Loading...
HomeMy WebLinkAbout10/29/2008 AGENDA BACKUP1. EXECUTIVE SUMMARY The State of California is currently experiencing a water shortage, which will become more extreme if rainfall is limited this wet weather season. This water shortage has resulted in a renewed interest in recycled water by the public. In addition, the Central Contra Costa Sanitary District (CCCSD) Board of Directors in a recent strategic planning discussion unanimously agreed that pursuing a significant recycled water program was a strategic goal for CCCSD. The Board requested that staff conduct a Board Workshop to inform them about current and potential recycled water opportunities as well as the historical, institutional, regulatory, and legal background of the CCCSD recycled water program. Because the recycled water topic is complex, staff has developed this briefing document for the Boards use. After review of the information contained herein, staff has made the findings summarized below. • The CCCSD wastewater treatment facility was originally designed to deliver recycled water to two nearby refineries. However, a relaxation of effluent discharge requirements resulted in the facility not being used for this purpose, except during two short drought periods. Receiving water discharge requirements still do not create an economic incentive to provide the additional treatment needed for recycling wastewater. • Wastewater recycling projects can provide a water supply benefit. • Expansion of recycled water landscape irrigation systems into developed areas is very costly when compared with other water supply options available to the water purveyors, such as rationing and purchasing water from agricultural users during drought years. • Development of a recycled water project to supply Central County refineries may be cost competitive with other water supply options and should be pursued through the provisions of the existing General Agreement with Contra Costa Water District (CCWD). A project of this magnitude would benefit from grants or outside financial partners to mitigate the financial impact to CCCSD ratepayers. • A Business Plan for supplying recycled water to the Central County refineries, in accordance with the CCWD General Agreement, should be developed and submitted to CCWD for discussion. If CCWD is interested in partnering with us, the likelihood of implementing a project will be significantly increased. If CCWD declines to participate, staff and the Board will need to consider our next steps, including the potential of pursuing a refinery recycled water project independently. • Development of a recycled water project to supply the Concord Naval Weapons Station should be pursued with the City of Concord with the goal of making it developer funded to minimize impacts to CCCSD ratepayers. We look forward to further discussing our recycled water program options with the Board at the October 29, 2008 Workshop. CCCSD Board Recycled Water Workshop Section 1 — Page 1 of 1 October 29, 2008 2. INTRODUCTION Central Contra Costa Sanitary District's ( CCCSD) original secondary treatment plant, constructed in the 1970's, has as one of its key design features the ability to serve recycled water to local refineries. While recycled water has been used successfully in our treatment plant, since the construction of our Filter Plant, over the years, various institutional and financial barriers have led to the slow development of our Recycled Water Program. However, in the early 1990's, a successful landscape irrigation program was initiated and has continued to be expanded to the present. Even with this successful landscape program, CCCSD staff and the Board have long been disappointed at their inability to establish a major industrial recycling program. This disappointment is particularly acute given the proximity of two large refineries to our wastewater treatment facility and the existence of infrastructure to feed those refineries. On October 31, 2007, CCCSD Board of Directors held a strategic planning session to review the long -term strategic direction of the District and develop key areas of emphasis for the future. One result of this meeting was the unanimous agreement among the Board that, in the face of increasing water shortages, the Board wanted to pursue a significant Recycled Water Program. Shortly after this strategic planning session, the Board Recycled Water Committee was reinvigorated and staff began a series of new initiatives to explore recycled water project alternatives. As the severity of the State water situation worsened, the Board as a whole has expressed an interest in having a Board Recycled Water Workshop to explore the progress to date