city is in compliance, and projects
remain eligible if the application was submitted while the city was non-compliant.
• AB 1893 (Wicks): Establishes guidelines regarding density, underlying zoning, and objective
standards that a development must meet to qualify for the Builder’s Remedy. It also reduces the required amount of affordable housing for a project to be eligible.
• AB 2023 (Quirk-Silva): Introduces a rebuttable presumption of invalidity for housing elements
deemed noncompliant by HCD, raising the burden of proof for jurisdictions seeking to
challenge or dismiss HCD’s noncompliance determination. Despite facing opposition from local agencies, all three bills successfully passed the Legislature and are now awaiting action from the Governor.
Coastal Land Use Coastal land use became a central focus during the 2024 Legislative Session, particularly around addressing regulatory misalignment between the Department of Housing and Community Development (HCD) and the California Coastal Commission (CC) regarding housing development in coastal areas. The Coastal Commission, working closely with coastal cities and counties, is responsible for planning and regulating land and water use in the Coastal Zone. Development in these areas typically requires a special coastal development permit (CDP), either
from the Commission or from local governments that have a certified Local Coastal Program (LCP). Currently, 73 percent of the Coastal Zone is governed by LCPs, allowing local governments to issue CDPs according to detailed planning and design standards. In jurisdictions
with certified LCPs, permitting decisions can be appealed to the Coastal Commission under specific circumstances.
This year, the Legislature sought to address tensions between housing production and coastal preservation, with both HCD and the Coastal Commission representing differing priorities. A key legislative goal was to align housing development efforts with the preservation values overseen by the Coastal Commission. Proposals included measures to increase housing density, synchronize housing element updates with local coastal plans, and clarify which agency holds ultimate regulatory authority in the development process.
Page 10
AB 2560 (Alvarez) addressed the intersection of the state’s Housing Density Bonus Law and coastal protections. The bill aimed to exempt projects taking advantage of Density Bonus
incentives, which allow developers to increase housing units in exchange for affordable housing, from Coastal Act requirements. This measure sparked significant debate around balancing housing needs with coastal environmental protections. A series of amendments from
environmental groups that authorized the Coastal Commission unilateral authority over developments within the coastal zone made the bill untenable. At the request of the author and with significant input from local agencies, the bill was held.
SB 1077 (Blakespear) focused on simplifying the development of accessory dwelling units (ADUs) in coastal areas. The bill initially required the Coastal Commission to assist cities and counties in updating their LCPs to streamline the permitting process for ADUs and junior ADUs, thereby promoting housing production while ensuring compliance with coastal regulations. However, significant cost concerns were raised by local governments related to the constant need to update
LCPs to accommodate the bill’s goals. Ultimately, the bill was amended to require HCD to provide technical guidance to local governments on how to streamline ADU permitting within the coastal zone. In addition, SB 951 (Wiener) sought to improve the process of appealing local jurisdiction approvals of coastal development permits. The bill clarifies the grounds for appealing local CDP decisions to the Coastal Commission and authorizes local governments to notify the Commission of final permit actions electronically, among other provisions aimed at enhancing transparency and efficiency. These legislative efforts underscore the complexity of managing coastal land use in California, as
policymakers strive to balance the state’s urgent need for housing with the imperative to protect its valuable coastal resources. It is anticipated that coastal land use issues will continue to emerge as a priority topic next session.
Fire Insurance
At the conclusion of the 2023 Legislative Session, the Governor and the Insurance Commissioner took significant action through an executive order and regulatory proceedings to enact changes
aimed at stabilizing California’s insurance market and retaining insurance companies in the state. This initiative focused on four key objectives: (1) Expanding insurance coverage in high-risk areas, (2) Modernizing the FAIR Plan to reintegrate members into the standard insurance market, (3) Updating rate review and filing timelines, and (4) Allowing the use of advanced catastrophic modeling tools.
The latest draft regulations, last revised at the beginning of the year, specify the requirements for insurance companies wishing to use forward-looking catastrophe models for setting rates. Under these draft regulations, insurers must either offer policies in high-risk areas that represent at least 85 percent of their statewide market share or increase the number of plans in these areas by 5 percent. Additionally, insurers are required to consider wildfire mitigation efforts implemented by policyholders.
A policy qualifies as being in a high-risk area if it is located in a county or ZIP code designated as distressed, undermarketed, and high-risk. A county is classified as "distressed" if more than 20
percent of its residential properties with fewer than five units are rated as “high” or “very high” risk by CAL FIRE. These designations will be reviewed and updated annually.
Page 11
The designated counties currently include Alpine, Amador, Butte, Calaveras, Del Norte, El Dorado, Humboldt, Lake, Lassen, Marin, Mariposa, Mendocino, Modoc, Mono, Monterey, Napa,
Nevada, Placer, Plumas, San Luis Obispo, Santa Cruz, Shasta, Sierra, Siskiyou, Tehama, Trinity, Tuolumne, and Ventura.
Following the release of these draft regulations, the Insurance Commissioner announced
additional amendments to the FAIR Plan, California’s insurance program designed to provide coverage to residents and businesses in both urban and rural areas who cannot secure insurance
through the standard market. These changes, part of an agreement between the Department of Insurance and the California FAIR Plan, include provisions for recouping losses by imposing
surcharges on residential and commercial insurance policies across the state in “extreme worst-
case scenarios.” Under the current framework, the FAIR Plan is responsible for paying claims once its reserves, reinsurance, and catastrophe bonds are depleted. The new agreement stipulates that, should these funds be exhausted, insurers will be required to cover up to $2 billion in FAIR Plan claims—$1 billion for residential and $1 billion for commercial policies. Insurers can then, with the
insurance commissioner’s approval, temporarily surcharge their policyholders for up to half of the amount assessed. It is important to note that homeowners will not be surcharged for commercial losses; only commercial policyholders will bear those costs. Additionally, insurers may surcharge policyholders for 100 percent of claims exceeding these amounts, pending the insurance
commissioner’s approval.
This restructuring of the FAIR Plan is a component of Commissioner Lara’s broader Sustainable
Insurance Strategy, a series of executive actions designed to stabilize California’s insurance
market. These actions come in response to the growing reluctance of insurers to issue new policies or renew existing ones, particularly in areas with high wildfire risks, due to the surge in wildfire-related claims.
As insurers have withdrawn from high-risk areas, the number of residential FAIR Plan policies has more than doubled since 2019, reaching approximately 408,000 as of June. Similarly, the
number of commercial policies under the FAIR Plan has increased to 11,026. The FAIR Plan will implement a Plan of Operation that includes the following:
• Expanded Coverage: Introducing a new “high-value” commercial coverage option with limits up to $20 million per building, alongside past increases for residential policies.
• Financial Stability: Establishing a sound financial formula to protect policyholders in extreme loss scenarios.
• Improved Transparency: Requiring enhanced public reporting on FAIR Plan activities and
customer service metrics. In alignment with the Administration's and Legislature's objectives, this regulatory process has advanced without intervening legislation during the 2024 Session. Various legislative proposals, including those seeking to increase oversight of insurance modeling tools and mandate consideration of home hardening practices for rate reductions, did not pass due to concerns that
they might disrupt market conditions and the ongoing regulatory process. This includes Senator
Becker’s SB 1060, which would have required insurers using risk models for underwriting to account for wildfire risk reductions achieved through hazardous fuel reduction, home hardening,
and defensible space. The bill would have also authorized the Department of Insurance to examine underwriting models for compliance and issue necessary orders.
Page 12
The Department of Insurance plans to adopt these regulations by the end of 2024. Issues
concerning coverage affordability and availability will likely be addressed through legislation in the coming year. LOOKING FORWARD The 2025-26 legislative session marks the start of a new two-year cycle, introducing a fresh slate
of bills and policy initiatives when lawmakers reconvene in January. This session will be particularly notable for significant leadership transitions, with over 25 percent of both legislative houses turning over as new freshman members take office. Additionally, the session will coincide with the final two years of Governor Gavin Newsom's administration, as his term concludes in 2026. Senate President Pro Tem Mike McGuire will also serve his final term under the same limits, initially expected to provide continuity until a longer-serving successor takes the reins. Below is an overview of the key issues and policy debates anticipated to dominate the 2025 session.
Budget Outlook
Leading into this year’s budget deficit, the Legislative Analyst’s Office (LAO) anticipated future structural shortfalls of about $30 billion per year until 2028. The LAO identified spending reductions and revenue (tax) increases as difficult decisions on the horizon. In an election year, tax increases were immediately off the table but could be considered in the future as a component of larger reforms or solutions. To increase state revenue without directly raising taxes, one tool the state used was a suspension of the net operating loss (NOL) deduction for California businesses until 2027. The business community has rallied to reinstate the NOL deduction, or at
least guarantee the suspension is not extended even more. Another target of reform is the State Appropriations Limit, colloquially known as the Gann Limit,
which institutes a cap on state and local spending intended to control the growth in year over year spending. Between the 2021-22 and 2022-23 budget years, the state faced issues with the Gann Limit as its spending plan exceeded the set limits, which resulted in additional qualified capital
outlay spending and taxpayer rebates as a solution to exclude spending from the appropriations limit. The Gann Limit has been considered a constraint on the state’s ability to make investments in its top priorities, so there have been minor reforms suggested by lawmakers and stakeholders.
A recent reform counted realignment revenues to local government against local governments’ limits, which freed up billions of dollars under the state’s limit. Broader reforms would have to go back to the ballot because the Gann Limit was created by Proposition 4 in 1979 and is enshrined
in the state’s Constitution.
The most recent cash receipts are 10 percent above the Budget Act forecast for July, and since April, General Fund agency cash receipts have been $4.2 billion above projections. The summer is not a particularly busy time for revenue collection, and with future deficits still anticipated the state will need more fiscal prudence over the next few years.
Cap-and-Trade Reauthorization
California’s Cap-and-Trade Program will reduce greenhouse gas (GHG) emissions by setting a firm cap on statewide GHG emissions from major sources, which is measured in metric tons of
carbon dioxide equivalent (MTCO2e). This cap will decline over time.
Page 13
Each covered entity (major polluter) is required to surrender one “permit to emit” for each ton of GHG emissions they emit. Some covered entities will be allocated some allowances and will be
able to buy additional allowances at auction, purchase allowances from others, or purchase offset credits.
