HomeMy WebLinkAbout10-14-2026 Administration Committee Complete Agenda PacketNOTICE OF REGULAR MEETING AGENDA
PUBLIC PARTICIPATION NOTICE
ORANGE COUNTY SANITATION DISTRICT
ADMINISTRATION COMMITTEE
OCTOBER 14, 2026 - 5:00 PM
ACCESSIBILITY FOR THE GENERAL PUBLIC
Your participation is always welcome. OC San offers several ways in which to interact during
this meeting.
MEETING PARTICIPATION INSTRUCTIONS
www.ocsan.gov
IN-PERSON MEETING ATTENDANCE
OC San Headquarters: 18480 Bandilier Circle, Fountain Valley, CA 92708
ONLINE MEETING PARTICIPATION
Join the meeting now
PARTICIPATE BY TELEPHONE
Dial: (213) 279-1455
Phone Conference ID: 799 776 731#
WATCH THE MEETING ONLINE
https://ocsd.legistar.com/Calendar.aspx
Details on how to participate can be found on our website at
Join the live meeting on Teams:
The meeting will be available for online viewing at:
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!
SUBMIT A COMMENT
Online at: https://ocsd.legistar.com/Calendar.aspx or by emailing: OCSanClerk@ocsan.gov
ROLL CALL ADMINISTRATION COMMITTEE Finance, Information Technology, Environmental Services
and Human Resources
Meeting Date: October 14, 2026 Time: 5:00 p.m. COMMITTEE MEMBERS (13)
OTHERS
STAFF
ADMINISTRATION COMMITTEE
Regular Meeting Agenda
Wednesday, October 14, 2026 - 5:00 PM
Headquarters - Board Room
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 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.
SUBMIT A COMMENT: You may submit your comments and questions in writing in advance of, or during the
meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or by
sending them to OCSanClerk@ocsan.gov with the subject line "PUBLIC COMMENT ITEM # [insert relevant item
number]" or "PUBLIC COMMENT NON-AGENDA ITEM". 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.
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
View Current Board of Directors
ADMINISTRATION COMMITTEE Regular Meeting Agenda Wednesday, October 14, 2026
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.
1.2026-4736APPROVAL OF MINUTES
RECOMMENDATION:
Approve minutes of the Regular meeting of the Administration Committee held
September 9, 2026.
Originator:Kelly Lore
Attachments:
2.2026-4953PUBLIC AFFAIRS UPDATE FOR THE MONTH OF SEPTEMBER 2026
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Public Affairs Update for the month of September 2026.
Originator:Jennifer Cabral
Attachments:
Page 2 of 5
ADMINISTRATION COMMITTEE Regular Meeting Agenda Wednesday, October 14, 2026
NON-CONSENT:
3.2026-5047LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF SEPTEMBER
2026
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Legislative Affairs Update for the month of September 2026.
Originator:Jennifer Cabral
Attachments:
4.2026-5115SERVER HARDWARE REFRESH FOR INDUSTRIAL CONTROL
SYSTEM AND ENTERPRISE OFFICE NETWORKS
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve an Equipment Contract to Nth Generation Computing, Inc. for the
procurement of HPE vSAN Ready Nodes for the Enterprise and SCADA
Environment, Specification No. E-2026-743BD for a total amount not to exceed
$7,557,229 plus applicable sales tax; and
B. Approve a contingency in the amount of $755,723 (10%).
Originator:Wally Ritchie
Attachments:
Page 3 of 5
ADMINISTRATION COMMITTEE Regular Meeting Agenda Wednesday, October 14, 2026
5.2026-5112PROPOSED POSITION CHANGES FOR FISCAL YEAR 2026-27
RECOMMENDATION: Recommend to the Board of Directors to:
Approve the addition of one (1) new position, the upgrade of one (1) position, and the
downgrade of one (1) position for FY 2026-2027 as follows:
A. Add one (1) Safety Inspector (Salary Grade OCE78);
B. Upgrade one (1) Staff Analyst (Salary Grade PRO70) to Senior Staff Analyst
(Salary Grade PRO76); and
C. Downgrade one (1) Maintenance Manager (Salary Grade EM16) to Maintenance
Superintendent (Salary Grade SUP90).
Originator:Laura Maravilla
Attachments:
INFORMATION ITEMS:
6.2026-5118RATE STUDY UPDATE
RECOMMENDATION:
Information Item.
Originator:Wally Ritchie
Attachments:
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Directors may request staff to place an item on a future agenda.
Page 4 of 5
ADMINISTRATION COMMITTEE Regular Meeting Agenda Wednesday, October 14, 2026
ADJOURNMENT:
Adjourn the meeting until the Regular Meeting of the Administration Committee on November
12, 2026 at 5:00 p.m.
AFFIDAVIT OF POSTING:
I hereby certify under penalty of perjury and as required by the State of California, Government Code §
54954.2(a), that the foregoing Agenda was posted online at www.ocsan.gov, in the lobby, and outside the main
door of Orange County Sanitation District Headquarters at 18480 Bandilier Cir. Fountain Valley, CA 92708 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.
/s/ Kelly A. Lore, MMC
Clerk of the Board October 7, 2026
Page 5 of 5
ADMINISTRATION COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4736 Agenda Date:10/14/2026 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 9, 2026.
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 26-02
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·September 9, 2026 Administration Committee meeting minutes
Orange County Sanitation District Printed on 10/5/2026Page 1 of 1
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Orange County Sanitation District
Minutes for the
ADMINISTRATION COMMITTEE
Wednesday, September 9, 2026
5:00 PM
Headquarters - Board Room
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 Vice Chairman Jose Medrano on Wednesday, September
9, 2026 at 5:00 p.m. in the Orange County Sanitation District Headquarters. Board Chairman
Jon Dumitru led the Pledge of Allegiance.
ROLL CALL AND DECLARATION OF QUORUM:
Assistant Clerk of the Board Tania Moore declared a quorum present as follows:
PRESENT:Debbie Baker, Ted Bui, Jon Dumitru, Melinda Liu, Christine Marick,
Jose Medrano, Jordan Nefulda, Andrew Nguyen, Jamie Valencia,
Chad Wanke and Jordan Wu
ABSENT:David Shawver and Erik Weigand
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; Wally Ritchie, Director of Finance; Lan Wiborg, Director of
Environmental Services; Tania Moore, Assistant Clerk of the Board; Mo Abiodun; Cheri
Calisang; Sam Choi; Daisy Covarrubias; Thys DeVries; Al Garcia; David Haug; Rebecca
Long; Joe Manzella; Tom Meregillano; Rob Michaels; Andrew Nguyen; Sammady Yi; and
Ruth Zintzun were present in the Board Room.
OTHERS PRESENT: Scott Smith, General Counsel and Cori Takkinen, Townsend Public
Affairs were present in the Board Room. Bob Bell; Frederick Dilly and Darren Hodge, were
present virtually.
PUBLIC COMMENTS:
There were no public comments.
Ms. Moore announced that Late Communication had been received, after the publication of
the agenda, from the Director of Finance, regarding changes to the recommendation for Item
No. 10.
REPORTS:
Vice Chair Medrano did not provide a report. General Manager Rob Thompson reminded the
Committee that a Special Board Meeting for the annual State of OC San would be held on
Page 1 of 7
ADMINISTRATION
COMMITTEE
Minutes September 9, 2026
Friday, September 18, 2026, at 11:30 a.m. at OC San Headquarters.
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2026-4735
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve minutes of the Regular meeting of the Administration Committee held July 8,
2026.
AYES:Debbie Baker, Ted Bui, Jon Dumitru, Melinda Liu, Christine Marick,
Jose Medrano, Jordan Nefulda, Andrew Nguyen, Chad Wanke and
Jordan Wu
NOES:None
ABSENT:David Shawver, Jamie Valencia and Erik Weigand
ABSTENTIONS:None
2.PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF JULY AND
AUGUST 2026
2026-4951
Originator: Jennifer Cabral
Receive and file the Public Affairs Update for the months of July and August 2026.
AYES:Debbie Baker, Ted Bui, Jon Dumitru, Melinda Liu, Christine Marick,
Jose Medrano, Jordan Nefulda, Andrew Nguyen, Chad Wanke and
Jordan Wu
NOES:None
ABSENT:David Shawver, Jamie Valencia and Erik Weigand
ABSTENTIONS:None
3.REIMBURSEMENTS TO BOARD MEMBERS AND STAFF 2026-5036
Originator: Wally Ritchie
Receive and file report of reimbursements to Board Members and Staff per
Government Code Section 53065.5 for the period July 1, 2025 through June 30, 2026.
Page 2 of 7
ADMINISTRATION
COMMITTEE
Minutes September 9, 2026
AYES:Debbie Baker, Ted Bui, Jon Dumitru, Melinda Liu, Christine Marick,
Jose Medrano, Jordan Nefulda, Andrew Nguyen, Chad Wanke and
Jordan Wu
NOES:None
ABSENT:David Shawver, Jamie Valencia and Erik Weigand
ABSTENTIONS:None
4.TERMINATION OF CONFIDENTIALITY AND COMMON INTEREST
AGREEMENT
2026-5042
Originator: Lan Wiborg
AYES:Debbie Baker, Ted Bui, Jon Dumitru, Melinda Liu, Christine Marick,
Jose Medrano, Jordan Nefulda, Andrew Nguyen, Chad Wanke and
Jordan Wu
NOES:None
ABSENT:David Shawver, Jamie Valencia and Erik Weigand
ABSTENTIONS:None
5.ENVIRONMENTAL REGULATORY REPORTS 2026-5040
Originator: Lan Wiborg
Receive and file the following environmental regulatory reports: Annual Biosolids
Management Compliance Report CY 2025, Annual Pretreatment Program Report FY
2025 (July 2024-June 2025), Semi-Annual Pretreatment Program Report
(July-December 2025), Annual Mandatory Reporting of Greenhouse Gas Emissions
Reports CY 2025, Annual Air Quality Emissions Reports CY 2025, and the Annual
Marine Monitoring Report FY 2025 (July 2024-June 2025).
AYES:Debbie Baker, Ted Bui, Jon Dumitru, Melinda Liu, Christine Marick,
Jose Medrano, Jordan Nefulda, Andrew Nguyen, Chad Wanke and
Jordan Wu
NOES:None
ABSENT:David Shawver, Jamie Valencia and Erik Weigand
Page 3 of 7
ADMINISTRATION
COMMITTEE
Minutes September 9, 2026
ABSTENTIONS:None
6.NETWORK TEST ACCESS POINTS FOR INDUSTRIAL CONTROL
SYSTEM NETWORK AND OFFICE NETWORK
2026-5068
Originator: Wally Ritchie
AYES:Debbie Baker, Ted Bui, Jon Dumitru, Melinda Liu, Christine Marick,
Jose Medrano, Jordan Nefulda, Andrew Nguyen, Chad Wanke and
Jordan Wu
NOES:None
ABSENT:David Shawver, Jamie Valencia and Erik Weigand
ABSTENTIONS:None
7.INDUSTRIAL CONTROL SYSTEMS FIREWALL UPGRADE 2026-5070
Originator: Wally Ritchie
A. Approve a Purchase Order Contract to ePlus Technology, Inc. for the purchase
of four Industrial Control System firewalls and professional services utilizing the
OMNIA Cooperative Purchasing Agreement, Contract No. R250307, for a total
amount not to exceed $476,442 (includes sales tax); and
B. Approve a contingency of $47,644 (10%).
AYES:Debbie Baker, Ted Bui, Jon Dumitru, Melinda Liu, Christine Marick,
Jose Medrano, Jordan Nefulda, Andrew Nguyen, Chad Wanke and
Jordan Wu
NOES:None
ABSENT:David Shawver, Jamie Valencia and Erik Weigand
ABSTENTIONS:None
Page 4 of 7
ADMINISTRATION
COMMITTEE
Minutes September 9, 2026
NON-CONSENT:
Committee Chairwoman Jamie Valencia arrived at the meeting at 5:07 p.m. during the
presentation for Item No. 8.
8.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF JULY AND
AUGUST 2026
2026-5045
Originator: Jennifer Cabral
Receive and file the Legislative Affairs Update for the months of July and August 2026.
9.WASTEWATER REFUNDING REVENUE OBLIGATIONS, SERIES
2026A
2026-4976
Originator: Wally Ritchie
Page 5 of 7
ADMINISTRATION
COMMITTEE
Minutes September 9, 2026
A. Adopt Resolution No. OC SAN 26-XX titled: “A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the execution and
delivery by the District of an Installment Purchase Agreement, a Trust
Agreement, a Purchase Agreement, a Continuing Disclosure Agreement and an
Escrow Agreement in connection with the Orange County Sanitation District
Wastewater Refunding Revenue Obligations, Series 2026A, authorizing the
execution and delivery of such Revenue Obligations evidencing principal in an
aggregate amount of not to exceed $60,000,000, approving a Notice of Intention
to Sell, authorizing the distribution of an Official Notice Inviting Bids and an
Official Statement in connection with the offering and sale of such Revenue
Obligations and authorizing the execution of necessary documents and related
actions”; and
B. That the Orange County Sanitation District Financing Corporation approve the
documents supporting and authorizing the Revenue Obligations in an aggregate
amount not to exceed $60,000,000.
AYES:Debbie Baker, Ted Bui, Jon Dumitru, Melinda Liu, Christine Marick,
Jose Medrano, Jordan Nefulda, Andrew Nguyen, Jamie Valencia,
Chad Wanke and Jordan Wu
NOES:None
ABSENT:David Shawver and Erik Weigand
ABSTENTIONS:None
10.SALE OF ENERGY CREDITS 2026-5029
Originator: Wally Ritchie
AYES:Debbie Baker, Ted Bui, Jon Dumitru, Melinda Liu, Christine Marick,
Jose Medrano, Jordan Nefulda, Andrew Nguyen, Jamie Valencia,
Chad Wanke and Jordan Wu
NOES:None
ABSENT:David Shawver and Erik Weigand
Page 6 of 7
ADMINISTRATION
COMMITTEE
Minutes September 9, 2026
ABSTENTIONS:None
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Valencia declared the meeting adjourned at 5:21 p.m. to the next Regular
Administration Committee meeting to be held on Wednesday, October 14, 2026 at 5:00 p.m.
Submitted by:
_____________________
Tania Moore, CMC
Assistant Clerk of the Board
Page 7 of 7
ADMINISTRATION COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4953 Agenda Date:10/14/2026 Agenda Item No:2.
FROM:Robert Thompson, General Manager
Originator: Jennifer Cabral, Director of Communications
SUBJECT:
PUBLIC AFFAIRS UPDATE FOR THE MONTH OF SEPTEMBER 2026
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Public Affairs Update for the month of September 2026.
BACKGROUND
Included in this report are recent activities of interest,managed by the Public Affairs Office during the
month of September 2026.
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 recognized leader in the water/wastewater
industry.Despite industry recognition,awareness among OC San customers may be limited
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 OC San’s responsibility to ensure that ratepayers understand the vital services we provide.
Many customers may not realize that improper waste disposal into the sanitation system can
adversely impact OC San sewer lines,reclamation plants,and the quality of water supplied by the
Groundwater Replenishment System (GWRS).By enhancing communication channels and fostering
understanding,we aim to bridge this gap and increase public understanding of OC San’s essential
services and the role the community plays in protecting public health and the environment.
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File #:2026-4953 Agenda Date:10/14/2026 Agenda Item No:2.
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 key programs such as the What2Flush program,energy production,
water recycling,biosolids,and the source control program.This,in turn,helps improve the quality of
wastewater that is recycled or released to the ocean,as well as public knowledge and understanding
of wastewater treatment.
RAMIFICATIONS OF NOT TAKING ACTION
Failing to inform the community,local agencies,and businesses about OC San may result in
insufficient support for our mission and hinder our effectiveness.
PRIOR COMMITTEE/BOARD ACTIONS
May 2026 - Received and filed the Public Affairs Strategic Plan for Fiscal Years 2026-2028.
ADDITIONAL INFORMATION
Activities for this Reporting Period (August 21- September 20):
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.
Internal Communication and Employee Engagement
Internal Communication
Over the course of the reporting month,there were 16 posts on the employee intranet -The San Box,
and four emails were distributed to staff on relevant weekly topics through our Three Things to Know
email.
VPP Celebration
On September 15,OC San held a Voluntary Protection Program (VPP)Celebration at Plant No.2 to
recognize and acknowledge the collective efforts of all employees who contributed to this
achievement.This recognition from Cal/OSHA reinforces OC San’s strong safety culture,employee
engagement, and commitment to maintaining a safe workplace.
Public Awareness and Education
Tours and Presentations
During this reporting period OC San staff hosted five tours welcoming various groups including
Whittier Christian High School,Cypress High School,a public tour,members of the Grand Jury,and
attendees from the State of OC San event.OC San staff joined Orange County Coastkeeper for
Coastal Cleanup Day by hosting a booth and coordinating a group of volunteers for the beach
cleanup.
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File #:2026-4953 Agenda Date:10/14/2026 Agenda Item No:2.
Library Program
OC San’s library program continued with its goal of reaching a younger audience by partnering with
local libraries to provide age-appropriate programs that promote environmental awareness and
career exploration.During the reporting period,OC San brought the ‘Tools of Trade’Workshop to the
City of Orange Public Library where attendees had the opportunity to learn directly from OC San staff
about careers in wastewater.
Media and Digital Communications
Social Media
OC San messaging,announcements,and program updates are posted across OC San’s social
media platforms featuring a variety of topics such as introduction of our new mascot,career
opportunities,and other OC San programs and initiatives.Our social media handle is
@OCSanDistrict.
·Facebook: 17 posts reaching 8,527 people
·Instagram: 17 posts reaching 23,665 people
·LinkedIn: 4 posts reaching 2,223 people
·X: 13 posts reaching 509 people
Brand Management and Creative Services
Steven the Sewer Pipe
OC San’s mascot continues to be incorporated into educational materials and social media making
more appearances to draw interest and helping communicate OC San’s work in an engaging and
accessible way.
Government and Legislative Affairs
State of OC San
The annual State of OC San took place on Friday,September 18 at OC San Headquarters.The
event featured Troy Edgar,Deputy Secretary of the Department of Homeland Security,as the
distinguished guest speaker.It also hosted community members,and local,state,and federal
dignitaries to learn about OC San’s recent accomplishments.
Annual Report
OC San’s 2025-2026 Annual Report,Connecting People,Projects,and Purpose highlights the year’s
accomplishments including managing more than 80 active Capital Improvement Program projects,
two innovative technologies that transform how biosolids are managed -Supercritical Water
Oxidation (SCWO)and Deep Well Injection,the Pretreatment Honor Roll Program,our financial
standing, outreach efforts, and much more.
Capital Project and Construction Outreach
Community Outreach Update
Outreach efforts for OC San construction activities are ongoing in the cities of Orange,Tustin,Santa
Ana,Costa Mesa,Cypress,Los Alamitos,La Palma,Seal Beach,Huntington Beach,and Newport
Beach.Project updates were shared during this reporting period through our website,email alerts,
text alerts,and direct notifications reaching over 9,000 members of the public.OC San also worked
with the respective cities to share construction updates via city publications.For details on each
project, visit www.ocsan.gov/construction.
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File #:2026-4953 Agenda Date:10/14/2026 Agenda Item No:2.
General Manager and Executive Support
VIP Tours and Presentations
OC San General Manager Rob Thompson provided a tour to the Grand Jury.A presentation was
also given by Director Jamie Valenica and staff to a group in Fullerton highlighting all of OC San’s
efforts to protect public health and the environment.
Activities Planned for the Next Reporting Period:
Presentations & Outreach
During the next reporting period,OC San is scheduled to host seven tours and attend the Orange
County Water Summit,the Cypress Community Festival,and the Healthy Living Expo in Irvine.Staff
will also participate in a Women in Water Panel for the OC Water Association.
Construction Outreach
Outreach efforts will continue for various construction projects including:the Bay Bridge Pump
Station and Force Mains project in Newport Beach,the Taft Avenue Sewer Improvement Project in
Orange,the Cypress Trunk Sewer project in Cypress,Los Alamitos,and La Palma,and the Santa
Ana Trunk Sewer project in Santa Ana.
OC San Connection Newsletter
The fall issue of the Community Newsletter will be published and distributed in late September.Past
issues can be found at www.ocsan.gov/newsletter.
Member Agency Outreach Toolkit
This quarter’s toolkit will include our new video library with holiday specific material for the upcoming
season.The toolkit will be shared with our member agencies to distribute on their communication
channels.
CEQA
N/A
FINANCIAL CONSIDERATIONS
All items mentioned are included in OC San’s FY 2026-27 and FY 2027-28 Budget.
ATTACHMENTS
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Outreach and Media Report - September 2026
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Outreach and Media
Summary
September 2026
(August 21- September 20)
OC San Public Af fair s Offic e
Table of Contents
OUTREACH REPORT…………………………………………………………PAGES 1-2
FACEBOOK POSTINGS …………………………………………….............PAGE 3
X POSTINGS …………………………………………………………………..PAGE 4
INSTAGRAM POSTINGS……………………………………………………..PAGE 5
LINKEDIN POSTINGS…………………………………………………………PAGE 6
NEWS ARTICLES………………………………………………………………PAGE 7
Outreach Report: August 21 - September 20, 2026
Date Tours Attendees
9/08/26 Public Tour 9 Eric Halverson
9/09/26 Cypress High School 34 Andy DaSilva
9/12/26 Bassett Adult School 5 Shabbir Basrai
9/15/26 Grandy Jury 20 Rob Thompson
9/18/26 State of OC San Tour 25 Mike Dorman
Date Speaking Engagements/Events Attendees
8/22/26 Morningside of Fullerton Presentation 17 Director Valencia Rebecca Long
9/08/26 Below and Beyond Library Program: Tools of the Trade
Workshop in the City of Orange
5 Belen Carrillo/ Donald Herrera/
Valerie Ratto
9/15/26 Coastkeeper Coastal Cleanup Day 70 Becky Polcyn/Valerie Ratto/Carrie Robles
9/18/26 State of OC San 150 Rob Thompson
Project Area Outreach Notifications # of People Reached
Orange Taft Ave. Sewer Improvement Project
paving work on Meats Ave.
57 page views 1,500 notices distributed
611 email subscribers
2 website posts 1 printed notice
1 email alert
Cypress
Cypress Trunk Sewer Project bypass installation and pipe bursting
169 page views
1,000 notices distributed 466 email subscribers
2 website posts
1 printed notice 2 email alerts
Santa Ana Santa Ana Trunk Sewer Rehabilitation Project
upcoming work on Alton Ave.
121 page views 308 email subscribers 2 website posts 2 email alerts
External
Communications Distribution # of People Reached
Board Member Talking Points One 50
Website Posts 4 posts 107 views
Facebook 17 posts 8.5k reached
X 13 posts 509 reached
Instagram 17 posts 23.6k reached
LinkedIn 4 posts 2.2k reached
Post performance - Facebook Pages
Data from 21 Aug, 2026 to 20 Sep, 2026
Sources
Orange County Sanitation DistrictOD
Orange County Sanitation
District
Sep 18, 22:58OD (Post with no description)128 61.54%11 437
Orange County Sanitation
District
Sep 18, 20:30OD A year of projects, people, and purpose 💧 Our 2025-26 Annual Report
takes a look at the work, ideas, and people behind OC San and how they all
come together to make a difference for our community. See what’s been…
21 8.79%5 339
Orange County Sanitation
District
Sep 15, 17:10OD From cybersecurity to tech support and data management, we couldn’t do
it without our IT pros! Happy National IT Appreciation Day! 🫡💻23 33.82%4 100
Orange County Sanitation
District
Sep 14, 16:10OD Steven the Sewer Pipe is on the move! Next stop: OC San’s construction
sites 🚧 Our mascot decided to explore what our Capital Improvement
Program is all about for Construction Appreciation Week! Check out som…
88 10.99%12 1,248
Orange County Sanitation
District
Sep 12, 17:01OD Traffic alert ⚠ As part of the Santa Ana Trunk Sewer Rehabilitation project,
the westbound lane of Alton Avenue between Fairview and Susan Streets
will be closed starting Monday, September 14, and last up to five months.…
8 1.79%3 712
Orange County Sanitation
District
Sep 09, 16:30OD Nights, weekends, holidays… no matter when, we’re here for you (and your
wastewater)😎 OC San operates 24/7 to ensure your wastewater keeps
flowing.
58 2.71%17 3,044
Orange County Sanitation
District
Sep 08, 16:15OD Just the 3 P's, please 🧻 Protect private, local, and regional sewer pipes by
sticking to the 3 P's: pee, poop, and toilet paper! Your pipes (and the sewer
system) will thank you. Learn more about what belongs down the drain a…
🚽
4 1.72%2 314
Orange County Sanitation
District
Sep 08, 14:10OD The OC San Administration Committee Meeting (5 PM) will be happening on
Wednesday, September 9. You can view the agenda here:3 5.17%1 127
Orange County Sanitation
District
Sep 04, 16:30OD But for the record, we're OC San. You would know that if you came on a
tour 😉 Sign up when you're ready at ocsan.gov/tours ✨116 9.44%21 1,634
Orange County Sanitation
District
Sep 01, 16:20OD Your next career opportunity awaits 🛠🔬⚙ Join the team that keeps
things flowing at ocsan.gov/careers. *Open positions posted in August 2026 11 4.42%2 390
Orange County Sanitation
District
Aug 31, 14:26OD The OC San Operations Committee Meeting (5 PM) will be happening on
Wednesday, September 2. You can view the agenda here:4 5.97%2 117
Orange County Sanitation
District
Aug 30, 16:10OD Beach ready, all the time 🏝⛱ 🌊 Our Ocean Monitoring Team collects
weekly water samples along 21 miles of shoreline, keeping it safe, clean,
and always ready for you to enjoy. #NationalBeachDay
8 4.44%5 301
Orange County Sanitation
District
Aug 28, 16:20OD Trickling Filter Media Replacement 🤝 Cool Crane Pics Our Plant No. 1
Trickling Filters are in the middle of an upgrade! We're replacing the media
inside these structures, where wastewater trickles over materials that are…
61 12.84%8 750
Orange County Sanitation
District
Aug 26, 16:01OD Your TP called. It wants to work at OC San. 🧻 Happy National Toilet Paper
Day to one of our favorite 3 P's!33 6.67%10 637
Orange County Sanitation
District
Aug 24, 16:01OD 1 foot. 90% accuracy 📏71 4.88%11 1,765
Orange County Sanitation
District
Aug 24, 14:08OD The OC San Steering Committee Meeting (5 PM) and Board of Directors
Meeting (6 PM) will be happening on Wednesday, August 26. You can view
the agenda here:
4 5%1 132
Orange County Sanitation
District
Aug 21, 16:01OD A quick break from your regularly scheduled programming ✈27 20.77%14 218
DATE POST ENGAGEMENT ENGAGEMENT RATE LIKES VIEWS
3
Post performance - X
Data from 21 Aug, 2026 to 20 Sep, 2026
Sources
@OCSanDistrict@
@OCSanDistrict
Sep 18, 20:30@ A year of projects, people, and purpose 💧 Our 2025-26 Annual Report
takes a look at the work, ideas, and people behind OC San and how they all
come together to make a difference for our community. See what’s been…
0%0 31
@OCSanDistrict
Sep 15, 17:10@ From cybersecurity to tech support and data management, we couldn’t do
it without our IT pros! Happy National IT Appreciation Day! 🫡💻 https://t
witter.com/OCSanDistrict/status/2099908613519081876/video/1
0%0 37
@OCSanDistrict
Sep 14, 16:10@ Steven the Sewer Pipe is on the move! Next stop: OC San’s construction
sites for Construction Appreciation Week 🚧 Check out some of the cool
projects we’re working on and join Steven in the action at https://ocsan.g…
20%6 30
@OCSanDistrict
Sep 12, 17:00@ Traffic alert ⚠ As part of the Santa Ana Trunk Sewer Rehabilitation project,
the westbound lane of Alton Avenue between Fairview and Susan Streets
will be closed starting Monday, September 14. Learn more about the…
4.76%3 63
@OCSanDistrict
Sep 09, 16:30@ Nights, weekends, holidays… no matter when, we’re here for you (and your
wastewater)😎 OC San operates 24/7 to ensure your wastewater keeps
flowing. https://twitter.com/OCSanDistrict/status/2097724224001483055…
0%0 34
@OCSanDistrict
Sep 08, 16:15@ Just the 3 P's, please 🧻 Protect private, local, and regional sewer pipes by
sticking to the 3 P's: pee, poop, and toilet paper! Your pipes (and the sewer
system) will thank you. Learn more about what belongs down the drain a…
🚽
2.17%1 46
@OCSanDistrict
Sep 04, 16:30@ But for the record, we're OC San. You would know that if you came on a
tour 😉 Sign up when you're ready at https://ocsan.gov/tours ✨ https://tw
itter.com/OCSanDistrict/status/2095912280084922749/video/1
0%0 32
@OCSanDistrict
Sep 01, 16:20@ Your next career opportunity awaits 🛠🔬⚙ Join the team that keeps
things flowing at https://ocsan.gov/careers. *Open positions posted in
August 2026 https://twitter.com/OCSanDistrict/status/209482265366415…
6.06%2 33
@OCSanDistrict
Aug 30, 16:10@ Beach ready, all the time 🏝⛱ 🌊 Our Ocean Monitoring Team collects
weekly water samples along 21 miles of shoreline, keeping it safe, clean,
and always ready for you to enjoy. #NationalBeachDay https://twitter.co…
2.04%1 49
@OCSanDistrict
Aug 28, 16:20@ Trickling Filter Media Replacement 🤝 Cool Crane Pics Our Plant No. 1
Trickling Filters are in the middle of an upgrade! We're replacing the media
inside these structures, where wastewater trickles over materials that are…
8.82%3 34
@OCSanDistrict
Aug 26, 16:00@ Your TP called. It wants to work at OC San. 🧻 Happy National Toilet PaperDay to one of our favorite 3 P's! https://twitter.com/OCSanDistrict/status/2092643341498233064/video/1 4.65%2 43
@OCSanDistrict
Aug 24, 16:00@ 1 foot. 90% accuracy 📏 https://twitter.com/OCSanDistrict/status/2091918
471533597079/video/1 0%0 38
@OCSanDistrict
Aug 21, 16:00@ A quick break from your regularly scheduled programming ✈ https://twitt
er.com/OCSanDistrict/status/2090831318250578098/video/1 0%0 39
DATE POST ENGAGEMENT RATE ENGAGEMENTS IMPRESSIONS
4
Post performance - Instagram Business
Data from 21 Aug, 2026 to 20 Sep, 2026
Sources
ocsandistrictO
ocsandistrict
Sep 19, 16:23O These ladies mean business! Stop by our booth at Coastal Cleanup Day!0%0 190
ocsandistrict
Sep 18, 20:30O A year of projects, people, and purpose 💧 Our 2025-26 Annual Report
takes a look at the work, ideas, and people behind OC San and how they all
come together to make a difference for our community. See what’s been…
8.45%18 213
ocsandistrict
Sep 15, 17:10O From cybersecurity to tech support and data management, we couldn’t do
it without our IT pros! Happy National IT Appreciation Day! 🫡💻2.61%32 1,840
ocsandistrict
Sep 14, 16:12O Steven the Sewer Pipe is on the move! Next stop: OC San’s construction
sites 🚧 Our mascot decided to explore what our Capital Improvement
Program is all about for Construction Appreciation Week! Check out som…
10.09%40 436
ocsandistrict
Sep 12, 17:02O Traffic alert ⚠ As part of the Santa Ana Trunk Sewer Rehabilitation project,
the westbound lane of Alton Avenue between Fairview and Susan Streets
will be closed starting Monday, September 14, and last up to five months.…
0.55%13 3,471
ocsandistrict
Sep 12, 16:05O (No description)0%0 215
ocsandistrict
Sep 12, 16:05O (No description)0%0 223
ocsandistrict
Sep 09, 16:31O Nights, weekends, holidays… no matter when, we’re here for you (and your
wastewater)😎 OC San operates 24/7 to ensure your wastewater keeps
flowing.
4.36%113 2,730
ocsandistrict
Sep 08, 16:17O Just the 3 P's, please 🧻 Protect private, local, and regional sewer pipes by
sticking to the 3 P's: pee, poop, and toilet paper! Your pipes (and the sewer
system) will thank you. Learn more about what belongs down the drain a…
🚽
3.45%6 174
ocsandistrict
Sep 04, 16:30O But for the record, we're OC San. You would know that if you came on a
tour 😉 Sign up when you're ready at ocsan.gov/tours ✨6.8%49 1,103
ocsandistrict
Sep 01, 16:20O Your next career opportunity awaits 🛠🔬⚙ Join the team that keeps
things flowing at ocsan.gov/careers. *Open positions posted in August 2026 3.16%14 474
ocsandistrict
Aug 30, 16:10O Beach ready, all the time 🏝⛱ 🌊 Our Ocean Monitoring Team collects
weekly water samples along 21 miles of shoreline, keeping it safe, clean,
and always ready for you to enjoy. #NationalBeachDay
6.42%33 639
ocsandistrict
Aug 28, 16:20O Trickling Filter Media Replacement 🤝 Cool Crane Pics Our Plant No. 1
Trickling Filters are in the middle of an upgrade! We're replacing the media
inside these structures, where wastewater trickles over materials that are…
7.61%28 381
ocsandistrict
Aug 26, 21:51O Dogs know no county lines! 🐶🐾 OC San and @sandistricts are putting the
paw in pawrtnership by coming together for our four-legged friends and a
communication brainstorming session. Happy National Dog Day!
5.73%171 3,789
ocsandistrict
Aug 26, 16:01O Your TP called. It wants to work at OC San. 🧻 Happy National Toilet Paper
Day to one of our favorite 3 P's!6.78%22 516
ocsandistrict
Aug 24, 16:01O 1 foot. 90% accuracy 📏1.96%97 6,071
ocsandistrict
Aug 21, 16:02O A quick break from your regularly scheduled programming ✈5.68%73 1,533
DATE POST ENGAGEMENT RATE LIKES REACH
5
Post performance - LinkedIn Pages
Data from 21 Aug, 2026 to 20 Sep, 2026
Sources
Orange County Sanitation DistrictOD
Orange County Sanitation
District
Aug 24, 17:19OD OC San’s Reclamation Plant No. 2 has achieved Cal/VPP STAR status, the
highest level of recognition for workplace safety and health management!
With Plant No. 1 earning the designation in 2023, this achievement reflect…
7.64%1,545 71 2
Orange County Sanitation
District
Sep 01, 16:20OD Your next career opportunity awaits 🛠🔬⚙ Join the team that keeps
things flowing at ocsan.gov/careers. *Open positions posted in August 2026 5.49%856 5 3
Orange County Sanitation
District
Sep 18, 20:30OD A year of projects, people, and purpose 💧 Our 2025-26 Annual Report
takes a look at the work, ideas, and people behind OC San and how they all
come together to make a difference for our community. See what’s been…
5.36%504 9 1
Orange County Sanitation
District
Sep 02, 21:43OD OC San has once again received the Distinguished Budget Presentation
Award from the Government Finance Officers Association for the fiscal
years 26-27 and 27-28 budget! This award is the highest form of…
3.4%617 16 1
DATE POST ENGAGEMENT RATE IMPRESSIONS REACTIONS SHARES
6
Article Date Source Link
Arizona Yanks Yuma Land Leases From Firm
Spreading California Sewage Sludge 9/12/2026 Hoodline
https://hoodline.com/2026/09/arizona-yanks-
yuma-land-leases-from-firm-spreading-
california-sewage-sludge/
Costa Mesa Sanitary District mourns passing
of former director Jim Ferryman, 78 9/15/2026 LA Times/Daily Pilot
https://www.latimes.com/socal/daily-
pilot/news/story/2026-09-15/costa-mesa-
sanitary-district-mourns-former-director-jim-
ferryman-78
Media Articles September
7
ADMINISTRATION COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-5047 Agenda Date:10/14/2026 Agenda Item No:3.
FROM:Robert Thompson, General Manager
Originator: Jennifer Cabral, Director of Communications
SUBJECT:
LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF SEPTEMBER 2026
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Legislative Affairs Update for the month of September 2026.