and consider the future direction of the Recycled Water Program. Given the complexity of the institutional, legal, environmental and financial issues surrounding the Recycled Water Program, staff prepared this briefing document as background information to prepare the Board for the presentation and discussion to be held at the Recycled Water Workshop on October 29, 2008. CCCSD Board Recycled Water Workshop Section 2 — Page 1 of 1 October 29, 2008 3. INSTITUTIONAL FRAMEWORK General Our CCCSD service area overlaps with the service areas of four separate water purveyors. These are Contra Costa Water District (CCWD), East Bay Municipal Water District (EBMUD), the City of Martinez and Dublin San Ramon Services District (DSRSD). The boundaries of these four entities and their relationship to the existing CCCSD recycled water infrastructure are shown in Figure 3.1 below. Figure 3.1. Map of Water District Boundaries within CCCSD's Service Area WATER DISTRICT BOUNDARIES s� 5u's"" ccwa. LWOW. - Cosa 5 ', Me Cefe ce" wdn mm ee..A.w Uft N*W r— c-w.aa &,&%VSW� C I . NOW AN CCCSD Board Recycled Water Workshop Section 3 - Page 1 of 5 October 29, 2008 These purveyors have invested money in the infrastructure needed to serve water to CCCSD's service area. It is essential that CCCSD Board of Directors understand the demand and supply situation for the purveyors in our service area. The State Department of Water Resources requires each water supplier, providing water to more than 3,000 customers, to complete an Urban Water Management Plan (UWMP) and to update it every five years. The demand and supply information from the most current UWMP for CCWD, which incorporates the City of Martinez, and the most current UWMP for EBMUD is presented below. Please note that DSRSD is not discussed herein, as they do not impact our recycled water plans. Contra Costa Water District Supply and Demand CCWD's latest UWMP, dated December 2005, incorporates the recommendations of CCWD's Future Water Supply Study (FWSS), which was completed in 1996 and updated in 2002. The following information is excerpted from their UWMP. CCWD obtains its water supply exclusively from the Sacramento -San Joaquin Delta and serves treated and raw water to approximately 510,000 people in central and eastern Contra Costa County. The population served is expected to grow to about 650,000 by the year 2030, based on current approved General Plans. All of CCWD's intakes are subject to variations in water quality caused by salinity intrusion, Delta hydrodynamics and discharges into the Delta and its tributary streams from both point and non -point sources. Since 1992, CCWD has spent over $850 million on capital improvements to improve water quality, including $450 million on the Los Vaqueros Reservoir Project. Existing and potential sources of water supply evaluated in CCWD's FWSS included continued use of Central Valley Project (CVP) water, groundwater, recycled water, desalination and water transfers. Their preferred supply alternative includes CVP water, implementation of an expanded conservation program and water transfers to bridge the gap between projected demand and supplies. CCWD's long -term CVP contract was renewed in May 2005 and has a term of 40 years. The contract with the US Bureau of Reclamation provides for a maximum delivery of 195,000 acre -feet per year (AFY), with reductions during water shortages. Recycled water forms a part of the long -term supply at 12,000 AFY beginning in 2010, with no growth projected to the year 2030. This 12,000 AFY represents about 1,600 AFY from CCCSD's Pleasant Hill Zone 1 project, 8,600 AFY from Delta Diablo Sanitation District (DDSD) Energy Center projects, and 1,650 AFY from future landscape projects in the DDSD service area. The FWSS relies on planned purchases of up to 21,500 AFY of water in 3 -year drought situations by the year 2030 as well as short-term demand management through water conservation measures of 33,200 AFY. The planned purchases would be on the open market and could include both long -term and short -term water transfers. It is important to note that: 1. Water conservation measures would likely consist of mandatory rationing, which has a financial impact to customers in the way of dead lawns and landscaping. 