The “cap” on GHG emissions that drive global warming is a firm limit on pollution. The cap gets
stricter over time. The “trade” part is a market for companies to buy and sell allowances that let them emit only a certain amount, as supply and demand set the price. Trading gives companies
a strong incentive to save money by cutting emissions in the most cost-effective ways. Money secured through the Cap-and-Trade Program goes to fund several programs, including large transportation programs. One of these programs is the Transit and Intercity Rail Capital
Program (TIRCP), which is the state’s most significant source of funding for large-scale public transit projects. Many transit operations and authorities are reliant on TIRCP for State Funding to help build their climate-friendly transit projects. Furthermore, many of these same operators and authorities NEED future funding commitments from TIRCP in the coming years to meet their Non-Federal cost share obligations, allowing them to stay in major federal funding programs such as
the Federal Transit Administration’s New Starts Program. Large transportation projects need reliable funding over many years as they take years (and sometimes decades) to complete. TIRCP is a five-year program in which the state estimates revenues over the next five years and plans how much each of those years it will be able to provide for each project. The out years comprise the new capacity for the program, so in 2026 the TIRCP program will have limited out-year revenues if Cap-and-Trade does extend beyond 2030.
If the Legislature and Governor’s Administration do not reauthorize the Cap-and-Trade program this year, there is the very real possibility of California losing out on tens of billions of federal
dollars. The Governor has committed to tackling the reauthorization before the end of his term in 2026. It is likely the conversations will begin next year as the negotiations may take some time to reach a compromise.
Community Reinvestment Pending official scheduling, the Assembly Committee on Community Reinvestment, Chaired by Assembly Member Papan (D-San Mateo), will hold an informational hearing during the
Legislature’s interim recess to discuss the dissolution of redevelopment, existing local revenue financing tools, and ideas to build upon efforts to create a more equitable system wherein local governments can keep pace in meeting state housing goals and development needs without
relying solely on state subsidies. While the specific details of policy reform proposals are still in the works, the hearing signifies a will from the legislature to create and improve revenue-generating regimes at the local level.
Fire Insurance
The public comment period is officially open for CDI’s proposed regulations to allow insurers to use forward-looking “catastrophe modeling” when setting rates, as opposed to using data from historical losses. This model is intended to provide more accurate pricing for insurance rates and
has been advocated by insurance companies and the Insurance Commissioner who both cite climate change as a significant risk for more wildfires.
Page 14
Another set of recently implemented reforms for the insurance market will streamline the
department’s rate approval process that currently lacks clarity and often slows down new rate
requests. The new process will bring transparency and consistency in the rate filing process, which will also demand complete rate filings from insurance companies and good faith from intervenors.
Next, CDI will hold a public hearing on the catastrophe modeling regulations on September 17 and plans to enact the new regulations in December. Also on September 17, the Assembly
Insurance Committee will hold an Oversight Hearing in Los Angeles for updates on the progress
of CDI’s Sustainable Insurance Strategy. The Legislature will stay acutely involved in reforming
California’s insurance market. A proposed trailer bill to expedite insurance rate filings failed to pick up traction and CDI pivoted to the regulatory process, but there will certainly be more legislative action from individual members. So far in 2024, wildfires have burned over 800,000 acres and damaged or destroyed over 1,200 structures. An active wildfire season is a key indicator of legislative activity the following year. Proposals that failed to pass this year will also likely be reintroduced as a starting point for legislative negotiations in early 2025.
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 347 Ting [D]Current law prohibits juvenile products, textile articles, and food packaging that
contain specified levels of perfluoroalkyl and polyfluoroalkyl substances
(PFAS) from being distributed, sold, or offered for sale in the state, as provided. This bill would require the Department of Toxic Substances Control,
on or before January 1, 2026, to adopt regulations for the enforcement of
those prohibitions on the use of PFAS. The bill would require manufacturers of these products, on or before July 1, 2026, to register with the department, to pay a registration fee to the department, and to provide a statement of
compliance certifying compliance with the applicable prohibitions on the use of
PFAS to the department, as specified. The bill would authorize the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. The bill would authorize or
require, as specified, the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided.
Currently on the
Governor's Desk
Watch State Priorities: Monitor state legislation as well as State Water Resources
Control Board (SWRCB) regulatory activity related to PFAS.
ACC-OC - NYC
LOCC - NYC
CASA - NYCCSDA - NYC
ACWA - NYC
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
Governor's Desk
Watch Legislative and Regulatory Policies: Special Districts - Oppose further state
regulations that adversely
impact special district financing, operations, and administration.
ACC-OC - NYC
LOCC - WatchCASA - Work With Author
CSDA - Oppose Unless AmendedACWA - 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.
Dead
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 - NYCLOCC - Support if
Amended
CASA - Support if AmendedCSDA -Support if
AmendedACWA - Support if Amended
Proposed Legislation 2024
High Priority
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
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 on the Governor's Desk Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely impact special district financing, operations, and
administration.
ACC-OC - NYCLOCC - Oppose
Unless Amended
CASA - Neutral as AmendedCSDA - Oppose
ACWA - Watch
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 on the
Governor's Desk
Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely
impact special district financing, operations, and administration.
ACC-OC - NYC
LOCC - NeutralCASA - SupportCSDA - Support
ACWA - Sponsor
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
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 on the Governor's Desk Support State Priorities: Monitor
state legislation as well as State Water Resources Control Board (SWRCB)
regulatory activity related to
PFAS.
ACC-OC - NYCLOCC - Watch
CASA - Support
CSDA - WatchACWA - NYC
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 on the Governor's Desk Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state regulations that adversely impact special district
financing, operations, and
administration.
ACC-OC - NYCLOCC - Watch
CASA - Watch
CSDA - Oppose Unless Amended
ACWA - NYC
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
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.
Dead 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 - NYCLOCC - Oppose
CASA - Oppose
CSDA - OpposeACWA - Not Favor
AB 2561 McKinnor [D]The Meyers-Milias-Brown Act (act) authorizes local public employees, as defined, to form, join, and participate in the activities of employee
organizations of their own choosing for the purpose of representation on
matters of labor relations. The act requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other
terms and conditions of employment with representatives of recognized
employee organizations and to consider fully presentations that are made by the employee organization on behalf of its members before arriving at a determination of policy or course of action. This bill would, as specified,
require a public agency to present the status of vacancies and recruitment and
retention efforts at a public hearing at least once per fiscal year, and would entitle the recognized employee organization to present at the hearing. If the number of job vacancies within a single bargaining unit meets or exceeds 20
percentage of the total number of authorized full-time positions, the bill would require the public agency, upon request of the recognized employee organization, to include specified information during the public hearing.
Currently on the Governor's Desk 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 - NYCLOCC - Oppose
CASA - Oppose
CSDA - OpposeACWA - 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 - NYCCSDA - SupportACWA - NYC
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
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.
Dead 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 - NYCLOCC - Watch
CASA - Watch
CSDA - WatchACWA - NYC
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 - NYCCSDA - WatchACWA - 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 - NYCCASA - Support, if amended
CSDA - Oppose
Unless AmendedACWA - 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 3percentage 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 percentage of the moneys in the fund be used for water projects, as specified, and that the other 50percentage of the moneys in the fund be used for forest maintenance and health projects, as
specified.
Dead Watch Guiding Priorities: Obtain financial assistance for OC
San projects through grants,
loans, and legislative directed funding.
ACC-OC - NYC
LOCC - NYCCASA - NYCCSDA - Watch
ACWA - NYC
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
SB 399 Wahab [D]The Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 provides that it is the policy of the state to encourage and protect the
right of agricultural employees to full freedom of association, self-organization,
and designation of representatives of their own choosing to negotiate the terms and conditions of their employment, and to be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation
of such representatives, self-organization, or other concerted activities for the
purpose of collective bargaining or other mutual aid or protection. Other existing law relating to employment prohibits employers from making, adopting, or enforcing rules, regulations, or policies that forbid or prevent
employees from engaging or participating in politics or from becoming candidates for public office, and from controlling or directing, or tending to control or direct, the political activities or affiliations of employees. This bill,
except as specified, would prohibit an employer from subjecting, or threatening
to subject, an employee to discharge, discrimination, retaliation, or any other adverse action because the employee declines to attend an employer-sponsored meeting or affirmatively declines to participate in, receive, or listen
to any communications with the employer or its agents or representatives, the
purpose of which is to communicate the employer’s opinion about religious or political matters and would require an employee who refuses to attend a
meeting as described to continue to be paid, as specified. The bill would
impose a civil penalty of $500 on an employer who violates these provisions.
Currently on the Governor's Desk 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 - NYCLOCC - Oppose
CASA - Oppose
CSDA - OpposeACWA - Not Favor
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.
Passed. On the November 2024 Ballot Watch Guiding Priorities: Obtain
financial assistance for OC San projects through grants, loans, and legislative
directed funding.
ACC-OC - NYCLOCC - Support if
Amended
CASA - Support if AmendedCSDA - 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 - NYCLOCC - Support
CASA - Sponsor
CSDA - WatchACWA - Favor
SB 937 Wiener [D]The Mitigation Fee Act regulates fees for development projects, fees for
specific purposes, including water and sewer connection fees, and fees for solar energy systems, among others. The act, among other things, requires local agencies to comply with various conditions when imposing fees,
extractions, or charges as a condition of approval of a proposed development
or development project. The act prohibits a local agency that imposes fees or charges on a residential development for the construction of public improvements or facilities from requiring the payment of those fees or charges
until the date of the final inspection or the date the certificate of occupancy is
issued, whichever occurs first, except for utility service fees, which the local agency is authorized to collect at the time an application for utility service is
received. The act exempts specified units in a residential development
proposed by a nonprofit housing developer if the housing development meets certain conditions. This bill would limit the utility service fees exception described above to utility service fees related to connections, and cap those
fees at the costs incurred by the utility provider resulting from the connection
activities.
Currently on the
Governor's Desk
Veto
requested 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 AmendedCASA - Oppose
Unless Amended
CSDA - Oppose Unless AmendedACWA - Watch
SB 972 Min [D]Current law requires the State Air Resources Board to approve and begin
implementing a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state and to achieve a reduction in specified emissions, including methane, as provided. Current law requires the methane
reduction goals to include a 75 percentage reduction target from the 2014
level by 2025. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state 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.
Currently on the
Governor's Desk
Watch Legislative and Regulatory
Policies: Special Districts - Oppose further state regulations that adversely
impact special district
financing, operations, and administration.