BACKGROUND
The Orange County Sanitation District’s (OC San)legislative affairs program includes advocating for
policy and legislative priorities,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 ongoing legislative engagement,elected officials may not be aware of OC San’s mission,
programs,and projects,or how proposed legislation may impact OC San operations and
infrastructure planning.
PROPOSED SOLUTION
Continue to work with Local,State,and Federal officials to advocate for OC San’s interests and help
identify,monitor,and respond to legislation and grant opportunities that benefit OC San,the
wastewater industry,and the community.To strengthen relationship building efforts,OC San will
continue to engage elected officials through facility tours,one-on-one meetings,and outreach trips to
Washington D.C. and Sacramento.
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File #:2026-5047 Agenda Date:10/14/2026 Agenda Item No:3.
RAMIFICATIONS OF NOT TAKING ACTION
If OC San does not actively engage with Local,State,and Federal elected officials,legislation could
be enacted that adversely impacts OC San and the wastewater industry.Additionally,a lack of
engagement may result in missed funding opportunities.
ADDITIONAL INFORMATION
Activities in September:
State Bill Positions
In line with our 2026 Legislative and Regulatory Plan, OC San submitted three position letters to the
Governor:
·Assembly Bill (AB) 2180 (Ward): Proposition 218 Omnibus Implementation Act -
Request for the Governor’s Signature
The Proposition 218 Omnibus Implementation Act provides important clarification on how local
governments may demonstrate compliance with constitutional requirements governing
property related service charges.AB 2180 clarifies that agencies may use reasonable
methods,supported by existing or reasonably estimated data,to allocate service costs among
parcels.It also confirms that agencies are not required to calculate exact parcel-by-parcel
costs and may use uniform or tiered fees for customer classes based on factors such as land
use, parcel improvements, or peak demand.
·AB 2777 (House Environmental Safety and Toxic
Materials Committee):Clean Water State Revolving Fund -Request for the Governor’s
Signature
AB 2777 makes important changes to California water quality law that will provide the State
Water Resources Control Board with greater flexibility to administer the Clean Water State
Revolving Fund (CWSRF),while clarifying the definition of incidental runoff for recycled water
uses.
This bill would authorize the State Water Board,when administering CWSRF loans,to assess
a fee in lieu of interest for financial assistance services.The fee could not exceed the amount
of interest that otherwise would have been charged.This approach would give the State Water
Board greater flexibility in administering the program.It could also help stabilize and
potentially increase CWSRF resources while maintaining attractive,below-market financing for
critical water quality infrastructure.
·AB 1621 (Wilson):Planning and Zoning Law:Post entitlement Phase Permits:Housing
Accountability Act - Request for the Governor to Veto
The bill limits residential building permit applications to two rounds of plan review and restricts
agencies’ability to require corrective action or issue stop-work orders when problems are
identified during construction.
The opportunity to review plans provides an important opportunity to evaluate utility capacity,
system impacts,environmental compliance,and other project specific considerations before
deficiencies become costly or difficult to correct.These reviews serve an important function in
Orange County Sanitation District Printed on 10/5/2026Page 2 of 4
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File #:2026-5047 Agenda Date:10/14/2026 Agenda Item No:3.
deficiencies become costly or difficult to correct.These reviews serve an important function in
protecting public health,safety,and welfare,and evaluating project-specific utility capacity and
environmental compliance.
State of OC San
·The annual State of OC San took place on Friday,September 18,at OC San Headquarters,
welcoming approximately 150 attendees.The event hosted local,state,and federal
dignitaries and provided an update on OC San,its accomplishments,and the future direction
of the agency.This year,OC San was honored to have former OC San Board Chair and
current Deputy Secretary Troy Edgar of the United States Department of Homeland Security
as a guest speaker.Deputy Secretary Edgar shared updates on national issues that may
affect agencies with critical infrastructure, such as OC San.
Upcoming Activities in October:
2027 Legislative and Regulatory Plan
·The Legislative and Regulatory Plan is updated on an annual basis to ensure it coincides with
the best interest of OC San.The draft plan for 2027,which is attached to this agenda,is
based on feedback received from resident experts,industry contacts,and the Board over the
last several months.The final plan will be submitted to the Committee and Board of Directors
in November for final adoption.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
CEQA
N/A
FINANCIAL CONSIDERATIONS
All items mentioned are included in OC San’s FY 2026-27 Adopted Budget.
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 Update
·2027 Draft Legislative & Regulatory Plan
·AB 2180 Sign Request
·AB 2180 Bill Text
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·AB 2777 Sign Request
·AB 2777 Bill Text
·AB 1621 Veto Request
·AB 1621 Bill Text
·Presentation - 2027 Draft Legislative and Regulatory Plan
·Presentation - Federal Legislative Update
Orange County Sanitation District Printed on 10/5/2026Page 4 of 4
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1 | P a g e
TO: Orange County Sanitation District
FROM: Eric Sapirstein
DATE: September 21, 2026
SUBJECT: Washington Update
Following the summer recess, Congress returned on September 14 to advance
remaining legislative priorities ahead of the midterm elections. However, this was
cut short as Republican leadership announced the House would recess starting
September 18. This means the House will be on recess for the next seven weeks. The
Senate remains in session until the end of September. As a result, legislative actions
were minimal. In general, the legislative activity centered on preparing for the
Lame Duck Session when legislation that remains on hold will command
congressional attention and House passage of the Water Resources Development
Act (WRDA).
The following summarizes the status of pending legislative matters of interest to OC
San.
WRDA of 2026
One of the final actions before recess, the House passed WRDA (H.R. 9497) on an
overwhelming bipartisan basis of 415-9. The Senate has yet to schedule Floor action
for its WRDA (S. 4949). Due to the differences between the two bills, the House and
Senate committee staff are expected to start reviewing the respective bills to
identify areas of agreement before a formal conference committee convenes in
November. Central to the expected discussions are Senate provisions renewing the
Clean Water and Safe Drinking Water Acts’ infrastructure funding programs, as well
as cybersecurity provisions to enhance the Water Information Sharing Analysis
Center (Water ISAC). Of special note is a provision in the S. 4949 that would make
wastewater agencies explicitly eligible to participate in Water ISAC. In addition to
these policy issues, it is possible Senator Adam Schiff could seek to amend S. 4949
with his recently introduced cybersecurity legislation that would impose a series of
new mandates on the water sector through the Clean Water and Safe Drinking
Water Acts. It is important to note that key water sector trade associations have not
taken a position on the Schiff cybersecurity bill.
2 | P a g e
The bill, S. 5368, would require new monitoring and reporting requirements as well
as implementation of more robust resilience planning. Whether Schiff proceeds
with an effort to amend WRDA remains an open question, but failing this action,
reintroduction would occur next Congress.
Fiscal Year 2027 Appropriations: EPA and U.S. Bureau of Reclamation Programs
Before recessing for August, Congress gave final passage to a Continuing Resolution
(CR), ending speculation on whether a government shutdown would occur on
October 1. The action means that when Congress returns to work after the mid-
term elections, it will have until December 11 to finalize Fiscal Year 2027 spending
bills. As part of the CR, Congress included language prohibiting the implementation
of an Office of Management and Budget rule that would place final decisions on
agency grants awards in the hands of political appointees.
The outcome the elections determining which party controls either chamber will
have a significant influence on finding common ground to pass a compromise
spending package. However, the pressure to pass an agreement to ensure the
enactment of earmarks and ensure that general program priorities are identified are
considered incentives to reach a compromise that would avoid the loss of directed
project spending and ensure that federal agencies have clear directives on how to
spend the funding.
House Democrats Unveil Economic and Environmental Policy Menu
House Democrats, working with the Sustainable Energy and Environment Coalition
(SEEC) Institute, unveiled a comprehensive policy report entitled, the Thriving
Economy Project. The report identifies over 800 policy options for Congress to
consider to respond to economic and environmental policy challenges during the
120th Congress. The report represents the most comprehensive proposal from
congressional Democrats as to how they would govern next Congress if they regain
control. It is an aspirational document and not a guaranteed framework for what
policies Congress would consider next year.
The report spans nine chapters, each dedicated to a specific policy problem
category. This includes addressing the backlog of water and wastewater
infrastructure investment ranging from federal funding and planning, water
supplies, affordability and cybersecurity. Additionally, recognizing wastewater and
water infrastructure are critical infrastructure, the report also focuses on the need
to increase federal investment to improve system resiliency to ensure continued
operations during natural disasters.
OC San Federal Legislative Update
September 2026
FEDERAL - 119TH CONGRESS
H.R. 2766
Special District Fairness and
Accessibility Act
No Priority No Stance
The bill requires the Office of Management and Budget to AI Summary:
issue guidance recognizing special districts as local governments for
federal financial assistance eligibility, with agencies required to
implement and report on compliance within specified timeframes.
04/09/2025Introduced:
Rep. Pat Fallon TX-04Sponsor:
Latest Actions:
03/18/2026 - Ordered to be Reported (Amended) by the Yeas and Nays:
32 - 8.
03/18/2026 - Committee Consideration and Mark-up Session Held
04/09/2025 - Referred to the House Committee on Oversight and
Government Reform.
House Oversight and Government Reform CommitteeCommittees:
FEDERAL - 119TH CONGRESS
H.R. 9497
Water Resources
Development Act of 2026
Pro Title: WRDA Revisions
No Priority No Stance
The Water Resources Development Act of 2026 AI Summary:
authorizes improvements to U.S. rivers and harbors, establishes new
offices within the Corps of Engineers for inland navigation, water supply,
technical assistance, and alternative delivery methods, and includes
provisions for contaminated sediment remediation, categorical
permissions, and electronic permit tracking.
06/29/2026Introduced:
Rep. Sam Graves MO-06Sponsor:
Latest Actions:
09/17/2026 - Received in the Senate.
09/16/2026 - Motion to reconsider laid on the table Agreed to without
objection.
09/16/2026 - On motion to suspend the rules and pass the bill, as
amended Agreed to by the Yeas and Nays: (2/3 req...
House Transportation and Infrastructure Committee, Committees:
House Transportation and Infrastructure Committee Water Resources
and Environment Subcommittee
H.R. 9497 is the House counterpart to S. 4949. Unlike S. 4949, H.R. Why it matters:
9497 is a U.S. Army Corps of Engineers centric bill with no clean water provisions.
:Outlook H.R. 9497 must be reconciled with S. 4949 later in the Lame Duck
Session,. It is highly likely that the bill's lack of clean water infrastructure
funding provisions will be a key focus of any conference committee
negotiations on a final compromise bill. Senate support for water infrastructure
needs funding is likely to prevail during any conference committee negotiations.
S. 4949 includes renewal of key water infrastructure programs including Why it matters:
the Clean Water State Revolving Loan Fund program at $3.5 billion annually. The bill
also includes provisions to extend programs to fund alternative water supply projects
including water recycling. The bill also provides for renewal of water cyber security
provisions known as Water ISAC Program that promotes information sharing among
water sector agencies, S. 4949 represents the vehicle to maintain a federal
partnership with local clean water agencies.
Outlook: S. 4949 is expected to receive Senate floor debate during the Lame
Duck Session and serve as the bill to compromise with the House counterpart.
It is expected that the infrastructure provisions will be agreed upon as part of
any final agreement.
FEDERAL - 119TH CONGRESS
S. 4603
Summary: S. 4603 would create a pilot program to investigate the
availability of control and eradication technologies to address the
growing threats from the Golden Mussel. A task force would be created
FEDERAL - 119TH CONGRESS
S. 4949
Water Resources
Development Act of 2026
No Priority No Stance
The Water Resources Development Act of 2026 AI Summary:
authorizes improvements to U.S. rivers and harbors, promotes water
resource conservation, and includes provisions for studies,
deauthorizations, and infrastructure development across multiple
regions.
07/13/2026Introduced:
Sen. Shelley Moore Capito WVSponsor:
Latest Actions:
07/15/2026 - POLITICO Pro - The Senate Environment and Public
Works Committee unanimously approved legislation Wednesday to
authori...
07/15/2026 - Placed on Senate Legislative Calendar under General
Orders. Calendar No. 457.
07/15/2026 - Committee on Environment and Public Works. Reported by
Senator Capito with an amendment in the nature ...
Senate Environment and Public Works CommitteeCommittees:
Golden Mussel Eradication
and Control Act of 2026
No Priority No Stance
to develop the demonstration program that would conduct R&D into
impacts upon fisheries, water quality, and ecosystems. The task force
would also support development of control and eradication methods and
plans to address impacts upon public infrastructure among other
matters. The program would be targeted to Sacramento-San Joaquin
Delta and other waters as determined by the task force.
05/20/2026Introduced:
Sen. Adam Schiff CASponsor:
Latest Actions:
05/20/2026 - Read twice and referred to the Committee on Environment
and Public Works.
05/20/2026 - Introduced in Senate
Senate Environment and Public Works CommitteeCommittees:
Why it matters: S.4603 is the Senate approach to the investigation and
mitigation efforts to address the invasive Golden Mussel that threatens
wastewater and water agencies' infrastructure. S. 4603 is similar to H.R.3717
introduced by Harder (D-CA).
Outlook: Senate action on the bill is considered highly likely either as a stand
alone measure or incorporation into a broader Water Resources Development
Act or Clean Water/Safe Drinking Water Acts reauthorization.
The legislation would provide important protection to water and wastewater Why it matters:
agencies against third party litigation seeking to secure cost contributions for cleanups that
FEDERAL - 119TH CONGRESS
H.R. 1267
Water Systems PFAS Liability
Protection Act
High Priority Support
The Water Systems PFAS Liability Protection Act AI Summary:
exempts water and wastewater treatment facilities from CERCLA liability
for releases of certain perfluoroalkyl and polyfluoroalkyl substances,
provided they comply with applicable laws and regulations.
02/12/2025Introduced:
Rep. Marie Gluesenkamp Perez WA-03Sponsor:
Latest Actions:
02/12/2025 - Referred to the Subcommittee on Water Resources and
Environment.
02/12/2025 - Referred to the Committee on Energy and Commerce, and
in addition to the Committee on Transportation an...
02/12/2025 - Referred to the Committee on Energy and Commerce, and
in addition to the Committee on Transportation an...
House Energy and Commerce Committee, House Committees:
Transportation and Infrastructure Committee, House Transportation and
Infrastructure Committee Water Resources and Environment
Subcommittee
involve PFAS contamination. Absent an explicit liability protection provision such agencies
would be exposed to liability simply because an agency treated water and wastewater that
contained PFAS chemicals and disposed of residuals and biosolids.
Outlook: H.R. 1267 represents a placeholder bill to address the water sector's concerns
over the potential liability created by USEPA's designation of PFAS as a hazardous
substance under CERCLA. Both the House and Senate committees with jurisdiction over
CERCLA have expressed interest in addressing PFAS liability. We expect that
congressional action could later this summer on H.R. 1267 or other initiatives that would
address nuisance litigation.
FEDERAL - 119TH CONGRESS
H.R. 1285
Water Infrastructure
Subcontractor and Taxpayer
Protection Act of 2025
No Priority No Stance
Summary: H.R. 1285 would amend the Water Infrastructure Finance
and Innovation Act of 2014. The key points: Payment and Performance
Security Requirements: The bill establishes new requirements for
payment and performance security for projects funded under the act.
Project Funding: Ensure that projects financed through the Water
Infrastructure Finance and Innovation Act have adequate financial
safeguards.
02/13/2025Introduced:
Rep. Mike Bost IL-12Sponsor:
Latest Actions:
02/13/2025 - Referred to the Subcommittee on Water Resources and
Environment.
02/13/2025 - Referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Ene...
02/13/2025 - Referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Ene...
House Energy and Commerce Committee, House Committees:
Transportation and Infrastructure Committee, House Transportation and
Infrastructure Committee Water Resources and Environment
Subcommittee
FEDERAL - 119TH CONGRESS
H.R. 2269
WIPPES Act
High Priority Support
Summary: H.R. 2269 would direct the Federal Trade Commission to
estabilsh federal "Do Not Flush" labeling requirements for nonflushable
wet wipes packaging. The labeling requirements would be enacted one
year after the bill's enactment. The bill mirrors California's state labeling
law and is supported by clean water, industry, environmental advocates,
and civil engineer stakeholders. Senate companion legislation is S. 1092.
03/21/2025Introduced:
Rep. Lisa McClain MI-09Sponsor:
Latest Actions:
06/24/2025 - Received in the Senate.
06/23/2025 - Motion to reconsider laid on the table Agreed to without
objection.
06/23/2025 - On motion to suspend the rules and pass the bill Agreed to
by voice vote. (text: CR H2852-2853)
House Energy and Commerce CommitteeCommittees:
H.R. 2269 provides a source control solution to the problem of the flushing Why it matters:
of nonflushable wipes that will reduce costs associated with fixing damaged treatment
infrastructure for wastewater utilities. The labeling requirements compliment existing "Do Not
Flush" labeling state law. Rep. Lou Correa is a co-sponsor. OC San continues to publicly
support the effort and has sent support letters to the delegation this Congress.
Outlook: Final passage of the WIPPES Act is anticipated with the House accepting the
Senate passed version to avoid the need for a formal conference committee that would
delay final enactment. (see S. 1092 below)
FEDERAL - 119TH CONGRESS
S. 1092
WIPPES Act
High Priority Support
Summary: S.1092 would direct the Federal Trade Commission to
estabilsh federal "Do Not Flush" labeling requirements for nonflushable
wet wipes packaging. The labeling requirements would be enacted one
year after the bill's enactment. The bill mirrors California's state labeling
law and is supported by clean water, industry, environmental advocates,
and civil engineer stakeholders. House companion legislation is HR
2269.
03/24/2025Introduced:
Sen. Jeff Merkley ORSponsor:
Latest Actions:
03/24/2026 - Held at the desk.
03/24/2026 - Received in the House.
03/24/2026 - Message on Senate action sent to the House.
Senate Commerce, Science and Transportation Committees:
Committee
S. 1092 provides a source control solution to the problem of the flushing of Why it matters:
nonflushable wipes that will reduce costs associated with fixing damaged treatment
infrastructure for wastewater utilities. The labeling requirements compliment existing "Do Not
Flush" labeling state law. Senator Alex Padilla is an original co-sponsor. OC San continues to
publicly support the effort and has sent support letters to the delegation this Congress.
Outlook: S. 1092 passed the Seante by unanimous consent. The bill was referred to the
House. House action to accept the Senate version of the WIPPES Act is anticipated.
House acceptance of the Senate-passed version could occur in June/July. (See above)
FEDERAL - 119TH CONGRESS
H.R. 2344
Water ISAC Threat Protection
Act
No Priority No Stance
Summary: Would establish a program to enhance the preparedness
and resilience of drinking water and wastewater systems against various
threats. The bill's primary focus is on safeguarding these critical utilities
from risks such as natural disasters, cyberattacks, and other
vulnerabilities that could disrupt essential water services.
03/25/2025Introduced:
Rep. Jan Schakowsky IL-09Sponsor:
Latest Actions:
03/25/2025 - Referred to the Subcommittee on Water Resources and
Environment.
03/25/2025 - Referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Ene...
03/25/2025 - Referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Ene...
House Energy and Commerce Committee, House Committees:
Transportation and Infrastructure Committee, House Transportation and
Infrastructure Committee Water Resources and Environment
Subcommittee
FEDERAL - 119TH CONGRESS
S. 1118
Water Intelligence, Security,
and Cyber Threat Protection
Act of 2025
No Priority No Stance
Summary: S. 1118 would provide funding and additional access for
clean water and wastewater utilities to become members of the Water
Information Sharing and Analysis Center (WaterISAC). The WaterISAC
is a critical source of information and best practices for water systems to
protect against, mitigate, and respond to threats. House Companion bill
H.R. 2344. Endorsed by American Water Works Association, Association
of Metropolitan Water Agencies, National Association of Clean Water
Agencies, National Association of Water Companies, and Water
Environment Federation.
03/25/2025Introduced:
Sen. Ed Markey MASponsor:
Latest Actions:
03/25/2025 - Read twice and referred to the Committee on Environment
and Public Works.
03/25/2025 - Introduced in Senate
Senate Environment and Public Works CommitteeCommittees:
H.R. 3898 represents a comprehensive Clean Water Act permitting reform Why it matters:
bill. Key provisions:
Outlook. H.R. 3898's provisions could be incorporated into a broader permitting
reform bill that addresses both energy and environmental permit mandates. As of this
writing, the Senate Committees on Environment and Public Works and Energy and
Natural Resources are negotiating on a bipartisan measure that would enhance
prospects of final passage of H.R. 3898's permit terms provisions.
FEDERAL - 119TH CONGRESS
H.R. 3898
PERMIT Act
No Priority No Stance
The PERMIT Act amends the Federal Water Pollution AI Summary:
Control Act to streamline water quality standards, improve transparency
in criteria development, reduce regulatory burdens, and enhance
permitting efficiency for infrastructure and agricultural projects.
06/11/2025Introduced:
Rep. Mike Collins GA-10Sponsor:
Latest Actions:
12/15/2025 - Received in the Senate and Read twice and referred to the
Committee on Environment and Public Works.
12/11/2025 - Motion to reconsider laid on the table Agreed to without
objection.
12/11/2025 - On passage Passed by the Yeas and Nays: 221 - 205 (Roll
no. 330).
House Transportation and Infrastructure Committee, Committees:
House Transportation and Infrastructure Committee Water Resources
and Environment Subcommittee, Senate Environment and Public Works
Committee
mandates 10 year NPDES permits
codifies exemption from WOTUS definition for wastewater and water storage facilities
expedites review and approval of section 404 permit applications (dredge and fill)
provides ten year general permits for dredge and fill activities with requirement for 2 year
advanced notification if permit not to be renewed
limits water quality certification reviews to project impacts on water quality (no down
stream impacts or non-water quality related impacts)
S. 3738 would extend the authorization of the expiring large water recycling projects Why it matters:
($500 million or greater) program. Authorized funding would be $450 million and the program would
be extended until 2032. It would also modify the the Title XVI program increasing federal cost share
to $50 million, providing $550 million funding authorization and extending program to 2032. A new
program authorizing $250 million to support environmental and habitat restoration projects would be
available to support the Great Salt Lake and other inland lakes (priority on Central Utah Project.
Outlo0k: The legislation was favorably approved by the committee and sent to the Senate floor
for debate and a vote. It is anticipated that the bill could become part of a larger western water
supply legislative vehicle during the Lame Duck Session.
FEDERAL - 119TH CONGRESS
S.3738
MORE WATER Act
No Priority Support
The MORE WATER Act reauthorizes the large-scale AI Summary:
water recycling and reuse program, establishes a Water Conveyance
Improvement Program, and provides funding for projects that deliver
water supply, safe drinking water for low-income communities, and
environmental benefits.
01/29/2026Introduced:
Sen. Alex Padilla CASponsor:
Latest Actions:
09/17/2026 - Placed on Senate Legislative Calendar under General
Orders. Calendar No. 652.
09/17/2026 - Committee on Energy and Natural Resources. Reported by
Senator Lee with an amendment in the nature of ...
07/29/2026 - Committee on Energy and Natural Resources. Ordered to
be reported with an amendment in the nature of a...
Senate Energy and Natural Resources Committee, Committees:
Senate Energy and Natural Resources Committee Water and Power
Subcommittee
CALIFORNIA ADVOCACY • FEDERAL ADVOCACY • GRANT WRITING
Sacramento • Washington, D.C.
Northern California • Central California • Southern California
MONTHLY LEGISLATIVE UPDATE
To: Orange County Sanitation District
From: Townsend Public Affairs
Cori Takkinen, CEO
Kerri West, Senior Associate
Date: September 21, 2026
Subject: September 2026 Monthly Legislative Report
STATE UPDATES
The 2025–26 Legislative Session concluded at the end of August following a busy final month of
hearings, floor votes, and last-minute amendments. Lawmakers considered more than 1,000
measures addressing issues including housing, public safety, labor, environmental policy,
infrastructure, and public agency operations.
Several measures tracked by OC San advanced to the Governor, including bills with potential
impacts on wastewater infrastructure, permitting, fees, and local agency operations. OC San
continued advocating for legislation that supports reliable infrastructure, protects local authority,
and considers the financial impacts on public agencies and ratepayers.
With the legislative session concluded, attention now turns to Governor Newsom, who has until
September 30 to sign or veto bills sent to his desk. OC San will continue monitoring final actions
and evaluating the potential operational and fiscal impacts of newly enacted legislation.
Senate Budget Subcommittee Considers Proposition 4 and Greenhouse Gas Reduction
Fund Spending Plans
On August 12, the Senate Budget Subcommittee No. 2 held an informational hearing on two
issues left unresolved after the June budget agreement: the 2026–27 Proposition 4 expenditure
plan and allocations from the Greenhouse Gas Reduction Fund (GGRF). The administration
proposes spending $2.25 billion of the $10 billion Proposition 4 climate bond this year. The
Legislative Analyst’s Office provided written and oral analyses that found the plan generally
reasonable but emphasized the trade-off between quickly funding current projects and preserving
resources for future needs. Members of the Committee highlighted Central Valley canal
subsidence, Delta levees, coastal erosion, the Los Angeles-San Diego-San Luis Obispo
(LOSSAN) rail corridor, Lake Hodges Dam, and wildfire prevention as priorities requiring
additional investment, potentially from the two funding sources discussed at the hearing.
The subcommittee reviewed a revised Greenhouse Gas Reduction Fund revenue estimate, which
dropped from $3.4 billion to approximately $2.73 billion. The Legislative Analyst’s Office cautioned
that revenues could decline further, potentially reducing funding available for housing, transit,
wildfire resilience, water, and other climate-related programs.
Page 2
Lawmakers also debated how projected interest earnings should be used and raised concerns
about major funding commitments, including High-Speed Rail. The discussion highlighted growing
pressure on available climate funding and the potential for reduced resources across state
programs. Public testimony overwhelmingly called for the state to honor its SB 125 transit
commitments, preserve the Tier 3 programs established under SB 840 (Limón), and develop a
permanent replacement for declining GGRF revenue. Stakeholders also advocated for continued
funding for wildfire resilience, safe drinking water, affordable housing, groundwater sustainability,
and other climate-related priorities.
Future decisions on these revenues could affect funding opportunities for public agencies like OC
San, including potential support for innovative biosolids management projects.
Wildfire Season & End of Session Escalate Liability Reform Negotiations
The Newsom Administration briefed members of the Assembly in early August on a proposal that
would limit how much insurers, hedge funds, and attorneys can collect from utility-caused wildfire
claims, spurred by threats to the Wildfire Fund’s solvency. The current Wildfire Fund was created
in 2019 to reimburse participating investor-owned utilities for eligible wildfire claims, and last year
the Legislature approved an additional $18 billion in contributions from utility shareholders and
ratepayers following payouts from the Eaton Fire. Earlier this year, the California Earthquake
Authority released a study, required by SB 254 (Becker, 2025), that outlined recommended
options for restructuring wildfire liability, mitigation, insurance, and recovery. Negotiations have
taken on additional urgency after Los Angeles County investigators concluded that electrical
arcing from a Southern California Edison transmission tower caused the Eaton Fire, potentially
exposing the utility and the fund to billions of dollars in claims.
A central issue was California's inverse-condemnation framework and the potential liability utilities
face when their equipment causes a fire. The original Administration proposal generated major
opposition from local governments because it would have shifted a portion of wildfire losses away
from investor-owned utilities and onto cities, counties, special districts, insurers, and ultimately
taxpayers/ratepayers.
After weeks of opposition and negotiations between the Governor, Senate President pro Tem and
Assembly Speaker, the parties announced a compromise on August 29 and amended it into SB
492 (Becker and Petrie-Norris). The most important development for local agencies like OC San
was that the final SB 492 removed the major limitations on public-agency recovery. Cities,
counties, and special districts would have retained their existing ability to pursue utilities for actual
damages, emergency-response costs, and other recoverable losses.
Ultimately, negotiations fell through, and the Assembly did not hear the compromised proposal,
effectively eliminating the measure for the year. Legislators, utility companies, insurers, and other
stakeholders will most likely relaunch negotiations with the incoming Governor and their
Administration in the new year.
Page 3
Budget Junior Makes Major Investments in California’s Water Resilience
AB 113 (Budget Bill Jr.) appropriates a total of $2.66 billion from Proposition 4, the Safe Drinking
Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024. Of that
amount, $1.05 billion is dedicated to Safe Drinking Water, Drought, Flood, and Water Resilience,
including $100 million for the Safe and Affordable Funding for Equity and Resilience (SAFER)
program, $12.4 million for Tribal Water Infrastructure, and $64 million for the Multi-benefit Land
Repurposing Program to support groundwater sustainability projects. The bill also provides $68
million for regional conveyance projects and repairs, including $30 million to address subsidence
affecting State Water Project canals, and $75 million for flood management projects in the
Sacramento-San Joaquin Delta, including $30 million for Delta levee repairs. Additional
investments include $146.1 million for State Plan of Flood Control projects, $23 million for wildlife
refuges and wetland habitat areas, and $8 million in grants to help small farmers comply with the
Sustainable Groundwater Management Act.
KEY STATE LEGISLATION
The following summarizes key legislation and the current status of bills that OC San has taken
positions on:
OC San staff and Townsend Public Affairs monitor current and upcoming legislation. Per the Board
approved Legislative and Regulatory Plan, OC San has submitted five position letters:
Assembly Bill 1621 (Wilson) – Planning and Zoning Law: Housing Accountability Act
Summary: AB 1621 proposes changes to the post-entitlement permitting process for housing
development projects. The bill would limit building permit plan check reviews to two rounds, modify
review timelines and related provisions, and restrict agencies from requiring changes during
inspections that deviate from previously approved plans unless specified findings are met.
Status: On the Governor’s desk.
OC San Position: Oppose Unless Amended. Page 24, section K (H) of Legislative and Regulatory
Plan
Assembly Bill 2180 (Ward) - Proposition 218 Omnibus Implementation Act
Summary: AB 2180 clarifies how local governments may demonstrate compliance with the
constitutional requirement that fees not exceed the proportional cost of service. The bill allows
agencies to use any reasonable method to allocate service costs among parcels, supported by
existing or reasonably estimated data. The bill is sponsored by ACWA.
Status: On the Governor’s desk.
OC San Position: Support. Page 24, section K (h) of the Legislative and Regulatory Plan
Assembly Bill 2381 (Johnson) - Local Agency Public Construction Act: Municipal Water
Districts: Sanitation Districts: Lowest Responsible Bidder
Page 4
Summary: AB 2381 amends the Local Agency Public Construction Act to update competitive
bidding requirements for municipal water districts and sanitation districts. Specifically, the
measure increases the threshold for public works contracts that must be awarded to the lowest
responsive and responsible bidder from $35,000 to $220,000.
Status: AB 2381 died in the Assembly and is not moving forward.
OC San Position: Support. Page 23 section J (e) of the Legislative and Regulatory Plan and is
consistent with previous bill concepts that TPA has discussed with OC San staff and the Board.
Assembly Bill 2777 (ESTM Committee) – State Water Pollution Control Revolving Fund
program: loans: water reuse
Summary: AB 2777, sponsored by CASA and WateReuse, this bill would provide additional
flexibility for the State Water Resources Control Board to modernize the Clean Water State
Revolving Fund (CWSRF) loan program. The bill would authorize the state board to assess fees
in place of an annual charge for financial assistance and would authorize the fees or annual
charge to be assessed at any rate as permitted by federal law.
Status: On the Governor’s desk.
OC San Position: Support an industry coalition letter. Page 23, section D (A) and section E (c) of
the Legislative and Regulatory Plan.
Senate Bill 1117 (Cervantes) - Accessory Dwelling Units and Junior Accessory Dwelling
Units
Summary: SB 1117 would restrict how local agencies calculate impact fees for accessory dwelling
units (ADUs) by requiring that fees for units exceeding 750 square feet be based only on the
portion of the unit above that threshold, rather than the entire unit. TPA was successful in securing
amendments that would preserve the ability of local agencies, special districts, and water
corporations to charge water and sewer connection fees or capacity charges for ADUs in
circumstances where a new/separate connection is allowed, which was a significant win for OC
San.
Status: On the Governor’s desk.
OC San Position: Oppose Unless Amended. Page 24, section K (H) of Legislative and Regulatory
Plan
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 35 Alvarez [D]This legislation, would exempt the adoption of regulations needed to effectuate or implement
programs of the act from the requirements of the Administrative Procedure Act (APA). The bill
would require a state entity that receives funding through Proposition 4 to administer a competitive
grant program established using the Administrative Procedure Act exemption to do certain things,
including develop draft project solicitation and evaluation guidelines and to submit those guidelines
to the Secretary of the Natural Resources Agency, except as provided. The bill would require the
Secretary of the Natural Resources Agency to post an electronic form of the guidelines submitted
by a state entity and the subsequent verifications on the Natural Resources Agency’s internet
website.
Signed into law Watch Legislative and Regulatory Policies: Grant
Funding – Oppose proposals placing further
requirements on grant recipients that return low value
for high administrative costs.
ACC-OC - NYC
LOCC - Support
CASA - Support
CSDA - NYC
ACWA - Support
AB 634 Gonzalez [R]The legislation intends to add tianeptine to the Schedule I category of controlled substances,
reflecting the highest level of legal restriction. This action is intended to limit the potential misuse
and abuse of the substance by prohibiting its manufacture and sale unless explicitly allowed. The
bill emphasizes the importance of this classification to curb the substance's availability and
mitigate associated risks to public health.
Dead Watch Legislative and Regulatory Policies Source
Control – Support legislation, regulations, and
funding assistance that would lead to decreased
introduction of microplastics, and other contaminants
of concern discharged into the sewer system.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 643 Wilson [D]AB 643 mandates a 75 percent reduction in organic waste disposal to landfills by 2025 to combat
methane emissions. The bill tasks the Department of Resources Recycling and Recovery, along
with the State Air Resources Board, with formulating associated regulations. Local jurisdictions are
empowered to utilize organic materials as agricultural soil amendments to meet these goals,
provided they follow specific guidelines. This approach aims to enhance California's climate
resilience through sustainable waste management practices.
Signed into law Watch Legislative and Regulatory Policies: Special
Districts – Oppose further state regulations that
adversely impact special district financing,
operations, and administration.
ACC-OC - NYC
LOCC - Watch
CASA - Support in
concept
CSDA - Watch
ACWA - NYC
AB 748 Harabedian [D]AB 748 authorizes the development and use of preapproved single‑family and multifamily housing
plans that local agencies may adopt to expedite housing approvals and reduce duplicative design
review. The bill adds Section 65852.29 to the Government Code, allowing a property owner to
build housing consistent with a jurisdiction’s preapproved plan without undergoing additional
design review, provided the housing meets the criteria of the adopted plan. This aims to
accelerate production of housing units while maintaining local standards for design and land use,
reducing processing time and cost for both agencies and developers. The bill is intended to
support increased housing supply and consistency in planning approaches across jurisdictions.
Dead Watch Legislative and Regulatory Policies: Housing &
Infrastructure Planning – Support statewide efforts
to improve housing production and planning
efficiency while protecting local infrastructure
planning authority and avoiding unfunded mandates.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 1198 Haney [D]Beginning July 1, 2027, changes in prevailing wages by the Director of Industrial Relations will
affect contracts awarded or announced after this date. Affected parties can request a review within
20 days, with a final decision issued within 20 days thereafter. Certain housing projects are
exempt from these updates.
09/09/2026 Enrolled and
presented to the Governor
Watch Legislative and Regulatory Policies: Special
Districts – Oppose further state regulations that
adversely impact special district financing,
operations, and administration.
ACC-OC - NYC
LOCC - Oppose
CASA - Watch
CSDA - NYC
ACWA - NYC
AB 1337 Ward [D]Gut and amended on June 1. AB 1337 would significantly revise the Information Practices Act of
1977 by removing the exemption for local agencies, expanding the definition of personal
information, strengthening notice and conduct requirements, broadening limits on disclosure, and
adding discipline and criminal penalties for certain violations.
Dead Watch Local Government - 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.
ACC-OC - NYC
LOCC - Oppose
CASA - Oppose
CSDA - NYC
ACWA - NYC
AB 1383 McKinnor [D]AB 1383 revises the pensionable compensation limits for public retirement systems in accordance
with federal guidelines starting January 1, 2027. It introduces new retirement formulas for safety
members, allowing for collective bargaining agreements to adjust these formulas. This bill
supports the alignment of state retirement benefits with federal standards and facilitates
negotiation over pension terms.