ACC-OC - NYC
LOCC - SponsorCASA - SupportCSDA - Watch
ACWA - NYC
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
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.
Signed into law Support Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely impact special district financing, operations, and
administration.
ACC-OC - NYCLOCC - Support
CASA - Watch
CSDA - SupportACWA - 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 Governor's Desk Support Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely impact special district financing, operations, and
administration.
ACC-OC - NYCLOCC - Watch
CASA - Support
CSDA - SupportACWA - Favor
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 on the
Governor's Desk
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 - NYCCASA - Oppose Unless Amended
CSDA - Oppose
Unless AmendedACWA - Watch
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
SB 1210 Skinner [D]Current 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
estimated fees for typical service connections 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 a utility with fewer than 4,000 service connections that does not
establish or maintain an internet website due to a hardship and would
authorize the utility to establish that a hardship exists by annually adopting a resolution that includes detailed findings, as provided.
Currently on the Governor's Desk Oppose Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely impact special district financing, operations, and
administration.
ACC-OC - NYCLOCC - Watch
CASA - Neutral, as
AmendedCSDA - WatchACWA - Watch
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 of Toxic Substances Control 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 A 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, instead 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 the
practical quantitation limit, as determined by the department. 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, and would authorize
the department or the Attorney General to enforce the prohibitions and requirements, as specified. 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 on the Governor's Desk Watch State Priorities: Monitor
state legislation as well as
State Water Resources Control Board (SWRCB) regulatory activity related to
PFAS.
ACC-OC - NYCLOCC - WatchCASA - Watch
CSDA - NYC
ACWA - NYC
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
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 - NYCLOCC - Support
CASA - Watch
CSDA - SupportACWA - Favor
SB 1420 Caballero [D]The California Environmental Quality Act (CEQA) requires preparation of
specified documentation before a public agency approves or carries out certain projects. Current law authorizes the Governor to certify energy infrastructure projects meeting specified requirements for streamlining benefits
related to CEQA. Current law defines “energy infrastructure project” for these
purposes to include eligible renewable energy resources under the California Renewables Portfolio Standard Program, excluding resources that use
biomass fuels. Current law expressly excludes from that definition of “energy
infrastructure project” any project using hydrogen as a fuel. This bill would
instead exclude from the definition of “energy infrastructure project” for purposes of the CEQA streamlining benefits eligible renewable energy
resources under the California Renewables Portfolio Standard Program that
combust, rather than use, biomass fuels. The bill would include hydrogen production facilities and associated onsite storage and processing facilities that do not derive hydrogen from a fossil fuel feedstock and that receive
funding from specified state and federal programs within the definition of
“energy infrastructure project.
Currently on the
Governor's Desk
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 AmendedCASA - Support
CSDA - NYC
ACWA - NYC
Legend:ACC-OC - Association of California Cities, Orange County
LOCC - League of California CitiesNYC - Not Yet ConsideredCASA - California Association of Sanitation Agencies
ACWA - Association of California Water Agencies
CSDA - California Special Districts Association
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: August 30, 2024 SUBJECT: Local Legislative Report
The month of August was marked by the close of the filing period for candidates running for election in November at all levels of government. Following is a few of the more notable developments and issues of the month:
• A number of elected officials representing OC San member agencies are either
termed out or have chosen not to seek reelection in November. The list includes
Supervisor Andrew Do (OC Board of Supervisors); Directors Brett Eckles (CMSD) and Karen McLaughlin (IRWD); Councilmembers Jose Diaz and Steve Faessel (Anaheim); Councilmember Art Brown (Buena Park); Councilmember Bruce Whitaker (Fullerton); Mayor Steve Jones and Councilmembers Kim Nguyen,
Stephanie Klopfenstein and John O’Neill, with the latter two running for Mayor
(Garden Grove); Mayor Farrah Khan and Councilmember Tammy Kim, the latter of whom is running for Mayor (Irvine); Councilmember Marshall Goodman (La Palma); Mayor Will O’Neill and Councilman Brad Avery (Newport Beach), Councilmember Rhonda Shader (Placentia); Mayor Thomas Moore and
Councilmember Shelly Sustarsic (Seal Beach); Mayor pro Tem Carol Warren
(Stanton); Councilmembers Letitia Clark and Becky Gomez (Tustin); and Councilmember Kimberly Ho (Westminster).
• County of Orange Chief Financial Officer Michelle Aguirre continues to serve as interim Chief Executive Officer for the County of Orange. The Board of Supervisors meets next on Tuesday, September 10.
• In addition to these various elected offices, a number of cities countywide, in the face of significant structural budget deficits, have placed local sales tax measures on the November ballot. The Orange City Council placed a one-half cent local sales
tax measure before voters in the city, and voters in Seal Beach and Buena Park will consider one cent sales tax measures in their cities. The San Clemente City Council also voted to place a one-half cent measure before its voters to address the costs of sand replenishment along the city’s coastline.
2
• The County of Orange finalized the Draft Preliminary Climate Action Plan (CAP),
which is slated to come before the Board of Supervisors in September. More
information about the CAP may be found here - Title (oclandfills.com). 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. We also monitored activities at the
South Coast Air Quality Management District, including the ongoing consideration of Proposed Rule 1405, which will impact wastewater treatment facilities. It is a pleasure to work with you and to represent the Orange County Sanitation District.
Sincerely,
Peter Whittingham
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: September 30, 2024
SUBJECT: Local Legislative Report
The month of September was marked by a week-long heat wave and wildfires that burned
tens of thousands of acres and stretched resources at dozens of agencies. Following is a
few of the more notable developments and issues of the month:
• The Orange County Board of Supervisors received a presentation of its Preliminary
Climate Action Plan, which provides a base document for the continuation of
development of the final Climate Action Plan and a status update on progress made
during the last six months. The report includes input received during seven forums
held throughout the County, from the formal public review and comment period,
from stakeholders and from internal departments. Measures contained within the
document will be further evaluated to determine specific emission reductions and
cost-effectiveness and the document will also go through a full evaluation under
the California Environmental Quality Act (CEQA) with the goal of reducing the
cost and time associated with the process on a project-by-project basis.
• National Public Radio (NPR) profiled the Yorba Linda Water District and its PFAS
treatment plant, noting it is the largest of its kind in the United States, surpassing
the City of Anaheim’s facility for that distinction. The NPR report quoted Board
members and Todd Colvin, chief water system operator for the district, and
highlighted that every gallon of water pumped from the district’s wells now passes
through a few of the 22 polymer bead-filled tanks at the site for treatment before
going to the homes and businesses of the 80,000 residents YLWD serves.
• Several cities are considering membership in the Orange County Power Authority
(OCPA), the community choice energy joint powers authority which has served the
cities of Buena Park, Fullerton, and Irvine for the past two years. The Costa Mesa
City Council voted this summer to release its energy usage data to the JPA, which
saw original members Huntington Beach and the County of Orange withdraw last
year, and the Fountain Valley City Council directed its staff in early September to
prepare the necessary documentation and resolution to have OCPA provide services
to its residents and businesses. OCPA was recently recognized for having the
second highest “green power” sales in the country.
2
• The Orange County Board of Supervisors voted unanimously to censure First
District Supervisor Andrew Do. The Board’s action comes amidst federal
investigation into the County’s allocation of several million dollars to a non-profit
organization that has failed to provide an accounting of expenditure of the funds
and at which the Supervisor’s daughter was employed.
• In the ongoing response to public outcry over alleged corruption within local
government, the City of Anaheim introduced its first Ethics Officer, who will
oversee issues related to potential conflicts of interest, and the Irvine City Council
voted to substantially tighten its lobbyist registration program, revising the
definition of and threshold for lobbyists working in the city.
As part of our scope of work, Whittingham Public Affairs Advisors (WPAA) has
monitored the various City Council agendas of each of the agency members and
highlighted issues and items of relevance to OC San. We also monitored activities at the
South Coast Air Quality Management District, including the ongoing consideration of
Proposed Rule 1133.3, which will seek to reduce VOC and ammonia emissions from green
waste and organics composting.
It is a pleasure to work with you and to represent the Orange County Sanitation District.
Sincerely,
Peter Whittingham
Contact: Jessica Gauger jgauger@casaweb.org (916) 335-8001
Danielle Blacet dblacet@cmua.org (916) 847-8444
Floor Alert: OPPOSE: SB 937 (Wiener): Development projects: fees and
charges.
Public water and wastewater agencies are opposed to newly amended SB 937 (Wiener),
which could create a new and conflicting legal standard for water and sewer connection
and capacity fees and place the burden of cost for serving new development on existing
ratepayers.
• Substantive amendments taken on August 22nd are inconsistent with amendments
negotiated with water and wastewater agencies in the spring while the bill was in
the Senate.
• The newly amended bill would create a new and conflicting legal standard for the
collection of water and sewer connection and capacity fees and place this new
standard in a different, inappropriate section of the Government Code.
• The new amendments could be interpreted to only allow fees to be collected in
advance for connecting residences to water distribution or sewer collection systems
with no certainty that water and wastewater agencies could recover other costs
associated with serving the new development including recovering proportional
costs for other necessary existing and new infrastructure.
• As amended SB 937 could result in public water and wastewater agencies having to
pass the costs of new development onto existing ratepayers of the system which
violates constitutional provisions, creating significant legal liabilities and potentially
leading to rate increases to cover costs that would disproportionately impact low-
income customers.
• SB 937 erodes longstanding legal precedent that holds connection and capacity
fees are fees for service, distinct from other types of development impact fees and
if enacted would create significant uncertainty and liabilities for public water and
wastewater agencies.
For these reasons California water and wastewater agencies urge a
“NO” vote on SB 937.
F
2025 Legislative and Regulatory Plan
2
Table of Contents
Legislative & Regulatory Affairs Team ................................................................................................................................... 3
Introduction ........................................................................................................................................................................... 4
Procedures for Establishing an OC San Position .................................................................................................................... 4
Guiding Priorities .................................................................................................................................................................... 5
Federal Priorities .................................................................................................................................................................... 5
State Priorities ........................................................................................................................................................................ 7
Appendix ................................................................................................................................................................................ 9
Federal Tactics.................................................................................................................................................................. 10
State Tactics ..................................................................................................................................................................... 12
Legislative and Regulatory Policies .................................................................................................................................. 15
Legislative and Regulatory Process Flow Chart ................................................................................................................ 25
3
Legislative & Regulatory Affairs Team
OC San Legislative Advocacy Team
Rebecca Long
Senior Public Affairs Specialist
(714) 593-7444 rlong@ocsan.gov
Kelly Newell
Public Affairs Specialist
(714) 593-7102 knewell@ocsan.gov
Jennifer Cabral
Director of Communications
(714) 593-7581 jcabral@ocsan.gov
Daisy Covarrubias
Public Affairs Supervisor
(714) 593-7119 dcovarrubias@ocsan.gov
Rob Thompson
General Manager
(714) 593-7110 rthompson@ocsan.gov
Federal Advocacy Team
Eric Sapirstein
ENS Resources
(202) 466-3755 esap@ensresources.com
Sarah Sapirstein
ENS Resources
(202) 466-3755 ssap@ensresources.com
David French
ENS Resources
(202) 466-3755 dfrench@ensresources.com
State Advocacy Team
Cori Takkinen
Townsend Public Affairs
(949) 399-9050 ctakkinen@TownsendPA.com
Eric O’Donnell
Townsend Public Affairs
(949) 399-9050 eodonnell@TownsendPA.com
OC San Regulatory Advocacy Team
Lan Wiborg, Director of Environmental
Services
(714) 593-7450 lwiborg@ocsan.gov
Mark Kawamoto, Environmental Protection
Manager
(714) 593-7424 kawamoto@ocsan.gov
Tom Meregillano, Environmental Protection
Manager
(714) 593-7457
tmeregillano@ocsan.gov
Sam Choi, Environmental Protection Manager (714) 596-7497 schoi@ocsan.gov
Administration Committee
Ryan Gallagher Board Chairman City of Tustin
Jon Dumitru Board Vice-Chairman City of Orange
Christine Marick Chair City of Brea
Glenn Grandis Vice-Chair City of Fountain Valley
Chad Wanke Member-At-Large City of Placentia
Brad Avery Member-At-Large City of Newport Beach
John Withers Member-At-Large Irvine Ranch Water District
4
Rose Espinoza Member-At-Large City of La Habra
Farrah Khan Member-At-Large City of Irvine
Jordan Nefulda Member-At-Large City of Los Alamitos
Andrew Nguyen Member-At-Large Midway City Sanitary District
Robbie Pitts Member-At-Large City of Villa Park
David Shawver Member-At-Large City of Stanton
Introduction
The Orange County Sanitation District (OC San) recognizes the need for an active local, state, and federal
legislative and regulatory advocacy program at the local, state, and federal levels. This program ensures that the
interests of the ratepayers and the Board of Directors (Board) are effectively represented and supported. The
legislative and regulatory team actively engages, pursues, and monitors activities in California and Washington,
D.C. and takes appropriate action to align these with OC San’s goals.
Annually, the Board adopts a Legislative and Regulatory Plan that is a summary of OC San’s goals, key issues, and
policy positions. The legislative and regulatory policies in this document were developed to take into
consideration OC San’s priorities, specifically for the wastewater industry and policy needs. These Board-approved
policies serve as OC San’s official positions of support or opposition on issues of importance to the agency. The
Legislative and Regulatory Plan is a dynamic document, adopted and modified annually to ensure it meets the
everchanging local, state and federal policy changes.
Consistent with the Legislative and Regulatory Plan, the legislative and regulatory team may draft position letters,
advocate on behalf of OC San, and/or comment on proposed legislation and regulations.
Procedures for Establishing an OC San Position
1.The Legislative and Regulatory team will track bills and proposed regulations of greatest interest to OC San,
particularly those that align with the goals and objectives identified by the Board of Directors and
referenced in this plan. Staff will monitor bills and proposed regulations being watched by similar agencies
within our region (Los Angeles County Sanitation Districts, South Orange County Water Authority, Orange
County Water District, Irvine Ranch Water District, Municipal Water District of Orange County, etc.) as well
as state, federal, and national associations such as California Association of Sanitation Agencies
(CASA), Clean Water SoCal (CWSC), California Special Districts Association (CSDA), Association of California
Water Agencies (ACWA), Association of California Cities Orange County (ACC-OC), League of California
Cities (LOCC), and National Association of Clean Water Agencies (NACWA).
2.For those bills and proposed regulations that are being tracked and where there is clear policy direction
stated in the current Legislative and Regulatory Plan, the Public Affairs and Regulatory team may send
comment letters to legislators and regulators and give direction to the lobbyists to advocate that position.
3.As a first step, when the Regulatory Affairs team is considering issuing a comment letter on proposed
regulations, the team will first review the Board-approved criteria established in the current Legislative
and Regulatory Plan. If the proposed position meets the established criteria, the team will work with the
member associations to ensure a unified voice. When appropriate, the member association(s) will take the
lead and advocate on our behalf. Otherwise, a comment letter will be submitted from OC San directly.
This will be decided by both the Regulatory Affairs team with input from the Public Affairs Office.
Additionally, the Regulatory Affairs team will work directly with OC San’s Director of Communications and
management as appropriate when crafting an official comment letter.
5
4. When a legislative issue is not time-sensitive, the legislative letter will be hand-signed by the Board
Chairman or Vice-Chairman. If a legislative or regulatory matter is urgent, Legislative and Regulatory team
may use the electronic signature, so long as a clear policy direction exists, and approval is secured from
the General Manager, or Designee.
5. When a bill does not fall within the scope of the Legislative and Regulatory Plan or is a controversial issue,
staff will seek direction from the Steering Committee.
6. If a bill does not fall within the scope of the Legislative and Regulatory Plan, but the ACC-OC, CASA, CWSC,
CSDA, and/ or NACWA has adopted a unified position, staff may follow this position and inform the
Legislative and Public Affairs Committee of such action at the next regularly scheduled meeting.
Guiding Priorities
• Oppose redundant regulatory and legislative requirements that cause undue constraints on efficient
operations;
• Support legislative and regulatory streamlining that promotes affordability, public health, and environmental
protection;
• Maintain local control over governance of special districts and other local entities;
• Obtain financial assistance for OC San projects through grants, loans, and legislative-directed funding.
Federal Priorities
• Funding/Finance
o Advocate for national infrastructure program that includes wastewater infrastructure needs.
o Advocate for fully authorized federal water infrastructure funding of existing programs in addition
to national infrastructure initiatives including, but not limited to, Clean Water Act State Revolving
Fund (SRF), Water Infrastructure Finance and Innovation Act (WIFIA), Smart Water Infrastructure
Grants, and Water Recycling. Additionally, advocate for federal support assistance for workforce
training.
o Secure competitive and direct federal grant assistance in support of resilient infrastructure,
renewable energy, biosolids management, and water and organic management recycling projects
assistance.
o Monitor and obtain federal grants for funding of traditional wastewater treatment needs,
alternative renewable energy, bioenergy, water recycling, biosolids beneficial use, and
environmental protection.
o Support development of infrastructure policies and legislation that will close funding gaps and
encourage direct grant assistance in support of projects and programs addressing resiliency needs
that protect OC San infrastructure investments from natural disasters.
o Work in support of CERCLA PFAS liability exemption for water sector. Support legislation, policies,
and regulations that offer to provide below-market bonding rate assistance to construct treatment
facilities including credit assistance including Municipal Facility Assistance, and infrastructure
banks. Focus should include modernizing wastewater treatment facilities. This should include
energy and water use efficiency as well as sustainable energy recovery technologies.
o Secure federal support of OC San’s capital project needs to aid in the budget decision making
process for the coming fiscal year.
o Promote restoration of federal deductibility of state and local tax payments and oppose elimination
6
or restriction on the use or availability of tax-exempt financing for public infrastructure.
o Support legislation to revise the SRF allocation formula to allow for appropriate and fair share of
funding to California that is consistent with the EPA’s Review of the Allotment of the Clean Water
State Revolving Fund (CWSRF) study (20 percent increase in share).
o Support removal of private activity Bond State Volume Cap as part of the national infrastructure
initiative on water and wastewater facilities to allow for innovative financing approaches.
• Innovative Technology
o Work with Congress and the EPA to enhance the WaterSense Program to increase the use of
energy and water use efficiency technologies at OC San while protecting against potential
increasing treatment costs related to the program’s rulemaking.
o Work with Congress to authorize and fund direct assistance to support innovative technology
adoption.
• Contaminants of Emerging Concern
o Support the reduction/elimination of Contaminants of Emerging Concern (CEC) such as Per- and
polyfluoroalkyl substances (PFAS), microplastics, pharmaceuticals and personal care products
(PPCPs), pesticides and endocrine disrupting chemicals (EDCs)) within consumer and commercial
products.
o Recognition of a PFAS/CEC baseload that originates from non-industrial sources that are immune
from local, state, and federal source control/ pretreatment regulations.
o Work with Congress to advance federal assistance to support the treatment of forever chemicals
and to protect public agencies from liability for per- and polyfluoroalkyl substances (PFAS) presence
in biosolids, wastewater, and air.
o Manufacturers of PFAS chemicals to provide a funding stream for federal grants and low-interest
loans to agencies that are impacted.
o Support regulations or legislation that limit or ban the creation, formulation, and general use of
PFAS constituents.
o Oppose regulations or legislation that would place responsibility for addressing PFAS as a class of
constituents on water sector.
o Secure liability exemption for wastewater agencies from liability under CERCLA as a result of
hazardous substance designation.
o Preserve land application of biosolids based upon science justified standards under Section 503.
CECs.
o Work with the EPA on emerging regulatory issues of concern including integrated planning, method
development, monitoring effluent limitations and guidelines, and Contaminants of Emerging
Concern including, but not limited to, PFAS, microplastics, and methylene chloride.
o Support legislation that will eliminate non-essential PFAS uses to reduce and mitigate PFAS in
everyday consumer goods.
• NPDES/Permitting
o Advocate to authorize EPA to provide NPDES permits terms for a period of up to 10 years and to retain
a five-year administrative extension authority.
o Support streamlining of the Clean Water Act permitting processes.
• Environment/Climate Resiliency
o Work with OC San’s congressional delegation and administration officials to advance funding of
resiliency needs, including impacts associated with sea level rise, climate change, and natural
disasters, such as wildfires, which could affect our utility grid and cause power outages.
7
o Also, seismic events, drought, and general resiliency planning that would support OC San’s water
recycling, conservation, and other resiliency projects.