Vetoed Watch Legislative and Regulatory Policies: Labor
Relations/Human Resources – Oppose any
measure that imposes upon local government
mandated employee benefits that are more properly
decided at the local bargaining table
ACC-OC - NYC
LOCC - Oppose
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 1436 Avila Farias [D]AB 1436 would exempted private fleets from the state's clean fleet regulations.Dead Watch Legislative and Regulatory Policies: Air Quality -
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.
ACWA-Support
CASA-Support
CSDA-Support
LOCC-Support
Proposed Legislation 2026
High Priority
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 1617 Alanis [R]AB 1617 requires public agencies and contractors handling household hazardous waste to submit
the Form 303 Household Hazardous Waste Collection Report annually for the prior calendar year,
aligning the reporting period with the calendar year. This shift aims to improve the consistency and
accuracy of hazardous waste tracking.
Signed into law Watch Legislative and Regulatory Policies: Biosolids,
Organics, and Biogas – Limit redundant reporting
requirements on organics, recyclable material, and
solid waste.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 1621 Wilson [D]AB 1621 aims to streamline and speed up the post-approval (post entitlement) permitting process
for housing projects by setting clearer rules, firm timelines, and limits on agency reviews. Recent
amendments strengthen the bill by capping plan check rounds, shortening appeal timelines,
restricting new or changing requirements, and tying violations of these rules to the Housing
Accountability Act, making it easier to hold local agencies accountable for delays or
noncompliance.
08/31/2026 Enrolled and
presented to the Governor
Oppose
Unless
Amended
Legislative and Regulatory Policies: Housing &
Local Agency Authority – Monitor and assess
legislation that affects housing development
processes and ensure local agency discretion is
preserved in infrastructure planning and project
implementation.
ACC‑OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 1710 Carrilo [D]AB 1710 redefines the criteria for "ordinances, policies, and standards" within housing
development, adding materials, requirements, and standards imposed by other public agencies. It
mandates compliance with existing plans and standards at the time of a preliminary application.
The bill aligns with the Permit Streamlining Act, requiring projects considered for housing
developments or emergency shelters to meet consistency and compliance evaluations. This bill
enforces a state-mandated local program impacting all cities, including charter cities, and affects
provisions for mandated cost reimbursements to local agencies.
Dead Watch Legislative and Regulatory Policies: Special
Districts – Oppose further state regulations that
adversely impact special district financing,
operations, and administration.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - Not Favor
Unless Amended
AB 1729 Lee [D]AB 1729 revises existing telecommuting provisions by introducing the term "telework" and
mandates the Department of General Services to create a dashboard documenting the benefits
and savings of state telework programs. Each state agency must evaluate its telework program
every 10 years to ensure alignment with operational needs and workforce goals. This bill is labeled
an urgency statute for immediate effect and only impacts state agencies.
Vetoed Watch Legislative and Regulatory Policies: Special
Districts – Oppose further state regulations that
adversely impact special district financing,
operations, and administration.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 1772 Papan [D]AB 1772 aims to address and prevent the proliferation of aquatic invasive species, specifically the
golden mussel, within California's water systems. This legislation intends to help safeguard the
state's biodiversity and maintain ecological balance by implementing measures to monitor, report,
and control the spread of these species in waterbodies and infrastructure systems.
Dead Watch Legislative and Regulatory Policies: Water
Quality & Ecosystem Protection – Support
measures that control invasive species and protect
California water systems.
ACC-OC - NYC
LOCC - NYC
CASA - Support
CSDA - NYC
ACWA - SIA
AB 1777 Garcia [D]AB 1777 would amend the Health and Safety Code to explicitly authorize the California Air
Resources Board (CARB) to adopt regulations to reduce or mitigate emissions from indirect
sources of air pollution, such as facilities, land uses, and activities that attract mobile emission
sources like trucks, trains, and other vehicles. The bill clarifies that CARB can take this action
when necessary to achieve ambient air quality standards required under federal law, expanding
the agency’s authority beyond current direct vehicle emissions regulation. It aims to fill gaps where
regional indirect source rules have been adopted locally but no consistent statewide mechanism
exists to reduce pollution from high‑traffic indirect sources.
Dead Watch Legislative and Regulatory Policies: Air Quality &
Environmental Protection – Support measures that
strengthen air quality protections while minimizing
undue regulatory or operational impact on local
agencies.
ACC‑OC - NYC
LOCC - Watch
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 1821 Pacheco [D]AB 1821 allows agencies to charge fees for time spent searching for public records beyond
certain thresholds and updates response timelines to business days. Recent amendments refine
the fee structure, clarify exemptions, and adjust response and extension periods.
08/31/2026 Enrolled and
presented to the Governor
Watch Legislative and Regulatory Policies: Public
Transparency and Governance – Support policies
that promote transparency and accountability in
public agency operations while ensuring
administrative requirements remain reasonable for
local agencies.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 1838 Berman [D]AB 1838 requires contractors bidding on public works projects to disclose any past wage-and-hour
violations and demonstrate corrective actions. Recent amendments clarify disclosure
requirements, documentation standards, and allow disqualification for noncompliance.
09/04/2026 Enrolled and
presented to the Governor
Watch Legislative and Regulatory Policies: Public
Contracting Transparency – Support policies that
enhance transparency and accountability in public
contracting while ensuring competitive and equitable
procurement processes.
ACC‑OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 1898 Schultz [D]This legislation mandates that employers must inform employees about the use of AI tools in
decisions affecting employment and worker surveillance activities.Notifications must specify the
impacted employment decisions,and employers are required to maintain an updated list of AI
tools used,which should be provided annually to employees.Enforcement includes penalties for
non-compliance,reviewable through the Labor Commissioner or via civil action by affected
workers.
Dead Watch Guiding Priorities: Oppose redundant regulatory
and legislative requirements that impose excessive
limitations on effective operations;
ACC‑OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 1997 Lee [D]AB 1997 requires a lead agency to approve or disapprove a housing development project where
90 percent of the units are affordable to very low or extremely low income households within 30
days of certifying an environmental impact report (EIR), and establishes a working group to make
recommendations on the most effective ways to expedite the development of housing.
08/31/2026 Enrolled and
presented to the Governor.
Watch Legislative and Regulatory Policies: Local
Agency Authority & Infrastructure – Support
policies that affirm local control and clarity in agency
operations affecting infrastructure development and
system management.
ACC‑OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - Watch
AB 2013 Bennett [D]AB 2013 requires specified community water systems located in high or very high fire risk areas to
provide an annex to their disaster preparedness plans that includes specified information relating
to system preparedness and resiliency during a wildfire.
Dead Watch Legislative and Regulatory Policies: Disaster
Preparedness – Support legislation that improves
emergency preparedness and infrastructure
resilience to protect critical water and wastewater
services during disasters.
ACC-OC - NYC
LOCC - NYC
CASA - Support
CSDA - NYC
ACWA - OUA
AB 2026 Aguiar-Curry [D]AB 2026 expands and streamlines the process for diverting flood flows for groundwater recharge
by broadening eligibility, expediting permitting, and exempting certain projects from CEQA. Recent
amendments further expand the definition of flood flows, remove prior sunset limits, allow private
entities to participate with groundwater agencies, and establish clearer permitting timelines and
criteria.
Dead Watch Legislative and Regulatory Policies: Water
Supply and Resource Management – Support
policies that improve water supply reliability and
sustainable groundwater management across
California.
ACC-OC - NYC
LOCC - NYC
CASA - Support
CSDA - NYC
ACWA - Support
AB 2125 Bennett [D]AB 2125 enhances the requirements imposed upon a plaintiff when filing a notice of completion of
the mailing when conducting the specialized service of process provisions utilized in
comprehensive groundwater adjudications.
Signed into law Watch Legislative and Regulatory Policies: Water
Resources Administration – Support policies that
improve transparency and accountability in water
rights and groundwater basin management.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - Watch
AB 2127 Johnson [D]AB 2127 prevents local governments from prohibiting the construction of new accessory dwelling
units (ADUs) in an area solely because the lots are served by private sewage disposal systems.
Dead Watch Legislative and Regulatory Policies: Regulatory
Reporting & Transparency – Oppose proposals
that create redundant reporting requirements that do
not yield commensurate public benefit and impose
unnecessary administrative burden on local
agencies.
ACC‑OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 2180 Ward [D]AB 2180 updates the Proposition 218 Omnibus Implementation Act by clarifying that local
agencies can use any reasonable method to show that property-related fees reflect the cost of
service, rather than needing exact calculations for each parcel. It also confirms that water and
sewer agencies can use uniform or tiered rates based on customer characteristics, and gives
agencies flexibility to allocate costs within those tiers using reasonable approaches, as long as
rates do not exceed the cost of providing service.
08/25/2026 Enrolled and
Presented to the Governor.
Support Legislative and Regulatory Policies: Local
Agency Authority – Support policies that protect
local agencies’ ability to set rates and fees necessary
to provide essential wastewater and water services.
ACC-OC - NYC
LOCC - Support
CASA - NYC
CSDA - NYC
ACWA -
Support/Sponsor
AB 2381 Johnson [D]AB 2381, introduced by Assembly Member Natasha Johnson, aims to amend the Local Agency
Public Construction Act to increase the threshold for contracts awarded by municipal water
districts and sanitation districts to the lowest responsible bidder from $35,000 to $220,000. The bill
mandates the Controller to adjust this amount annually to reflect the percentage change in the
Engineering News-Record Construction Cost Index and publish the adjusted amount on its internet
website.
Dead Support Legislative and Regulatory Policies: Public
Contracting – Procurement & Fair Practices –
Support fair and effective public contracting
standards that enhance local agency
competitiveness while preserving transparency and
accountability.
ACC‑OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 2447 Bauer-Kahan [D]AB 2447 creates the Nitrogen Pollution Reduction Act. Requires the State Water Resources
Control Board (State Water Board) to require the Regional Water Quality Control Boards
(Regional Water Boards) to update the Irrigated Lands Regulatory Program (ILRP) in order to
reduce nitrogen waste discharges from commercial irrigated agricultural lands so that by January
1, 2030, those lands do not cause or contribute to exceedances of the maximum contaminant
level (MCL) for nitrate, or exceedances of a water quality objective or total maximum daily load
(TMDL) for nitrate.
Dead Watch Legislative and Regulatory Policies: Water
Quality & Ecosystem Protection – Support policies
promoting nutrient management, water quality, and
sustainable agriculture.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - Oppose
AB 2568 Johnson [D]AB 2568 reduces the maximum number of days water district board members may be
compensated each month, from 20 days to 15 days. Recent amendments clarify this limit by
revising prior proposed changes to board compensation caps.
08/28/2026 Enrolled and
Presented to the Governor.
Watch Legislative and Regulatory Policies: Governance
& Compensation – Support policies aligning
compensation with board responsibilities.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - Favor
AB 2630 Bennett [D]AB 2630 requires the State Water Resources Control Board to continue adopting water diversion
measurement and reporting regulations as emergency regulations through January 1, 2032.
Recent amendments extend this requirement and maintain CEQA exemptions for those
regulations.
Dead Watch Legislative and Regulatory Policies: Water
Resources Administration – Support policies that
streamline water regulation and protect water supply
reliability.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - Oppose
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 2656 Petrie-Norris [D]AB 2656 requires a public employer shall provide a recognized employee organization no less
than 45 days’ written notice before taking an action to develop, purchase, implement, or utilize any
generative artificial intelligence to perform a service that is within the scope of work of the job
classification represented by the recognized employee organization
08/31/2026 Enrolled and
presented to the Governor.
Watch Guiding Priorities: Oppose redundant regulatory
and legislative requirements that impose excessive
limitations on effective operations;
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - Oppose
ACWA - NYC
AB 2777 Environmental
Safety and Toxic
Materials
[Committee]
AB 2777 authorizes the State Water Resources Control Board (State Water Board), when
administering loans under the Clean Water State Revolving Fund (CWSRF), to assess a fee
instead of interest (also known as fee in lieu of interest) for financial assistance services rendered
under the CWSRF, and makes a technical change to recently enacted legislation dealing with
recycled water.
08/31/2026 Enrolled and
presented to the Governor.
Support Legislative and Regulatory Policies: Water
Quality & Funding – Support policies promoting
accountability in water quality financing.
ACC-OC - NYC
LOCC - NYC
CASA - Sponsor
CSDA - NYC
ACWA -Favor
SB 342 Umberg [D]SB 342 revises the Contractors State License Law, enabling contractors to claim compensation
for work if properly licensed during contract execution, even if unlicensed at other times. It allows
clients to recover payments made to unlicensed contractors based on the period the contractor
was unlicensed.
09/08/2026 Enrolled and
Presented to the Governor.
Watch Legislative and Regulatory Policies: Public
Contracting – Support legislation that protects local
agency contracting integrity.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
SB 601 Allen [D]SB 601 seeks to restore California water-quality protections for certain streams, wetlands, and
other “nexus waters” that lost federal protection following the U.S. Supreme Court’s Sackett v.
EPA decision. The bill would expand the State Water Resources Control Board’s authority to
regulate discharges into these waters under the Porter-Cologne Water Quality Control Act and
establish applicable water-quality standards and permitting requirements.
Dead Watch Legislative and Regulatory Policies: Water
Quality and Supply - Support streamlined
environmental guidelines and regulations which
would safeguard the region, providing increased
protection and lesser costs to ratepayers.
LOCC-Oppose
CASA-Oppose
CSDA-Oppose
ACWA-Oppose
SB 899 Grove [D]SB 899 requires the Wildfire and Forest Resilience Task Force to coordinate with health
agencies to evaluate the health impacts of severe wildfire smoke by July 1, 2028, utilizing existing
data. The findings will guide the enhancement of health outcomes in the Wildfire Resilience Action
Plan and allow for independent consultancy contracts as necessary.
Dead Watch Legislative and Regulatory Policies: Disaster
Preparedness – Support policies that improve
wildfire resilience and public health outcomes.
ACC-OC - NYC
LOCC - Support
CASA - NYC
CSDA - NYC
ACWA -
Support/Sponsor
SB 951 Reyes [D]SB 951 establishes the California Worker Technological Displacement Act, requiring employers to
provide advance notice and protections for workers impacted by AI-related job loss. Recent
amendments clarify notice requirements, expand worker protections during the notice period, and
refine enforcement and penalty provisions.
09/09/2026 Enrolled and
presented to the governor.
Watch Legislative and Regulatory Policies: Labor
Relations – Support policies ensuring worker
notification and protections.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
SB 992 Niello [R]SB 992 addresses the auditing process for special districts, removing the January 1, 2027, repeal
date for certain auditing exceptions. It increases the financial threshold from $150,000 to
$250,000, allowing districts with annual revenues below this amount to replace an annual audit
with a financial review, agreed-upon procedures, or a financial compilation.
Signed into law Watch Legislative and Regulatory Policies: Governance
& Finance – Support policies that streamline audits
while maintaining accountability.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
SB 1001 Archuleta [D]SB 1001 requires the Office of Emergency Services to create a standardized identification card
(PIV-I credential) program for water utility workers to help them access restricted areas during
emergencies. Recent amendments clarify the program’s structure, align it with federal
credentialing standards, allow agencies to request cards for qualified personnel, and ensure
cardholders can enter closed disaster areas unless safety concerns prevent it.
Dead Watch Legislative and Regulatory Policies: Disaster
Preparedness – Support programs that improve
water utility safety during emergencies.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - Favor
SB 1036 Grayson [D]SB 1036 modifies the Mitigation Fee Act to require that development impact fees be based on a
project’s net impact. Recent amendments require local agencies to reduce or offset fees when a
project replaces or demolishes an existing use so that fees reflect only the incremental impact on
public facilities.
Signed into law Watch Legislative and Regulatory Policies:
Development & Land Use – Support policies that
ensure fair fee assessment.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
SB 1081 Laird [D]SB 1081 expands an existing exception to mandatory water quality penalties by allowing more
small, financially disadvantaged publicly owned treatment works to fund compliance projects
instead of paying fines. Recent amendments broaden eligibility to include systems serving 3,000
or fewer people and clarify hardship criteria.
Dead Watch Legislative and Regulatory Policies: Water
Quality & Compliance Flexibility – Support policies
that improve regulatory flexibility and compliance
mechanisms for wastewater systems, particularly in
ways that enable small systems to invest in
infrastructure rather than non‑productive penalties.
ACC‑OC - NYC
LOCC - NYC
CASA - Support
CSDA - NYC
ACWA - Favor
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
SB 1085 Durazo [D]SB 1085 requires cities and counties to identify applicable public water systems earlier in the
housing development process and to request water supply information shortly after an application
is submitted. Recent amendments accelerate timelines by requiring water systems to provide
water supply assessments within 45 days for certain housing projects, remove the need for public
meeting approval, and allow cities or counties to take legal action if assessments are not provided
on time.
09/03/2026 Enrolled and
presented to the Governor.
Watch Legislative and Regulatory Policies: Water
Supply & Project Planning – Support policies that
improve water system planning and assessments.
ACC-OC - NYC
LOCC - Track
CASA - NYC
CSDA - NYC
ACWA - Favor
SB 1117 Cervantes [D]SB 1117 focuses on accessory dwelling units (ADUs) and junior accessory dwelling units, refining
the calculation of impact fees. It mandates that fees for ADUs over 750 square feet be based
solely on the area exceeding this threshold, altering local agencies' responsibilities and overriding
municipal affairs to ensure statewide applicability. The bill stipulates no state reimbursement for
local costs incurred due to these changes.
08/30/2026 Enrolled and
presented to the Governor.
Oppose
Unless
Amended
Legislative and Regulatory Policies: Housing –
Support policies that improve equity in ADU fee
structures.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
SB 1125 Menjivar [D]SB 1125 mandates the State Water Resources Control Board to devise an annual needs
assessment for drinking water by May 1, 2027, and every year afterwards. This includes
evaluating the funds required to maintain affordable water services for community systems with
fewer than 3,000 connections, updating this analysis every three years.
08/31/2026 Enrolled and
presented to the Governor.
Watch Legislative and Regulatory Policies: Water
Supply – Support policies ensuring safe, reliable
drinking water.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - Support
SB 1139 Laird [D]SB 1139 gives the Monterey Peninsula Water Management District authority to enforce an existing
prohibition against the use of potable water for the irrigation of nonfunctional turf located on
commercial, industrial, and institutional properties, and on properties of homeowners’
associations, common interest developments, and community service organizations establishes
the Water Rate Assistance Program, administered by the State Water Resources Control Board
(State Water Board), to provide rate assistance for drinking water services to low-income
residential ratepayers.
Signed into law Watch Legislative and Regulatory Policies: Water
Conservation – Support policies enforcing potable
water conservation.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - Favor
SB 1153 Caballero [D]SB 1153 requires urban retail water suppliers in high fire risk areas to update their disaster
preparedness plans to include specific wildfire response and mitigation strategies. Recent
amendments clarify that these requirements are focused on planning (not guaranteeing water
service during fires) and provide liability protections by stating that water systems are not
responsible for wildfire damages due to loss of pressure or supply, and are not required to function
as firefighting systems.
9/8/2026 Enrolled and presented
to the Governor
Watch Legislative and Regulatory Policies: Disaster
Preparedness – Support policies enhancing water
supplier wildfire response.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA -
Support/Sponsor
SB 1159 Cabaldon [D]SB 1159 specifies that nonhuman entities, including AI and robots, are excluded from definitions in
key legislative acts concerning public access and participation, such as the California Public
Records Act and the Political Reform Act. The goal of this legislation is to preserve human-centric
interactions in California’s democratic institutions and not overwhelm public agencies by protecting
public resources from being consumed by machine-generated requests.
08/26/2026 Enrolled and
presented to the Governor.
Watch Legislative and Regulatory Policies: Special
Districts - Oppose further state regulations that
adversely impact special district financing,
operations, and administration.
ACC-OC - NYC
LOCC - Support
CASA - NYC
CSDA - NYC
ACWA - NYC
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
SB 1187 Durazo [D]As amended, SB 1187 would repeal the language access requirements enacted through SB 707
before they take effect on July 1, 2026. Specifically, the bill removes requirements that certain
cities, counties, and special districts translate meeting agendas into specified languages, translate
public meeting webpages and related materials, provide assistance for public interpretation and
translation at meetings, conduct outreach targeted toward non-English-speaking communities, and
implement several other related language access and public participation requirements.
Signed into law Watched Guiding Priorities: Oppose redundant regulatory
and legislative requirements that impose excessive
limitations on effective operations;
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
SB 1313 McNerney [D]SB 1313 expands funding opportunities for projects that address PFAS contamination in drinking
water by allowing grants and loans through existing state and federal funding sources. Recent
amendments refine the measure to focus funding specifically on public water systems, clarify
eligible activities (like treatment, testing, and planning), and allow implementation through a policy
handbook rather than formal rulemaking, streamlining how the program is carried out.
Dead Watch Legislative and Regulatory Policies: Water
Quality & Contaminants – Support policies
addressing PFAS in drinking water.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - Support
SB 1417 Pérez [D]SB 1417 prohibits mutual water companies from charging tenants for water service and requires
charges to be directed to shareholders, while establishing notice and public meeting requirements
before certain assessments or rate increases. Recent amendments also require disaster-
impacted public water systems to complete a disaster impact assessment within six months of an
emergency, including evaluating system damage, water supply reliability, affordability impacts, and
whether consolidation with another system may be necessary, as a condition of receiving state
funding.
08/30/2026 Enrolled and
presented to the Governor.
Watch Legislative and Regulatory Policies: Disaster
Preparedness – Support policies improving post-
disaster water system assessment and recovery.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA -Favor
Legend:
ACC-OC - Association of California Cities, Orange County
LOCC - League of California Cities
NYC - Not Yet Considered
CASA - California Association of Sanitation Agencies
ACWA - Association of California Water Agencies
CSDA - California Special Districts Association
1 | P age
TO: Orange County Sanitation District
FROM: Whittingham Public Affairs Advisors
DATE: September 21, 2026
SUBJECT: Local Legislative Report
Following are a few of the more notable developments and issues that have transpired in
Orange County over the last several weeks:
• GKN Aerospace announced a compensation program of up to $100 million for the
more than 50,000 residents and local businesses across six cities that were forced to
evacuate over Memorial Day weekend after a failing chemical tank at the company’s
Garden Grove plant released potentially toxic and volatile methyl methacrylate.
GKN has been working with the District Attorney’s Office and expects to launch the
compensation program in early October. Additional details will be announced about
community events, phone banks, and a physical location where individuals can submit
claims and obtain information.
The program will allow businesses and residents to recover evacuation-related costs,
including hotel stays, lost wages, meals, and transportation.
• Lisa Kim, who has served as Garden Grove City Manager since March 2023,
announced her retirement effective in early November. The Garden Grove City
Council has selected Assistant City Manager Matt West to succeed her. West
previously served as City Manager for the City of Tustin.
• The cities of Anaheim and Placentia are in the midst of considering potential
candidates for their respective leadership positions. Since February, Assistant City
Manager Greg Garcia has served as Interim City Manager in Anaheim, and longtime
Costa Mesa City Manager Tom Hatch is serving as Interim City Administrator in
Placentia.
• The County of Orange proclaimed a state of local emergency in the wake of
Hurricane Marie, which brought high surf and rain to Southern California over Labor
Day Weekend. The County’s proclamation, due to be ratified by the Board of
Supervisors at a special meeting, followed declarations of local emergencies by the
cities of San Clemente, Dana Point, and Laguna Beach.
2 | P age
High tides caused by the hurricane created significant erosion to the beaches, putting
waterfront houses in danger and damaging infrastructure in numerous coastal
communities from San Clemente to Newport Beach. It is also anticipated that a
Kelvin wave, a slow-moving, large-scale ocean wave driven by El Niño that is
currently traveling up the Pacific coast toward Southern California, will raise local
sea levels by 6 to 12 inches in early October, potentially causing additional damage.
• The Costa Mesa City Council unanimously approved a plan for the former Fairview
Developmental Center that includes 2,300 new homes, 920 of which would be
affordable.
The approval concludes a four-year planning process and will help Costa Mesa work
toward its state-mandated goal of 11,760 new housing units by 2029. The city was
one of five California cities sued by the State Attorney General over alleged
noncompliance with Housing Element Law.
The final plan reduced the amount of housing proposed in an earlier Planning
Commission-approved draft, which allowed for up to 4,000 units on the 80-acre site.
Council members cited concerns about traffic, public safety, and impacts on
surrounding neighborhoods.
• Irvine Ranch Water District’s (IRWD) Board of Directors interviewed four
candidates to fill the vacant 1st District seat, which includes portions of Irvine, Lake
Forest, Orange, and unincorporated Orange County. The Board ultimately voted to
appoint Cindy Miller, a licensed civil engineer and Vice President at Hazen and
Sawyer with extensive prior project experience working with IRWD on a variety of
projects. Ms. Miller will serve as the Division 1 Director for the remainder of
the term, which runs through November 2028.
• The Santa Ana Regional Water Quality Control (SARWQC) Board approved
comprehensive new regulations that are intended to reduce pollution in water from
storm drains and flood control channels in the Santa Ana River Basin, which covers
large parts of Orange and the Inland Empire counties. The agency’s new regulations,
known as the Regional MS4 Permit, will impact Orange, Riverside and San
Bernardino counties. When implemented, the new regulations will require local
government agencies to implement systems to keep trash and other contaminants
from polluting the waterway. The regulations are scheduled to take effect in March
2027.
The SARWQC Board approved the permit on a 3-1 vote after hours of discussion
about the cost and feasibility of compliance. San Bernardino County had
commissioned an analysis estimating that the proposed stormwater requirements
would cost the county and 16 of its cities $11 billion over the next 20 years.
3 | P age
• Several Orange County cities are considering restrictions on herbicide use in public
spaces amid concerns about potential health effects raised in Ladera Ranch. The City
of Newport Beach has stopped using synthetic herbicides to control weeds on city-
maintained athletic fields, relying instead on organic treatments, mechanical weed
removal, and periodic replacement of the grass. The City’s new Athletic Field Sod
Management Program calls for athletic fields to be stripped, leveled, and covered
with new sod approximately every three to five years, depending on their condition
and amount of use.
• The Newport Beach City Council was ordered by an Orange County Superior Court
judge to run a special election concurrent to the November 3 general election. Three
resident-initiated ballot measures will appear on the special election ballot, which will
be administered by the Newport Beach City Clerk rather than the Orange County
Registrar of Voters. The general election ballot in Newport Beach will include the
candidates seeking election to City Council, as well as The Responsible Housing
Initiative, which if approved would implement a new housing plan that zones for
fewer new homes, which could put the city at risk of a lawsuit from the State of
California.
As part of our scope of work, Whittingham Public Affairs Advisors has continued to
monitor the various City Council agendas and highlighted issues and items of relevance
to OC San. We also continue to monitor activities at the South Coast Air Quality
Management District, Orange County Water District, and South Orange County
Wastewater Authority.
It is a pleasure to work with you and to represent the Orange County Sanitation District.
Sincerely,
Peter Whittingham
1
2
Table of Contents
Legislative & Regulatory Advocacy Teams ................... 3
Introduction ................................................................. 4
Procedures for Establishing an OC San Position ………… 5
Guiding Priorities .......................................................... 6
Advocacy Initiatives and Tactics ................................... 6
Legislative and Regulatory Policies .............................. 8
3
Legislative & Regulatory Advocacy Teams
OC San Legislative Advocacy Team
Rob Thompson
General Manager
(714) 593-7110 rthompson@ocsan.gov
Jennifer Cabral
Director of Communications
(714) 593-7581 jcabral@ocsan.gov
Daisy Covarrubias
Public Affairs Supervisor
(714) 593-7119 dcovarrubias@ocsan.gov
Rebecca Long
Principal Public Affairs Specialist
(714) 593-7444 rlong@ocsan.gov
Kelly Newell
Public Affairs Specialist
(714) 593-7102 knewell@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
Kerri West
Townsend Public Affairs
(916) 447-4086 kwest@townsendpa.com
Local Advocacy Team
Peter Whittingham
Whittingham Public Affairs Advisors
(949) 280-9181 peter@whittinghampaa.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 mkawamoto@ocsan.gov
Tom Meregillano
Environmental Protection Manager
(714) 593-7457
tmeregillano@ocsan.gov
Sam Choi
Environmental Protection Manager
(714) 596-7497 schoi@ocsan.gov
4
Administration Committee
Jamie Valencia Chair City of Fullerton
Jose Medrano Vice Chair City of La Habra
Debbie Baker Member-at-Large City of La Palma
Ted Bui Member-at-Large City of Fountain Valley
Melinda Liu Member-at-Large City of Irvine
Jordan Nefulda Member-at-Large City of Los Alamitos
Andrew Nguyen Member-at-Large Midway City Sanitary District
David Shawver Member-at-Large City of Stanton
Chad Wanke Member-at-Large City of Placentia
Erik Weigand Member-at-Large City of Newport Beach
Jordan Wu Member-at-Large City of Villa Park
Jon Dumitru Board Chairman City of Orange
Christine Marick Board Vice Chairwoman City of Brea
Introduction
The Orange County Sanitation District (OC San) recognizes the need for an active legislative and
regulatory advocacy program at the local, state, and federal levels. This program ensures that the
interests of OC San and its ratepayers are effectively represented and supported. The legislative
and regulatory teams actively engage, pursue, and monitor activities in California and
Washington, D.C. to take appropriate action that aligns with OC San’s goals.
Annually, the Board of Directors (Board) adopts a Legislative and Regulatory Plan (Plan) that
summarizes 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 Plan is an evolving
document, which is adopted and revised each year to ensure its alignment with changes in local,
state, and federal policies.
Consistent with the Plan and the legislative strategy, the Legislative and Regulatory teams may
prepare position letters, advocate for OC San, and/or provide commentary on proposed legislation
and regulations.
5
Procedures for Establishing an OC San Position
1.The Legislative and Regulatory teams 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 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 bills and proposed regulations that are under active review and for which explicit policy
guidance is provided in the current Plan, the Legislative Advocacy teams and Regulatory
Advocacy teams are authorized to submit comment letters consistent with the approved OC
San position to legislators and regulators, as well as direct lobbyists to advocate for that
position.
3.The Regulatory team within the Environmental Services Department will evaluate proposed
regulations against the Board-approved criteria outlined in the current Plan. If the proposed
position aligns with these criteria, the team will collaborate with relevant member
associations to present a unified position. When appropriate, member association(s) may
take the lead and advocate on behalf of OC San; otherwise, OC San will submit a comment
letter directly. This will be decided by the Regulatory team with input from the Public Affairs
Office. Additionally, the Regulatory team will work directly with OC San’s Director of
Communications and other managers as appropriate when crafting an official comment
letter.
4.For legislative issues that are not time-sensitive, the legislative letter will be personally
signed by the Board Chair or Vice-Chair. In cases involving urgent legislative or regulatory
matters, the Legislative and Regulatory teams may use an electronic signature, provided
there is a clear policy direction, and approval has been obtained from the General Manager,
or their designee.
5.If a bill does not fall within the scope of the Plan or is a controversial issue, staff will seek
guidance and direction from the Administration Committee.
6.If a bill does not fall within the scope of the Plan, but organizations such as ACC-OC, CASA,
CWSC, CSDA, and / or NACWA have adopted a unified position, staff may follow the adopted
position and inform the Administration Committee of such action at the next regularly
scheduled meeting.
6
Guiding Priorities
•Oppose redundant regulatory and legislative requirements that impose excessive limitations
on effective operations;
•Support legislative and regulatory measures that enhance affordability, safeguard public
health, and ensure environmental protection;
•Maintain local control over governance of special districts and other local entities;
•Pursue financial assistance opportunities for OC San projects through grants, loans, and
congressionally or legislatively directed funding.
The advocacy strategy focuses on a coordinated, proactive approach to securing funding, shaping policy,
and advancing OC San’s infrastructure and sustainability priorities at both the federal and state levels. At
the federal level, the emphasis is on building strong relationships with agency officials, Congress, and
key committees through regular meetings in Washington, D.C. and district offices, while clearly
communicating OC San’s priorities through updated project lists, white papers, and testimony. Key
actions include advocating for expanded infrastructure funding (including State Revolving Funds (SRFs)
and innovative financing tools), advancing energy recovery and water reuse initiatives, supporting
favorable tax and resiliency policies, and streamlining permitting processes. Engagement with national
associations and federal regulators is critical to influence legislation, secure funding opportunities, and
reduce regulatory burdens.
At the state level, the strategy centers on continuous legislative and regulatory monitoring, targeted
advocacy, and strategic alignment of projects with funding opportunities. This includes maintaining an
active presence in Sacramento through advocacy days, meetings with legislators, regulators, and
stakeholders, and participation in key industry committees. Efforts prioritize identifying and influencing
legislation, securing funding through bonds, Cap-and-Invest, and energy programs, and advancing
policies that support biosolids management, renewable energy, and operational flexibility. Ongoing
outreach and briefings to the local delegation, coalition-building with partner agencies, and coordinated
advocacy aligned with funding cycles and project timelines ensure sustained visibility and
competitiveness for OC San’s priorities.
Advocacy Initiatives and Tactics
The state and federal advocacy focuses on positioning OC San to secure flexible funding for critical
infrastructure, while advancing innovation, regulatory efficiency, and long-term resiliency.
OC San’s federal initiatives include:
1.Identify and seek federal funding assistance to support OC San infrastructure priorities.
2.Advocate and support cost effective policies that support resource recovery from biosolids and
organic waste.
3.Advocate for increased infrastructure investment, including robust SRF funding, revised
allocation formulas, and expanded innovative financing tools.
4.Promote regulatory streamlining to accelerate project delivery and reduce administrative
burdens.
5.Support federal tax policies that protect public agencies and preserve tax-exempt and other
financing mechanisms.
7
6.Advance resiliency policies and improve permitting processes to protect OC San’s assets and to
support water recycling and biosolids management.
7.Conduct regular advocacy and outreach meetings to communicate OC San priorities and project
updates to policymakers and stakeholders.
OC San will advance these initiatives through a coordinated federal advocacy strategy centered on direct
engagement, coalition-building, and targeted policy development. This includes maintaining a strong
presence in Washington, D.C. and in district offices by regularly meeting with federal agencies,
congressional offices, and key committees to communicate OC San’s priorities, refine funding requests,
and build support for infrastructure, energy recovery, and resiliency projects. Supporting these efforts,
OC San will develop and disseminate clear advocacy materials, such as priority lists, white papers, and
formal testimony, to strengthen the case for federal investment and policy changes.
Additionally, OC San will work collaboratively with national associations, regional partners, and federal
agencies to advance innovative financing mechanisms, promote regulatory streamlining, and shape
legislation and programs related to water quality, resilience, energy, and biosolids treatment and
management. This includes advocating for expanded financing tools, tax policy protections, and
expedited environmental review and permitting processes, while engaging in ongoing dialogue with
regulators to address permitting challenges and improve program implementation. Through consistent
outreach, strategic partnerships, and proactive advocacy, OC San will position its priorities for success in
federal funding, policy, and regulatory decisions.
OC San’s state initiatives include:
1.Develop and implement a proactive legislative and regulatory advocacy agenda aligned with OC
San priorities.
2.Maintain a comprehensive, ready-to-deploy list of Capital Improvement Projects to support
funding pursuits.
3.Monitor and pursue diverse funding opportunities, including statewide bonds, Cap-and-Invest
programs, and resource recovery funding.
4.Conduct regular advocacy and outreach meetings to communicate OC San priorities and project
updates to policymakers and stakeholders.
5.Advocate for cost effective regulations that allow continued responsible ocean discharge based
on sound science.
6.Advocate for cost effective regulations based on sound science that protect OC San’s
infrastructure investments.
7.Advance legislative and policy reforms to support biosolids management and improve
operational efficiency, including streamlining bid requirements and increasing contracting
thresholds.
8.Advocate for the establishment and implementation of a statewide biosolids land application
management policy.
9.Support legislative changes to eliminate outdated and costly bid advertising requirements.
10.Support higher contracting and bid limits to make project delivery more efficient and flexible.