• Source Control
o Support implementation of policies to label wipes as non-flushable/non-dispersible.
o Advocate for federal policies that minimize regulatory burdens imposed upon communities and
public agencies that seek to adopt programs for the giveback of pharmaceuticals that will result in
the reduction of disposal of pharmaceuticals through wastewater treatment facilities. Additionally,
OC San will advocate for federal funding of programs currently authorized that support the
development of pharmaceutical management programs including education.
o Monitor legislation and regulations that limit PFAS in industrial wastewater.
State Priorities
• Funding/Finance
o Secure funding through grants and legislation for infrastructure, collection improvements, and
alternative renewable energy at the Fountain Valley, Plant No. 1 and Huntington Beach, Plant No. 2.
o Promote a regional distribution/statewide equity approach to the disbursement of SRF monies.
o Oppose legislation or any regulations that would mandate volumetric pricing of wastewater.
o Actively protect the allocation of local property taxes to special districts in the state budget
process.
o Monitor legislation that affects capacity and connection fees for accessory dwelling units or single-
family residences.
o Support legislation that would encourage or develop bulk energy storage facilities as well as
legislation that would provide funding for long-term energy storage.
o Obtain funding for projects that meet the State’s goals of expanded water supply, energy
reduction, and renewable energy implementation.
o Where appropriate, obtain State funding for critical aging infrastructure, through funding sources
made available through any agency including, but not limited to, the State Water Resources Control
Board (SWRCB), California Air Resources Board (CARB), and the Department of Water Resources
(DWR).
o Support funding through grants and legislation for a Food Waste/Organic Co-Digestion facility.
o Monitor pension reform legislation for clean-up bills and relevant proposed regulations.
o Support legislation that would supersede the Kaanana decision by limiting prevailing wage
requirements for utilities to construction contracts.
o Support targeted funding through grants and legislation for zero and near zero emission vehicles and
the supporting infrastructure required for zero emission vehicles.
o Monitor and support funding for PFAS prevention, cleanup, collection, and disposal programs.
• Contaminants of Emerging Concern
o Support regulations and legislations that abide by the ‘producer pays’ principle when allocating
clean up responsibility and enable cost recovery.
o Oppose regulations or legislation that puts responsibility of addressing PFAS as a class of
constituents on public treatment plants.
o Monitor state legislation as well as the SWRCB and CARB on regulatory activity related to PFAS.
o Work with legislators to address concerns stemming from Mobile Persistent Bioaccumulative Toxic
substances (MPBTs) such as PFAS.
o Support legislation that will eliminate non-essential PFAS uses to reduce and mitigate PFAS in
everyday consumer goods.
• Environment/Climate Resiliency
o Support and participate in Integrated Regional Water Management planning efforts in the Santa
8
Ana River watershed.
o Oppose restrictive and redundant regulatory requirements for biosolids.
o Support the creation of a Statewide Organics Management Plan that includes the beneficial reuse
of biosolids, education, market expansion activities, and mandates to buy-back compost and other
organics diverted from landfills.
o Support efforts to reform the California Environmental Quality Act (CEQA) to streamline current
procedures and regulations for projects to refurbish or replace existing infrastructure facilities.
o Actively monitor the Little Hoover Commission hearings and reports related to climate change
adaptation, special districts, and other topics as it relates to OC San.
• Water Reuse
o Oppose legislation that would directly or indirectly impair GWRS’s ability to effectively recycle all
reclaimable flows.
o Support the inclusion of recycled water credits during the continued development and
implementation of long-term water conservation legislation and regulations.
o Monitor legislation and regulations on direct potable water reuse such as GWRS and/or other
potential DPR-related issues (e.g., Direct Potable Reuse Regulations (SBDDW-23-001)).
• Source Control
o Support legislation and/or regulations that restrict the non-essential use of microplastics and
contaminants of emerging concern in any product that is disposed or has the potential to be
introduced into the sanitary sewer system.
o Support the reduction/elimination of Contaminants of Emerging Concern (CEC) such as
Per- and polyfluoroalkyl substances (PFAS), microplastics, pharmaceuticals and personal care
products (PPCPs), pesticides and endocrine disrupting chemicals (EDCs)) within consumer and
commercial products.
o Support legislation or regulations that discourage the flushing of wipes through the sewer system,
unless they meet certain performance standards.
o Monitor legislation and regulations that limit PFAS in industrial wastewater.
• Local Government
o Support the State’s efforts to increase the effectiveness and efficiencies of Local Agency Formation
Commissions.
o Oppose state mandates, regulations, or legislation that set, alter, or otherwise modify the
governance structure of special districts, joint powers authorities, or other local government
entities.
9
Appendix
A. Federal Tactics
B. State Tactics
C. Legislative and Regulatory Policies
D. State, Federal and Regulatory Processes
Appendices
10
Federal Tactics
Initiative Action
1. Identify and advise on federal
funding opportunities for OC
San infrastructure projects
• Schedule meetings with federal agency stakeholders and senior
officials in Washington, D.C. and district offices to build support
for OC San priority projects.
• Work with congressional delegation to update priority needs.
• Develop white papers to justify requested assistance through direct
grants.
2. Seek funding assistance to
advance recovery of energy and
other resources from biosolids
and other organics such as food
waste
• Meet with federal agency officials to review OC San’s needs and
to discuss funding opportunities and options related to the energy
water nexus.
• Work with EPA and other agencies to advance energy and
water efficient technologies related to smart water
technologies and WaterSense grant program.
3. Seek Infrastructure assistance
A. Robust funding of SRF
and revise SRF Allocation
Formula
B. Innovative Financing
C. Regulatory Streamlining
• Meet with congressional delegation and key
congressional committees.
• Develop priorities and disseminate to OC San’s
congressional delegation.
• Advocate before congressional infrastructure committees and
applicable Executive Branch officials to secure adoption of
alternative water infrastructure financing including credit, loans,
public-private partnerships and grants in addition to direct
grants assistance.
• Work to ensure expedited National Environmental Policy Act and
related reviews and approvals.
• Work with Congress and U.S. Bureau of Reclamation on proposals
to provide enhanced alternative water infrastructure financing
tools and seek opportunities to testify before Congress.
4. Support tax reform that protects
public agencies • Work with NACWA and CASA in support of unrestricted use of
tax-exempt financing and feasible innovative financing
approaches such as infrastructure banks to supplement
traditional funding approaches.
• Work with state and local government stakeholders to restore
state and local tax deductibility and advocate before
congressional delegation.
• Present or submit testimony. • Transmit communications on tax-exempt financing.
Appendix A
11
5. Support resiliency
legislation, regulations,
and policies that
support protection of
OC San’s investments
and promote water and
biosolids recycling
assistance
• Work with delegation and regulators to ensure incorporation of
new programs for water and biosolids recycling assistance.
• Work with NACWA, CASA, and ACWA to support resiliency
water and biosolids recycling legislation and regulations.
• Work with congressional infrastructure committees to secure
assistance for resiliency projects.
6. Work with federal agencies
on permitting issues
• Work with U.S. Fish and Wildlife Service on environmental site
assessment issues such as incidental take permits under
Endangered Species Act (ESA)
• Advocate current Administration and Congress to advance
commonsense permitting processes and programmatic permits
issued by the EPA and the U.S. Army Corps of Engineers to
reduce ratepayer costs.
• Advocate to authorize EPA to provide NPDES permits terms for
a period of up to 10 years and to retain a five-year
administrative extension authority.
• Continue to work with EPA advocating opposition of restrictive
air quality requirements in Title V permits such as Affirmative
Defense Provisions.
12
State Tactics
Initiative Action
1. Develop a proactive legislative
and regulatory advocacy
agenda
• Identify legislation that has the potential to benefit or impact OC
San, as legislation is introduced and amended.
• Identify proposed state and local regulations that are
introduced that have the potential to benefit or impact OC
San.
• Recommend positions on identified legislation and proposed
regulation to align with OC San’s Legislative and Regulatory Plan.
• Create and continually update a legislative and regulatory matrix to
track identified pieces of priority legislation and proposed
regulations.
• Schedule advocacy days in Sacramento as needed with
legislators and committee staff and regulators.
• Continue an active comment letter writing campaign to support or
oppose priority legislation and proposed regulations.
• Schedule meetings with legislators, regulators, stakeholders, and
senior officials in Sacramento and district offices as needed to build
support for OC San priority projects.
• Participate in CASA’s legislative committees and Regulatory
Workgroup and CWSC’s air quality, water issues, collection systems,
biosolids, and wastewater pretreatment committees.
2. Compile a comprehensive list
of Capital Improvement
Projects to reference for
soliciting future funding
opportunities
• Meet with management to discuss future capital projects and
priorities.
• Match capital improvements with funding opportunities based on
project eligibility.
3. Monitor and advise on
possible funding
opportunities, including, but
not limited to, funding
through Statewide bonds
• Proactively engage in the drafting of grant funding guidelines and
provide input to drafting agency or committee to ensure eligibility
and competitiveness of OC San’s projects and priorities.
• Proactively engage on proposed legislation and regulations that
would have an impact on the implementation of funding
programs.
• Identify funding opportunities and provide recommendations for
eligible projects. Create an advocacy and outreach schedule on the
planning and execution of efforts to seek funds.
Appendix B
13
4. Monitor and advise on funding
available through Cap and
Trade
• Monitor the rollout of the Cap-and-Trade Expenditure Plan for
waste diversion projects. Continue to advocate for additional
funding in future Cap-and-Trade Expenditure Plans that OC San is
eligible for.
• Identify eligible and competitive projects and programs.
• Create a schedule on planning and execution of efforts to seek funds,
including outreach and advocacy strategy.
5. Monitor and advise on energy
or other resource recovery
related funding opportunities
• Track energy related grant opportunities.
• Identify potential projects for funding, including, but not limited to,
alternative renewable energy, biogas, biosolids to energy
conversion, organic waste (high strength food waste and fats, oils,
and grease) to energy conversion, and greenhouse gas reduction
projects.
• Ensure wastewater interests are protected as significant decisions
are made related to renewable energy production financing,
mandates, climate change goals, programs, and continued efforts
to extend the state’s emissions reduction target.
• Schedule meetings with local delegation as well as key members to
discuss project benefits and funding opportunity.
• Support initiatives that help OC San strive for energy
independence by minimizing energy utilization and maximizing
useful energy recovery from the sewage it receives.
• Support fair and reasonable regulations for the pipeline injection
of biomethane produced from anaerobic digestion
• Support renewable energy initiatives that are reasonable and fair.
6. Schedule and attend advocacy
and outreach meetings to
provide OC San project updates
• Educate current administration, key staff, and agencies as needed
on priority projects and advocate for funding allocations that align
with OC San’s priorities.
• Schedule stakeholder meetings to build support for projects
• Hold advocacy meetings in coordination with funding opportunities
and project timelines.
• Work with relevant budget committees, budget sub-committees,
policy committees and their staff to advocate for funding allocations
that align with OC San’s priorities.
• Provide full briefings and updates to Orange County’s legislative
delegation and relevant members as needed on OC San’s priority
projects.
7. Ensure that there is regulatory
support in place to allow for
non-reclaimable discharge such
as brine
• Outreach with the California Environmental Protection Agency,
Department of Toxic Substances, State Water Resources Control
Board, Regional Water Quality Control Board, the governor's office,
legislative leadership, and other appropriate stakeholders.
14
8. Ensure development and
implementation of a statewide
biosolids land application
management policy
• Work in conjunction with CASA, CWSC, etc. to reach to and
educate legislators and regulators to develop an advocacy strategy
for regulatory framework that will support statewide objectives to
manage biosolids land application.
9. Ensure development and
implementation of a strategy to
relieve OC San of cumbersome
and outdated bid advertising
costs
• Work with relevant legislators and committees to draft legislation
that will lessen the cost burden on OC San rate payers of
complying with outdated bid advertising requirements.
• Conduct outreach with various other sanitation districts/publicly
owned treatment works (POTW’s) across the State to form a coalition
to support any efforts.
10. Ensure development and
advocacy for legislation to
raise the contracting and bid
threshold for OC San
• Meet with local labor groups to initially present the issue.
• Brainstorm proposed solutions that will give OC San and other
sanitation district’s/POTW’s more flexibility to complete small
scale public works projects in house.
• Work in conjunction with CASA to outreach, educate, and develop
an advocacy strategy that will target all sanitation districts/
POTW’s affected by the current threshold limitations.
• Develop and advocate for legislation that will raise the threshold for
work that can be performed in-house as well as work that is
required to be bid.
15
Legislative and Regulatory Policies
a. Air Quality: OC San is committed to complying with federal, state, and local air quality laws, rules,
regulations, and policies.
a. Support air quality legislations, regulations, rules, and policies that minimize
permitting barriers and encourage the use of advanced air pollution control
technologies through greater permitting flexibility and financial incentives.
b. Support measures that maintain and enhance local decision-making authority, where
appropriate, in the development and implementation of air quality attainment
strategies.
c. Support legislation and regulations to ensure greater consistency between the
California and Federal Clean Air Acts.
d. Support strategies that clearly demonstrate and provide for the most cost-effective
means for meeting air quality goals.
e. Support regulatory and legislative changes that allow exemptions from CARB's
medium and heavy-duty clean air requirements for critical wastewater response
vehicles, such as Assembly Bill 1594.
f. With respect to CARB’s Advanced Clean Fleets Regulation and the restrictions
imposed on the vehicles subject to these purchase requirements, support legislation
that will include emergency response vehicles owned/operated by essential public
services in the definition of “Emergency Vehicles” in CVC section 165.
g. Oppose regulations that mandate specific fuel types or neglect the significant
benefits of renewable fuels.
h. Oppose air quality policies, rules, and regulations at Title V facilities that disregard
the role wastewater treatment as an essential public service.
i. Oppose redundant and unreasonable requirements, such as double reporting
requirements, with respect to emissions reporting associated with AB 617 (2017), the
Community Air Protection Program.
j. Oppose SCAQMD policies, rules, and/or regulations on Cumulative Impacts from Air
Toxics for CEQA Projects. Monitor SCAQMD for proposed changes to risk mitigation
procedures, public notification threshold requirements, R1401 limits, analysis to
criteria pollutants, and GHG impacts.
Appendix C
16
k. Oppose federal, CARB, and SCAQMD policies, rules, and/or regulations that promote
the use of technologies that are unvetted, have scalability issues, or can’t be
manufacturer guaranteed such as certified, backup emergency power equipment
with automatic shutoff inducement.
l. Adhere to OC San’s odor policy and level of service to assure OC San is a good
neighbor to the surrounding communities.
m. Monitor, participate, and engage in the development of any updates to the federal
National Emission Standards for Hazardous Air Pollutants (NESHAP) and New Source
Performance Standards (NSPS) applicable to POTW’s, process Boilers, and
Reciprocating Internal Combustion Engines (RICE) located at an area source.
n. Monitor SCAQMD’s Priority Reserve Bank for impacts transcending from the
sunsetting of the Regional Clean Air Incentives Market (RECLAIM) program. Oppose
any rules proposing to cease or limit future emission reduction credit deposits into
the Priority Reserve bank.
o. Monitor and oppose any legislation or SCAQMD regulations requiring fence-line
monitoring for pollutants of concern, including hydrogen sulfide, at POTW’s having a
design capacity ≤ 425 MGD.
p. Monitor legislative and regulatory developments in response to State’s goal of
achieving Carbon Neutrality including the Advanced Clean Fleets and the Zero-
Emission Forklift Fleets regulations pertaining to the electrification of engine-driven
equipment and fleets. Oppose measures that require special districts and local
governments to be early adopters of this unproven technology.
q. Monitor SCAQMD’s development of regulations and guidelines associated with AB
617 in the following areas: (1) implementation of best available retrofit control
technology (BARCT) requirements for existing stationary sources; (2) deployment of
air monitoring systems in selected communities; (3) implementation of emissions
reduction plans in selected communities.
r. Monitor SCAQMD’s development of rules and policies, such as Rule 317.1, that will
require major stationary sources such as OC San and other publicly owned
wastewater facilities to pay for the region’s inability to achieve attainment with the
federal 8-hour ozone standards pursuant to Section 185 of the CAA.
s. Monitor SCAQMD’s development of rules and policies associated with the
electrification of combustion-fired equipment such as for furnaces under Rule 1111
and smaller boilers/water heaters under Rule 1146.2.
t. Monitor SCAQMD’s development of rules and policies associated with the potential
elimination or imposed limitation on emergency standby internal combustion
engines under proposed Rule 1110.4.
17
u. Obtain grant funding through programs such as the Carl Moyer Memorial Air Quality
Standards Attainment Program (Carl Moyer Program) and the VW Mitigation Trust,
as deemed eligible, for zero-emitting vehicles and equipment and any necessary
infrastructure to support those emerging technologies.
v. Participate and engage in associations efforts to work with CARB and the local air
districts in the implementation of the updated AB 617 (2017), the Community Air
Protection Program, the Regulation for the Reporting of Criteria Air Pollutants &
Toxic Air Contaminants (CTR), AB 2588 Air Toxics “Hot Spots” Programs, and the
SCAQMD’s 2022 AQMP.
w. Participate and engage in SCAQMD’s implementation of the provisions adopted in
the 2022 AQMP. Oppose potential measures in future AQMP’s that place additional
burdens to resource recovery operations generating renewable energy.
x. Monitor and support any legislative development which would provide a relief on the
use of diesel emergency power generators during State of Emergency events and
Public Safety Power Shutoff (PSPS) events impacting the local electrical utility.
b. Biosolids, Organics and Biogas: OC San strives for the beneficial reuse of biosolids through multiple
management options performed at reasonable costs that are protective of public health and the
environment.
a. Support legislation, regulations, and policies that support the beneficial reuse of biosolids on
agricultural lands, landscape, horticulture, California Healthy Soils Initiatives, mine
reclamation, fire ravaged lands, superfund sites, brownfields, overgrazed lands, carbon
sequestration, and wetland restoration.
b. Support the promotion and funding of local pilot programs, studies, and research for the
beneficial use of biosolids.
c. Oppose legislation, regulations, and policies that impose unreasonable new rules, guidance or
bans that restrict the use of biosolids for land application in any region, county, or state
without scientific basis.
d. Support alternative renewable energy legislation, regulation, and policies that encourage use
of biosolids as a renewable energy resource.
e. Support responsible local reuse of community-generated organics, not limited to biosolids
compost and biogas.
f. Support streamlined legislation, regulations, and policies that encourage the procurement of
biogas, biosolids, and compost.
18
g. Support CalRecycle, CARB, California Public Utilities Commission, (CPUC), California Energy
Commission (CEC), California Department of Food and Agriculture (CDFA), and SWRCB accepting
quality standards that allow wastewater treatment plants to inject biogas production into existing
pipelines for renewable use.
h. Support compost associations and local cities and agencies in education, market expansion
activities, and meeting mandates to buy-back compost and other organics diverted from landfills.
i. Limit redundant reporting requirements on organics, recyclable material, and solid waste.
j. Support development and funding for organic co-digestion and recycling projects in accordance
with SB 1383 or other associated rules and regulations.
k. Support efforts to provide alternative management and/or funding options for biosolids, such as
supercritical water oxidation, pyrolysis, and/or future biosolids/biogas projects.
c. Source Control: OC San supports legislation that reduces pollutants and harmful materials that could enter
the sewer system.
a. Support statewide or targeted public education programs and initiatives that teach
appropriate “What To Flush” practices and fats, oils, and grease management.
b. Support federal policies and legislation that regulates the disposal of flushable wipes to ensure
clarity on the definition of “flushable.”
c. Support legislation, regulations, and funding assistance that would lead to decreased
introduction of microplastics, and other contaminants of concern discharged into the sewer
system.
d. Support legislation and funding mechanisms that reduce the amount of trash, waste,
chemicals, and harmful organic material that enter the sewer system.
e. Support legislation that would create forever homes for forever chemicals.
f. Oppose regulations or legislation that would place the responsibility of addressing PFAS as a
class of constituents on the public treatment plants.
g. Support funding opportunities for clean-up costs from the manufacturers of PFAS and through
state grants and low-interest loans.
h. Support the reduction/elimination of Contaminants of Emerging Concern (e.g., PFAS) within
consumer and commercial products.
i. Monitor the development of PFAS-containing firefighting foam collection and disposal
programs across the country.