8
OC San will implement these initiatives through a comprehensive and proactive state advocacy program
that integrates legislative tracking, strategic engagement, and targeted funding alignment. This includes
continuously monitoring and analyzing legislation, regulations, and funding programs to identify
opportunities and risks, while maintaining a dynamic tracking system to prioritize actions. OC San will
align its capital improvement program with available funding sources by identifying eligible projects,
shaping grant guidelines, and coordinating advocacy efforts around key funding opportunities, including
energy, climate, and Cap-and-Invest programs.
OC San will maintain visibility in Sacramento and the region by meeting regularly with legislators,
regulators, and stakeholders, and participating in industry associations and policy committees. Coalition-
building with agencies, industry groups, and labor stakeholders will strengthen advocacy, foster policy
solutions, and build consensus. Ongoing outreach and formal communications will help the agency
influence policy and funding decisions, keeping its projects competitive and interests well-represented.
OC San’s local initiatives include:
1.Continue to develop local government outreach and awareness of OC San.
OC San will maintain active engagement at the local level by monitoring meetings and actions of key
agencies, including county, city, and special district bodies, to identify issues that may impact its
policies, programs, or budget. It will support these efforts by preparing targeted messaging and talking
points for public forums and decision-making venues, while also facilitating and participating in
meetings with public agency representatives and regional water industry stakeholders to strengthen
coordination, share information, and advance OC San’s priorities.
A.Air Quality:
’s
’
Legislative and Regulatory Policies
9
f.Oppose air quality regulations that mandate specific fuel types or neglect the significant
benefits of renewable fuels.
g.Oppose air quality policies, rules, and regulations at Title V facilities that disregard the
importance of wastewater treatment as an essential public service.
h.Oppose South Coast Air Quality Management District (SCAQMD) policies, rules, and/or
regulations on Cumulative Impacts from Air Toxics for the California Environmental Quality
Act projects.
i.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
requirements.
j.Adhere to OC San’s odor policy and level of service to assure OC San is a good neighbor to
the surrounding communities.
k.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 Publicly Owned Treatment Works (POTWs), process Boilers,
and Reciprocating Internal Combustion Engines (RICE) located at an area source.
l.Monitor SCAQMD’s Priority Reserve Bank for impacts transcending from the sunsetting of
the Regional Clean Air Incentives Market (RECLAIM) program. Oppose any SCAQMD rules
proposing to cease or limit future emission reduction credit deposits into the Priority
Reserve bank.
m.Monitor and support enhancements to SCAQMD permitting procedures to ensure prompt
review and approval of permit applications.
n.Monitor SCAQMD for any proposed modifications to their risk mitigation procedures,
requirements for public notification thresholds, limits set by Rule 1401, analyses related to
criteria pollutants, and impacts on greenhouse gases.
o.Monitor and oppose any air quality legislation or SCAQMD regulations requiring fenceline
monitoring for pollutants of concern, including hydrogen sulfide, at POTWs having a design
capacity of ≤425 MGD.
p.Monitor air quality legislation 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. Oppose measures that require special districts and local
governments to be early adopters of this unproven technology.
q.Monitor and contribute feedback on SCAQMD’s Community Emissions Reduction Plans and
the Community Air Monitoring Plans.
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r. Monitor SCAQMD’s development of rules and policies, such as Rule 317.1, that will require
major stationary sources 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.
t. Monitor and support any legislative development that would provide relief from restrictions
on the use of diesel emergency power generators during State of Emergency events and
Public Safety Power Shutoff (PSPS) events affecting the local electrical utility.
u. Monitor the development of state and local rules and regulations proposing to eliminate or
limit the use of emergency standby internal combustion engines.
v. Participate in association efforts to work with CARB and the local air district in the
implementation of 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 Air Quality Management Plan
(AQMP).
w. Participate in SCAQMD’s implementation of the provisions in the 2022 AQMP. Oppose
potential measures that place additional burdens on resource recovery operations
generating renewable energy.
B. Biosolids, Organics and Biogas: OC San supports legislation that provides continued biosolids
management options that include, but are not limited to, beneficial reuse, carbon sequestration, and
destruction technologies, that is implemented in a cost-effective manner while protecting public
health and the environment.
a. Support legislation, regulations, and policies, including guidance 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, and wetland restoration.
b. Support legislation, regulations, and policies that recognize and promote carbon
sequestration through land application of biosolids and deep well injection.
c. Support legislation, regulations, and policies that allow local jurisdictions to count biosolids
and other organics used as beneficial agricultural amendments toward their procurement
targets to meet SB 1383 (2016), Short-Lived Pollutant Reduction Strategy.
d. Support the promotion and funding of local pilot programs, studies, and research for the
beneficial reuse of biosolids.
e. Support alternative renewable energy legislation, regulation, and policies that encourage
use of biosolids as a renewable energy resource.
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f.Support legislation, regulations, and policies that encourage the procurement of biogas,
biosolids, and compost to leverage economic benefits and environmental benefits.
g.Support CalRecycle, CARB, California Public Utilities Commission (CPUC), California Energy
Commission (CEC), California Department of Food and Agriculture (CDFA), and State Water
Resources Control Board (SWRCB) in adopting quality standards that permit wastewater
treatment plants to inject biogas production into current pipelines for renewable utilization.
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.Support development and funding for organic co-digestion and recycling projects in
accordance with SB 1383 (2016), Short-Lived Pollutant Reduction Strategy or other
associated rules and regulations.
j.Support efforts to provide alternative management and/or funding options for biosolids,
such as supercritical water oxidation, deep well injection, pyrolysis, and/or future
biosolids/biogas projects.
k.Oppose legislation, regulations, and policies that impose unreasonable or redundant
requirements or hinder a streamlined permitting process.
C.Source Reduction: 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 regulate 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 (e.g., Perfluoroalkyl and
Polyfluoroalkyl Substances (PFAS)) discharged into the sewer system.
d.Support the reduction/elimination of Contaminants of Emerging Concern (e.g., PFAS) within
consumer and commercial products to reduce CECs discharged to sewer.
e.Advocate for PFAS source reduction or elimination measures to prevent PFAS from being
discharged to the public wastewater treatment or reclamation plants.
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 grant funding to offset its research, special projects, and capital improvement
projects.
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a.Support legislation, bonds, programs, and projects that provide funding for: infrastructure
construction and rehabilitation, special studies, 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, and provide a high value compared to the cost to administer
the funding
b.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 that leverage federal assistance such as credit assistance and highly
subsidized loan assistance.
b.Support public-private partnerships, public-to-public partnerships, and other financing
approaches that can reduce costs only if such projects do not impose costs on OC San
ratepayers and ensure long-term economic value to ratepayers.
c.Support the full funding of the Clean Water Act - SRF Program.
d.Support 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 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 and Employee Relations/Human Resources: OC San is committed to positive employer-employee
relations, including but not limited to, meeting and conferring in good faith with recognized employee
organizations regarding the wages, hours of work, and other terms and conditions of employment. As
Congress considers reforming the federal tax code, many of the provisions subject to reform may impact
labor relations.
a.Support measures to reform current workers compensation formulas that rely on a
proportionate exposure formula.
b.Support health insurance reform that does not create additional financial burdens on
special districts.
c.Support measures to ease applicability of the Fair Labor Standards Act on public agencies.
d.Oppose any measure imposing compulsory and binding arbitration with respect to public
employees.
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e.Oppose any measure that imposes employee benefit mandates on local governments that
are more appropriately 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.
k.Support employment litigation reforms that promote the early resolution of employment
matters, protect employee rights, and safeguard public employers from meritless claims
and unnecessary litigation costs.
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 (SCADA) systems.
c.Support funding for the hardening of essential regional facilities such as water recycling
and sewer collection sites.
d.Support legislation and funding for regional emergency management collaboration to
protect critical infrastructure.
e.Artificial Intelligence (AI): Support legislation and policies that promote the responsible,
ethical, and transparent use of artificial intelligence to improve public sector operations,
enhance service delivery, protect privacy and security, and encourage innovation, while
ensuring appropriate oversight, accountability, and workforce considerations.
H.Planning: OC San ensures the long-range planning of capital improvement programs in order to deliver
the highest quality facilities.
a.Support reform of existing state, regional, and local planning processes only if directly
linked to reforms in the current revenue and tax structure of state and local governments.
b.Support measures that provide new revenues for growth management and the public
facilities necessary to support expected growth.
c.Support proposals encouraging regional, sub-regional, or countywide cooperation in
14
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
legislation, policy directives, and funding that support floodplain protection within the
Santa Ana River watershed.
b.Support funding assistance to ensure employees remain safe and secure during global
pandemics.
c.Support the protection of public health and environment through the construction and
implementation of advanced wastewater treatment technology.
d.Support sharing critical information and data from state and county agencies in the interest
of protecting the public health and saving taxpayer dollars.
e.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 federal policies and funding assistance to public agencies to support
implementation of cybersecurity measures to protect infrastructure and water quality
treatment activities, and ratepayer data.
c.Support legislation and regulation that allows public agencies to procure goods and
services in manners similar to private industry, thereby reducing overall costs of delivery.
d.Support legislation and regulation that improves the Utility Underground Service Alert
Program to improve coordination and identification, and minimize damage, minimize
environmental risks, and minimize cost exposure to publicly owned facilities when
contractors are performing sub-surface work.
15
e.Support a comprehensive response to the state’s electricity and natural gas shortages that
provides a stable energy supply, respects the ability of municipalities to provide power,
recognizes that infrastructure (i.e., emergency and standby generators) may be employed
temporarily during periods with minimal air quality impact, and protects ratepayers from
dramatic rate increases and statewide power outages.
f.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.
g.Support legislation that increases the thresholds for bid work and force account work.
h.Oppose Buy American mandates legislation that would increase project costs or prevent
the use of the most innovative technologies.
i.Monitor legislation that would require the inspection and possible repair of sewer laterals
at the time of sale in residential, commercial, and industrial areas.
j.Monitor legislation connected with government claims against special districts regarding
risk and wrap-up insurance.
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, 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.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.
c.Oppose measures that impose mandated costs for which there is no guarantee of local
reimbursement or offsetting benefits.
d.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.
e.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.
f.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.
g.Preserve state and local tax deduction from federal tax liability of local taxpayers.
16
h.Oppose elimination or restriction on the availability of municipal tax-exempt financing for
public infrastructure projects.
i.Monitor legislation regarding changes in law that influence the fees and charges that OC
San administers.
L.Special Districts: OC San supports the maintenance of special districts to provide specific services, in
response to citizen’s demands, in a cost-effective manner.
a.Support efforts to provide equitable treatment of special districts in emergency funding
assistance.
b.Support outreach to local, regional, and state elected officials to foster a greater
understanding regarding the critical relationship between adequate reserves and the
successful short- and long-term operation of water and wastewater agencies.
c.Support the work of the ACWA, CASA, and CSDA. in any future discussions or negotiations
pertaining to the legislative and budget issues relative to preserving control of members’
reserves.
d.Support alternate methods of public meetings notices that maintain transparency but are
more cost efficient and technologically advanced.
e.Support maximum flexibility for special districts to conduct Board business virtually while
providing for public transparency.
f.Support legislation that gives local control on video retention guidelines to special districts
to maintain maximum flexibility and cost control.
g.Oppose any administrative or legislative efforts to access or transfer any reserve funds held
by water and wastewater districts.
h.Oppose efforts that remove the flexibility of the Board to determine its own size and
operating structure.
M.Water Quality and Supply: OC San is committed to collaborating on efforts to protect regional water
resources for the benefit of the people we serve.
a.Support measures to increase water supply and improve water quality in the region,
including beach protection and drought relief legislation and regulations.
b.Support measures that would increase funding for water reuse technologies, including
support for the Groundwater Replenishment System project operated by the Orange
County Water District in partnership with OC San to create new water supplies through
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wastewater recycling.
c.Support measures that promote and provide for the use of reclaimed water, including
United States Environmental Protection Agency (USEPA) Water Recycling Action Plan 2.0.
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 legislation on coastal nutrient management that is based on sound science.
f.Support measures to evaluate water quality standards, as needed, to ensure the objectives
are appropriately protecting the designated use.
g.Support legislation and regulation that would direct EPA-levied fines to remain in the
region.
h.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.
i.Support national infrastructure policies that contain aspirational goals which promote
improved water use efficiency in construction of water efficient buildings and communities.
j.Support legislation and regulations 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.
k.Support legislation and regulation that provide for the development of the watershed
approach, including watershed management plans and watershed-based permitting.
l.Support legislation and regulation that necessitate the responsible use of water in
residential, commercial, and industrial areas.
m.Support streamlined environmental guidelines and regulations which would safeguard the
region, providing increased protection and lesser costs to ratepayers.
n.Support approaches to reduce compliance costs associated with stormwater controls
including the use of integrated plans.
o.Oppose any legislation or regulation that would combine or blur the requirements for
Direct Potable Reuse and Indirect Potable Reuse.
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p.Oppose statewide fees that require public agencies to pay for environmental cleanup
caused by private parties or regional issues when there is no clear connection between
those responsible for the pollution and those required to pay for the cleanup.
q.Monitor state and federal legislation and regulations related to Contaminants of Emerging
Concern (e.g., PFAS, microplastics, etc.).
September 15, 2026
The Honorable Gavin Newsom Governor of California 1021 O Street, Suite 9000 Sacramento, CA 95814
RE: Assembly Bill (AB) 2180 (Ward): Proposition 218 Omnibus Implementation Act – REQUEST FOR SIGNATURE
Dear Governor Newsom:
On behalf of the Orange County Sanitation District (OC San), I respectfully request
that you sign AB 2180, the Proposition 218 Omnibus Implementation Act, into law. The bill provides important clarification on how local governments may demonstrate compliance with constitutional requirements governing property-related service charges.
AB 2180 clarifies that agencies may use reasonable methods, supported by existing or reasonably estimated data, to allocate service costs among parcels. It also confirms that agencies are not required to calculate exact parcel-by-parcel costs and may use uniform or tiered fees for customer classes based on factors
such as land use, parcel improvements, or peak demand.
These provisions are particularly important for sanitation districts operating complex regional wastewater systems. AB 2180 preserves Proposition 218 safeguards while providing agencies the flexibility to establish equitable,
transparent, and financially sustainable rates that reflect the cost of providing
service.
For these reasons, OC San respectfully requests that you sign AB 2180 into law. If you have any questions, please contact Jennifer Cabral, Director of
Communications, at (714) 593-7581 or via email at JCabral@ocsan.gov.
Sincerely,
Jon DumitruBoard Chairman
Assembly Bill No. 2180
Passed the Assembly August 19, 2026
Chief Clerk of the Assembly
Passed the Senate August 18, 2026
Secretary of the Senate
This bill was received by the Governor this day
of , 2026, at o’clock m.
Private Secretary of the Governor
CHAPTER
An act to add Section 53751.5 to the Government Code, relating
to local government finance.
legislative counsel’s digest
AB 2180, Ward. Local government: Proposition 218 Omnibus
Implementation Act: proportional cost of service.
The California Constitution specifies various requirements with
respect to the levying of assessments and property-related fees and
charges by a local agency. As part of those requirements, the
California Constitution mandates that such fees or charges that are
extended, imposed, or increased satisfy certain requirements,
including, but not limited to, that the amount of the fee or charge
imposed upon any parcel or person as an incident of property
ownership not exceed the proportional cost of the service
attributable to the parcel.
Existing law, known as the Proposition 218 Omnibus
Implementation Act (act), prescribes specific procedures and
parameters for local jurisdictions to comply with these requirements
and, among other things, authorizes an agency providing water,
wastewater, sewer, or refuse collection services to adopt a schedule
of fees or charges authorizing automatic adjustments that pass
through increases in wholesale charges for water, sewage treatment,
or wastewater treatment or adjustments for inflation under certain
circumstances.
This bill would authorize a local government to demonstrate the
proportional cost of the service attributable to the parcel by any
method that reasonably allocates the ascertainable cost of providing
service to all parcels, if substantiated as provided. The bill would,
however, provide that for water or sewer service fee or charge
impositions, a local government is not required to provide an exact
measure of the cost of the service at each parcel and may instead
impose uniform or tiered rates to parcel or customer classes that
are defined based on common characteristics indicative of likely
water or sewer use. The bill would provide that the proportional
cost of service within each tier of water service may be
substantiated by using any reasonable basis for allocating costs
96
— 2 — AB 2180
attributed to the tier, as described, and would provide a local
government discretion to determine the costs allocated to each tier
as long as the rate for each tier does not exceed the proportional
cost of service reasonably allocated to parcels subject to that tier.
The bill would specify that its provisions do not apply to fees for
water connections or sewer connections, or capacity charges, as
specified.
The people of the State of California do enact as follows:
SECTION 1. Section 53751.5 is added to the Government
Code, to read:
53751.5. (a) For any fee or charge adopted under Section 6 of
Article XIII D of the California Constitution, “the proportional
cost of the service attributable to the parcel” may be demonstrated
by any method that reasonably allocates the ascertainable cost of
providing service to all parcels. That allocation shall be
substantiated by historic, existing, estimated, or projected data that
reasonably captures the cost of the service to be provided.
(b) Notwithstanding subdivision (a), when imposing a fee or
charge for water or sewer service, an agency is not required to
provide an exact measure of the cost of the service at each parcel
and an agency may impose uniform or tiered rates to parcel or
customer classes that are defined based on common characteristics
indicative of likely water or sewer use, including, but not limited
to, the nature and size of improvements to a parcel, land use, the
nature or number of plumbing fixtures, meter size, or peak use
characteristics.
(c) (1) When imposing a tiered rate for water service, an agency
may substantiate the proportional cost of the service within each
tier by using any reasonable basis for allocating costs attributed
to the tier, including, but not limited to, the following:
(A) The cost of water from various sources.
(B) Facilities operation, maintenance, or construction costs.
(C) Contribution to systemwide peak demand projections.
(D) Costs that an agency incurs as a result of the use of water
at various tiers or to implement water conservation or demand
management measures, or incremental costs, as that term is used
in Chapter 3.4 (commencing with Section 370) of Division 1 of
the Water Code.
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AB 2180 — 3 —
(2) An agency is not required to have a cost-based, or any other,
justification for establishing any tier breakpoint. For purposes of
this paragraph, “tier breakpoint” means the point where a customer
leaves one tier and enters another tier.
(3) An agency has discretion to determine the costs allocated
to each tier, provided that the rate assigned to each tier does not
exceed the proportional cost of service reasonably allocated to
parcels subject to that tier.
(d) This section shall not apply to fees for water connections or
sewer connections, or capacity charges, subject to Section 66013.
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Approved , 2026
Governor
September 15, 2026
The Honorable Gavin Newsom Governor of California 1021 O Street, Suite 9000 Sacramento, CA 95814
RE: Assembly Bill (AB) 2777 (House Environmental Safety and Toxic Materials Committee): Clean Water State Revolving Fund – REQUEST FOR SIGNATURE
Dear Governor Newsom,
The Orange County Sanitation District (OC San) respectfully requests that you sign AB 2777 into law. AB 2777 makes important changes to California water
quality law that will provide the State Water Resources Control Board with
greater flexibility to administer the Clean Water State Revolving Fund (CWSRF), while clarifying the definition of incidental runoff for recycled water uses.
The CWSRF is a critical source of low-cost financing for wastewater and other
water quality infrastructure projects throughout California. The program provides below-market-rate loans and, in appropriate circumstances, principal forgiveness for projects that protect and improve water quality. Since its inception, California’s CWSRF has executed more than $14.7 billion in
financial assistance agreements with more than 500 unique recipients,
supporting projects including wastewater treatment plants and sewer systems.
AB 2777 would authorize the State Water Board, when administering CWSRF loans, to assess a fee in lieu of interest for financial assistance services. The
fee could not exceed the amount of interest that otherwise would have been
charged. This approach would give the State Water Board greater flexibility in administering the program. It could also help stabilize and potentially increase CWSRF resources while maintaining attractive, below-market financing for critical water quality infrastructure.
Assembly Bill 2777
September 15, 2026
Page Two
For sanitation districts and other public agencies responsible for essential wastewater
infrastructure, maintaining a strong and sustainable CWSRF is particularly important. Greater flexibility in managing the fund will help preserve its capacity to finance water quality projects and protect California ratepayers by providing a low-cost alternative to commercial financing.
AB 2777 also provides important technical clarification concerning recycled water. The bill defines “incidental runoff” as unintended, minimal amounts of runoff, such as overspray from sprinklers that escapes the intended area of use. The definition excludes runoff that is part of a facility or system design, results from excessive application, involves intentional overflow or application, or results from negligence. This clarification addresses an omission
in SB 31 (2025) and provides needed certainty for agencies implementing recycled water projects.
By providing greater flexibility in administering the CWSRF and clarifying recycled water requirements, AB 2777 will support continued investment in critical water quality
infrastructure while promoting responsible and efficient use of state resources. For these reasons, the Orange County Sanitation District respectfully requests that you sign AB 2777 into law. If you have any questions, please contact Jennifer Cabral, Director of Communications, at (714) 593-7581 or via email at JCabral@ocsan.gov.
Sincerely,
Jon Dumitru Board Chairman
Assembly Bill No. 2777
Passed the Assembly August 25, 2026
Chief Clerk of the Assembly
Passed the Senate August 24, 2026
Secretary of the Senate
This bill was received by the Governor this day
of , 2026, at o’clock m.
Private Secretary of the Governor
CHAPTER
An act to amend Sections 13477.5, 13480, and 13551 of the
Water Code, relating to water quality.
legislative counsel’s digest
AB 2777, Committee on Environmental Safety and Toxic
Materials. State Water Pollution Control Revolving Fund program:
loans: outdoor eating areas: water reuse.
(1) Existing law establishes the State Water Pollution Control
Revolving Fund program, pursuant to which state and federal funds
are continuously appropriated from the State Water Pollution
Control Revolving Fund to the State Water Resources Control
Board for loans and other financial assistance for purposes related
to the federal Clean Water Act. Existing law establishes the State
Water Pollution Control Revolving Fund Administration Fund
(administration fund) to provide funds, upon appropriation by the
Legislature, to be expended by the state board for payment of the
reasonable costs of administering the State Water Pollution Control
Revolving Fund. Existing law authorizes the state board to assess
an annual charge for financial assistance services, not to exceed
1% of the financial assistance repayment amount and computed
according to the true interest cost method, as provided, and requires
those annual charges to be deposited into the administration fund.
Existing law authorizes the financial service rate to be applied at
any time during the term of the financial assistance and requires
the rate to remain unchanged for the duration of the financial
assistance. Existing law prohibits the financial assistance rate from
increasing the financial assistance repayment amount after being
applied. Existing law requires the state board to, at least once each
fiscal year, adjust the financial assistance service rate. Existing
law requires the state board to set the total amount of revenue
collected each year through the annual charges at an amount that
is equal as practicable to the appropriation amount set forth in the
annual Budget Act.
This bill would additionally authorize the state board to assess
fees in place of an annual charge for financial assistance and would
authorize the fees or annual charge to be assessed at any rate as
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permitted by federal law. The bill would delete the provision
prohibiting the changing of the financial assistance rate during the
financial assistance and the increasing of the financial assistance
repayment amount. The bill would delete the requirement relating
to the appropriation amount set forth in the annual Budget Act.
(2) Existing law authorizes moneys in the State Water Pollution
Control Revolving Fund to be used for loans that meet specified
requirements, including that the loans be made at or below market
interest rates and, to the extent permitted by federal law, requiring
that the combined interest and loan service rate be set at a rate not
to exceed 50% of the interest rate paid by the state on the most
recent sale of state general obligation bonds, as provided. Existing
law requires the combined interest and loan service rate to be 0%
for certain applicants who provide matching funds.
This bill would delete the provision requiring that the combined
interest and loan service rate be set at a rate not to exceed 50% of
the interest rate paid by the state on the most recent sale of state
general obligation bonds. The bill would require the loans to be
made at below market interest rates.
(3) Existing law prohibits a person or public agency, including
a state agency, city, county, city and county, district, or any other
political subdivision of the state, from using water from any source
of quality suitable for potable domestic use for nonpotable uses,
including, among other locations, parks, if suitable recycled water
is available, as provided. Existing law provides that incidental
amounts of spray, mist, or runoff are to be permitted to enter
outdoor eating areas of parks and open spaces when irrigated with
disinfected tertiary treated recycled water that complies with a
specified regulation regarding irrigation.
This bill would instead provide that incidental runoff is allowed
to enter outdoor eating areas of parks and open spaces when
irrigated with disinfected tertiary treated recycled water that
complies with a specified regulation regarding irrigation. The bill
would define “incidental runoff” as unintended amounts of runoff,
such as unintended, minimal overspray from sprinklers that escapes
the area of intended use.
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AB 2777 — 3 —
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the
following:
(a) It is the intent of the Legislature to provide the State Water
Resources Control Board with the authority to offer larger
below-market rate loans that will help reinforce the long-term
solvency of the fund and support affordable recycled water,
wastewater, and water quality infrastructure in California.
(b) It is the intent of the Legislature that when the State Water
Resources Control Board adopts amendments to the Clean Water
State Revolving Fund policy to implement this act, the board will
collaborate with stakeholders and take steps to ensure projects
receiving higher interest rates incur other benefits not offered to
projects receiving the lowest offered rate.
SEC. 2. Section 13477.5 of the Water Code is amended to read:
13477.5. (a) The State Water Pollution Control Revolving
Fund Administration Fund is hereby created in the State Treasury.
(b) The following moneys shall be deposited in the
administration fund:
(1) Moneys transferred to the administration fund to pay the
costs incurred by the board in connection with the administration
of this chapter.
(2) The amounts collected for financial assistance services
pursuant to subdivision (c).
(3) Notwithstanding Section 16475 of the Government Code,
any interest earned upon the moneys deposited in the administration
fund.
(c) (1) For any financial assistance made pursuant to Section
13480, the board may assess fees or an annual charge for financial
assistance services with regard to the financial assistance, as
permitted by federal law.
(2) Any amounts collected under this subdivision shall be
deposited in the administration fund.
(3) The financial assistance service rate authorized by this
subdivision may be applied at any time during the term of the
financial assistance.
(d) Moneys in the administration fund, upon appropriation by
the Legislature to the board, may be expended for payment of the
reasonable costs of administering the fund.
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— 4 — AB 2777
(e) At least once each fiscal year, the board shall adjust the
financial assistance service rate imposed pursuant to subdivision
(c).
SEC. 3. Section 13480 of the Water Code is amended to read:
13480. (a) Moneys in the fund shall be used only for the
permissible purposes allowed by the federal act or a federal grant
deposited in the fund, to the extent authorized and funded by that
grant.
(b) Consistent with expenditure for authorized purposes, moneys
in the fund may be used for the following purposes:
(1) Loans that meet all of the following requirements:
(A) Are made at below market interest rates.
(B) Require annual payments of principal and any interest, with
repayment commencing not later than one year after completion
of the project for which the loan is made and full amortization not
later than 30 years after project completion unless otherwise
authorized by a federal grant deposited in the fund to the extent
authorized.
(C) Require the loan recipient to establish an acceptable
dedicated source of revenue for repayment of a loan.
(D) (i) Contain other terms and conditions required by the board
or the federal act or applicable rules, regulations, guidelines, and
policies. A loan from the fund used to finance costs of facilities
planning, or the preparation of plans, specifications, or estimates
for construction of publicly owned treatment works shall comply
with Section 603(e) of the federal act (33 U.S.C. Sec. 1383(e)).
(ii) Notwithstanding clause (i), if the loan applicant is a
municipality, an applicant for a loan for the implementation of a
management program pursuant to Section 319 of the federal act
(33 U.S.C. Sec. 1329), or an applicant for a loan for nonpoint
source or estuary enhancement pursuant to Section 320 of the
federal act (33 U.S.C. Sec. 1330), and the applicant provides
matching funds, the combined interest and loan service rate on the
loan shall be 0 percent. A loan recipient that returns to the fund
an amount of money equal to 20 percent of the remaining unpaid
federal balance of an existing loan shall have the remaining unpaid
loan balance refinanced at a combined interest and loan service
rate of 0 percent over the time remaining in the original loan
contract.
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AB 2777 — 5 —
(2) To buy or refinance the debt obligations of municipalities
within the state at or below market rates if those debt obligations
were incurred after March 7, 1985.
(3) To guarantee, or purchase insurance for, local obligations
where that action would improve credit market access or reduce
interest rates.
(4) As a source of revenue or security for the payment of
principal and interest on revenue or general obligation bonds issued
by the state, if the proceeds of the sale of those bonds will be
deposited in the fund.
(5) To establish loan guarantees for similar revolving funds
established by municipalities.
(6) To earn interest.
(7) For payment of the reasonable costs of administering the
fund and conducting activities under Subchapter VI (commencing
with Section 601) of the federal act (33 U.S.C. Sec. 1381 et seq.).
Those costs shall not exceed 4 percent of all federal contributions
to the fund, four hundred thousand dollars ($400,000) per year, or
one-fifth of 1 percent per year of the current valuation of the fund,
whichever amount is greatest, plus the amount of any fees collected
by the state for this purpose regardless of the source.
(8) For financial assistance toward the nonfederal share of the
costs of grant-funded treatment works projects, to the extent
permitted by the federal act.
(9) Grants, principal forgiveness, negative interest rates, and
any other type of, or variation on the above types of, assistance
authorized by a federal grant deposited in the fund.
SEC. 4. Section 13551 of the Water Code is amended to read:
13551. (a) A person or public agency, including a state agency,
city, county, city and county, district, or any other political
subdivision of the state, shall not use water from any source of
quality suitable for potable domestic use for nonpotable uses,
including cemeteries, golf courses, parks, highway landscaped
areas, and industrial and irrigation uses if suitable recycled water
is available as provided in Section 13550.
(b) Notwithstanding subdivision (a), any use of recycled water
in lieu of water suitable for potable domestic use shall, to the extent
of the recycled water so used, be deemed to constitute a reasonable
beneficial use of that water and the use of recycled water shall not
cause any loss or diminution of any existing water right.
96
— 6 — AB 2777
(c) Incidental runoff shall be allowed to enter outdoor eating
areas of parks and open spaces when irrigated with disinfected
tertiary treated recycled water that complies with Section 493.4
of Title 23 of the California Code of Regulations.
(d) For purposes of subdivision (c), “incidental runoff” means
unintended amounts (volume) of runoff, such as unintended,
minimal overspray from sprinklers that escapes the area of intended
use. Water leaving an intended use area is not considered incidental
if it is part of the facility or system design, if it is due to excessive
application, if it is due to intentional overflow or application, or
if it is due to negligence.
96
AB 2777 — 7 —
Approved , 2026
Governor
September 16, 2026
The Honorable Gavin Newsom Governor of California 1021 O Street, Suite 9000 Sacramento, CA 95814
RE: Assembly Bill (AB) 1621 (Wilson): Planning and Zoning Law: Post-entitlement Phase Permits: Housing Accountability Act — Request for Veto
Dear Governor Newsom,
The Orange County Sanitation District (OC San) respectfully requests that you
veto AB 1621. The bill limits residential building permit applications to two rounds of plan review and restricts agencies’ ability to require corrective action or issue stop-work orders when problems are identified during construction. While recent amendments provide some flexibility, significant concerns remain, including the undefined standard allowing denial when a second submission is
“not up to permit standards” and limitations on agencies’ ability to address conditions discovered in the field.
These restrictions are particularly concerning for wastewater infrastructure, where construction can uncover previously unknown utilities, subsurface
conditions, concealed piping, drainage issues, and other site-specific
conditions that may not be identified during plan review. Limiting an agency’s ability to require corrective action when these issues are discovered could leave significant unresolved infrastructure deficiencies.
The opportunity to review plans provides an important opportunity to evaluate
utility capacity, system impacts, environmental compliance, and other project-
specific considerations before deficiencies become costly or difficult to correct. These reviews serve an important function in protecting public health, safety, and welfare, and evaluating project-specific utility capacity and environmental compliance.
AB 1621 also creates legal uncertainty by establishing a new “reasonable
person” standard for determining when an agency may require corrective action that deviates from an approved plan.
Assembly Bill 1621
September 15, 2026
Page Two
Technical compliance is typically evaluated by trained professionals, including engineers,
architects, inspectors, and building officials. Applying an undefined standard to these technical decisions could increase litigation and undermine agencies’ ability to enforce applicable requirements.
AB 1621 also expands enforcement under the Housing Accountability Act to include post-
entitlement permitting violations and, in certain circumstances, allows applicants to seek a
writ of mandate. This could increase litigation and legal costs over technical permitting and inspection decisions, while requiring local agencies to revise procedures, meet shortened appeal deadlines, strengthen documentation, and potentially reallocate staff resources to comply with the bill’s expanded requirements.
OC San supports responsible permit streamlining and efforts to advance housing
production. However, those goals should not compromise public agencies’ ability to ensure development is supported by safe, reliable, and properly designed wastewater infrastructure. Unresolved deficiencies can ultimately result in added costs, system impacts, and corrective work borne by public agencies and their ratepayers.
For these reasons, the Orange County Sanitation District respectfully requests that you veto AB 1621. If you have any questions, please contact Jennifer Cabral, Director of Communications, at (714) 593-7581 or via email at JCabral@ocsan.gov.
Sincerely,
Jon Dumitru
Board Chairman
Assembly Bill No. 1621
Passed the Assembly August 25, 2026
Chief Clerk of the Assembly
Passed the Senate August 25, 2026
Secretary of the Senate
This bill was received by the Governor this day
of , 2026, at o’clock m.
Private Secretary of the Governor
CHAPTER
An act to amend Sections 65589.5 and 65913.3 of the
Government Code, relating to planning and zoning.
legislative counsel’s digest
AB 1621, Wilson. Planning and Zoning Law: postentitlement
phase permits: Housing Accountability Act.
(1) The Planning and Zoning Law requires a local agency or
state agency to compile one or more lists that specify in detail the
information required from any applicant for a postentitlement
phase permit, as defined. Existing law also establishes time limits
for completing reviews regarding whether an application for a
postentitlement phase permit is complete and compliant, and
whether to approve or deny an application. Existing law requires
the time limits to be tolled, if the local agency or state agency
requires review of the application by an outside entity, until the
outside entity completes the review and returns the application, as
specified.
This bill would prohibit a local agency or state agency from
requiring or requesting more than 2 plan check and specification
reviews in connection with an application for a building permit,
as part of its review. The bill would authorize a local agency or
state agency to deny an application that is not compliant with the
permit standards following 2 plan check and specification reviews.
The bill would also authorize an applicant to request additional
submittals of applications that are not compliant with the permit
standards. The bill, if a local agency or state agency finds that a
complete application is noncompliant, would prohibit a local
agency or state agency from requesting or requiring any action or
inaction as a result of a building inspection undertaken to assess
compliance with the applicable building permit standards that
would represent a deviation from a previously approved building
plan or similar approval for the building permit, except as specified.
This bill would remove the above-described tolling requirements
relating to outside entity reviews and, instead, would require, if
federal or state law requires review of the application by another
public agency that is independent of the local agency or state
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— 2 — AB 1621
agency before the local agency or state agency is authorized to act
on the application, the time limits to be tolled for the application
until the public agency completes the review and returns the
application to the local agency or state agency. The bill would
require the local agency or state agency to notify the applicant of
the tolling, as specified.
(2) Existing law, if a postentitlement phase permit is determined
to be incomplete or noncompliant, requires a local agency or state
agency to provide a process for an applicant to appeal that decision
in writing to the governing body of the agency or, if there is no
governing body, to the director of the agency, as provided by that
agency. Existing law requires the city or county to provide that
the right of appeal is to the governing body or, at their option, the
planning commission, or both.
Existing law requires a local agency or state agency to provide
a final written determination on the appeal not later than 60
business days after receipt of the applicant’s written appeal, for
housing development projects with 25 units or fewer, and not later
than 90 business days for a housing development projects with 26
units or more. Existing law also specifies that the fact that an appeal
is permitted to both the planning commission and to the governing
body does not extend the specified time period.
This bill would revise those timelines to not later than 30
business days for housing development projects with 25 units or
fewer and 45 business days for housing development projects with
26 units or more. The bill would remove the specification that the
fact that an appeal is permitted to both the planning commission
and to the governing body does not extend the specified time
period. The bill would remove the requirement that, if a
postentitlement phase permit is determined to be incomplete or
noncompliant, a local agency or state agency provide a process
for an applicant to appeal that decision to the director of the agency
if there is no governing body, as provided by that agency. The bill
would remove the requirement that a city or county provide that
the right of appeal is to the governing body or, at their option, the
planning commission, or both.