19
d. Grant Funding: OC San is committed to advancing the state of knowledge in the treatment and
management of wastewater through the application of innovative and alternative technologies. To this
end, OC San supports grants assistance to offset its research, special projects, and capital improvement
projects.
a. Support legislation, bonds, programs, and projects that provide funding for: infrastructure
construction and rehabilitation, special studies and research or projects relating to security,
environmental education, water quality, wastewater processing, urban runoff, wastewater
recycling, biosolids and organics management, water quality improvement, resource recovery,
or alternative energy.
b. Support projects that provide for public benefit over projects that are primarily intended
for private benefit or gain.
c. Oppose proposals placing further requirements on grant recipients that return low value for
high administrative costs.
d. Support regional collaboration and funding for public agencies for food waste co-digestion and
recycling projects.
e. Innovative Funding: OC San is committed to supporting programs that provide the highest quality
services to its ratepayers.
a. Support programs to leverage federal assistance such as credit assistance and highly
subsidized loan assistance.
b. Support Public-Private Partnerships, Public-to-Public, and other financing approaches that
can reduce costs only if such projects do not impose costs on OC San ratepayers.
c. Support the full funding of the Clean Water Act- SRF Program at $4 billion annually.
d. Seek federal assistance to support water conservation projects such as water recycling,
green infrastructure through the Water Infrastructure Finance and Innovation Act (WIFIA),
and direct grants to reduce project costs.
e. Seek state and/or regional incentive funding opportunities, such as CARB’s Heavy Duty
Voucher Incentives Program (HVIP) and the Carl Moyer Program, available to offset the
regulatory mandates to transition combustion-fired vehicles and equipment to zero
emission technologies (e.g. battery electric, heat pumps, and hydrogen fuel cells).
f. Labor Relations/Human Resources: OC San is committed to employer-employee relations including, but
not limited to, meeting and conferring in good faith with recognized employee organizations regarding the
wages, hours of work, and other terms and conditions of employment. As Congress considers reforming
the federal tax code, many of the provisions subject to reform may impact labor relations.
a. Support measures to reform current workers compensation formulas that rely on a
proportionate exposure formula.
20
b. Support health insurance reform that does not create additional financial burdens on
special districts.
c. Support measures to ease applicability of the Fair Labor Standards Act on public agencies.
d. Oppose any measure imposing compulsory and binding arbitration with respect to
public employees.
e. Oppose any measure that imposes upon local government mandated employee benefits that
are more properly decided at the local bargaining table.
f. Oppose efforts reducing local control over public employee disputes and imposing regulations
on an outside agency.
g. Oppose any measure granting essential public employees the right to strike.
h. Oppose a new mandatory Social Security tax for public employers and public employees.
i. Oppose overreaching and costly mandates that require non-necessary disclosures to employees.
j. Oppose legislation and regulations that force OC San to adjust paid and unpaid leave time
parameters.
g. Security: OC San is committed to the safety of all personnel, facilities, and the entire sewer system.
a. Support legislation that would create efficiencies around the retention policy of surveillance video
recordings.
b. Support policies that address cybersecurity needs of wastewater agencies, including
Supervisory Control and Data Acquisition.
c. Support funding assistance to ensure employees remain safe and secure during global pandemics.
d. Support funding for the hardening of essential regional facilities such as water recycling and sewer
collection and recycling sites.
e. Support legislation and funding for regional emergency management collaboration to protect
critical infrastructure.
h. Planning: OC San ensures the long-range planning of capital improvement programs in order to deliver
the highest quality facilities.
a. Support reform of existing state, regional, and local planning processes only if directly
linked to reforms in the current revenue and tax structure of state and local governments.
b. Support measures that provide new revenues for growth management and the public
facilities necessary to support expected growth.
21
c. Support proposals encouraging regional, sub-regional, or countywide cooperation in planning
urban development strategies, especially those that provide funding for effective
implementation of agreed upon goals.
d. Oppose legislation consolidating special districts that fail to address the concerns of cities
affected by the proposed consolidation.
e. Oppose measures that prevent or restrict the ability of cities or special districts to participate in
the Southern California Association of Governments’ sub-regional process.
i. Public Health: Protection of public health is OC San’s core mission. OC San will work cooperatively
with county and state health officers to assure local health protection.
a. Support hazard mitigation, emergency response, planning, and recovery through direct
legislation, policy directives, and funding toward floodplain security within the Santa Ana
River watershed.
b. Support funding assistance to ensure employees remain safe and secure during global
pandemics.
c. Support (generally) measures that provide for improved public health through regulation.
d. Support the protection of public health and environment through the construction
and implementation of advanced wastewater treatment technology.
e. Support sharing critical information and data from state and county agencies in the interest
of protecting the public health and saving taxpayer dollars.
f. Monitor legislation that provides additional occupational safety and health standard requirements
for employees, contractors, or subcontractors.
j. Public Works: OC San is committed to the successful completion of effective and efficient projects
that provide wastewater treatment services that benefit its ratepayers.
a. Support measures that provide funding and support to POTWs and sewage collection
systems.
b. Support legislation and regulation that allow public agencies to procure goods and
services in manners similar to private industry, thereby reducing overall costs of delivery.
c. Support legislation and regulation that improve the Utility Underground Service Alert
Program to improve coordination, identification, minimize damage, minimize environmental
risks, and minimize cost exposure to publicly owned facilities when contractors are
performing sub- surface work.
d. Support a comprehensive response to the state’s electricity and natural gas shortages that
provide a stable energy supply, respects the ability of municipalities to provide power,
recognizes that infrastructure (i.e. emergency and standby generators) exists that could be
employed temporarily during periods with minimal air quality impact and protects ratepayers
against dramatic rate increases and statewide power outages.
22
e. Support legislation and regulation that allows OC San to utilize the Best Value Design Build,
Progressive Design Build and Construction Manager at Risk Design Build option for the
construction of public works projects.
f. Oppose Buy American mandates legislation that would increase project costs or prevent the
use of the most innovative technologies.
g. Monitor legislation that would require the inspection and possible repair of sewer laterals at
the time of sale in residential, commercial, and industrial areas.
h. Monitor legislation connected with government claims against special districts regarding risk and
wrap-up insurance.
i. Support legislation that increases the thresholds for bid work and force account work.
k. Tax Reform/Revenue and Taxation: Track pending legislation to ensure OC San remains in compliance
with the government code as it pertains to wastewater system user fees and property tax revenues and
the investment of public funds.
a. Support measures leading to a greater financial independence from the state that would result
in greater stability and predictability in local government budgeting.
b. Oppose measures that impose mandated costs for which there is no guarantee of
local reimbursement or offsetting benefits.
c. Oppose legislation that shifts tax revenues away from local governments without the
adequate provision of a constitutionally guaranteed backfill to offset the lost revenues of
those local governments.
d. Oppose measures that shift existing local revenue sources back to the state, including the
special district share of property tax, sales tax, vehicle license fees, and ratepayer fees.
e. Oppose the use of revenues traditionally used to fund the delivery of municipal services to fund
programs for which the state is responsible, particularly the courts, health, and welfare
programs.
f. Oppose elimination or restriction of state and local tax deduction from federal tax liability of
local taxpayers.
g. Oppose elimination or restriction on the availability of municipal tax-exempt financing for
public infrastructure projects.
h. Monitor legislation regarding changes in law that influence the fees and charges that OC San
facilitates.
i. Support legislation that would exempt vital treatment chemicals for water and wastewater
agencies for the sole purpose of water recycling from sales and use tax.
l. Special Districts: OC San supports the maintenance of special districts to provide specific services, in
response to citizen’s demands, in a cost-effective manner.
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a. Support efforts to provide equitable treatment of special districts in emergency funding
assistance.
b. Support outreach to local, regional, and state elected officials to foster a greater
understanding regarding the critical relationship between adequate reserves and the
successful short-and-long- term operation of water and wastewater agencies.
c. Support the work of the ACWA, CASA, and CSDA etc. in any future discussions or negotiations
pertaining to the legislative and budget issues relative to preserving control of members’
reserves.
d. Oppose further state regulations that adversely impact special district financing, operations, and
administration.
e. Oppose measures that create or grant powers to sub-regional or regional bodies that would
result in an infringement on clearly local concerns.
f. Oppose any administrative or legislative efforts to access or transfer any reserve funds held
by water and wastewater districts.
g. Oppose the imposition of unfunded, mandated programs on local governments.
h. Oppose efforts that diminish OC San’s ability to govern efficiently and effectively, including
expanding the size of the Board of Directors.
i. Support alternate methods of public meetings notices that maintain transparency but are more cost
efficient and technologically advanced.
j. Support maximum flexibility for special districts to conduct Board of Directors business virtually
while providing for public transparency.
k. Support legislation that gives local control on video retention guidelines to special districts to
maintain maximum flexibility and cost control.
m. Water Quality and Supply: OC San is committed to participating collaboratively in the protection
of regional water resources for the benefit of the people we serve.
a. Support (generally) measures to increase water supply and improve water quality in the
region, including drought relief legislations and regulations.
b. Support measures that would increase funding for water reuse technologies, including support
for the Groundwater Replenishment System project by the Orange County Water District and
the OC San to create new water supplies through wastewater recycling.
c. Support measures that promote and provide for the use of reclaimed water.
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d. Support policy development, funding, and research for addressing urban runoff, stormwater, and
beach closures, including funding for studies that identify the sources of nutrients (e.g.,
ammonia, nitrates, etc.) and bacterial, viral, and other microbial contaminants and human
pathogens.
e. Support measures to evaluate water quality standards, as needed, to ensure the objectives
are appropriately protecting the designated use.
f. Support legislation and regulation that would direct EPA levied fines to remain in the region.
g. Support measures addressing non-point source pollution in order to protect our ocean
water quality and provide funding to mitigate its effects, including integrated permitting
approaches that can reduce costs and achieve water quality improvements while allowing
permits to be tailored to the needs of Orange County and its watershed.
h. Support national infrastructure policies that contain aspirational goals which promote
improved water use efficiency in construction of water efficient buildings and
communities.
i. Support legislation and regulation that promote improved water use efficiency through state
assistance in evaluating and implementing new programs and technologies and increasing public
awareness of water use efficiency.
j. Support legislation and regulation that provide for the development of the watershed
approach, including watershed management plans and watershed-based permitting.
k. Support legislation and regulation that necessitate the responsible use of water in
residential, commercial, and industrial areas.
l. Support streamlined environmental guidelines and regulations which would safeguard the
region, providing increased protections and lesser costs to ratepayers.
m. Oppose the imposition of statewide fees for environmental cleanup that is caused through
private sector actions or are regional in nature (e.g., when the nexus between those responsible
for environmental abuse and those required to pay for cleanup or mitigation is absent).
n. Support approaches to reduce compliance costs associated with stormwater controls
including the use of integrated plans.
o. Monitor state and federal legislation and regulations related to Contaminants of Emerging
Concern (e.g., PFAS, etc.).
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Legislative and Regulatory Process Flow Chart
Appendix D
State
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Federal
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Regulatory
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WWW.TOWNSENDPA.COM
SACRAMENTO • WASHINGTON, DC
NORTHERN CALIFORNIA • CENTRAL CALIFORNIA • SOUTHERN CALIFORNIA
Administration
Committee Update
October 9, 2024
Page 2
Presentation Overview
2024 Legislative Session
Overview
Advocacy Efforts and Bill
Concept Discussion
Looking Forward
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Slide 3
2024 State Legislative Session Overview
The 2024 Legislative Year adjourned on August 31:
2,124 bills were introduced in 2024
• 1,505 Assembly Bills
• 619 Senate Bills
Over 400 “two-year bills” from 2023 were eligible for
consideration in 2024.
The Governor signed 1,017 bills and vetoed 189 bills.
Page 4
SB 903 (Skinner) – PFAS Ban
Details
• Creates a universal non-essential use ban on PFAS
• Prohibit a person from distributing, selling, or offering for sale
in the state a product that contains intentionally added PFASunless it is currently unavoidable
• Establishes a significant financial penalty during each day of
the violation
Status
•Sponsored by CASA. Supported by water and sanitationagencies and environmentalists, including OC San
•Did not pass Assembly Appropriations Committee
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Page 5
SB 937 (Wiener) – Impact Fee
Details
• Imposes new and conflicting conditions for how and when utilities
can collect water and sewer connection and capacity fees
• New language is in an inappropriate code section that regulates
different and distinct types of fees for new developments that areimposed by a land use authority
• Last minute amendments go back on negotiations from during theLegislative Session
Status
•Sponsored by California YIMBY. Opposed by water and
sanitation agencies including OC San
•Signed into law
Page 6
SB 1210 (Skinner) – Service Connections
Details
• Requires local agencies to post on their website a schedule of
fees for a service connection, capacity, or other point ofconnection charge
• Requires local agencies to post on their website the
estimated timeframes for completing typical serviceconnections needed for each housing development type
Status
•Sponsored by Housing Action Coalition. Original version
opposed by water and sanitation agencies and
associations. Eventually moved to a Watch position
•Signed into law
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Slide 7
Potential Legislative Concepts
Bid Advertising Reform
Dollar thresholds for
bidding and force account work
Video Retention Reform
Page 8
Bid Advertising Reform
Details
• Currently, Sanitation Districts must advertise construction bidsin a print newspaper
• This can cost several hundred thousand dollars a year inadvertising costs for local and regional newspapers, without
evidence to show increased bidders
• OC San ran a bill in 2018, AB 2003 (Daly), to try to expandthe allowable public notification methods for construction bids.
AB 2003 died in the Assembly Local Government Committee
• The legislative climate around the issue has changed since
2018
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Dollar Threshold for Contracting Work
Details
• Currently, Sanitation Districts must bid out work valued over$5,000. For work valued over $35,000, they must bid the work
to the lowest responsible bidder
• This threshold in law has not been updated since 1998
• Rising costs in the construction industry has significantly
limited the amount of work that trained and capable internalstaff can perform
Page 10
Video Retention Reform
Details
• Existing law requires special districts to retain videomonitoring recordings for one year after creation
• Costs associated with routine video monitoring data storage
have increased significantly as technology and video qualityincreases
• AB 510 (Cooley) in 2019 would have helped ease the burden.CASA and OC San supported, but AB 510 failed to get a
hearing in the Assembly and died
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Page 11
Looking Ahead to 2025 – Sacramento
New Legislature – 25 percent
Turnover
Impact Fee Legislation
AB 2449 (Rubio) Expiration
Page 12
Christopher Townsend
President
Cori Takkinen
Vice President
Eric O’Donnell
Director
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10/2/2024
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2025 Draft
Legislative and
Regulatory Plan
Presented by: Rebecca Long, Sr. Public Affairs Specialist
Administration Committee
October 9, 2024
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•Oppose redundant regulatory and legislative requirements
that cause undue constraints on efficient operations;
•Support legislative and regulatory streamlining that promotes affordability, public health, and environmental protection;
•Maintain local control over governance of special districts and other local entities; and
•Obtain financial assistance for OC San projects through grants, loans, and legislative directed funding.
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Consultants:
•Cori Takkinen – Townsend Public Affairs
•Eric O’Donnell– Townsend Public Affairs
•Eric Sapirstein – ENS Resources
•Sarah Sapirstein – ENS Resources
•David French– ENS Resources
OC San:
•Rob Thompson
•Jennifer Cabral
•Daisy Covarrubias
•Rebecca Long
•Lan Wiborg
•Sam Choi
•Mark Kawamoto
•Tom Meregillano
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•Committee Feedback Throughout the Year
•Obtain Feedback from OC San Staff/Subject Matter Experts
•Work with State and Federal Lobbyist
•Share with Various Organizations:
•California Association of Sanitation Agencies
•California Special Districts Association
•Orange County Water District
•Municipal Water District of Orange County
•Irvine Ranch Water District
•Committee Review and Input
•Board Adoption in November
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•Support legislation that would exempt vital treatment chemicals
for water and wastewater agencies for the sole purpose of
water recycling from sales and use tax
•Additional (refined) focus on PFAS and potential
legislation/regulation
•Focus on maintaining local control over governance of special
districts and other local entities
•Biosolids, microplastics, microfibers: funding for alternative
methods of treatment
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Bid Advertising ReformBid Advertising Reform
Dollar thresholds for bidding and force account
work
Dollar thresholds for bidding and force account
work
Video Retention ReformVideo Retention Reform
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•Provide comments/direction in preparation for the final
document
•Recommend to the Board of
Directors to:
•Adopt the OC San
2025 Legislative and Regulatory
Plan at the November Board
Meeting
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1954 - 2024
Orange County Sanitation District
70th Anniversary
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ADMINISTRATION COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3863 Agenda Date:10/9/2024 Agenda Item No:6.
FROM:Robert Thompson, General Manager
Originator: Laura Maravilla, Director of Human Resources
SUBJECT:
POSITION CHANGE REQUEST FOR FISCAL YEAR 2024-25
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Approve the upgrade of one vacant Lead Facilities Worker (Salary Grade LOC66)position to Building
Maintenance Technician (Salary Grade LOC67) position for FY 2024-25.
BACKGROUND
The Orange County Sanitation District (OC San)has evaluated its operations and identified a need
for a position change to meet its building maintenance and repair requirements.The upgrade of the
vacant Lead Facilities Worker position to Building Maintenance Technician is necessary to support
the maintenance and repair of OC San’s new Headquarters Building,the future Operations and
Maintenance Complex at Plant No.2,and the upcoming new Laboratory building,as well as other
OC San buildings and facilities as needed.These modern buildings incorporate complex energy
control,environmental control,and automation systems to meet new efficiency and safety
requirements.These complex systems require a higher-level technician to properly maintain and
operate them.
The Building Maintenance Technician will perform,coordinate,and oversee skilled maintenance and
repair duties in a variety of functional areas,including but not limited to mechanical,electrical,
heating, ventilation, and air conditioning (HVAC), plumbing, and fire systems.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Protect OC San assets
·Maintain a culture of improving efficiency to reduce the cost to provide the current service level
or standard
PROBLEM
Organizational staffing needs have arisen that were not anticipated in preparation of the adopted FY
2024-25 budget.
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File #:2024-3863 Agenda Date:10/9/2024 Agenda Item No:6.
PROPOSED SOLUTION
Approve the proposed vacant position upgrade, to take effect immediately.
TIMING CONCERNS
Staff recommends approval of the position upgrade for the current fiscal year to ensure timely and
comprehensive maintenance and repair of all OC San facilities.
RAMIFICATIONS OF NOT TAKING ACTION
Deferring action on the requested position upgrade would require existing staff to cover the increased
workload and would not allow for a dedicated resource at the appropriate level to provide
comprehensive maintenance and repair of OC San’s buildings and facilities.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The Lead Facilities Worker position was vacated on May 30,2024,following a retirement.OC San’s
Board approved Fiscal Year 2024-25 budget included a total of 663.5 full-time employees (FTE).The
current request would not change the approved FTE count.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.The upgraded
position would result in increased salary and benefit costs of approximately $2,746 annually.The FY
2024-25 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:
N/A
Orange County Sanitation District Printed on 10/2/2024Page 2 of 2
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ADMINISTRATION COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2024-3875 Agenda Date:10/9/2024 Agenda Item No:7.
FROM:Robert Thompson, General Manager
SUBJECT:
SUPERCRITICAL WATER OXIDATION UPDATE
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Information Item.
BACKGROUND
Each month,staff delivers an informational presentation on topics of interest to the Board of
Directors.This month’s focus is an update to the Orange County Sanitation District’s demonstration
project for a Supercritical Water Oxidation facility.The General Manager will present a verbal report
(and pictures as they are available)on the recent trip to Orlando,Florida by the Board Chairman,
Board Vice-Chairman,and General Manager,where they observed the agreed upon initial
deployment of AirSCWO technology.This demonstration in Orlando aims to refine the technology
before deployment of a production 6-ton unit for OC San’s Fountain Valley facility.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Safe, beneficial reuse of Biosolids
·Use all practical and effective means for resource recovery
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Presentation
Orange County Sanitation District Printed on 10/2/2024Page 1 of 1
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Supercritical Water
Oxidation Update
Presented by: Rob Thompson, General Manager
Administration Committee
October 9, 2024
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Sludge/Biosolids Preprocessing and AirSCWO Container in Orlando
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Sludge Cake to the Preprocessing Unit
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Preprocessed Sludge
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Clean Gas Effluent
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Effluent Water After Processing
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Effluent/Minerals/Influent
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Tastes Better Than GWRS Because of the
Minerals
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Just Kidding GWRS Is Better,
(Okay I didn’t really drink it.)
Questions?
1954 - 2024
Orange County Sanitation District70thAnniversary
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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.