This bill would authorize the applicant to seek a writ of mandate
to compel approval of the application, if the applicant’s appeal is
denied, or a decision on the appeal is not made within the timelines
provided, or an appeals process is not provided as required.
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AB 1621 — 3 —
By imposing additional duties on local agencies regarding
postentitlement phase permits, the bill would impose a
state-mandated local program.
(3) Existing law, the Housing Accountability Act, among other
things, prohibits a local agency from disapproving, or conditioning
approval in a manner that renders infeasible, a housing
development project for very low, low-, or moderate-income
households unless the local agency makes written findings as to
one of certain sets of conditions, as specified. The act also requires,
when a proposed housing development project complies with
applicable, objective general plan, zoning, and subdivision
standards and criteria in effect at the time that the application was
deemed complete, but the local agency proposes to disapprove the
project or to impose a condition that the project be developed at a
lower density, that the local agency base its decision regarding the
proposed housing development project upon written findings
supported by a preponderance of the evidence on the record that
2 specified conditions exist. Existing law defines the term
“disapprove the housing development project” for these purposes
to include any instance in which a local agency takes certain actions
or fails to comply with certain requirements, including the time
limits described above. Existing law makes a local agency’s failure
to meet the above-described time limits relating to postentitlement
phase permits a violation of the Housing Accountability Act.
This bill would, instead, make a violation of the above-described
provisions relating to postentitlement phase permits, among others,
a violation of the Housing Accountability Act. The bill would also
revise the definition of “disapprove the housing development
project” under the Housing Accountability Act to include any
instance in which a local agency fails to comply with any of the
provisions described above relating to postentitlement phase
permits. By requiring local agencies to take certain actions, this
bill would impose a state-mandated local program.
(4) The bill would make other conforming changes and would
provide that certain changes are declaratory of existing law.
(5) The bill would include findings that changes proposed by
this bill address a matter of statewide concern rather than a
municipal affair and, therefore, apply to all cities, including charter
cities.
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— 4 — AB 1621
(6) This bill would incorporate additional changes to Section
65589.5 of the Government Code proposed by SB 1072 to be
operative only if this bill and SB 1072 are enacted and this bill is
enacted last.
(7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by
the state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by
this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 65589.5 of the Government Code is
amended to read:
65589.5. (a) (1) The Legislature finds and declares all of the
following:
(A) The lack of housing, including emergency shelters, is a
critical problem that threatens the economic, environmental, and
social quality of life in California.
(B) California housing has become the most expensive in the
nation. The excessive cost of the state’s housing supply is partially
caused by activities and policies of many local governments that
limit the approval of housing, increase the cost of land for housing,
and require that high fees and exactions be paid by producers of
housing.
(C) Among the consequences of those actions are discrimination
against low-income and minority households, lack of housing to
support employment growth, imbalance in jobs and housing,
reduced mobility, urban sprawl, excessive commuting, and air
quality deterioration.
(D) Many local governments do not give adequate attention to
the economic, environmental, and social costs of decisions that
result in disapproval of housing development projects, reduction
in density of housing projects, and excessive standards for housing
development projects.
(2) In enacting the amendments made to this section by the act
adding this paragraph, the Legislature further finds and declares
the following:
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AB 1621 — 5 —
(A) California has a housing supply and affordability crisis of
historic proportions. The consequences of failing to effectively
and aggressively confront this crisis are hurting millions of
Californians, robbing future generations of the chance to call
California home, stifling economic opportunities for workers and
businesses, worsening poverty and homelessness, and undermining
the state’s environmental and climate objectives.
(B) While the causes of this crisis are multiple and complex,
the absence of meaningful and effective policy reforms to
significantly enhance the approval and supply of housing affordable
to Californians of all income levels is a key factor.
(C) The crisis has grown so acute in California that supply,
demand, and affordability fundamentals are characterized in the
negative: underserved demands, constrained supply, and protracted
unaffordability.
(D) According to reports and data, California has accumulated
an unmet housing backlog of nearly 2,000,000 units and must
provide for at least 180,000 new units annually to keep pace with
growth through 2025.
(E) California’s overall home ownership rate is at its lowest
level since the 1940s. The state ranks 49th out of the 50 states in
home ownership rates as well as in the supply of housing per capita.
Only one-half of California’s households are able to afford the
cost of housing in their local regions.
(F) Lack of supply and rising costs are compounding inequality
and limiting advancement opportunities for many Californians.
(G) The majority of California renters, more than 3,000,000
households, pay more than 30 percent of their income toward rent
and nearly one-third, more than 1,500,000 households, pay more
than 50 percent of their income toward rent.
(H) When Californians have access to safe and affordable
housing, they have more money for food and health care; they are
less likely to become homeless and in need of
government-subsidized services; their children do better in school;
and businesses have an easier time recruiting and retaining
employees.
(I) An additional consequence of the state’s cumulative housing
shortage is a significant increase in greenhouse gas emissions
caused by the displacement and redirection of populations to states
with greater housing opportunities, particularly working- and
95
— 6 — AB 1621
middle-class households. California’s cumulative housing shortfall
therefore has not only national but international environmental
consequences.
(J) California’s housing picture has reached a crisis of historic
proportions despite the fact that, for decades, the Legislature has
enacted numerous statutes intended to significantly increase the
approval, development, and affordability of housing for all income
levels, including this section.
(K) The Legislature’s intent in enacting this section in 1982 and
in expanding its provisions since then was to significantly increase
the approval and construction of new housing for all economic
segments of California’s communities by meaningfully and
effectively curbing the capability of local governments to deny,
reduce the density for, or render infeasible housing development
projects and emergency shelters. That intent has not been fulfilled.
(L) It is the policy of the state that this section be interpreted
and implemented in a manner to afford the fullest possible weight
to the interest of, and the approval and provision of, housing.
(3) It is the intent of the Legislature that the conditions that
would have a specific, adverse impact upon the public health and
safety, as described in paragraph (2) of subdivision (d) and
paragraph (1) of subdivision (j), arise infrequently.
(4) It is the intent of the Legislature that the amendments
removing provisions from subparagraphs (D) and (E) of paragraph
(6) of subdivision (h) and adding those provisions to Sections
65589.5.1 and 65589.5.2 by Assembly Bill 1413 (2023), insofar
as they are substantially the same as existing law, shall be
considered restatements and continuations of existing law, and not
new enactments.
(b) It is the policy of the state that a local government not reject
or make infeasible housing development projects, including
emergency shelters, that contribute to meeting the need determined
pursuant to this article without a thorough analysis of the economic,
social, and environmental effects of the action and without
complying with subdivision (d).
(c) The Legislature also recognizes that premature and
unnecessary development of agricultural lands for urban uses
continues to have adverse effects on the availability of those lands
for food and fiber production and on the economy of the state.
Furthermore, it is the policy of the state that development should
95
AB 1621 — 7 —
be guided away from prime agricultural lands; therefore, in
implementing this section, local jurisdictions should encourage,
to the maximum extent practicable, in filling existing urban areas.
(d) For a housing development project for very low, low-, or
moderate-income households, or an emergency shelter, a local
agency shall not disapprove the housing development project or
emergency shelter, or condition approval in a manner that renders
the housing development project or emergency shelter infeasible,
including through the use of design review standards, unless it
makes written findings, based upon a preponderance of the
evidence in the record, as to one of the following:
(1) The jurisdiction has adopted a housing element pursuant to
this article that has been revised in accordance with Section 65588,
is in substantial compliance with this article, and the jurisdiction
has met or exceeded its share of the regional housing need
allocation pursuant to Section 65584 for the planning period for
the income category proposed for the housing development project,
provided that any disapproval or conditional approval shall not be
based on any of the reasons prohibited by Section 65008. If the
housing development project includes a mix of income categories,
and the jurisdiction has not met or exceeded its share of the regional
housing need for one or more of those categories, then this
paragraph shall not be used to disapprove or conditionally approve
the housing development project. The share of the regional housing
need met by the jurisdiction shall be calculated consistently with
the forms and definitions that may be adopted by the Department
of Housing and Community Development pursuant to Section
65400. In the case of an emergency shelter, the jurisdiction shall
have met or exceeded the need for emergency shelter, as identified
pursuant to paragraph (7) of subdivision (a) of Section 65583. Any
disapproval or conditional approval pursuant to this paragraph
shall be in accordance with applicable law, rule, or standards.
(2) The housing development project or emergency shelter as
proposed would have a specific, adverse impact upon the public
health or safety, and there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact without rendering
the development unaffordable to low- and moderate-income
households or rendering the development of the emergency shelter
financially infeasible. As used in this paragraph, a “specific,
adverse impact” means a significant, quantifiable, direct, and
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unavoidable impact, based on objective, identified written public
health or safety standards, policies, or conditions as they existed
on the date the application was deemed complete. The following
shall not constitute a specific, adverse impact upon the public
health or safety:
(A) Inconsistency with the zoning ordinance or general plan
land use designation.
(B) The eligibility to claim a welfare exemption under
subdivision (g) of Section 214 of the Revenue and Taxation Code.
(3) The denial of the housing development project or imposition
of conditions is required in order to comply with specific state or
federal law, and there is no feasible method to comply without
rendering the development unaffordable to low- and
moderate-income households or rendering the development of the
emergency shelter financially infeasible.
(4) The housing development project or emergency shelter is
proposed on land zoned for agriculture or resource preservation
that is surrounded on at least two sides by land being used for
agricultural or resource preservation purposes, or which does not
have adequate water or wastewater facilities to serve the project.
(5) On the date an application for the housing development
project or emergency shelter was deemed complete, the jurisdiction
had adopted a revised housing element that was in substantial
compliance with this article, and the housing development project
or emergency shelter was inconsistent with both the jurisdiction’s
zoning ordinance and general plan land use designation as specified
in any element of the general plan.
(A) This paragraph shall not be utilized to disapprove or
conditionally approve a housing development project proposed on
a site, including a candidate site for rezoning, that is identified as
suitable or available for very low, low-, or moderate-income
households in the jurisdiction’s housing element if the housing
development project is consistent with the density specified in the
housing element, even though the housing development project
was inconsistent with both the jurisdiction’s zoning ordinance and
general plan land use designation on the date the application was
deemed complete.
(B) If the local agency has failed to identify a zone or zones
where emergency shelters are allowed as a permitted use without
a conditional use or other discretionary permit, has failed to
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demonstrate that the identified zone or zones include sufficient
capacity to accommodate the need for emergency shelter identified
in paragraph (7) of subdivision (a) of Section 65583, or has failed
to demonstrate that the identified zone or zones can accommodate
at least one emergency shelter, as required by paragraph (4) of
subdivision (a) of Section 65583, then this paragraph shall not be
utilized to disapprove or conditionally approve an emergency
shelter proposed for a site designated in any element of the general
plan for industrial, commercial, or multifamily residential uses. In
any action in court, the burden of proof shall be on the local agency
to show that its housing element does satisfy the requirements of
paragraph (4) of subdivision (a) of Section 65583.
(6) On the date an application for the housing development
project or emergency shelter was deemed complete, the jurisdiction
did not have an adopted revised housing element that was in
substantial compliance with this article and the housing
development project is not a builder’s remedy project.
(e) Nothing in this section shall be construed to relieve the local
agency from complying with the congestion management program
required by Chapter 2.6 (commencing with Section 65088) or the
California Coastal Act of 1976 (Division 20 (commencing with
Section 30000) of the Public Resources Code). Neither shall
anything in this section be construed to relieve the local agency
from making one or more of the findings required pursuant to
Section 21081 of the Public Resources Code or otherwise
complying with the California Environmental Quality Act (Division
13 (commencing with Section 21000) of the Public Resources
Code).
(f) (1) Except as provided in paragraphs (6) and (8), and
subdivision (o), nothing in this section shall be construed to
prohibit a local agency from requiring the housing development
project to comply with objective, quantifiable, written development
standards, conditions, and policies appropriate to, and consistent
with, meeting the jurisdiction’s share of the regional housing need
pursuant to Section 65584. However, the development standards,
conditions, and policies shall be applied to facilitate and
accommodate development at the density permitted on the site and
proposed by the development. Nothing in this section shall limit
a project’s eligibility for a density bonus, incentive, or concession,
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or waiver or reduction of development standards and parking ratios,
pursuant to Section 65915.
(2) Except as provided in subdivision (o), nothing in this section
shall be construed to prohibit a local agency from requiring an
emergency shelter project to comply with objective, quantifiable,
written development standards, conditions, and policies that are
consistent with paragraph (4) of subdivision (a) of Section 65583
and appropriate to, and consistent with, meeting the jurisdiction’s
need for emergency shelter, as identified pursuant to paragraph
(7) of subdivision (a) of Section 65583. However, the development
standards, conditions, and policies shall be applied by the local
agency to facilitate and accommodate the development of the
emergency shelter project.
(3) Except as provided in subdivision (o), nothing in this section
shall be construed to prohibit a local agency from imposing fees
and other exactions otherwise authorized by law that are essential
to provide necessary public services and facilities to the housing
development project or emergency shelter.
(4) For purposes of this section, a housing development project
or emergency shelter shall be deemed consistent, compliant, and
in conformity with an applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision if there is
substantial evidence that would allow a reasonable person to
conclude that the housing development project or emergency
shelter is consistent, compliant, or in conformity.
(5) For purposes of this section, a change to the zoning ordinance
or general plan land use designation subsequent to the date the
application was deemed complete shall not constitute a valid basis
to disapprove or condition approval of the housing development
project or emergency shelter.
(6) Notwithstanding paragraphs (1) to (5), inclusive, all of the
following apply to a housing development project that is a builder’s
remedy project:
(A) A local agency may only require the project to comply with
the objective, quantifiable, written development standards,
conditions, and policies that would have applied to the project had
it been proposed on a site with a general plan designation and
zoning classification that allow the density and unit type proposed
by the applicant. If the local agency has no general plan designation
or zoning classification that would have allowed the density and
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unit type proposed by the applicant, the development proponent
may identify any objective, quantifiable, written development
standards, conditions, and policies associated with a different
general plan designation or zoning classification within that
jurisdiction, that facilitate the project’s density and unit type, and
those shall apply.
(B) (i) Except as authorized by paragraphs (1) to (4), inclusive,
of subdivision (d), a local agency shall not apply any individual
or combination of objective, quantifiable, written development
standards, conditions, and policies to the project that do any of the
following:
(I) Render the project infeasible.
(II) Preclude a project that meets the requirements allowed to
be imposed by subparagraph (A), as modified by any density bonus,
incentive, or concession, or waiver or reduction of development
standards and parking ratios, pursuant to Section 65915, from
being constructed as proposed by the applicant.
(ii) The local agency shall bear the burden of proof of complying
with clause (i).
(C) (i) A project applicant that qualifies for a density bonus
pursuant to Section 65915 shall receive two incentives or
concessions in addition to those granted pursuant to paragraph (2)
of subdivision (d) of Section 65915.
(ii) For a project seeking density bonuses, incentives,
concessions, or any other benefits pursuant to Section 65915, and
notwithstanding paragraph (6) of subdivision (o) of Section 65915,
for purposes of this paragraph, maximum allowable residential
density or base density means the density permitted for a builder’s
remedy project pursuant to subparagraph (C) of paragraph (11) of
subdivision (h).
(iii) A local agency shall grant any density bonus pursuant to
Section 65915 based on the number of units proposed and
allowable pursuant to subparagraph (C) of paragraph (11) of
subdivision (h).
(iv) A project that dedicates units to extremely low income
households pursuant to subclause (I) of clause (i) of subparagraph
(C) of paragraph (3) of subdivision (h) shall be eligible for the
same density bonus, incentives or concessions, and waivers or
reductions of development standards as provided to a housing
development project that dedicates three percentage points more
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units to very low income households pursuant to paragraph (2) of
subdivision (f) of Section 65915.
(v) All units dedicated to extremely low income, very low
income, low-income, and moderate-income households pursuant
to paragraph (11) of subdivision (h) shall be counted as affordable
units in determining whether the applicant qualifies for a density
bonus pursuant to Section 65915.
(D) (i) The project shall not be required to apply for, or receive
approval of, a general plan amendment, specific plan amendment,
rezoning, or other legislative approval.
(ii) The project shall not be required to apply for, or receive,
any approval or permit not generally required of a project of the
same type and density proposed by the applicant.
(iii) Any project that complies with this paragraph shall be
deemed consistent, compliant, and in conformity with an applicable
plan, program, policy, ordinance, standard, requirement,
redevelopment plan and implementing instruments, or other similar
provision for all purposes, and shall not be considered or treated
as a nonconforming lot, use, or structure for any purpose.
(E) A local agency shall not adopt or impose any requirement,
process, practice, or procedure or undertake any course of conduct,
including, but not limited to, increased fees or inclusionary housing
requirements, that applies to a project solely or partially on the
basis that the project is a builder’s remedy project.
(F) (i) A builder’s remedy project shall be deemed to be in
compliance with the residential density standards for the purposes
of complying with subdivision (b) of Section 65912.123.
(ii) A builder’s remedy project shall be deemed to be in
compliance with the objective zoning standards, objective
subdivision standards, and objective design review standards for
the purposes of complying with paragraph (5) of subdivision (a)
of Section 65913.4.
(G) (i) (I) If the local agency had a local affordable housing
requirement, as defined in Section 65912.101, that on January 1,
2024, required a greater percentage of affordable units than
required under subparagraph (A) of paragraph (11) of subdivision
(h), or required an affordability level deeper than what is required
under subparagraph (A) of paragraph (11) of subdivision (h), then,
except as provided in subclauses (II) and (III), the local agency
may require a housing development for mixed-income households
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to comply with an otherwise lawfully applicable local affordability
percentage or affordability level. The local agency shall not require
housing for mixed-income households to comply with any other
aspect of the local affordable housing requirement.
(II) Notwithstanding subclause (I), the local affordable housing
requirements shall not be applied to require housing for
mixed-income households to dedicate more than 20 percent of the
units to affordable units of any kind.
(III) Housing for mixed-income households that is required to
dedicate 20 percent of the units to affordable units shall not be
required to dedicate any of the affordable units at an income level
deeper than lower income households, as defined in Section
50079.5 of the Health and Safety Code.
(IV) A local agency may only require housing for mixed-income
households to comply with the local percentage requirement or
affordability level described in subclause (I) if it first makes written
findings, supported by a preponderance of evidence, that
compliance with the local percentage requirement or the
affordability level, or both, would not render the housing
development project infeasible. If a reasonable person could find
compliance with either requirement, either alone or in combination,
would render the project infeasible, the project shall not be required
to comply with that requirement.
(ii) Affordable units in the development project shall have a
comparable bedroom and bathroom count as the market rate units.
(iii) Each affordable unit dedicated pursuant to this subparagraph
shall count toward satisfying a local affordable housing
requirement. Each affordable unit dedicated pursuant to a local
affordable housing requirement that meets the criteria established
in this subparagraph shall count towards satisfying the requirements
of this subparagraph. This is declaratory of existing law.
(7) (A) For a housing development project application that is
deemed complete before January 1, 2025, the development
proponent for the project may choose to be subject to the provisions
of this section that were in place on the date the preliminary
application was submitted, or, if the project meets the definition
of a builder’s remedy project, it may choose to be subject to any
or all of the provisions of this section applicable as of January 1,
2025.
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(B) Notwithstanding subdivision (c) of Section 65941.1, for a
housing development project deemed complete before January 1,
2025, the development proponent may choose to revise their
application so that the project is a builder’s remedy project, without
being required to resubmit a preliminary application, even if the
revision results in the number of residential units or square footage
of construction changing by 20 percent or more.
(8) A housing development project proposed on a site that is
identified as suitable or available for very low, low-, or
moderate-income households in the jurisdiction’s housing element,
that is consistent with the density specified in the most recently
updated and adopted housing element, and that is inconsistent with
both the jurisdiction’s zoning ordinance and general plan land use
designation on the date the application was deemed complete, shall
be subject to the provisions of subparagraphs (A), (B), and (D) of
paragraph (6) and paragraph (9).
(9) For purposes of this subdivision, “objective, quantifiable,
written development standards, conditions, and policies” means
criteria that involve no personal or subjective judgment by a public
official and are uniformly verifiable by reference to an external
and uniform benchmark or criterion available and knowable by
both the development applicant or proponent and the public official
before submittal, including, but not limited to, any standard,
ordinance, or policy described in paragraph (4) of subdivision (o).
Nothing herein shall affect the obligation of the housing
development project to comply with the minimum building
standards approved by the California Building Standards
Commission as provided in Part 2.5 (commencing with Section
18901) of Division 13 of the Health and Safety Code. In the event
that applicable objective, quantifiable, written development
standards, conditions, and policies are mutually inconsistent, a
development shall be deemed consistent with the criteria that
permits the density and unit type closest to that of the proposed
project.
(g) This section shall be applicable to charter cities because the
Legislature finds that the lack of housing, including emergency
shelter, is a critical statewide problem.
(h) The following definitions apply for the purposes of this
section:
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AB 1621 — 15 —
(1) “Feasible” means capable of being accomplished in a
successful manner within a reasonable period of time, taking into
account economic, environmental, social, and technological factors.
(2) “Housing development project” means a use consisting of
any of the following:
(A) Residential units only.
(B) Mixed-use developments consisting of residential and
nonresidential uses that meet any of the following conditions:
(i) A mixed-use development that meets both of the following:
(I) At least two-thirds of the new or converted square footage
is designated for residential use.
(II) (ia) No portion of the project is designated for use as a
hotel, motel, bed and breakfast inn, or other transient lodging.
(ib) (Ia) Notwithstanding sub-subclause (ia), if a mixed-use
project as defined in this paragraph includes a hotel, motel, bed
and breakfast inn, or other transient lodging, the portion of the
mixed-use project which does not include a hotel, motel, bed and
breakfast inn, or other transient lodging shall be considered a
housing development project.
(Ib) The local agency may separately approve the portion of the
project that includes a hotel, motel, bed and breakfast inn, or other
transient lodging, which shall not be eligible for any benefits
conferred on a housing development project by state law, including,
but not limited to, those available to a development under Section
65913.4.
(ic) For purposes of this subclause, the term “other transient
lodging” does not include either of the following:
(Ia) A residential hotel, as defined in Section 50519 of the Health
and Safety Code.
(Ib) After the issuance of a certificate of occupancy, a resident’s
use or marketing of a unit as short-term lodging, as defined in
Section 17568.8 of the Business and Professions Code, in a manner
consistent with local law.
(ii) At least 50 percent of the new or converted square footage
is designated for residential use and the project meets both of the
following:
(I) The project includes at least 500 net new residential units.
(II) No portion of the project is designated for use as a hotel,
motel, bed and breakfast inn, or other transient lodging, except a
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portion of the project may be designated for use as a residential
hotel, as defined in Section 50519 of the Health and Safety Code.
(iii) At least 50 percent of the net new or converted square
footage is designated for residential use and the project meets all
of the following:
(I) The project includes at least 500 net new residential units.
(II) The project involves the demolition or conversion of at least
100,000 square feet of nonresidential use.
(III) The project demolishes at least 50 percent of the existing
nonresidential uses on the site.
(IV) No portion of the project is designated for use as a hotel,
motel, bed and breakfast inn, or other transient lodging, except a
portion of the project may be designated for use as a residential
hotel, as defined in Section 50519 of the Health and Safety Code.
(C) Transitional housing or supportive housing.
(D) Farmworker housing, as defined in subdivision (h) of
Section 50199.7 of the Health and Safety Code.
(3) (A) “Housing for very low, low-, or moderate-income
households” means housing for lower income households,
mixed-income households, or moderate-income households.
(B) “Housing for lower income households” means a housing
development project in which 100 percent of the units, excluding
managers’ units, are dedicated to lower income households, as
defined in Section 50079.5 of the Health and Safety Code, at an
affordable cost, as defined by Section 50052.5 of the Health and
Safety Code, or an affordable rent set in an amount consistent with
the rent limits established by the California Tax Credit Allocation
Committee. The units shall be subject to a recorded deed restriction
for a period of 55 years for rental units and 45 years for
owner-occupied units.
(C) (i) “Housing for mixed-income households” means any of
the following:
(I) A housing development project in which at least 7 percent
of the total units, as defined in subparagraph (A) of paragraph (9)
of subdivision (o) of Section 65915, are dedicated to extremely
low income households, as defined in Section 50106 of the Health
and Safety Code.
(II) A housing development project in which at least 10 percent
of the total units, as defined in subparagraph (A) of paragraph (9)
of subdivision (o) of Section 65915, are dedicated to very low
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AB 1621 — 17 —
income households, as defined in Section 50105 of the Health and
Safety Code.
(III) A housing development project in which at least 13 percent
of the total units, as defined in subparagraph (A) of paragraph (9)
of subdivision (o) of Section 65915, are dedicated to lower income
households, as defined in Section 50079.5 of the Health and Safety
Code.
(IV) A housing development project in which there are 10 or
fewer total units, as defined in subparagraph (A) of paragraph (9)
of subdivision (o) of Section 65915, that is on a site that is smaller
than one acre, and that is proposed for development at a minimum
density of 10 units per acre.
(ii) All units dedicated to extremely low income, very low
income, and low-income households pursuant to clause (i) shall
meet both of the following:
(I) The units shall have an affordable housing cost, as defined
in Section 50052.5 of the Health and Safety Code, or an affordable
rent, as defined in Section 50053 of the Health and Safety Code.
(II) The development proponent shall agree to, and the local
agency shall ensure, the continued affordability of all affordable
rental units included pursuant to this section for 55 years and all
affordable ownership units included pursuant to this section for a
period of 45 years.
(D) “Housing for moderate-income households” means a
housing development project in which 100 percent of the units are
sold or rented to moderate-income households, as defined in
Section 50093 of the Health and Safety Code, at an affordable
housing cost, as defined in Section 50052.5 of the Health and
Safety Code, or an affordable rent, as defined in Section 50053 of
the Health and Safety Code. The units shall be subject to a recorded
deed restriction for a period of 55 years for rental units and 45
years for owner-occupied units.
(4) “Area median income” means area median income as
periodically established by the Department of Housing and
Community Development pursuant to Section 50093 of the Health
and Safety Code.
(5) Notwithstanding any other law, “deemed complete” means
that the applicant has submitted a preliminary application pursuant
to Section 65941.1 or, if the applicant has not submitted a
preliminary application, has submitted a complete application
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pursuant to Section 65943. The local agency shall bear the burden
of proof in establishing that the application is not complete.
(6) “Disapprove the housing development project” includes any
instance in which a local agency does any of the following:
(A) Votes or takes final administrative action on a proposed
housing development project application and the application is
disapproved, including any required land use approvals or
entitlements necessary for the issuance of a building permit.
(B) Fails to comply with the time periods specified in
subdivision (a) of Section 65950. An extension of time pursuant
to Article 5 (commencing with Section 65950) of Chapter 4.5 shall
be deemed to be an extension of time pursuant to this paragraph.
(C) Fails to comply with subdivisions (b) to (e), inclusive, of
Section 65913.3.
(D) Fails to meet the time limit specified in Section 17970.3 of
the Health and Safety Code.
(E) Fails to cease a course of conduct undertaken for an
improper purpose, such as to harass or to cause unnecessary delay
or needless increases in the cost of the proposed housing
development project, that effectively disapproves the proposed
housing development without taking final administrative action if
all of the following conditions are met:
(i) The project applicant provides written notice detailing the
challenged conduct and why it constitutes disapproval to the local
agency established under Section 65100.
(ii) Within five working days of receiving the applicant’s written
notice described in clause (i), the local agency shall post the notice
on the local agency’s internet website, provide a copy of the notice
to any person who has made a written request for notices pursuant
to subdivision (f) of Section 21167 of the Public Resources Code,
and file the notice with the county clerk of each county in which
the project will be located. The county clerk shall post the notice
and make it available for public inspection in the manner set forth
in subdivision (c) of Section 21152 of the Public Resources Code.
(iii) The local agency shall consider all objections, comments,
evidence, and concerns about the project or the applicant’s written
notice and shall not make a determination until at least 60 days
after the applicant has given written notice to the local agency
pursuant to clause (i).
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(iv) Within 90 days of receipt of the applicant’s written notice
described in clause (i), the local agency shall issue a written
statement that it will immediately cease the challenged conduct or
issue written findings that comply with both of the following
requirements:
(I) The findings articulate an objective basis for why the
challenged course of conduct is necessary.
(II) The findings provide clear instructions on what the applicant
must submit or supplement so that the local agency can make a
final determination regarding the next necessary approval or set
the date and time of the next hearing.
(v) (I) If a local agency continues the challenged course of
conduct described in the applicant’s written notice and fails to
issue the written findings described in clause (iv), the local agency
shall bear the burden of establishing that its course of conduct does
not constitute a disapproval of the housing development project
under this subparagraph in an action taken by the applicant.
(II) If an applicant challenges a local agency’s course of conduct
as a disapproval under this subparagraph, the local agency’s written
findings described in clause (iv) shall be incorporated into the
administrative record and be deemed to be the final administrative
action for purposes of adjudicating whether the local agency’s
course of conduct constitutes a disapproval of the housing
development project under this subparagraph.
(vi) A local agency’s action in furtherance of complying with
the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code),
including, but not limited to, imposing mitigating measures, shall
not constitute project disapproval under this subparagraph.
(F) Fails to comply with Section 65905.5. For purposes of this
subparagraph, a builder’s remedy project shall be deemed to
comply with the applicable, objective general plan and zoning
standards in effect at the time an application is deemed complete.
(G) (i) Determines that an application for a housing
development project is incomplete pursuant to subdivision (a) or
(b) of Section 65943 and includes in the determination an item
that is not required on the local agency’s submittal requirement
checklist. The local agency shall bear the burden of proof that the
required item is listed on the submittal requirement checklist.
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(ii) In a subsequent review of an application pursuant to Section
65943, requests the applicant provide new information that was
not identified in the initial determination and upholds this
determination in the final written determination on an appeal filed
pursuant to subdivision (c) of Section 65943. The local agency
shall bear the burden of proof that the required item was identified
in the initial determination.
(iii) Determines that an application for a housing development
project is incomplete pursuant to subdivision (a) or (b) of Section
65943, a reasonable person would conclude that the applicant has
submitted all of the items required on the local agency’s submittal
requirement checklist, and the local agency upholds this
determination in the final written determination on an appeal filed
pursuant to subdivision (c) of Section 65943.
(iv) If a local agency determines that an application is
incomplete under Section 65943 after two resubmittals of the
application by the applicant, the local agency shall bear the burden
of establishing that the determination is not an effective disapproval
of a housing development project under this section.
(H) Violates subparagraph (D) or (E) of paragraph (6) of
subdivision (f).
(I) Makes a written determination that a preliminary application
described in subdivision (a) of Section 65941.1 has expired or that
the applicant has otherwise lost its vested rights under the
preliminary application for any reason other than those described
in subdivisions (d) and (e) of Section 65941.1.
(J) (i) Fails to make a determination of whether the project is
exempt from the California Environmental Quality Act (Division
13 (commencing with Section 21000) of the Public Resources
Code), or commits an abuse of discretion, as defined in subdivision
(b) of Section 65589.5.1 if all of the conditions in Section
65589.5.1 are satisfied.
(ii) This subparagraph shall become inoperative on January 1,
2031.
(K) (i) Fails to adopt a negative declaration or addendum for
the project, to certify an environmental impact report for the
project, or to approve another comparable environmental document,
such as a sustainable communities environmental assessment
pursuant to Section 21155.2 of the Public Resources Code, as
required pursuant to the California Environmental Quality Act
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(Division 13 (commencing with Section 21000) of the Public
Resources Code), if all of the conditions in Section 65589.5.2 are
satisfied.
(ii) This subparagraph shall become inoperative on January 1,
2031.
(7) (A) For purposes of this section and Sections 65589.5.1 and
65589.5.2, “lawful determination” means any final decision about
whether to approve or disapprove a statutory or categorical
exemption or a negative declaration, addendum, environmental
impact report, or comparable environmental review document
under the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code)
that is not an abuse of discretion, as defined in subdivision (b) of
Section 65589.5.1 or subdivision (b) of Section 65589.5.2.
(B) This paragraph shall become inoperative on January 1, 2031.
(8) “Lower density” includes any conditions that have the same
effect or impact on the ability of the project to provide housing.
(9) “Objective” means involving no personal or subjective
judgment by a public official and being uniformly verifiable by
reference to an external and uniform benchmark or criterion
available and knowable by both the development applicant or
proponent and the public official.
(10) Notwithstanding any other law, “determined to be
complete” means that the applicant has submitted a complete
application pursuant to Section 65943.
(11) “Builder’s remedy project” means a project that meets all
of the following criteria:
(A) The project is a housing development project that provides
housing for very low, low-, or moderate-income households.
(B) On or after the date an application for the housing
development project or emergency shelter was deemed complete,
the jurisdiction did not have a housing element that was in
substantial compliance with this article.
(C) The project has a density such that the number of units, as
calculated before the application of a density bonus pursuant to
Section 65915, complies with all of the following conditions:
(i) The density does not exceed the greatest of the following
densities:
(I) Fifty percent greater than the minimum density deemed
appropriate to accommodate housing for that jurisdiction as
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specified in subparagraph (B) of paragraph (3) of subdivision (c)
of Section 65583.2.
(II) Three times the density allowed by the general plan, zoning
ordinance, or state law, whichever is greater.
(III) The density that is consistent with the density specified in
the housing element.
(ii) Notwithstanding clause (i), the greatest allowable density
shall be 35 units per acre more than the amount allowable pursuant
to clause (i), if any portion of the site is located within any of the
following:
(I) One-half mile of a major transit stop, as defined in Section
21064.3 of the Public Resources Code.
(II) A very low vehicle travel area, as defined in subdivision
(b) of Section 65589.5.1.
(III) A high or highest resource census tract, as identified by
the latest edition of the “CTCAC/HCD Opportunity Map”
published by the California Tax Credit Allocation Committee and
the Department of Housing and Community Development.
(D) (i) On sites that have a minimum density requirement and
are located within one-half mile of a commuter rail station or a
heavy rail station, the density of the project shall not be less than
the minimum density required on the site.
(I) For purposes of this subparagraph, “commuter rail” means
a railway that is not a light rail, streetcar, trolley, or tramway and
that is for urban passenger train service consisting of local short
distance travel operating between a central city and adjacent suburb
with service operated on a regular basis by or under contract with
a transit operator for the purpose of transporting passengers within
urbanized areas, or between urbanized areas and outlying areas,
using either locomotive-hauled or self-propelled railroad passenger
cars, with multitrip tickets and specific station-to-station fares.
(II) For purposes of this subparagraph, “heavy rail” means an
electric railway with the capacity for a heavy volume of traffic
using high speed and rapid acceleration passenger rail cars
operating singly or in multicar trains on fixed rails, separate
rights-of-way from which all other vehicular and foot traffic are
excluded, and high platform loading.
(ii) On all other sites with a minimum density requirement, the
density of the project shall not be less than the local agency’s
minimum density or one-half of the minimum density deemed
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appropriate to accommodate housing for that jurisdiction as
specified in subparagraph (B) of paragraph (3) of subdivision (c)
of Section 65583.2, whichever is lower.
(E) The project site does not abut a site where more than
one-third of the square footage on the site has been used, within
the past three years, by a heavy industrial use, or a Title V
industrial use, as those terms are defined in Section 65913.16.
(12) “Condition approval” includes imposing on the housing
development project, or attempting to subject it to, development
standards, conditions, or policies.
(13) “Unit type” means the form of ownership and the kind of
residential unit, including, but not limited to, single-family
detached, single-family attached, for-sale, rental, multifamily,
townhouse, condominium, apartment, manufactured homes and
mobilehomes, factory-built housing, and residential hotel.
(14) “Proposed by the applicant” means the plans and designs
as submitted by the applicant, including, but not limited to, density,
unit size, unit type, site plan, building massing, floor area ratio,
amenity areas, open space, parking, and ancillary commercial uses.
(i) If any city, county, or city and county denies approval or
imposes conditions, including design changes, lower density, or
a reduction of the percentage of a lot that may be occupied by a
building or structure under the applicable planning and zoning in
force at the time the housing development project’s application is
complete, that have a substantial adverse effect on the viability or
affordability of a housing development for very low, low-, or
moderate-income households, and the denial of the development
or the imposition of conditions on the development is the subject
of a court action which challenges the denial or the imposition of
conditions, then the burden of proof shall be on the local legislative
body to show that its decision is consistent with the findings as
described in subdivision (d), and that the findings are supported
by a preponderance of the evidence in the record, and with the
requirements of subdivision (o).
(j) (1) When a proposed housing development project complies
with applicable, objective general plan, zoning, and subdivision
standards and criteria, including design review standards, in effect
at the time that the application was deemed complete, but the local
agency proposes to disapprove the project or to impose a condition
that the project be developed at a lower density, the local agency
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shall base its decision regarding the proposed housing development
project upon written findings supported by a preponderance of the
evidence on the record that both of the following conditions exist:
(A) The housing development project would have a specific,
adverse impact upon the public health or safety unless the project
is disapproved or approved upon the condition that the project be
developed at a lower density. As used in this paragraph, a “specific,
adverse impact” means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public
health or safety standards, policies, or conditions as they existed
on the date the application was deemed complete.
(B) There is no feasible method to satisfactorily mitigate or
avoid the adverse impact identified pursuant to paragraph (1), other
than the disapproval of the housing development project or the
approval of the project upon the condition that it be developed at
a lower density.
(2) (A) If the local agency considers a proposed housing
development project to be inconsistent, not in compliance, or not
in conformity with an applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision as specified in
this subdivision, it shall provide the applicant with written
documentation identifying the provision or provisions, and an
explanation of the reason or reasons it considers the housing
development to be inconsistent, not in compliance, or not in
conformity as follows:
(i) Within 30 days of the date that the application for the housing
development project is determined to be complete, if the housing
development project contains 150 or fewer housing units.
(ii) Within 60 days of the date that the application for the
housing development project is determined to be complete, if the
housing development project contains more than 150 units.
(B) If the local agency fails to provide the required
documentation pursuant to subparagraph (A), the housing
development project shall be deemed consistent, compliant, and
in conformity with the applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision.
(3) For purposes of this section, the receipt of a density bonus,
incentive, concession, waiver, or reduction of development
standards pursuant to Section 65915 shall not constitute a valid
basis on which to find a proposed housing development project is
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inconsistent, not in compliance, or not in conformity, with an
applicable plan, program, policy, ordinance, standard, requirement,
or other similar provision specified in this subdivision.
(4) For purposes of this section, a proposed housing development
project is not inconsistent with the applicable zoning standards
and criteria, and shall not require a rezoning, if the housing
development project is consistent with the objective general plan
standards and criteria but the zoning for the project site is
inconsistent with the general plan. If the local agency has complied
with paragraph (2), the local agency may require the proposed
housing development project to comply with the objective
standards and criteria of the zoning which is consistent with the
general plan, however, the standards and criteria shall be applied
to facilitate and accommodate development at the density allowed
on the site by the general plan and proposed by the proposed
housing development project.
(k) (1) (A) (i) The applicant, a person who would be eligible
to apply for residency in the housing development project or
emergency shelter, or a housing organization may bring an action
to enforce this section. If, in any action brought to enforce this
section, a court finds that any of the following are met, the court
shall issue an order pursuant to clause (ii):
(I) The local agency, in violation of subdivision (d), disapproved
a housing development project or conditioned its approval in a
manner rendering it infeasible for the development of an emergency
shelter, or housing for very low, low-, or moderate-income
households, including farmworker housing, without making the
findings required by this section.
(II) The local agency, in violation of subdivision (j), disapproved
a housing development project complying with applicable,
objective general plan and zoning standards and criteria, or imposed
a condition that the project be developed at a lower density, without
making the findings required by this section.
(III) The local agency, in violation of subdivision (o), required
or attempted to require a housing development project to comply
with an ordinance, policy, or standard not adopted and in effect
when a preliminary application was submitted.
(IV) The local agency violated a provision of this section
applicable to a builder’s remedy project.
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(ii) If the court finds that one of the conditions in clause (i) is
met, the court shall issue an order or judgment compelling
compliance with this section within a time period not to exceed
60 days, including, but not limited to, an order that the local agency
take action on the housing development project or emergency
shelter. The court may issue an order or judgment directing the
local agency to approve the housing development project or
emergency shelter if the court finds that the local agency acted in
bad faith when it disapproved or conditionally approved the
housing development or emergency shelter in violation of this
section. The court shall retain jurisdiction to ensure that its order
or judgment is carried out and shall award reasonable attorney’s
fees and costs of suit to the plaintiff or petitioner, provided,
however, that the court shall not award attorney’s fees in either of
the following instances:
(I) The court finds, under extraordinary circumstances, that
awarding fees would not further the purposes of this section.
(II) (ia) In a case concerning a disapproval within the meaning
of subparagraph (J) or (K) of paragraph (6) of subdivision (h), the
court finds that the local agency acted in good faith and had
reasonable cause to disapprove the housing development project
due to the existence of a controlling question of law about the
application of the California Environmental Quality Act (Division
13 (commencing with Section 21000) of the Public Resources
Code) or implementing guidelines as to which there was a
substantial ground for difference of opinion at the time of the
disapproval.
(ib) This subclause shall become inoperative on January 1, 2031.
(B) Upon a determination that the local agency has failed to
comply with the order or judgment compelling compliance with
this section within the time period prescribed by the court, the
court shall impose fines on a local agency that has violated this
section and require the local agency to deposit any fine levied
pursuant to this subdivision into a local housing trust fund. The
local agency may elect to instead deposit the fine into the Building
Homes and Jobs Trust Fund. The fine shall be in a minimum
amount of ten thousand dollars ($10,000) per housing unit in the
housing development project on the date the application was
deemed complete pursuant to Section 65943. In determining the
amount of the fine to impose, the court shall consider the local
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agency’s progress in attaining its target allocation of the regional
housing need pursuant to Section 65584 and any prior violations
of this section. Fines shall not be paid out of funds already
dedicated to affordable housing, including, but not limited to, Low
and Moderate Income Housing Asset Funds, funds dedicated to
housing for very low, low-, and moderate-income households, and
federal HOME Investment Partnerships Program and Community
Development Block Grant Program funds. The local agency shall
commit and expend the money in the local housing trust fund
within five years for the sole purpose of financing newly
constructed housing units affordable to extremely low, very low,
or low-income households. After five years, if the funds have not
been expended, the money shall revert to the state and be deposited
in the Building Homes and Jobs Trust Fund for the sole purpose
of financing newly constructed housing units affordable to
extremely low, very low, or low-income households.
(C) If the court determines that its order or judgment has not
been carried out within 60 days, the court may issue further orders
as provided by law to ensure that the purposes and policies of this
section are fulfilled, including, but not limited to, an order to vacate
the decision of the local agency and to approve the housing
development project, in which case the application for the housing
development project, as proposed by the applicant at the time the
local agency took the initial action determined to be in violation
of this section, along with any standard conditions determined by
the court to be generally imposed by the local agency on similar
projects, shall be deemed to be approved unless the applicant
consents to a different decision or action by the local agency.
(D) Nothing in this section shall limit the court’s inherent
authority to make any other orders to compel the immediate
enforcement of any writ brought under this section, including the
imposition of fees and other sanctions set forth under Section 1097
of the Code of Civil Procedure.
(2) For purposes of this subdivision, “housing organization”
means a trade or industry group whose local members are primarily
engaged in the construction or management of housing units or a
nonprofit organization whose mission includes providing or
advocating for increased access to housing for low-income
households and have filed written or oral comments with the local
agency prior to action on the housing development project. A
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housing organization may only file an action pursuant to this
section to challenge the disapproval of a housing development by
a local agency. A housing organization shall be entitled to
reasonable attorney’s fees and costs if it is the prevailing party in
an action to enforce this section.
(l) If the court finds that the local agency (1) acted in bad faith
when it violated this section and (2) failed to carry out the court’s
order or judgment within the time period prescribed by the court,
the court, in addition to any other remedies provided by this
section, shall multiply the fine determined pursuant to subparagraph
(B) of paragraph (1) of subdivision (k) by a factor of five. If a court
has previously found that the local agency violated this section
within the same planning period, the court shall multiply the fines
by an additional factor for each previous violation. For purposes
of this section, “bad faith” includes, but is not limited to, an action
or inaction that is frivolous, pretextual, intended to cause
unnecessary delay, or entirely without merit.
(m) (1) Any action brought to enforce the provisions of this
section shall be brought pursuant to Section 1094.5 of the Code
of Civil Procedure, and the local agency shall prepare and certify
the record of proceedings in accordance with subdivision (c) of
Section 1094.6 of the Code of Civil Procedure no later than 30
days after the petition is served, provided that the cost of
preparation of the record shall be borne by the local agency, unless
the petitioner elects to prepare the record as provided in subdivision
(n) of this section. A petition to enforce the provisions of this
section shall be filed and served no later than 90 days from the
later of (1) the effective date of a decision of the local agency
imposing conditions on, disapproving, or any other final action on
a housing development project or (2) the expiration of the time
periods specified in subparagraph (B) of paragraph (6) of
subdivision (h). Upon entry of the trial court’s order, a party may,
in order to obtain appellate review of the order, file a petition
within 20 days after service upon it of a written notice of the entry
of the order, or within such further time not exceeding an additional
20 days as the trial court may for good cause allow, or may appeal
the judgment or order of the trial court under Section 904.1 of the
Code of Civil Procedure. If the local agency appeals the judgment
of the trial court, the local agency shall post a bond, in an amount
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to be determined by the court, to the benefit of the plaintiff if the
plaintiff is the project applicant.
(2) (A) A disapproval within the meaning of subparagraph (J)
of paragraph (6) of subdivision (h) shall be final for purposes of
this subdivision, if the local agency did not make a lawful
determination within the time period set forth in paragraph (5) of
subdivision (a) of Section 65589.5.1 after the applicant’s timely
written notice.
(B) This paragraph shall become inoperative on January 1, 2031.
(3) (A) A disapproval within the meaning of subparagraph (K)
of paragraph (6) of subdivision (h) shall be final for purposes of
this subdivision, if the local agency did not make a lawful
determination within 90 days of the applicant’s timely written
notice.
(B) This paragraph shall become inoperative on January 1, 2031.
(n) In any action, the record of the proceedings before the local
agency shall be filed as expeditiously as possible and,
notwithstanding Section 1094.6 of the Code of Civil Procedure or
subdivision (m), all or part of the record may be prepared (1) by
the petitioner with the petition or petitioner’s points and authorities,
(2) by the respondent with respondent’s points and authorities, (3)
after payment of costs by the petitioner, or (4) as otherwise directed
by the court. If the expense of preparing the record has been borne
by the petitioner and the petitioner is the prevailing party, the
expense shall be taxable as costs.
(o) (1) Subject to paragraphs (2), (6), and (7), and subdivision
(d) of Section 65941.1, a housing development project shall be
subject only to the ordinances, policies, and standards adopted and
in effect when a preliminary application including all of the
information required by subdivision (a) of Section 65941.1 was
submitted.
(2) Paragraph (1) shall not prohibit a housing development
project from being subject to ordinances, policies, and standards
adopted after the preliminary application was submitted pursuant
to Section 65941.1 in the following circumstances:
(A) In the case of a fee, charge, or other monetary exaction, to
an increase resulting from an automatic annual adjustment based
on an independently published cost index that is referenced in the
ordinance or resolution establishing the fee or other monetary
exaction.
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(B) A preponderance of the evidence in the record establishes
that subjecting the housing development project to an ordinance,
policy, or standard beyond those in effect when a preliminary
application was submitted is necessary to mitigate or avoid a
specific, adverse impact upon the public health or safety, as defined
in subparagraph (A) of paragraph (1) of subdivision (j), and there
is no feasible alternative method to satisfactorily mitigate or avoid
the adverse impact.
(C) Subjecting the housing development project to an ordinance,
policy, standard, or any other measure, beyond those in effect when
a preliminary application was submitted is necessary to avoid or
substantially lessen an impact of the project under the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
(D) The housing development project has not commenced
construction within two and one-half years, or three and one-half
years for an affordable housing project, following the date that the
project received final approval. For purposes of this subparagraph:
(i) “Affordable housing project” means a housing development
that satisfies both of the following requirements:
(I) Units within the development are subject to a recorded
affordability restriction for at least 55 years for rental housing and
45 years for owner-occupied housing, or the first purchaser of each
unit participates in an equity sharing agreement as described in
subparagraph (C) of paragraph (2) of subdivision (c) of Section
65915.
(II) All of the units within the development, excluding managers’
units, are dedicated to lower income households, as defined by
Section 50079.5 of the Health and Safety Code.
(ii) “Final approval” means that the housing development project
has received all necessary approvals to be eligible to apply for,
and obtain, a building permit or permits and either of the following
is met:
(I) The expiration of all applicable appeal periods, petition
periods, reconsideration periods, or statute of limitations for
challenging that final approval without an appeal, petition, request
for reconsideration, or legal challenge having been filed.
(II) If a challenge is filed, that challenge is fully resolved or
settled in favor of the housing development project.
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(E) The housing development project is revised following
submittal of a preliminary application pursuant to Section 65941.1
such that the number of residential units or square footage of
construction changes by 20 percent or more, exclusive of any
increase resulting from the receipt of a density bonus, incentive,
concession, waiver, or similar provision, including any other locally
authorized program that offers additional density or other
development bonuses when affordable housing is provided. For
purposes of this subdivision, “square footage of construction”
means the building area, as defined by the California Building
Standards Code (Title 24 of the California Code of Regulations).
(3) This subdivision does not prevent a local agency from
subjecting the additional units or square footage of construction
that result from project revisions occurring after a preliminary
application is submitted pursuant to Section 65941.1 to the
ordinances, policies, and standards adopted and in effect when the
preliminary application was submitted.
(4) For purposes of this subdivision, “ordinances, policies, and
standards” includes general plan, community plan, specific plan,
zoning, design review standards and criteria, subdivision standards
and criteria, and any other rules, regulations, requirements, and
policies of a local agency, as defined in Section 66000, including
those relating to development impact fees, capacity or connection
fees or charges, permit or processing fees, and other exactions.
(5) This subdivision shall not be construed in a manner that
would lessen the restrictions imposed on a local agency, or lessen
the protections afforded to a housing development project, that are
established by any other law, including any other part of this
section.
(6) This subdivision shall not restrict the authority of a public
agency or local agency to require mitigation measures to lessen
the impacts of a housing development project under the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
(7) With respect to completed residential units for which the
project approval process is complete and a certificate of occupancy
has been issued, nothing in this subdivision shall limit the
application of later enacted ordinances, policies, and standards
that regulate the use and occupancy of those residential units, such
as ordinances relating to rental housing inspection, rent
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stabilization, restrictions on short-term renting, and business
licensing requirements for owners of rental housing.
(p) (1) Upon any motion for an award of attorney’s fees
pursuant to Section 1021.5 of the Code of Civil Procedure, in a
case challenging a local agency’s approval of a housing
development project, a court, in weighing whether a significant
benefit has been conferred on the general public or a large class
of persons and whether the necessity of private enforcement makes
the award appropriate, shall give due weight to the degree to which
the local agency’s approval furthers policies of this section,
including, but not limited to, subdivisions (a), (b), and (c), the
suitability of the site for a housing development, and the
reasonableness of the decision of the local agency. It is the intent
of the Legislature that attorney’s fees and costs shall rarely, if ever,
be awarded if a local agency, acting in good faith, approved a
housing development project that satisfies conditions established
in paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.1
or paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.2.
(2) This subdivision shall become inoperative on January 1,
2031.
(q) This section shall be known, and may be cited, as the
Housing Accountability Act.
(r) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity shall
not affect other provisions or applications that can be given effect
without the invalid provision or application.
SEC. 1.5. Section 65589.5 of the Government Code is amended
to read:
65589.5. (a) (1) The Legislature finds and declares all of the
following:
(A) The lack of housing, including emergency shelters, is a
critical problem that threatens the economic, environmental, and
social quality of life in California.
(B) California housing has become the most expensive in the
nation. The excessive cost of the state’s housing supply is partially
caused by activities and policies of many local governments that
limit the approval of housing, increase the cost of land for housing,
and require that high fees and exactions be paid by producers of
housing.
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(C) Among the consequences of those actions are discrimination
against low-income and minority households, lack of housing to
support employment growth, imbalance in jobs and housing,
reduced mobility, urban sprawl, excessive commuting, and air
quality deterioration.
(D) Many local governments do not give adequate attention to
the economic, environmental, and social costs of decisions that
result in disapproval of housing development projects, reduction
in density of housing projects, and excessive standards for housing
development projects.
(2) In enacting the amendments made to this section by the act
adding this paragraph, the Legislature further finds and declares
the following:
(A) California has a housing supply and affordability crisis of
historic proportions. The consequences of failing to effectively
and aggressively confront this crisis are hurting millions of
Californians, robbing future generations of the chance to call
California home, stifling economic opportunities for workers and
businesses, worsening poverty and homelessness, and undermining
the state’s environmental and climate objectives.
(B) While the causes of this crisis are multiple and complex,
the absence of meaningful and effective policy reforms to
significantly enhance the approval and supply of housing affordable
to Californians of all income levels is a key factor.
(C) The crisis has grown so acute in California that supply,
demand, and affordability fundamentals are characterized in the
negative: underserved demands, constrained supply, and protracted
unaffordability.
(D) According to reports and data, California has accumulated
an unmet housing backlog of nearly 2,000,000 units and must
provide for at least 180,000 new units annually to keep pace with
growth through 2025.
(E) California’s overall home ownership rate is at its lowest
level since the 1940s. The state ranks 49th out of the 50 states in
home ownership rates as well as in the supply of housing per capita.
Only one-half of California’s households are able to afford the
cost of housing in their local regions.
(F) Lack of supply and rising costs are compounding inequality
and limiting advancement opportunities for many Californians.
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(G) The majority of California renters, more than 3,000,000
households, pay more than 30 percent of their income toward rent
and nearly one-third, more than 1,500,000 households, pay more
than 50 percent of their income toward rent.
(H) When Californians have access to safe and affordable
housing, they have more money for food and health care; they are
less likely to become homeless and in need of
government-subsidized services; their children do better in school;
and businesses have an easier time recruiting and retaining
employees.
(I) An additional consequence of the state’s cumulative housing
shortage is a significant increase in greenhouse gas emissions
caused by the displacement and redirection of populations to states
with greater housing opportunities, particularly working- and
middle-class households. California’s cumulative housing shortfall
therefore has not only national but international environmental
consequences.
(J) California’s housing picture has reached a crisis of historic
proportions despite the fact that, for decades, the Legislature has
enacted numerous statutes intended to significantly increase the
approval, development, and affordability of housing for all income
levels, including this section.
(K) The Legislature’s intent in enacting this section in 1982 and
in expanding its provisions since then was to significantly increase
the approval and construction of new housing for all economic
segments of California’s communities by meaningfully and
effectively curbing the capability of local governments to deny,
reduce the density for, or render infeasible housing development
projects and emergency shelters. That intent has not been fulfilled.
(L) It is the policy of the state that this section be interpreted
and implemented in a manner to afford the fullest possible weight
to the interest of, and the approval and provision of, housing.
(3) It is the intent of the Legislature that the conditions that
would have a specific, adverse impact upon the public health and
safety, as described in paragraph (2) of subdivision (d) and
paragraph (1) of subdivision (j), arise infrequently.
(4) It is the intent of the Legislature that the amendments
removing provisions from subparagraphs (D) and (E) of paragraph
(6) of subdivision (h) and adding those provisions to Sections
65589.5.1 and 65589.5.2 by Assembly Bill 1413 (2023), insofar
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as they are substantially the same as existing law, shall be
considered restatements and continuations of existing law, and not
new enactments.
(b) It is the policy of the state that a local government not reject
or make infeasible housing development projects, including
emergency shelters, that contribute to meeting the need determined
pursuant to this article without a thorough analysis of the economic,
social, and environmental effects of the action and without
complying with subdivision (d).
(c) The Legislature also recognizes that premature and
unnecessary development of agricultural lands for urban uses
continues to have adverse effects on the availability of those lands
for food and fiber production and on the economy of the state.
Furthermore, it is the policy of the state that development should
be guided away from prime agricultural lands; therefore, in
implementing this section, local jurisdictions should encourage,
to the maximum extent practicable, in filling existing urban areas.
(d) For a housing development project for very low, low-, or
moderate-income households, or an emergency shelter, a local
agency shall not disapprove the housing development project or
emergency shelter, or condition approval in a manner that renders
the housing development project or emergency shelter infeasible,
including through the use of design review standards, unless it
makes written findings, based upon a preponderance of the
evidence in the record, as to one of the following:
(1) The jurisdiction has adopted a housing element pursuant to
this article that has been revised in accordance with Section 65588,
is in substantial compliance with this article, and the jurisdiction
has met or exceeded its share of the regional housing need
allocation pursuant to Section 65584 for the planning period for
the income category proposed for the housing development project,
provided that any disapproval or conditional approval shall not be
based on any of the reasons prohibited by Section 65008. If the
housing development project includes a mix of income categories,
and the jurisdiction has not met or exceeded its share of the regional
housing need for one or more of those categories, then this
paragraph shall not be used to disapprove or conditionally approve
the housing development project. The share of the regional housing
need met by the jurisdiction shall be calculated consistently with
the forms and definitions that may be adopted by the Department
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of Housing and Community Development pursuant to Section
65400. In the case of an emergency shelter, the jurisdiction shall
have met or exceeded the need for emergency shelter, as identified
pursuant to paragraph (7) of subdivision (a) of Section 65583. Any
disapproval or conditional approval pursuant to this paragraph
shall be in accordance with applicable law, rule, or standards.
(2) The housing development project or emergency shelter as
proposed would have a specific, adverse impact upon the public
health or safety, and there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact without rendering
the development unaffordable to low- and moderate-income
households or rendering the development of the emergency shelter
financially infeasible. As used in this paragraph, a “specific,
adverse impact” means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public
health or safety standards, policies, or conditions as they existed
on the date the application was deemed complete. The following
shall not constitute a specific, adverse impact upon the public
health or safety:
(A) Inconsistency with the zoning ordinance or general plan
land use designation.
(B) The eligibility to claim a welfare exemption under
subdivision (g) of Section 214 of the Revenue and Taxation Code.
(3) The denial of the housing development project or imposition
of conditions is required in order to comply with specific state or
federal law, and there is no feasible method to comply without
rendering the development unaffordable to low- and
moderate-income households or rendering the development of the
emergency shelter financially infeasible.
(4) The housing development project or emergency shelter is
proposed on land zoned for agriculture or resource preservation
that is surrounded on at least two sides by land being used for
agricultural or resource preservation purposes, or which does not
have adequate water or wastewater facilities to serve the project.
(5) On the date an application for the housing development
project or emergency shelter was deemed complete, the jurisdiction
had adopted a revised housing element that was in substantial
compliance with this article, and the housing development project
or emergency shelter was inconsistent with both the jurisdiction’s
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zoning ordinance and general plan land use designation as specified
in any element of the general plan.
(A) This paragraph shall not be utilized to disapprove or
conditionally approve a housing development project proposed on
a site, including a candidate site for rezoning, that is identified as
suitable or available for very low, low-, or moderate-income
households in the jurisdiction’s housing element if the housing
development project is consistent with the density specified in the
housing element, even though the housing development project
was inconsistent with both the jurisdiction’s zoning ordinance and
general plan land use designation on the date the application was
deemed complete.
(B) If the local agency has failed to identify a zone or zones
where emergency shelters are allowed as a permitted use without
a conditional use or other discretionary permit, has failed to
demonstrate that the identified zone or zones include sufficient
capacity to accommodate the need for emergency shelter identified
in paragraph (7) of subdivision (a) of Section 65583, or has failed
to demonstrate that the identified zone or zones can accommodate
at least one emergency shelter, as required by paragraph (4) of
subdivision (a) of Section 65583, then this paragraph shall not be
utilized to disapprove or conditionally approve an emergency
shelter proposed for a site designated in any element of the general
plan for industrial, commercial, or multifamily residential uses. In
any action in court, the burden of proof shall be on the local agency
to show that its housing element does satisfy the requirements of
paragraph (4) of subdivision (a) of Section 65583.
(6) On the date an application for the housing development
project or emergency shelter was deemed complete, the jurisdiction
did not have an adopted revised housing element that was in
substantial compliance with this article and the housing
development project is not a builder’s remedy project.
(e) Nothing in this section shall be construed to relieve the local
agency from complying with the congestion management program
required by Chapter 2.6 (commencing with Section 65088) or the
California Coastal Act of 1976 (Division 20 (commencing with
Section 30000) of the Public Resources Code). Neither shall
anything in this section be construed to relieve the local agency
from making one or more of the findings required pursuant to
Section 21081 of the Public Resources Code or otherwise
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complying with the California Environmental Quality Act (Division
13 (commencing with Section 21000) of the Public Resources
Code).
(f) (1) Except as provided in paragraphs (6) and (8), and
subdivision (o), nothing in this section shall be construed to
prohibit a local agency from requiring the housing development
project to comply with objective, quantifiable, written development
standards, conditions, and policies appropriate to, and consistent
with, meeting the jurisdiction’s share of the regional housing need
pursuant to Section 65584. However, the development standards,
conditions, and policies shall be applied to facilitate and
accommodate development at the density permitted on the site and
proposed by the development. Nothing in this section shall limit
a project’s eligibility for a density bonus, incentive, or concession,
or waiver or reduction of development standards and parking ratios,
pursuant to Section 65915.
(2) Except as provided in subdivision (o), nothing in this section
shall be construed to prohibit a local agency from requiring an
emergency shelter project to comply with objective, quantifiable,
written development standards, conditions, and policies that are
consistent with paragraph (4) of subdivision (a) of Section 65583
and appropriate to, and consistent with, meeting the jurisdiction’s
need for emergency shelter, as identified pursuant to paragraph
(7) of subdivision (a) of Section 65583. However, the development
standards, conditions, and policies shall be applied by the local
agency to facilitate and accommodate the development of the
emergency shelter project.
(3) Except as provided in subdivision (o), nothing in this section
shall be construed to prohibit a local agency from imposing fees
and other exactions otherwise authorized by law that are essential
to provide necessary public services and facilities to the housing
development project or emergency shelter.
(4) For purposes of this section, a housing development project
or emergency shelter shall be deemed consistent, compliant, and
in conformity with an applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision if there is
substantial evidence that would allow a reasonable person to
conclude that the housing development project or emergency
shelter is consistent, compliant, or in conformity.
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(5) For purposes of this section, a change to the zoning ordinance
or general plan land use designation subsequent to the date the
application was deemed complete shall not constitute a valid basis
to disapprove or condition approval of the housing development
project or emergency shelter.
(6) Notwithstanding paragraphs (1) to (5), inclusive, all of the
following apply to a housing development project that is a builder’s
remedy project:
(A) A local agency may only require the project to comply with
the objective, quantifiable, written development standards,
conditions, and policies that would have applied to the project had
it been proposed on a site with a general plan designation and
zoning classification that allow the density and unit type proposed
by the applicant. If the local agency has no general plan designation
or zoning classification that would have allowed the density and
unit type proposed by the applicant, the development proponent
may identify any objective, quantifiable, written development
standards, conditions, and policies associated with a different
general plan designation or zoning classification within that
jurisdiction, that facilitate the project’s density and unit type, and
those shall apply.
(B) (i) Except as authorized by paragraphs (1) to (4), inclusive,
of subdivision (d), a local agency shall not apply any individual
or combination of objective, quantifiable, written development
standards, conditions, and policies to the project that do any of the
following:
(I) Render the project infeasible.
(II) Preclude a project that meets the requirements allowed to
be imposed by subparagraph (A), as modified by any density bonus,
incentive, or concession, or waiver or reduction of development
standards and parking ratios, pursuant to Section 65915, from
being constructed as proposed by the applicant.
(ii) The local agency shall bear the burden of proof of complying
with clause (i).
(C) (i) A project applicant that qualifies for a density bonus
pursuant to Section 65915 shall receive two incentives or
concessions in addition to those granted pursuant to paragraph (2)
of subdivision (d) of Section 65915.
(ii) For a project seeking density bonuses, incentives,
concessions, or any other benefits pursuant to Section 65915, and
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notwithstanding paragraph (6) of subdivision (o) of Section 65915,
for purposes of this paragraph, maximum allowable residential
density or base density means the density permitted for a builder’s
remedy project pursuant to subparagraph (C) of paragraph (11) of
subdivision (h).
(iii) A local agency shall grant any density bonus pursuant to
Section 65915 based on the number of units proposed and
allowable pursuant to subparagraph (C) of paragraph (11) of
subdivision (h).
(iv) A project that dedicates units to extremely low income
households pursuant to subclause (I) of clause (i) of subparagraph
(C) of paragraph (3) of subdivision (h) shall be eligible for the
same density bonus, incentives or concessions, and waivers or
reductions of development standards as provided to a housing
development project that dedicates three percentage points more
units to very low income households pursuant to paragraph (2) of
subdivision (f) of Section 65915.
(v) All units dedicated to extremely low income, very low
income, low-income, and moderate-income households pursuant
to paragraph (11) of subdivision (h) shall be counted as affordable
units in determining whether the applicant qualifies for a density
bonus pursuant to Section 65915.
(D) (i) The project shall not be required to apply for, or receive
approval of, a general plan amendment, specific plan amendment,
rezoning, or other legislative approval.
(ii) The project shall not be required to apply for, or receive,
any approval or permit not generally required of a project of the
same type and density proposed by the applicant.
(iii) Any project that complies with this paragraph shall be
deemed consistent, compliant, and in conformity with an applicable
plan, program, policy, ordinance, standard, requirement,
redevelopment plan and implementing instruments, or other similar
provision for all purposes, and shall not be considered or treated
as a nonconforming lot, use, or structure for any purpose.
(E) A local agency shall not adopt or impose any requirement,
process, practice, or procedure or undertake any course of conduct,
including, but not limited to, increased fees or inclusionary housing
requirements, that applies to a project solely or partially on the
basis that the project is a builder’s remedy project.
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(F) (i) A builder’s remedy project shall be deemed to be in
compliance with the residential density standards for the purposes
of complying with subdivision (b) of Section 65912.123.
(ii) A builder’s remedy project shall be deemed to be in
compliance with the objective zoning standards, objective
subdivision standards, and objective design review standards for
the purposes of complying with paragraph (5) of subdivision (a)
of Section 65913.4.
(G) (i) (I) If the local agency had a local affordable housing
requirement, as defined in Section 65912.101, that on January 1,
2024, required a greater percentage of affordable units than
required under subparagraph (A) of paragraph (11) of subdivision
(h), or required an affordability level deeper than what is required
under subparagraph (A) of paragraph (11) of subdivision (h), then,
except as provided in subclauses (II) and (III), the local agency
may require a housing development for mixed-income households
to comply with an otherwise lawfully applicable local affordability
percentage or affordability level. The local agency shall not require
housing for mixed-income households to comply with any other
aspect of the local affordable housing requirement.
(II) Notwithstanding subclause (I), the local affordable housing
requirements shall not be applied to require housing for
mixed-income households to dedicate more than 20 percent of the
units to affordable units of any kind.
(III) Housing for mixed-income households that is required to
dedicate 20 percent of the units to affordable units shall not be
required to dedicate any of the affordable units at an income level
deeper than lower income households, as defined in Section
50079.5 of the Health and Safety Code.
(IV) A local agency may only require housing for mixed-income
households to comply with the local percentage requirement or
affordability level described in subclause (I) if it first makes written
findings, supported by a preponderance of evidence, that
compliance with the local percentage requirement or the
affordability level, or both, would not render the housing
development project infeasible. If a reasonable person could find
compliance with either requirement, either alone or in combination,
would render the project infeasible, the project shall not be required
to comply with that requirement.
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(ii) Affordable units in the development project shall have a
comparable bedroom and bathroom count as the market rate units.
(iii) Each affordable unit dedicated pursuant to this subparagraph
shall count toward satisfying a local affordable housing
requirement. Each affordable unit dedicated pursuant to a local
affordable housing requirement that meets the criteria established
in this subparagraph shall count towards satisfying the requirements
of this subparagraph. This is declaratory of existing law.
(7) (A) For a housing development project application that is
deemed complete before January 1, 2025, the development
proponent for the project may choose to be subject to the provisions
of this section that were in place on the date the preliminary
application was submitted, or, if the project meets the definition
of a builder’s remedy project, it may choose to be subject to any
or all of the provisions of this section applicable as of January 1,
2025.
(B) Notwithstanding subdivision (c) of Section 65941.1, for a
housing development project deemed complete before January 1,
2025, the development proponent may choose to revise their
application so that the project is a builder’s remedy project, without
being required to resubmit a preliminary application, even if the
revision results in the number of residential units or square footage
of construction changing by 20 percent or more.
(8) A housing development project proposed on a site that is
identified as suitable or available for very low, low-, or
moderate-income households in the jurisdiction’s housing element,
that is consistent with the density specified in the most recently
updated and adopted housing element, and that is inconsistent with
both the jurisdiction’s zoning ordinance and general plan land use
designation on the date the application was deemed complete, shall
be subject to the provisions of subparagraphs (A), (B), and (D) of
paragraph (6) and paragraph (9).
(9) For purposes of this subdivision, “objective, quantifiable,
written development standards, conditions, and policies” means
criteria that involve no personal or subjective judgment by a public
official and are uniformly verifiable by reference to an external
and uniform benchmark or criterion available and knowable by
both the development applicant or proponent and the public official
before submittal, including, but not limited to, any standard,
ordinance, or policy described in paragraph (4) of subdivision (o).
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Nothing herein shall affect the obligation of the housing
development project to comply with the minimum building
standards approved by the California Building Standards
Commission as provided in Part 2.5 (commencing with Section
18901) of Division 13 of the Health and Safety Code. In the event
that applicable objective, quantifiable, written development
standards, conditions, and policies are mutually inconsistent, a
development shall be deemed consistent with the criteria that
permits the density and unit type closest to that of the proposed
project.
(g) This section shall be applicable to charter cities because the
Legislature finds that the lack of housing, including emergency
shelter, is a critical statewide problem.
(h) The following definitions apply for the purposes of this
section:
(1) “Feasible” means capable of being accomplished in a
successful manner within a reasonable period of time, taking into
account economic, environmental, social, and technological factors.
(2) “Housing development project” means a use consisting of
any of the following:
(A) Residential units only.
(B) Mixed-use developments consisting of residential and
nonresidential uses that meet any of the following conditions:
(i) A mixed-use development that meets both of the following:
(I) At least two-thirds of the new or converted square footage
is designated for residential use.
(II) (ia) No portion of the project is designated for use as a
hotel, motel, bed and breakfast inn, or other transient lodging.
(ib) (Ia) Notwithstanding sub-subclause (ia), if a mixed-use
project as defined in this paragraph includes a hotel, motel, bed
and breakfast inn, or other transient lodging, the portion of the
mixed-use project which does not include a hotel, motel, bed and
breakfast inn, or other transient lodging shall be considered a
housing development project.
(Ib) The local agency may separately approve the portion of the
project that includes a hotel, motel, bed and breakfast inn, or other
transient lodging, which shall not be eligible for any benefits
conferred on a housing development project by state law, including,
but not limited to, those available to a development under Section
65913.4.
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(ic) For purposes of this subclause, the term “other transient
lodging” does not include either of the following:
(Ia) A residential hotel, as defined in Section 50519 of the Health
and Safety Code.
(Ib) After the issuance of a certificate of occupancy, a resident’s
use or marketing of a unit as short-term lodging, as defined in
Section 17568.8 of the Business and Professions Code, in a manner
consistent with local law.
(ii) At least 50 percent of the new or converted square footage
is designated for residential use and the project meets both of the
following:
(I) The project includes at least 500 net new residential units.
(II) No portion of the project is designated for use as a hotel,
motel, bed and breakfast inn, or other transient lodging, except a
portion of the project may be designated for use as a residential
hotel, as defined in Section 50519 of the Health and Safety Code.
(iii) At least 50 percent of the net new or converted square
footage is designated for residential use and the project meets all
of the following:
(I) The project includes at least 500 net new residential units.
(II) The project involves the demolition or conversion of at least
100,000 square feet of nonresidential use.
(III) The project demolishes at least 50 percent of the existing
nonresidential uses on the site.
(IV) No portion of the project is designated for use as a hotel,
motel, bed and breakfast inn, or other transient lodging, except a
portion of the project may be designated for use as a residential
hotel, as defined in Section 50519 of the Health and Safety Code.
(C) Transitional housing or supportive housing.
(D) Farmworker housing, as defined in subdivision (h) of
Section 50199.7 of the Health and Safety Code.
(3) (A) “Housing for very low, low-, or moderate-income
households” means housing for lower income households,
mixed-income households, or moderate-income households.
(B) “Housing for lower income households” means a housing
development project in which 100 percent of the units, excluding
managers’ units, are dedicated to lower income households, as
defined in Section 50079.5 of the Health and Safety Code, at an
affordable cost, as defined by Section 50052.5 of the Health and
Safety Code, or an affordable rent set in an amount consistent with
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the rent limits established by the California Tax Credit Allocation
Committee. The units shall be subject to a recorded deed restriction
for a period of 55 years for rental units and 45 years for
owner-occupied units.
(C) (i) “Housing for mixed-income households” means any of
the following:
(I) A housing development project in which at least 7 percent
of the total units, as defined in subparagraph (A) of paragraph (9)
of subdivision (o) of Section 65915, are dedicated to extremely
low income households, as defined in Section 50106 of the Health
and Safety Code.
(II) A housing development project in which at least 10 percent
of the total units, as defined in subparagraph (A) of paragraph (9)
of subdivision (o) of Section 65915, are dedicated to very low
income households, as defined in Section 50105 of the Health and
Safety Code.
(III) A housing development project in which at least 13 percent
of the total units, as defined in subparagraph (A) of paragraph (9)
of subdivision (o) of Section 65915, are dedicated to lower income
households, as defined in Section 50079.5 of the Health and Safety
Code.
(IV) A housing development project in which there are 10 or
fewer total units, as defined in subparagraph (A) of paragraph (9)
of subdivision (o) of Section 65915, that is on a site that is smaller
than one acre, and that is proposed for development at a minimum
density of 10 units per acre.
(ii) All units dedicated to extremely low income, very low
income, and low-income households pursuant to clause (i) shall
meet both of the following:
(I) The units shall have an affordable housing cost, as defined
in Section 50052.5 of the Health and Safety Code, or an affordable
rent, as defined in Section 50053 of the Health and Safety Code.
(II) The development proponent shall agree to, and the local
agency shall ensure, the continued affordability of all affordable
rental units included pursuant to this section for 55 years and all
affordable ownership units included pursuant to this section for a
period of 45 years.
(D) “Housing for moderate-income households” means a
housing development project in which 100 percent of the units are
sold or rented to moderate-income households, as defined in
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Section 50093 of the Health and Safety Code, at an affordable
housing cost, as defined in Section 50052.5 of the Health and
Safety Code, or an affordable rent, as defined in Section 50053 of
the Health and Safety Code. The units shall be subject to a recorded
deed restriction for a period of 55 years for rental units and 45
years for owner-occupied units.
(4) “Area median income” means area median income as
periodically established by the Department of Housing and
Community Development pursuant to Section 50093 of the Health
and Safety Code.
(5) Notwithstanding any other law, “deemed complete” means
that the applicant has submitted a preliminary application pursuant
to Section 65941.1 or, if the applicant has not submitted a
preliminary application, has submitted a complete application
pursuant to Section 65943. The local agency shall bear the burden
of proof in establishing that the application is not complete.
(6) “Disapprove the housing development project” includes any
instance in which a local agency does any of the following:
(A) Votes or takes final administrative action on a proposed
housing development project application and the application is
disapproved, including any required land use approvals or
entitlements necessary for the issuance of a building permit.
(B) Fails to comply with the time periods specified in
subdivision (a) of Section 65950. An extension of time pursuant
to Article 5 (commencing with Section 65950) of Chapter 4.5 shall
be deemed to be an extension of time pursuant to this paragraph.
(C) Fails to comply with subdivisions (b) to (e), inclusive, of
Section 65913.3.
(D) Fails to meet the time limit specified in Section 17970.3 of
the Health and Safety Code.
(E) Fails to cease a course of conduct undertaken for an
improper purpose, such as to harass or to cause unnecessary delay
or needless increases in the cost of the proposed housing
development project, that effectively disapproves the proposed
housing development without taking final administrative action if
all of the following conditions are met:
(i) The project applicant provides written notice detailing the
challenged conduct and why it constitutes disapproval to the local
agency established under Section 65100.
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(ii) Within five working days of receiving the applicant’s written
notice described in clause (i), the local agency shall post the notice
on the local agency’s internet website, provide a copy of the notice
to any person who has made a written request for notices pursuant
to subdivision (f) of Section 21167 of the Public Resources Code,
and file the notice with the county clerk of each county in which
the project will be located. The county clerk shall post the notice
and make it available for public inspection in the manner set forth
in subdivision (c) of Section 21152 of the Public Resources Code.
(iii) The local agency shall consider all objections, comments,
evidence, and concerns about the project or the applicant’s written
notice and shall not make a determination until at least 60 days
after the applicant has given written notice to the local agency
pursuant to clause (i).
(iv) Within 90 days of receipt of the applicant’s written notice
described in clause (i), the local agency shall issue a written
statement that it will immediately cease the challenged conduct or
issue written findings that comply with both of the following
requirements:
(I) The findings articulate an objective basis for why the
challenged course of conduct is necessary.
(II) The findings provide clear instructions on what the applicant
must submit or supplement so that the local agency can make a
final determination regarding the next necessary approval or set
the date and time of the next hearing.
(v) (I) If a local agency continues the challenged course of
conduct described in the applicant’s written notice and fails to
issue the written findings described in clause (iv), the local agency
shall bear the burden of establishing that its course of conduct does
not constitute a disapproval of the housing development project
under this subparagraph in an action taken by the applicant.
(II) If an applicant challenges a local agency’s course of conduct
as a disapproval under this subparagraph, the local agency’s written
findings described in clause (iv) shall be incorporated into the
administrative record and be deemed to be the final administrative
action for purposes of adjudicating whether the local agency’s
course of conduct constitutes a disapproval of the housing
development project under this subparagraph.
(vi) A local agency’s action in furtherance of complying with
the California Environmental Quality Act (Division 13
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(commencing with Section 21000) of the Public Resources Code),
including, but not limited to, imposing mitigating measures, shall
not constitute project disapproval under this subparagraph.
(F) Fails to comply with Section 65905.5. For purposes of this
subparagraph, a builder’s remedy project shall be deemed to
comply with the applicable, objective general plan and zoning
standards in effect at the time an application is deemed complete.
(G) (i) Determines that an application for a housing
development project is incomplete pursuant to subdivision (a) or
(b) of Section 65943 and includes in the determination an item
that is not required on the local agency’s submittal requirement
checklist. The local agency shall bear the burden of proof that the
required item is listed on the submittal requirement checklist.
(ii) In a subsequent review of an application pursuant to Section
65943, requests the applicant provide new information that was
not identified in the initial determination and upholds this
determination in the final written determination on an appeal filed
pursuant to subdivision (c) of Section 65943. The local agency
shall bear the burden of proof that the required item was identified
in the initial determination.
(iii) Determines that an application for a housing development
project is incomplete pursuant to subdivision (a) or (b) of Section
65943, a reasonable person would conclude that the applicant has
submitted all of the items required on the local agency’s submittal
requirement checklist, and the local agency upholds this
determination in the final written determination on an appeal filed
pursuant to subdivision (c) of Section 65943.
(iv) If a local agency determines that an application is
incomplete under Section 65943 after two resubmittals of the
application by the applicant, the local agency shall bear the burden
of establishing that the determination is not an effective disapproval
of a housing development project under this section.
(H) Violates subparagraph (D) or (E) of paragraph (6) of
subdivision (f).
(I) Makes a written determination that a preliminary application
described in subdivision (a) of Section 65941.1 has expired or that
the applicant has otherwise lost its vested rights under the
preliminary application for any reason other than those described
in subdivisions (d) and (e) of Section 65941.1.
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(J) (i) Fails to make a determination of whether the project is
exempt from the California Environmental Quality Act (Division
13 (commencing with Section 21000) of the Public Resources
Code), or commits an abuse of discretion, as defined in subdivision
(b) of Section 65589.5.1 if all of the conditions in Section
65589.5.1 are satisfied.
(ii) This subparagraph shall become inoperative on January 1,
2031.
(K) (i) Fails to adopt a negative declaration or addendum for
the project, to certify an environmental impact report for the
project, or to approve another comparable environmental document,
such as a sustainable communities environmental assessment
pursuant to Section 21155.2 of the Public Resources Code, as
required pursuant to the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public
Resources Code), if all of the conditions in Section 65589.5.2 are
satisfied.
(ii) This subparagraph shall become inoperative on January 1,
2031.
(7) (A) For purposes of this section and Sections 65589.5.1 and
65589.5.2, “lawful determination” means any final decision about
whether to approve or disapprove a statutory or categorical
exemption or a negative declaration, addendum, environmental
impact report, or comparable environmental review document
under the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code)
that is not an abuse of discretion, as defined in subdivision (b) of
Section 65589.5.1 or subdivision (b) of Section 65589.5.2.
(B) This paragraph shall become inoperative on January 1, 2031.
(8) “Lower density” includes any conditions that have the same
effect or impact on the ability of the project to provide housing.
(9) “Objective” means involving no personal or subjective
judgment by a public official and being uniformly verifiable by
reference to an external and uniform benchmark or criterion
available and knowable by both the development applicant or
proponent and the public official.
(10) Notwithstanding any other law, “determined to be
complete” means that the applicant has submitted a complete
application pursuant to Section 65943.
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(11) “Builder’s remedy project” means a project that meets all
of the following criteria:
(A) The project is a housing development project that provides
housing for very low, low-, or moderate-income households.
(B) On or after the date an application for the housing
development project or emergency shelter was deemed complete,
the jurisdiction did not have a housing element that was in
substantial compliance with this article.
(C) The project has a density such that the number of units, as
calculated before the application of a density bonus pursuant to
Section 65915, complies with all of the following conditions:
(i) The density does not exceed the greatest of the following
densities:
(I) Fifty percent greater than the minimum density deemed
appropriate to accommodate housing for that jurisdiction as
specified in subparagraph (B) of paragraph (3) of subdivision (c)
of Section 65583.2.
(II) Three times the density allowed by the general plan, zoning
ordinance, or state law, whichever is greater.
(III) The density that is consistent with the density specified in
the housing element.
(ii) Notwithstanding clause (i), the greatest allowable density
shall be 35 units per acre more than the amount allowable pursuant
to clause (i), if any portion of the site is located within any of the
following:
(I) One-half mile of a major transit stop, as defined in Section
21064.3 of the Public Resources Code.
(II) A very low vehicle travel area, as defined in subdivision
(b) of Section 65589.5.1.
(III) A high or highest resource census tract, as identified by
the latest edition of the “CTCAC/HCD Opportunity Map”
published by the California Tax Credit Allocation Committee and
the Department of Housing and Community Development.
(D) (i) On sites that have a minimum density requirement and
are located within one-half mile of a commuter rail station or a
heavy rail station, the density of the project shall not be less than
the minimum density required on the site.
(I) For purposes of this subparagraph, “commuter rail” means
a railway that is not a light rail, streetcar, trolley, or tramway and
that is for urban passenger train service consisting of local short
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distance travel operating between a central city and adjacent suburb
with service operated on a regular basis by or under contract with
a transit operator for the purpose of transporting passengers within
urbanized areas, or between urbanized areas and outlying areas,
using either locomotive-hauled or self-propelled railroad passenger
cars, with multitrip tickets and specific station-to-station fares.
(II) For purposes of this subparagraph, “heavy rail” means an
electric railway with the capacity for a heavy volume of traffic
using high speed and rapid acceleration passenger rail cars
operating singly or in multicar trains on fixed rails, separate
rights-of-way from which all other vehicular and foot traffic are
excluded, and high platform loading.
(ii) On all other sites with a minimum density requirement, the
density of the project shall not be less than the local agency’s
minimum density or one-half of the minimum density deemed
appropriate to accommodate housing for that jurisdiction as
specified in subparagraph (B) of paragraph (3) of subdivision (c)
of Section 65583.2, whichever is lower.
(E) The project site does not abut a site where more than
one-third of the square footage on the site has been used, within
the past three years, by a heavy industrial use, or a Title V
industrial use, as those terms are defined in Section 65913.16.
(12) “Condition approval” includes imposing on the housing
development project, or attempting to subject it to, development
standards, conditions, or policies.
(13) “Unit type” means the form of ownership and the kind of
residential unit, including, but not limited to, single-family
detached, single-family attached, for-sale, rental, multifamily,
townhouse, condominium, apartment, manufactured homes and
mobilehomes, factory-built housing, and residential hotel.
(14) “Proposed by the applicant” means the plans and designs
as submitted by the applicant, including, but not limited to, density,
unit size, unit type, site plan, building massing, floor area ratio,
amenity areas, open space, parking, and ancillary commercial uses.
(i) If any city, county, or city and county denies approval or
imposes conditions, including design changes, lower density, or
a reduction of the percentage of a lot that may be occupied by a
building or structure under the applicable planning and zoning in
force at the time the housing development project’s application is
complete, that have a substantial adverse effect on the viability or
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affordability of a housing development for very low, low-, or
moderate-income households, and the denial of the development
or the imposition of conditions on the development is the subject
of a court action which challenges the denial or the imposition of
conditions, then the burden of proof shall be on the local legislative
body to show that its decision is consistent with the findings as
described in subdivision (d), and that the findings are supported
by a preponderance of the evidence in the record, and with the
requirements of subdivision (o).
(j) (1) When a proposed housing development project complies
with applicable, objective general plan, zoning, and subdivision
standards and criteria, including design review standards, in effect
at the time that the application was deemed complete, but the local
agency proposes to disapprove the project or to impose a condition
that the project be developed at a lower density, the local agency
shall base its decision regarding the proposed housing development
project upon written findings supported by a preponderance of the
evidence on the record that both of the following conditions exist:
(A) The housing development project would have a specific,
adverse impact upon the public health or safety unless the project
is disapproved or approved upon the condition that the project be
developed at a lower density. As used in this paragraph, a “specific,
adverse impact” means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public
health or safety standards, policies, or conditions as they existed
on the date the application was deemed complete.
(B) There is no feasible method to satisfactorily mitigate or
avoid the adverse impact identified pursuant to paragraph (1), other
than the disapproval of the housing development project or the
approval of the project upon the condition that it be developed at
a lower density.
(2) (A) If the local agency considers a proposed housing
development project to be inconsistent, not in compliance, or not
in conformity with an applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision as specified in
this subdivision, it shall provide the applicant with written
documentation identifying the provision or provisions, and an
explanation of the reason or reasons it considers the housing
development to be inconsistent, not in compliance, or not in
conformity as follows:
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(i) Within 30 days of the date that the application for the housing
development project is determined to be complete, if the housing
development project contains 150 or fewer housing units.
(ii) Within 60 days of the date that the application for the
housing development project is determined to be complete, if the
housing development project contains more than 150 units.
(B) If the local agency fails to provide the required
documentation pursuant to subparagraph (A), the housing
development project shall be deemed consistent, compliant, and
in conformity with the applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision.
(3) For purposes of this section, the receipt of a density bonus,
incentive, concession, waiver, or reduction of development
standards pursuant to Section 65915 shall not constitute a valid
basis on which to find a proposed housing development project is
inconsistent, not in compliance, or not in conformity, with an
applicable plan, program, policy, ordinance, standard, requirement,
or other similar provision specified in this subdivision.
(4) For purposes of this section, a proposed housing development
project is not inconsistent with the applicable zoning standards
and criteria, and shall not require a rezoning, if the housing
development project is consistent with the objective general plan
standards and criteria but the zoning for the project site is
inconsistent with the general plan. If the local agency has complied
with paragraph (2), the local agency may require the proposed
housing development project to comply with the objective
standards and criteria of the zoning which is consistent with the
general plan, however, the standards and criteria shall be applied
to facilitate and accommodate development at the density allowed
on the site by the general plan and proposed by the proposed
housing development project.
(k) (1) (A) (i) The applicant, a person who would be eligible
to apply for residency in the housing development project or
emergency shelter, or a housing organization may bring an action
to enforce this section. If, in any action brought to enforce this
section, a court finds that any of the following are met, the court
shall issue an order pursuant to clause (ii):
(I) The local agency, in violation of subdivision (d), disapproved
a housing development project or conditioned its approval in a
manner rendering it infeasible for the development of an emergency
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shelter, or housing for very low, low-, or moderate-income
households, including farmworker housing, without making the
findings required by this section.
(II) The local agency, in violation of subdivision (j), disapproved
a housing development project complying with applicable,
objective general plan and zoning standards and criteria, or imposed
a condition that the project be developed at a lower density, without
making the findings required by this section.
(III) The local agency, in violation of subdivision (o), required
or attempted to require a housing development project to comply
with an ordinance, policy, or standard not adopted and in effect
when a preliminary application was submitted.
(IV) The local agency violated a provision of this section
applicable to a builder’s remedy project.
(ii) If the court finds that one of the conditions in clause (i) is
met, the court shall issue an order or judgment compelling
compliance with this section within a time period not to exceed
60 days, including, but not limited to, an order that the local agency
take action on the housing development project or emergency
shelter. The court may issue an order or judgment directing the
local agency to approve the housing development project or
emergency shelter if the court finds that the local agency acted in
bad faith when it disapproved or conditionally approved the
housing development or emergency shelter in violation of this
section. The court shall retain jurisdiction to ensure that its order
or judgment is carried out and shall award reasonable attorney’s
fees and costs of suit to the plaintiff or petitioner, provided,
however, that the court shall not award attorney’s fees in either of
the following instances:
(I) The court finds, under extraordinary circumstances, that
awarding fees would not further the purposes of this section.
(II) (ia) In a case concerning a disapproval within the meaning
of subparagraph (J) or (K) of paragraph (6) of subdivision (h), the
court finds that the local agency acted in good faith and had
reasonable cause to disapprove the housing development project
due to the existence of a controlling question of law about the
application of the California Environmental Quality Act (Division
13 (commencing with Section 21000) of the Public Resources
Code) or implementing guidelines as to which there was a
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substantial ground for difference of opinion at the time of the
disapproval.
(ib) This subclause shall become inoperative on January 1, 2031.
(B) Upon a determination that the local agency has failed to
comply with the order or judgment compelling compliance with
this section within the time period prescribed by the court, the
court shall impose fines on a local agency that has violated this
section and require the local agency to deposit any fine levied
pursuant to this subdivision into a local housing trust fund. The
local agency may elect to instead deposit the fine into the Building
Homes and Jobs Trust Fund. The fine shall be in a minimum
amount of ten thousand dollars ($10,000) per housing unit in the
housing development project on the date the application was
deemed complete pursuant to Section 65943. In determining the
amount of the fine to impose, the court shall consider the local
agency’s progress in attaining its target allocation of the regional
housing need pursuant to Section 65584 and any prior violations
of this section. Fines shall not be paid out of funds already
dedicated to affordable housing, including, but not limited to, Low
and Moderate Income Housing Asset Funds, funds dedicated to
housing for very low, low-, and moderate-income households, and
federal HOME Investment Partnerships Program and Community
Development Block Grant Program funds. The local agency shall
commit and expend the money in the local housing trust fund
within five years for the sole purpose of financing newly
constructed housing units affordable to extremely low, very low,
or low-income households. After five years, if the funds have not
been expended, the money shall revert to the state and be deposited
in the Building Homes and Jobs Trust Fund for the sole purpose
of financing newly constructed housing units affordable to
extremely low, very low, or low-income households.
(C) If the court determines that its order or judgment has not
been carried out within 60 days, the court may issue further orders
as provided by law to ensure that the purposes and policies of this
section are fulfilled, including, but not limited to, an order to vacate
the decision of the local agency and to approve the housing
development project, in which case the application for the housing
development project, as proposed by the applicant at the time the
local agency took the initial action determined to be in violation
of this section, along with any standard conditions determined by
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the court to be generally imposed by the local agency on similar
projects, shall be deemed to be approved unless the applicant
consents to a different decision or action by the local agency.
(D) Nothing in this section shall limit the court’s inherent
authority to make any other orders to compel the immediate
enforcement of any writ brought under this section, including the
imposition of fees and other sanctions set forth under Section 1097
of the Code of Civil Procedure.
(2) For purposes of this subdivision, “housing organization”
means a trade or industry group whose local members are primarily
engaged in the construction or management of housing units or a
nonprofit organization whose mission includes providing or
advocating for increased access to housing for low-income
households and have filed written or oral comments with the local
agency prior to action on the housing development project. A
housing organization may only file an action pursuant to this
section to challenge the disapproval of a housing development by
a local agency. A housing organization shall be entitled to
reasonable attorney’s fees and costs if it is the prevailing party in
an action to enforce this section.
(l) If the court finds that the local agency (1) acted in bad faith
when it violated this section and (2) failed to carry out the court’s
order or judgment within the time period prescribed by the court,
the court, in addition to any other remedies provided by this
section, shall multiply the fine determined pursuant to subparagraph
(B) of paragraph (1) of subdivision (k) by a factor of five. If a court
has previously found that the local agency violated this section
within the same planning period, the court shall multiply the fines
by an additional factor for each previous violation. For purposes
of this section, “bad faith” includes, but is not limited to, an action
or inaction that is frivolous, pretextual, intended to cause
unnecessary delay, or entirely without merit.
(m) (1) (A) Any action brought to enforce the provisions of
this section shall be brought pursuant to Section 1094.5 of the
Code of Civil Procedure, and the local agency shall prepare and
certify the record of proceedings in accordance with subdivision
(c) of Section 1094.6 of the Code of Civil Procedure no later than
30 days after the petition is served, provided that the cost of
preparation of the record shall be borne by the local agency, unless
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the petitioner elects to prepare the record as provided in subdivision
(n) of this section.
(B) A petition to enforce the provisions of this section shall be
filed and served no later than 90 days from the later of either of
the following:
(i) The effective date of a decision of the local agency imposing
conditions on, disapproving, or any other final action on a housing
development.
(ii) The expiration of the time periods specified in subparagraphs
(B) to (D), inclusive, of paragraph (6) of subdivision (h).
(C) Upon entry of the trial court’s order, a party may, in order
to obtain appellate review of the order, file a petition within 20
days after service upon it of a written notice of the entry of the
order, or within such further time not exceeding an additional 20
days as the trial court may for good cause allow, or may appeal
the judgment or order of the trial court under Section 904.1 of the
Code of Civil Procedure. If the local agency appeals the judgment
of the trial court, the local agency shall post a bond, in an amount
to be determined by the court, to the benefit of the plaintiff if the
plaintiff is the project applicant.
(2) (A) A disapproval within the meaning of subparagraph (J)
of paragraph (6) of subdivision (h) shall be final for purposes of
this subdivision, if the local agency did not make a lawful
determination within the time period set forth in paragraph (5) of
subdivision (a) of Section 65589.5.1 after the applicant’s timely
written notice.
(B) This paragraph shall become inoperative on January 1, 2031.
(3) (A) A disapproval within the meaning of subparagraph (K)
of paragraph (6) of subdivision (h) shall be final for purposes of
this subdivision, if the local agency did not make a lawful
determination within 90 days of the applicant’s timely written
notice.
(B) This paragraph shall become inoperative on January 1, 2031.
(n) In any action, the record of the proceedings before the local
agency shall be filed as expeditiously as possible and,
notwithstanding Section 1094.6 of the Code of Civil Procedure or
subdivision (m), all or part of the record may be prepared (1) by
the petitioner with the petition or petitioner’s points and authorities,
(2) by the respondent with respondent’s points and authorities, (3)
after payment of costs by the petitioner, or (4) as otherwise directed
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by the court. If the expense of preparing the record has been borne
by the petitioner and the petitioner is the prevailing party, the
expense shall be taxable as costs.
(o) (1) Subject to paragraphs (2), (6), and (7), and subdivision
(d) of Section 65941.1, a housing development project shall be
subject only to the ordinances, policies, and standards adopted and
in effect when a preliminary application including all of the
information required by subdivision (a) of Section 65941.1 was
submitted.
(2) Paragraph (1) shall not prohibit a housing development
project from being subject to ordinances, policies, and standards
adopted after the preliminary application was submitted pursuant
to Section 65941.1 in the following circumstances:
(A) In the case of a fee, charge, or other monetary exaction, to
an increase resulting from an automatic annual adjustment based
on an independently published cost index that is referenced in the
ordinance or resolution establishing the fee or other monetary
exaction.
(B) A preponderance of the evidence in the record establishes
that subjecting the housing development project to an ordinance,
policy, or standard beyond those in effect when a preliminary
application was submitted is necessary to mitigate or avoid a
specific, adverse impact upon the public health or safety, as defined
in subparagraph (A) of paragraph (1) of subdivision (j), and there
is no feasible alternative method to satisfactorily mitigate or avoid
the adverse impact.
(C) Subjecting the housing development project to an ordinance,
policy, standard, or any other measure, beyond those in effect when
a preliminary application was submitted is necessary to avoid or
substantially lessen an impact of the project under the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
(D) The housing development project has not commenced
construction within two and one-half years, or three and one-half
years for an affordable housing project, following the date that the
project received final approval. For purposes of this subparagraph:
(i) “Affordable housing project” means a housing development
that satisfies both of the following requirements:
(I) Units within the development are subject to a recorded
affordability restriction for at least 55 years for rental housing and
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45 years for owner-occupied housing, or the first purchaser of each
unit participates in an equity sharing agreement as described in
subparagraph (C) of paragraph (2) of subdivision (c) of Section
65915.
(II) All of the units within the development, excluding managers’
units, are dedicated to lower income households, as defined by
Section 50079.5 of the Health and Safety Code.
(ii) “Final approval” means that the housing development project
has received all necessary approvals to be eligible to apply for,
and obtain, a building permit or permits and either of the following
is met:
(I) The expiration of all applicable appeal periods, petition
periods, reconsideration periods, or statute of limitations for
challenging that final approval without an appeal, petition, request
for reconsideration, or legal challenge having been filed.
(II) If a challenge is filed, that challenge is fully resolved or
settled in favor of the housing development project.
(E) The housing development project is revised following
submittal of a preliminary application pursuant to Section 65941.1
such that the number of residential units or square footage of
construction changes by 20 percent or more, exclusive of any
increase resulting from the receipt of a density bonus, incentive,
concession, waiver, or similar provision, including any other locally
authorized program that offers additional density or other
development bonuses when affordable housing is provided. For
purposes of this subdivision, “square footage of construction”
means the building area, as defined by the California Building
Standards Code (Title 24 of the California Code of Regulations).
(3) This subdivision does not prevent a local agency from
subjecting the additional units or square footage of construction
that result from project revisions occurring after a preliminary
application is submitted pursuant to Section 65941.1 to the
ordinances, policies, and standards adopted and in effect when the
preliminary application was submitted.
(4) For purposes of this subdivision, “ordinances, policies, and
standards” includes general plan, community plan, specific plan,
zoning, design review standards and criteria, subdivision standards
and criteria, and any other rules, regulations, requirements, and
policies of a local agency, as defined in Section 66000, including
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those relating to development impact fees, capacity or connection
fees or charges, permit or processing fees, and other exactions.
(5) This subdivision shall not be construed in a manner that
would lessen the restrictions imposed on a local agency, or lessen
the protections afforded to a housing development project, that are
established by any other law, including any other part of this
section.
(6) This subdivision shall not restrict the authority of a public
agency or local agency to require mitigation measures to lessen
the impacts of a housing development project under the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
(7) With respect to completed residential units for which the
project approval process is complete and a certificate of occupancy
has been issued, nothing in this subdivision shall limit the
application of later enacted ordinances, policies, and standards
that regulate the use and occupancy of those residential units, such
as ordinances relating to rental housing inspection, rent
stabilization, restrictions on short-term renting, and business
licensing requirements for owners of rental housing.
(p) (1) Upon any motion for an award of attorney’s fees
pursuant to Section 1021.5 of the Code of Civil Procedure, in a
case challenging a local agency’s approval of a housing
development project, a court, in weighing whether a significant
benefit has been conferred on the general public or a large class
of persons and whether the necessity of private enforcement makes
the award appropriate, shall give due weight to the degree to which
the local agency’s approval furthers policies of this section,
including, but not limited to, subdivisions (a), (b), and (c), the
suitability of the site for a housing development, and the
reasonableness of the decision of the local agency. It is the intent
of the Legislature that attorney’s fees and costs shall rarely, if ever,
be awarded if a local agency, acting in good faith, approved a
housing development project that satisfies conditions established
in paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.1
or paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.2.
(2) This subdivision shall become inoperative on January 1,
2031.
(q) This section shall be known, and may be cited, as the
Housing Accountability Act.
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(r) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity shall
not affect other provisions or applications that can be given effect
without the invalid provision or application.
SEC. 2. Section 65913.3 of the Government Code is amended
to read:
65913.3. (a) (1) A local agency or state agency shall compile
one or more lists that shall specify in detail the information that
will be required from any applicant for a postentitlement phase
permit. The local agency or state agency may revise the lists of
information required from an applicant. Any revised list shall not
apply to any permit pending review.
(2) A local agency or state agency shall post an example of a
complete, approved application and an example of a complete set
of postentitlement phase permits. A local agency shall post
examples for at least five types of housing development projects
in the jurisdiction, including, but not limited to, accessory dwelling
unit, duplex, multifamily, mixed use, and townhome.
(3) (A) A local agency shall make the items required by
paragraphs (1) and (2) available on the agency’s internet website
no later than January 1, 2024.
(B) A state agency shall make the items required by paragraphs
(1) and (2) available on the agency’s internet website no later than
January 1, 2026.
(b) (1) (A) A local agency or state agency shall determine
whether an application for a postentitlement phase permit is
complete and provide written notice of this determination to the
applicant not later than 15 business days after the local agency or
state agency received the application.
(B) If the local agency or state agency determines an application
is incomplete, the local agency or state agency shall provide the
applicant with a list of incomplete items and a description of how
the application can be made complete. The list shall be limited to
incomplete items that are included on the lists required by
paragraph (1) of subdivision (a). The list and description shall be
provided with the written notice required by subparagraph (A).
(2) (A) After receiving a notice that the application was
incomplete, an applicant may cure and address the items that are
deemed to be incomplete by the local agency or state agency.
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(B) In the review of an application submitted pursuant to
subparagraph (A), the local agency or state agency shall not require
the application to include an item that was not included in the list
required by subparagraph (B) of paragraph (1).
(C) If an applicant submits an application pursuant to
subparagraph (A), the local agency or state agency shall determine
whether the additional application has remedied all incomplete
items listed in the determination issued pursuant to subparagraph
(B) of paragraph (1). This additional application is subject to the
timelines and requirements specified in subparagraph (A) of
paragraph (1).
(3) If a local agency or state agency does not make a timely
determination as required by paragraph (1) or (2) and the
application or resubmitted application states that it is for a
postentitlement phase permit, the application or resubmitted
application shall be deemed to be complete for the purposes of
this chapter.
(c) (1) (A) For housing development projects with 25 units or
fewer, a local agency or state agency shall complete the review
and do either of the following:
(i) If the local agency or state agency determines that the
complete application is not compliant with the permit standards,
return in writing a full set of comments to the applicant with a
comprehensive request for revisions.
(ii) If the local agency or state agency determines that the
complete application is compliant with the permit standards, return
the approved permit application on each postentitlement phase
permit requested.
(B) The local agency or state agency shall immediately transmit
that determination to the applicant by electronic mail and, if
applicable, by posting the response on its internet website in the
manner prescribed in subdivision (b) of Section 65913.3.5 not later
than 30 business days after the local agency or state agency
determines that an application for a postentitlement phase permit
is complete pursuant to subdivision (b).
(C) (i) As part of its review, the local agency or state agency
shall not require or request more than two plan check and
specification reviews in connection with an application for a
building permit.
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(ii) Notwithstanding clause (i), a local agency or state agency
may deny an application that is not compliant with the permit
standards following two plan check and specification reviews.
(iii) An applicant may request additional submittals of
applications that are not compliant with the permit standards.
(iv) This subparagraph shall not be construed to affect the
number of submittals that a local agency or state agency may
require or request for any postentitlement phase permit other than
a building permit.
(2) (A) For housing development projects with 26 units or more,
a local agency or state agency shall complete the review and do
either of the following:
(i) If the local agency or state agency determines that the
complete application is not compliant with the permit standards,
return in writing a full set of comments to the applicant with a
comprehensive request for revisions.
(ii) If the local agency or state agency determines that the
complete application is compliant with the permit standards, return
the approved permit application on each postentitlement phase
permit requested.
(B) The local agency or state agency shall immediately transmit
that determination to the applicant by electronic mail and, if
applicable, by posting the response on its internet website in the
manner prescribed in subdivision (b) of Section 65913.3.5 not later
than 60 business days after the local agency or state agency
determines that an application for a postentitlement phase permit
is complete pursuant to subdivision (b).
(C) (i) As part of its review, the local agency or state agency
shall not require or request more than two plan check and
specification reviews in connection with an application for a
building permit.
(ii) Notwithstanding clause (i), a local agency or state agency
may deny an application that is not compliant with the permit
standards following two plan check and specification reviews.
(iii) An applicant may request additional submittals of
applications that are not compliant with the permit standards.
(iv) This subparagraph shall not be construed to affect the
number of submittals that a local agency or state agency may
require or request for any postentitlement phase permit other than
a building permit.
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(3) Once a local agency or state agency determines that a
postentitlement phase permit is compliant with applicable permit
standards pursuant to paragraph (1) or (2), the local agency or state
agency shall not subject the postentitlement phase permit to any
appeals or additional hearing requirements.
(4) The time limits in this subdivision shall not apply if the local
agency or state agency makes written findings within the time
limits specified in paragraph (1) or (2) based on substantial
evidence in the record that the proposed postentitlement phase
permit might have a specific, adverse impact on public health or
safety and that additional time is necessary to process the
application.
(5) (A) If federal or state law requires review of the application
by another public agency that is independent of the local agency
or state agency before the local agency or state agency is authorized
to act on the application, the time limits in this subdivision shall
be tolled for the application until the public agency completes the
review and returns the application to the local agency or state
agency.
(B) After the public agency returns the application to the local
agency or state agency, the local agency or state agency shall
complete the review within the time remaining under the time
limit, subject to subparagraph (C).
(C) Within three business days of the start of the tolling and
within three business days of the resumption of the time limit, the
local agency or state agency shall notify the applicant of the tolling
and the resumption of the time limit, respectively, by electronic
mail and, if applicable, by posting the notification on its internet
website in the manner prescribed in subdivision (b) of Section
65913.3.5.
(d) (1) If a local agency or state agency finds that a complete
application is noncompliant, the local agency or state agency shall
provide the applicant with a list of items that are noncompliant
and a description of how the application can be remedied by the
applicant within the time limits specified in subdivision (c).
(2) The local agency or state agency shall provide the list and
description authorized by paragraph (1) when it transmits its
determination to the applicant as required by subdivision (c).
(3) If a local agency or state agency denies a postentitlement
phase permit application based on a determination that the
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application is noncompliant, the applicant may attempt to remedy
the application.
(4) If an applicant submits an application pursuant to paragraph
(3), the additional application is subject to the timelines of a new
application as specified in subdivision (c).
(5) The local agency or state agency shall not request or require
any action or inaction as a result of a building inspection
undertaken to assess compliance with the applicable building
permit standards that would represent a deviation from a previously
approved building plan or similar approval for the building permit,
unless the local agency’s or state agency’s requirement or request
is accompanied by written findings based on substantial evidence
in the record that either of the following apply:
(A) A reasonable person could not interpret the building plan
or similar approval that was approved by the local agency or state
agency as being compliant with the applicable standards for the
building permit.
(B) The deviation is necessary to address a specific, adverse
impact on public health or safety.
(e) (1) If a postentitlement phase permit is determined to be
incomplete under subdivision (b) or denied or determined to be
noncompliant under subdivision (c) or (d), the local agency or state
agency shall provide a process for the applicant to appeal that
decision in writing to the governing body of the agency.
(2) (A) With respect to a postentitlement phase permit
concerning housing development projects with 25 units or fewer,
a local agency or state agency on the appeal shall provide a final
written determination by not later than 30 business days after
receipt of the applicant’s written appeal.
(B) With respect to a postentitlement phase permit concerning
housing development projects with 26 units or more, a local agency
or state agency on the appeal shall provide a final written
determination by not later than 45 business days after receipt of
the applicant’s written appeal.
(3) If the applicant’s appeal pursuant to this subdivision is
denied, or a decision on the appeal is not made within the timelines
provided, or an appeals process is not provided as required, the
applicant may seek a writ of mandate to compel approval of the
application.
95
— 66 — AB 1621
(f) If a local agency violates subdivisions (b) to (e), inclusive,
it shall be in violation of Section 65589.5.
(g) If a state agency violates subdivisions (b) to (e), inclusive,
the permit shall be deemed approved and any related reviews shall
be deemed complete.
(h) Except as provided in subparagraph (C) of paragraph (1) of,
and subparagraph (C) of paragraph (2) of, subdivision (c), this
section does not place limitations on the amount of feedback that
a local agency or state agency may provide or revisions that a local
agency or state agency may request of an applicant.
(i) For residential or residential mixed-use developments that
are subject to the requirements set forth in Section 65913.4, the
provisions of paragraph (2) of subdivision (h) of Section 65913.4
shall apply. Permits for these developments that are subject to
paragraph (2) of subdivision (h) of Section 65913.4 shall not be
in conflict with the requirements of this section. The local agency
or state agency shall comply with both sets of standards.
(j) This section does not preclude an applicant and a local agency
or state agency from mutually agreeing to an extension of any time
limit provided by this section. However, a local agency or state
agency shall not require an agreement as a condition of accepting
the application for, or processing of, a postentitlement phase permit,
unless the agreement is obtained for the purpose of permitting
concurrent processing of related approvals or an environmental
review on the same housing development project.
(k) For purposes of this section, the following definitions apply:
(1) “Housing development project” has the same meaning as in
paragraph (3) of subdivision (b) of Section 65905.5.
(2) “Local agency” means any county, city, or city and county.
(3) (A) “Postentitlement phase permit” includes all of the
following:
(i) All nondiscretionary permits and reviews that are required
or issued by the local agency after the entitlement process has been
completed to begin construction of a development that is intended
to be at least two-thirds residential, excluding discretionary and
ministerial planning permits, entitlements, and other permits and
reviews that are covered under Chapter 4.5 (commencing with
Section 65920). A postentitlement phase permit includes, but is
not limited to, all of the following:
95
AB 1621 — 67 —
(I) Building permits, and all interdepartmental reviews required
for the issuance of a building permit, including plan checking and
building inspection.
(II) Permits for minor or standard offsite improvements.
(III) Permits for demolition.
(IV) Permits for minor or standard excavation and grading.
(ii) All building permits and other permits issued under the
California Building Standards Code (Title 24 of the California
Code of Regulations) or any applicable local building code for the
construction, demolition, or alteration of buildings, whether
discretionary or nondiscretionary.
(iii) (I) Except as provided in subclause (II), any postentitlement
review by a state agency that is necessary to begin construction of
a development that is intended to be at least two-thirds residential,
excluding discretionary and ministerial planning permits,
entitlements, and other permits and reviews that are covered under
Chapter 4.5 (commencing with Section 65920).
(II) Notwithstanding subclause (I), a postentitlement phase
permit does not include either of the following:
(ia) A permit issued by a state agency acting pursuant to
delegated federal permitting or enforcement authority under the
federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.) or the federal
Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.).
(ib) A permit authorizing discharges of waste to waters of the
state.
(B) A local agency or state agency may identify a threshold for
determining whether a permit constitutes a “minor” or “standard”
permit for the purposes of this paragraph, which shall be supported
by written findings. A local agency that identifies a threshold
pursuant to this subparagraph shall adopt the threshold by
ordinance.
(C) A postentitlement phase permit does not include a permit
required and issued by the California Coastal Commission, a
special district, or a utility that is not owned and operated by a
local agency.
(4) “Specific, adverse impact” means a significant, quantifiable,
direct, and unavoidable impact, based on objective, identified, and
written public health or safety standards, policies, or conditions
as they existed on the date the application was deemed complete.
95
— 68 — AB 1621
(5) “State agency” has the same meaning as that term is defined
in Section 11000.
SEC. 3. The amendments of subclause (I) of clause (i) of
subparagraph (A) of paragraph (3) of subdivision (k) of Section
65913.3 of the Government Code made by this act do not constitute
a change in, but are declaratory of, existing law.
SEC. 4. The Legislature finds and declares that Section 2 of
this act amending Section 65913.3 of the Government Code
addresses a matter of statewide concern rather than a municipal
affair as that term is used in Section 5 of Article XI of the
California Constitution. Therefore, Section 2 of this act applies to
all cities, including charter cities.
SEC. 5. Section 1.5 of this bill incorporates amendments to
Section 65589.5 of the Government Code proposed by both this
bill and Senate Bill 1072. That section of this bill shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2027, (2) each bill amends Section 65589.5 of
the Government Code, and (3) this bill is enacted after Senate Bill
1072, in which case Section 1 of this bill shall not become
operative.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
95
AB 1621 — 69 —
Approved , 2026
Governor
10/5/2026
1
Administration Committee
October 14, 2026
2027 Draft Legislative
and Regulatory Plan
Presented by:
Rebecca Long
Principal Public Affairs Specialist
2
Guiding Priorities
•Oppose redundant regulatory and legislative requirements that
impose excessive limitations on effective operations;
•Support legislative and regulatory measures that enhance
affordability, safeguard public health, and ensure
environmental protection;
•Maintain local control over governance of Special Districts and
other local entities;
•Pursue financial assistance opportunities for OC San projects
through grants, loans, and congressionally or legislatively
directed funding..
1
2
10/5/2026
2
3
Legislative - Regulatory Team
OC San:
•Rob Thompson
•Jennifer Cabral
•Daisy Covarrubias
•Rebecca Long
•Lan Wiborg
•Sam Choi
•Mark Kawamoto
•Tom Meregillano
Consultants:
•Cori Takkinen – Townsend Public Affairs
•Eric O’Donnell– Townsend Public Affairs
•Kerri West– Townsend Public Affairs
•Eric Sapirstein – ENS Resources
•Sarah Sapirstein – ENS Resources
•David French– ENS Resources
•Peter Whittingham – Whittingham Public Affairs
4
Procedures for Taking a Position
3
4
10/5/2026
3
5
How The Plan Is Developed
•Committee Feedback Throughout the Year
•Obtain Feedback From OC San Staff/Subject Matter Experts
•Work with State and Federal Lobbyists
•Share with Various Organizations:
•California Association of Sanitation Agencies
•California Special Districts Association
•Orange County Water District
•Municipal Water District of Orange County
•Irvine Ranch Water District
•Committee Review and Input
•Board Adoption in November
6
What’s New?
5
6
10/5/2026
4
7
Additions to the Plan
•Artificial Intelligence (AI): Support legislation and policies that
promote the responsible, ethical, and transparent use of artificial
intelligence to improve public sector operations, enhance service
delivery, protect privacy and security, and encourage innovation,
while ensuring appropriate oversight, accountability, and workforceconsiderations.
•Support employment litigation reforms that promote the earlyresolution of employment matters, protect employee rights, andsafeguard public employers from meritless claims and unnecessarylitigation costs.
8
Provide comments and direction
in preparation for the final
document.
Final Plan
7
8
10/5/2026
5
•Information Item.
Recommendation
9
9
10/5/2026
1
Federal Update
1
Eric Sapirstein
E N S Resources, Inc.
October 14, 2026
Presented To:
Administration Committee
2
Legislative Issues:
Clean Water and Infrastructure, Per- and Polyfluoroalkyl Substances (PFAS)
Liability, and Flushable Wipes
Regulatory Issues:
PFAS and Biosolids, Effluent Limitations Guidelines, Waters of the United States
Mid-Term Elections and Lame Duck Session
Issues
Page 2
1
2
10/5/2026
2
U.S. Environmental Protection Agency Fiscal Year 2027 Appropriations—Continuing Resolution
USEPA Funding :
Current Year Funding for All Programs
$1.6 Billion Clean Water State Revolving Loan Fund
$ O Earmarks
Continued Support of Water Infrastructure Finance and Innovation Act (WIFIA) Program
Continued Funding of per- and polyfluoroalkyl substances (PFAS) Research
PFAS Contamination Liability and Funding
Senate and House Legislation Granting Water Sector Liability Exemption: Wastewater and Biosolids
Representative Scott Peters (D-CA)
3
Legislative Issues
Page
Wastewater Infrastructure Pollution Prevention and Environmental Safety Act or
the WIPPES Act
House Final Passage of Senate Version
Permitting Reform
Senate Committees on Environment and Public Works/Energy and Natural Resources Finalizing
Lame Duck Session
Key Issue: Renewable Energy Approvals
Ten-Year Permits and Streamlining National Environmental Policy Act Studies (NEPA)
4
Legislative Issues
Page
3
4
10/5/2026
3
5
Biosolids and PFAS Land Application Guidance Under Final Review
Rollback of National Pollutant Discharge Elimination System PFAS
Monitoring Guidance
Effluent Limitation Guidelines Delayed
California Alternative Fleet Vehicles Waiver
Regulatory Issues
Page
House
Red Undertow,Blue Trickle or Status Quo?Growing Number of Competitive Seats
Party Control Turns Focus to Infrastructure & Reverse Rule Rescissions
Investigations
Senate in Play
Increase Contested Seats
Change Creates New Chairmen and Policy Focus
Lame Duck Session Productive or Not
AI and Data Centers
PFAS Liability ExemptionFiscal Year 2027 Appropriations
Permit Reform
Mid-Term Elections and Lame Duck Session
Outlook
Page 6
5
6
10/5/2026
4
Eric Sapirstein
President
Sarah Sapirstein
Executive Vice President
1367 Connecticut Avenue, N.W.
Suite 310
Washington, D.C. 20036
WWW.ENSRESOURCES.COM
7Page
7
ADMINISTRATION COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-5115 Agenda Date:10/14/2026 Agenda Item No:4.
FROM:Robert Thompson, General Manager
Originator: Wally Ritchie, Director of Finance
SUBJECT:
SERVER HARDWARE REFRESH FOR INDUSTRIAL CONTROL SYSTEM AND ENTERPRISE
OFFICE NETWORKS
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve an Equipment Contract to Nth Generation Computing, Inc. for the procurement of
HPE vSAN Ready Nodes for the Enterprise and SCADA Environment, Specification No. E-
2026-743BD for a total amount not to exceed $7,557,229 plus applicable sales tax; and
B. Approve a contingency in the amount of $755,723 (10%).
BACKGROUND
Orange County Sanitation District (OC San)operates separate server infrastructure for its Industrial
Control System (ICS)and Enterprise Office networks.The ICS server hardware is approaching the
end of its useful service life in July 2027,while the Office server hardware,purchased in February
2024,remains serviceable.However,significant increases in licensing costs for both the
virtualization and hyperconverged infrastructure platforms prompted IT to re-evaluate its
infrastructure strategy.IT determined that consolidating onto the existing virtualization platform,
which now includes integrated storage capabilities,offers a more practical and cost-effective long-
term approach while maintaining compatibility with existing systems.
RELEVANT STANDARDS
·Protect OC San assets
·Ensure the public’s money is wisely spent
·24/7/365 treatment plant reliability
·Maintain a culture of improving efficiency to reduce the cost to provide the current service level
or standard
PROBLEM
The ICS server hardware will reach end of life in July 2027 and must be replaced to maintain a
reliable,supported environment for critical operational systems.Although the existing Office server
hardware remains serviceable,it does not meet the requirements of the selected consolidatedOrange County Sanitation District Printed on 10/5/2026Page 1 of 3
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File #:2026-5115 Agenda Date:10/14/2026 Agenda Item No:4.
hardware remains serviceable,it does not meet the requirements of the selected consolidated
infrastructure platform.Maintaining the current configuration would require OC San to continue
licensing and supporting two separate platforms,leading to higher ongoing costs and greater
infrastructure complexity.
PROPOSED SOLUTION
Staff recommends purchasing new server hardware for the ICS and Office environments to establish
a common infrastructure platform while maintaining the required separation between the two
networks.This approach will replace aging ICS equipment,enable Office infrastructure
consolidation,reduce ongoing licensing and support costs,and simplify future administration and
maintenance.
The existing Office server hardware remains serviceable for approximately two more years;however,
it does not meet the requirements of the selected consolidated infrastructure platform.Maintaining
the current configuration would require us to continue licensing and supporting two separate
platforms,resulting in higher ongoing costs and additional infrastructure complexity.As part of the
consolidation,we will evaluate the existing Office server hardware for reuse in other appropriate
applications to maximize OC San’s existing investment and reduce unnecessary equipment
purchases.
TIMING CONCERNS
Adequate time is needed for equipment procurement,installation,system migration,and testing
before July 2027 ICS hardware end-of-life date.In addition,increased global demand for memory
and other components,driven in part by growth in AI computing infrastructure,has extended server
delivery lead times to three to six months.Proceeding with the purchase will reduce the risk of
supply-chain delays that could affect the planned implementation schedule.
RAMIFICATIONS OF NOT TAKING ACTION
Not purchasing the new hardware will keep the ICS environment operating on aging hardware
beyond its planned service life,increasing the risk of equipment failure,limited manufacturer support,
and potential service disruptions.Additionally,OC San would need to maintain separate
infrastructure platforms, resulting in higher ongoing licensing and support costs.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
An invitation for bid was issued on September 1,2026,via OpenGov.Bids were due on September
22, 2026, and OC San received three (3) bids.
The bid submitted by vPrime Tech Inc.was disqualified due to the absence of pricing information in
OpenGov.Although vPrime Tech Inc.provided a quote as an attachment,it did not include pricing for
all required line items.
Orange County Sanitation District Printed on 10/5/2026Page 2 of 3
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File #:2026-5115 Agenda Date:10/14/2026 Agenda Item No:4.
The protest period ended on 9/30/2026 at 4:00 PM.
Bid Results
The following is a list of the firms who submitted a bid.
Company Name Bid Determination
Nth Generation Computing, Inc.$7,557,228.80 Responsive
Blue Source Group, Inc.$15,114,526.64 Responsive
vPrime Tech Inc.$0.00 Non-Responsive
Recommendation
Based on these results,staff recommends approving the Equipment Contract to Nth Generation
Computing,Inc.The term of this Equipment Contract will begin upon effective date of the Notice to
Proceed.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San's Purchasing Ordinance.This item has
been budgeted (Budget FY 2026-27 and 2027-28,Section 8,Pages 4 and 6,Information
Management Systems) and the budget is sufficient for the recommended action.
ATTACHMENT
·Equipment Contract
Orange County Sanitation District Printed on 10/5/2026Page 3 of 3
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Equipment Contract 1 of 7 Specification No. E-2026-743BD Revision 121624
EQUIPMENT CONTRACT HPE vSAN Ready Nodes for the Enterprise and SCADA Environment Specification No. E-2026-743BD
This EQUIPMENT CONTRACT (hereinafter referred to as “Contract”), 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 Nth Generation Computing, Inc. (hereinafter referred to as “Vendor”), and collectively referred to herein as the “Parties.” R E C I T A L S WHEREAS, OC San desires to acquire HPE vSAN Ready Nodes (“Equipment”) as described in
Exhibit A attached hereto and incorporated herein by this reference (“Equipment); and WHEREAS, Vendor may provide the Equipment and is qualified as an Authorized Supplier; and WHEREAS, OC San desires to engage Vendor to provide the Equipment; and
WHEREAS, OC San selected Vendor to provide the Equipment in accordance with OC San’s current Purchasing Ordinance; and
WHEREAS, on October 28, 2026, OC San’s Board of Directors, by minute order, authorized execution of this Contract.
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 Contract and all exhibits hereto are made by OC San and the Vendor. 1.2 The following exhibits, in order of precedence, are incorporated by reference and made part of this Contract. Exhibit A – Technical Specifications Exhibit B – Bid
Exhibit C – Determined Insurance Requirement Form 1.3 In the event of any conflict or inconsistency between the provisions of this Contract
and any of the provisions of the exhibits hereto, the provisions in the Contract 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 Vendor as a result of work performed in anticipation of acquisition of the Equipment by OC San. 1.5 Work: Shall mean all work, labor, and materials necessary to provide the Equipment. 1.6 The provisions of this Contract may be amended or waived only by an amendment executed by authorized representatives of both Parties.
Equipment Contract 2 of 7 Specification No. E-2026-743BD Revision 121624
1.7 The various headings in this Contract are inserted for convenience only and shall not
affect the meaning or interpretation of this Contract or any paragraph or provision hereof. 2. Scope of Work. 2.1 Vendor shall provide the Equipment identified in Exhibit A in accordance with generally accepted industry and professional standards. 2.2 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.
2.3 Familiarity with Equipment. By executing this Contract, Vendor warrants that: (a) it has investigated the Equipment.; Should Vendor discover any latent or unknown condition materially differing from those inherent in the Equipment or as represented by OC San, it shall immediately inform OC San of this and shall not proceed, except at Vendor’s risk, until written instructions are received from OC San. 3. Compensation. 3.1 As compensation for the Equipment provided under this Contract, OC San shall pay Vendor a total amount not to exceed Seven Million, Five Hundred Fifty-Seven
Thousand, Two Hundred Twenty-Eight Dollars and Eighty Cents ($7,557,228.80). 4. Payments and Invoicing. 4.1 OC San shall pay itemized invoices for equipment delivered in Table 1A and Table 1B in accordance with Exhibit A thirty (30) days from receipt of the invoice and after approval by OC San’s Project Manager or designee. OC San shall be the determining party, in its sole discretion, as to whether the Equipment has been satisfactorily delivered. 4.2 OC San shall Pay itemized invoices for equipment delivered after July 1, 2027, in Table 2 in accordance with Exhibit A thirty (30) days from receipt of the invoice and after approval by OC San’s Project Manager or designee. OC San shall be the determining party, in its sole discretion, as to whether the Equipment has been satisfactorily
delivered. 4.3 Vendor 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. 5. Freight (F.O.B. Destination). Vendor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 6. Insurance. Vendor shall purchase and maintain, throughout the term of this Contract 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. Vendor shall not provide equipment under this Contract until all required insurance is obtained in a form acceptable to OC San. Failure to obtain and maintain the required insurance coverage shall result in termination of this Contract.
Equipment Contract 3 of 7 Specification No. E-2026-743BD Revision 121624
7. Independent Contractor. The relationship between the Parties hereto is that of an independent contractor and nothing herein shall be deemed to make Vendor an OC San employee. During the performance of this Contract, Vendor and its officers, employees,
and agents shall act in an independent capacity and shall not act as OC San’s officers, employees, or agents. Vendor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San’s employees. 8. Disclosure. Vendor agrees not to disclose, to any third party, data or information generated from this Contract without the prior written consent from OC San. 9. Non-Liability of OC San Officers and Employees. No officer or employee of OC San
shall be personally liable to Vendor, 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 Vendor or to its successor, or for breach of any obligation under the terms of this Contract. 10. Third-Party Rights. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OC San and Vendor.
11. Applicable Laws and Regulations. Vendor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Vendor also agrees to indemnify and hold OC San
harmless from any and all damages and liabilities assessed against OC San as a result of Vendor’s noncompliance therewith. Any provision required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically included or
referenced. 12. Licenses, Permits, Ordinances, and Regulations. Vendor 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 Equipment. 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 Contract will be paid by Vendor. 13. Warranties. The following shall apply: 13.1 Manufacturer’s standard warranty shall apply. All manufacturer warranties shall commence on the date of acceptance of the equipment as complete by the OC San
Project Manager or designee. 13.2 Vendor’s Warranty (Guarantee): If within a one (1) year period of acceptance of the
equipment specified in Exhibit A, OC San informs Vendor that any portion of the Equipment provided fails to meet the standards required under this Contract, Vendor shall, within the time agreed to by OC San and Vendor, take all such actions as are
necessary to correct or complete the noted deficiency(ies) at Vendor's sole expense. 14. Dispute Resolution. 14.1 In the event of a dispute as to the construction or interpretation of this Contract, 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
Equipment Contract 4 of 7 Specification No. E-2026-743BD Revision 121624
(“JAMS”), or any similar organization or entity conducting an alternate dispute
resolution process. 14.2 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. 15. Remedies. In addition to other remedies available in law or equity, if the Vendor fails to make delivery of the Equipment or repudiates its obligations under this Contract, or if OC
San rejects the goods or revokes acceptance of the Equipment, OC San may (a) cancel the Contract; (b) recover whatever amount of the purchase price OC San has paid, and/or (c) “cover” by purchasing, or contracting to purchase, substitute equipment for those due from
Vendor. In the event OC San elects to “cover” as described in (c), OC San shall be entitled to recover from Vendor as damages the difference between the cost of the substitute equipment and the Contract price, together with any incidental or consequential damages. 16. 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. Equipment Delivery affected by a force majeure condition may be rescheduled by mutual consent of the Parties. 17. Termination. 17.1 OC San reserves the right to terminate this Contract immediately upon OC San’s determination that Vendor is not complying with the Scope of Work requirements, if
the level of service is inadequate, or for any other default of this Contract. 17.2 OC San may also immediately terminate this Contract for default, in whole or in part,
by written notice to Vendor:
if Vendor becomes insolvent or files a petition under the Bankruptcy Act; or
if Vendor sells its business; or
if Vendor breaches any of the terms of this Contract; or
if the total amount of compensation exceeds the amount authorized under this Contract. 18. 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 Contract, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and
Equipment Contract 5 of 7 Specification No. E-2026-743BD Revision 121624
necessary disbursements in addition to any other relief to which the prevailing party may be
entitled. 19. Waiver. The waiver by either party of any breach or violation of, or default under, any
provision of this Contract shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Vendor 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. 20. Severability. If any section, subsection, or provision of this Contract; or any agreement or instrument contemplated hereby; or the application of such section, subsection, or provision is held invalid, the remainder of this Contract 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. 21. Survival. The provisions of this Contract dealing with payment, warranty, indemnity, and forum for enforcement shall survive expiration or early termination of this Contract.
22. Governing Law. This Contract 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 Contract or the performance thereof. 23. Notices.
23.1 All notices under this Contract 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
Sr. Buyer Orange County Sanitation District 18480 Bandilier Circle Fountain Valley, CA 92708 Jarbiso@ocsan.gov
Vendor: Joyce Russell EVP/CFO Nth Generation Computing, Inc. 17055 Camino San Bernardo San Diego, CA 92127 Joyce.russell@nth.com 23.2 Each party shall provide the other party written notice of any change in address as soon as practicable.
Equipment Contract 6 of 7 Specification No. E-2026-743BD Revision 121624
24. Read and Understood. By signing this Contract, Vendor represents that it has read and
understood the terms and conditions of the Contract. 25. Authority to Execute. The persons executing this Contract on behalf of the Parties warrant
that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 26. Entire Agreement. This Contract 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.
[Intentionally left blank. Signatures follow on the next page.]
Equipment Contract 7 of 7 Specification No. E-2026-743BD Revision 121624
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by their duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: _________________ By: Jon Dumitru Chair, Board of Directors
Dated: _________________ By: Kelly A. Lore Clerk of the Board
Dated: _________________ By:
Kevin Work Purchasing & Contracts Manager
NTH GENERATION COMPUTING, INC. Dated: _________________ By: Print Name and Title of Officer
JA
EXHIBIT A Specification No. E-2026-743BD
EXHIBIT A
TECHNICAL SPECIFICATIONS For HPE vSAN Ready Nodes for the Enterprise and SCADA Environment
EXHIBIT A Specification No. E-2026-743BD
EXHIBIT A
TECHNICAL SPECIFICATIONS
For
HPE vSAN Ready Nodes for the Enterprise and SCADA Environment
E-2026-743BD
1.PURPOSE
The Orange County Sanitation District (OC San) is seeking an Authorized Partner to provide HPE vSAN Ready Nodes.
2.SUMMARY OF GOODS TO BE PROVIDED
OC San intends to procure HPE vSAN Ready Nodes in two separate batches. The first batch, as detailed in Table 1A and Table 1B, is scheduled for delivery as soon as product is available.
The second batch, outlined in Table 2, shall be delivered no earlier than July 1, 2027, following the issuance of the Purchase Order. Partial shipments are permissible; however, the aggregate quantity delivered in the first batch must not exceed the quantities specified in Table
1A and Table 1B.
The items and quantities listed in Table 2 must be retained by the Supplier until July 1, 2027. OC San guarantees the purchase of all items and quantities specified but cannot accept delivery or be invoiced for Table 2 prior to July 1, 2027.
OC San operates on a two-year budget cycle and has allocated funds for the total quantities indicated in Table 1A, Table 1B and Table 2.
Table 1A – Immediate Delivery
VCF vSAN DMZ CLUSTER
HARDWARE
Part # Description Quantity
HPE ProLiant Compute DL3XX Gen 12 Rear 2SFF U.3 HDD Stacking Drive
HPE 32GB (1x32GB) Dual Rank x8 DDR5-6400 CAS-52-52-52 EC8
EXHIBIT A Specification No. E-2026-743BD
HPE 7.68TB NVMe Gen4 Mainstream Performance Read Intensive SFF BC
HPE ProLiant DL380 Gen11 2U x16/x16/x16
HPE 1600W Flex Slot Platinum Hot Plug
HPE ProLiant Compute DL3XX/ML350 Gen12 CPU1 to Rear OCP SlotB x8
HPE ProLiant Compute DL380 Gen12 8SFF x4 Direct Attach Box 1 for 2
HPE ProLiant Compute DL380 Gen12 8SFF x4 Direct Attach Box 2/3 for 1P
HPE ProLiant Compute DL380 Gen12 NS204i-u Rear Boot Device
HPE ProLiant Compute DL380 Gen12 16SFF x4 Direct Attach Balanced FIO
HPE ProLiant Compute 30C Maximum Recommended Ambient Temperature
SFP-25G-SR-
SOFTWARE
8
SUPPORT
SUBSCRIPTION
EXHIBIT A Specification No. E-2026-743BD
Table 1B – Immediate Delivery
VCF vSAN DARKSITE CLUSTER
HARDWARE
Part # Description Quantity
HPE 32GB (1x32GB) Dual Rank x8 DDR5 -6400 CAS-52-52-52 EC8
HPE ProLiant Compute DL3XX Gen12 Rear 2SFF U.3 HDD Stacking Drive
HPE 1.6TB NVMe Gen4 High Performance Mixed Use SFF BC U.3 PM 1735a
HPE 7.68TB NVMe Gen4 Mainstream Performance Read Intensive SFF BC
Broadcom BCM57414 Ethernet 10/25Gb 2- port SFP28 OCP3 Adapter for
HPE C13 - C14 250V 10Amp 2m FIO PowerHPE C13 - C14 250V 10Amp 2m
HPE ProLiant Compute DL3XX/ML350 Gen12 CPU1 to Rear OCP SlotB x8
HPE ProLiant Compute DL380 Gen12 8SFF x4 Direct Attach Box 1 for 2
HPE ProLiant Compute DL380 Gen12 8SFF x4 Direct Attach Box 2/3 for 1P
EXHIBIT A Specification No. E-2026-743BD
HPE ProLiant Compute DL380 Gen12 NS204i-u Rear Boot Device
HPE ProLiant Compute DL380 Gen12 16SFF x4 Direct Attach Balanced FIO
HPE NS204i-u v2 480GB NVMe Hot Plug Boot Optimized Storage
HPE ProLiant Compute 30C Maximum Recommended Ambient Temperature
SOFTWARE
SUPPORT
SUBSCRIPTION
HPE 25G Optics
Table 2 – Delivery and Invoice no earlier than July 1, 2027
VCF vSAN ENTERPRISE CLUSTER
HARDWARE
Part # Description Quantity
VCF vSAN Office 768GB w NVMe DMR RC
HPE 32GB (1x32GB) Dual Rank x8 DDR5 -6400 CAS-52-52-52 EC8
HPE ProLiant Compute DL3XX Gen12 Rear 2SFF U.3 HDD Stacking Drive
HPE 1.6TB NVMe Gen4 High Performance Mixed Use SFF BC U.3 PM 1735a
HPE 7.68TB NVMe Gen4 Mainstream Performance Read Intensive SFF BC
Broadcom BCM57414 Ethernet 10/25Gb 2- port SFP28 OCP3 Adapter for
EXHIBIT A Specification No. E-2026-743BD
HPE ProLiant Compute DL3XX/ML350 Gen12 CPU1 to Rear OCP SlotB x8
HPE ProLiant Compute DL380 Gen12 8SFF x4 Direct Attach Box 1 for 2
HPE ProLiant Compute DL380 Gen12 8SFF x4 Direct Attach Box 2/3 for 1P
HPE ProLiant Compute DL380 Gen12 NS204i-u Rear Boot Device
HPE ProLiant Compute DL380 Gen12 16SFF x4 Direct Attach Balanced FIO
BOOT OPTIMIZED STORAGE DEVICE
HPE ProLiant Compute 30C Maximum Recommended Ambient Temperature
SOFTWARE
SUPPORT
SUBSCRIPTION
HPE 25G OPTICS
NOTES:
•All Bid items shall be FOB Destination. Exclude Applicable Sales Tax. OC Sanwill add Applicable Sales Tax to the Purchase Order.
•Bidders must bid on all line items. Not Bidding on all line items deems the Bidsubmitted as Non-Responsive.
•OC San guarantees buying all equipment.
•Bidders MUST submit their quote with their bid which details each line item costand the specified quantities.
•HARDWARE in Table 1A, Table 1B and Table 2 MUST BE DELIVERED FULLYASSEMBLED TO OC SAN.
ADMINISTRATION COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-5112 Agenda Date:10/14/2026 Agenda Item No:5.
FROM:Robert Thompson, General Manager
Originator: Laura Maravilla, Director of Human Resources
SUBJECT:
PROPOSED POSITION CHANGES FOR FISCAL YEAR 2026-27
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Approve the addition of one (1) new position, the upgrade of one (1) position, and the downgrade of
one (1) position for FY 2026-2027 as follows:
A. Add one (1) Safety Inspector (Salary Grade OCE78);
B. Upgrade one (1) Staff Analyst (Salary Grade PRO70) to Senior Staff Analyst (Salary Grade
PRO76); and
C. Downgrade one (1) Maintenance Manager (Salary Grade EM16) to Maintenance
Superintendent (Salary Grade SUP90).
BACKGROUND
Since adoption of the Fiscal Year 2026-27 budget,the Orange County Sanitation District (OC San)
identified position changes that are needed to support operational requirements that include one
additional position, one upgrade, and one downgrade.
Specifically, staff recommends:
·The addition of one (1)Safety Inspector position to provide dedicated construction safety
oversight,ensure contractor compliance,and align safety resources with current operational
demands in support of the Capital Improvement Program (CIP)projects and maintenance
construction activities.
·The upgrade of one (1)Staff Analyst position to Senior Staff Analyst.In accordance with OC
San policy,employees may periodically request a classification study to evaluate whether their
assigned duties and responsibilities are appropriately classified.A recent study determined
that the current duties and responsibilities of this position are most appropriately assigned at
the Senior Staff Analyst level as the scope and complexity of work assigned have evolved
requiring increased capacity and higher-level analytical support.
·The downgrade of one (1)vacant Maintenance Manager position to Maintenance
Orange County Sanitation District Printed on 10/6/2026Page 1 of 3
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File #:2026-5112 Agenda Date:10/14/2026 Agenda Item No:5.
·The downgrade of one (1)vacant Maintenance Manager position to Maintenance
Superintendent.Following a recent reorganization and the incorporation of the Civil Facilities
Maintenance and Fleet Services divisions into the Operations &Maintenance Department,the
organization,structure,and oversight needs have changed.A dedicated Manager-level
position is no longer warranted,and the functions can be appropriately overseen at the
Maintenance Superintendent level.
The proposed position requests would change the approved full-time equivalent (FTE)total from
699.5 to 700.5 for Fiscal Year 2026-27.
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
PROBLEM
Organizational and operational staffing needs have arisen that were not anticipated during
preparation of the adopted FY 2026-27 budget.
PROPOSED SOLUTION
Approve the proposed FY 2026-27 position requests,including the addition of (1)position,the
upgrade of one (1) position, and the downgrade of one (1) position, effective immediately.
TIMING CONCERNS
Staff recommend approval during the current fiscal year to timely address identified operational and
organizational staffing needs.
RAMIFICATIONS OF NOT TAKING ACTION
Deferring action would limit OC San’s ability to provide appropriate resources to support operational
and business needs.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
N/A
Orange County Sanitation District Printed on 10/6/2026Page 2 of 3
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File #:2026-5112 Agenda Date:10/14/2026 Agenda Item No:5.
FINANCIAL CONSIDERATIONS
The FY 2026-27 Budget provides sufficient funding for the recommended action,with the associated
costs of $143,270.40 to be offset by savings generated from positions that may remain unfilled
through normal attrition.
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 10/6/2026Page 3 of 3
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ADMINISTRATION COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-5118 Agenda Date:10/14/2026 Agenda Item No:6.
FROM:Robert Thompson, General Manager
Originator: Wally Ritchie, Director of Finance
SUBJECT:
RATE STUDY UPDATE
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Information Item.
BACKGROUND
Orange County Sanitation District (OC San)recently completed a Cost of Service Study to evaluate
the costs associated with providing wastewater services.Staff will present information from the
study, including the results of the analysis and associated rates.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Stable rates, no large unforeseen rate increases
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 10/6/2026Page 1 of 1
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10/7/2026
1
Rate Study Update
Presented by: Ruth Zintzun,
Finance Manager
Administration Committee
October 14, 2026
Rate Setting
2
Property Taxes
$124M
21%Other
$15M
3%
Interest
$26M
4%
Fees and Charges
$419M
71%
Intradistrict Transfers
$4M
1%
Total Revenues - $588M
Hire Rate Consultant
Cost of Service Study
Proposed Rates
Prop 218 Process
Adopt Rates
1
2
10/7/2026
2
Study Process
3
Rate Structures
4
FY 31-32FY 30-31FY 29-30FY 28-29FY 27-28FY 26-27FY 25-26FY 24-25FY 23-24
Current
Recommendation
Alternative
Rate setting process initiated a year early due to change in customer base.
3
4
10/7/2026
3
43
1 45
2 47
4
49
7
397 411 43
2 45
2 47
3
49
6
41
6 43
4 45
3 47
4
49
5
$-
$100
$200
$300
$400
$500
$600
FY 26-27 FY 27-28 FY 28-29 FY 29-30 FY 30-31 FY 31-32
Residential Rate Scenarios
5
4.85%4.87%4.87%4.87%3.53%3.39%Actuals/Budget
4.75%4.75%4.75%4.75%3.53%Recommendation
4.45%4.45%4.45%4.45%4.45%Alternative
Residential/Commercial95%
Industrial
5%
Industrial Rates
6
AlternativeRecommendation
Rate Component
ThereafterFY 27-28ThereafterFY 27-28
4.45%-8%4.75%-9%Biochemical Oxygen Demand (1,000 lbs)
4.45%12%4.75%11%Total Suspended Solids (1,000 lbs)
4.45%13%4.75%11%Volume (Million Gallons)
5
6
10/7/2026
4
Cashflow Impact
7
$0
$100
$200
$300
$400
$500
$600
$700
$800
$900
$1,000
FY 27-28 FY 28-29 FY 29-30 FY 30-31 FY 31-32 FY 32-33 FY 33-34 FY 34-35 FY 35-36
Mil
l
i
o
n
s
Reserve Requirement Budget Recommendation Alternative
Key Dates
8
November December January February March ……..July
Mail Prop. 218
Notices
First Reading of
Ordinances
New rates
effective
Public Hearing,
Second Read and Adoption
Rate Study and
Prop. 218 Notices
7
8
10/7/2026
5
Information Item.
Recommendation
9
9
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
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 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
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.