2. While CCWD plans to rely on water purchases on the open market, there is no guarantee that those purchases will be available or as inexpensive, as they have historically been, should there be a more serious longer -term drought or should CCCSD Board Recycled Water Workshop Section 3 — Page 2 of 5 October 29, 2008 there be limitations applied to Delta water withdrawals, in response to the impact seen on the endangered species in the Delta. Table 3.1 shows the planned water supply for the CCWD raw and treated water service area for the year 2030 under both normal and 3 -year drought scenarios. Table 3.1 CCWD Planned Water Supply for 2030 CCWD Water Supply Type Year 2030 Normal Supply (AFY) Year 2030 3 -year Drought Supply (AFY) CVP 195,000 126,800 Industrial Diversions 10,000 0 Mallard Slough 3,100 0 Antioch Diversions 6,700 0 Groundwater 3,000 3,000 ECCID Purchases 8,200 12,200 Recycled Water 12,000 12,000 Total Firm Supply 238,000 154,000 Conservation Savings 13,600 13,600 Planned Purchases 0 21,500 Total Planned Supply 251,600 189,000 Demand Management* 0 33,200 Total Normal Demand 222,300 222,300 *Demand Management means mandatory rationing. Continued development of recycled water supplies would offer an alternative to increased conservation, demand management or planned water supply purchases on the open market. However, CCWD publications indicate that the cost of recycled water is too high to compete with the other water supply alternatives available. Also, they state that because additional water is only needed in drought years, CCWD has maintained that it is difficult to justify investing in capital facilities to produce recycled water, which would be needed only on an occasional basis. Therefore, the alternatives with little or no capital investment needs are those that are most favored for CCWD's water supply drought response. It is important to note, however, that: 1. While demand management (i.e. rationing) does not have a capital cost to CCWD, there is a potentially significant financial impact to all their customers, when rationing is implemented, in the form of dead lawns and landscaping. 2. While CCWD plans to rely on water purchases on the open market, there is no guarantee that those purchases will be as available or as inexpensive, as they have historically been, should there be a more serious longer -term drought or should there be limitations applied to Delta water withdrawals, in response to the impact seen on the endangered species in the Delta. CCCSD Board Recycled Water Workshop Section 3 — Page 3 of 5 October 29, 2008 The above analysis does not include supplying water for the development of the Concord Naval Weapons Station. Current planning documents from the City of Concord indicate this demand at approximately 5,100 to 8,800 AFY, depending on the development scenario. CCWD appears to have adequate water supply for year 2030 demands in normal years, even with the addition of the Concord Naval Weapons Station. However, in drought years, this addition would increase the shortfall indicated in Table 3.1. City of Martinez Supply and Demand The City of Martinez obtains raw water from the Contra Costa Water District (CCWD) and then treats and distributes it to its customers. As such, the supply and demand information for the City of Martinez is contained within the numbers presented for CCWD in Table 3.1. East Bay Municipal Utility District Supply and Demand EBMUD's latest UWMP is dated November 2005. The following information is excerpted from their UWMP. Based on historical averages, about 90% of the water delivered to EBMUD's customers originates from the Mokelumne River watershed and 10% originates as runoff from the protected watershed lands in the East Bay Area. EBMUD serves approximately 1.3 million people in Alameda and western Contra Costa County. The population served is expected to grow to about 1.6 million by the year 2030. The Mokelumne River watershed is relatively narrow and steep and is located northeast of the Sacramento -San Joaquin Delta on the western slope of the Sierra Nevada. Annual precipitation and stream flow are extremely variable from month to month and from year to year. EBMUD is pursuing a number of projects to improve water supply reliability during drought conditions, including the Freeport Regional Water Project, which will allow diversion and delivery of Sacramento River water to EBMUD customers during dry years. As noted in Table 3.2, on the following page, for the year 2030, in the future, EBMUD will still depend primarily on the Mokelumne watershed for its supply in normal years. It will continue to be augmented by its conservation and recycled water programs. In drought years, EBMUD will soon be able to draw from the Freeport Regional Water Project, which is currently under construction. This project culminates many years of negotiations and results in the ability for EBMUD to access additional water in dry years. Finally, EBMUD will impose rationing in dry years and still anticipates a shortfall. This shortfall is expected to be met by developing new water supply sources, consisting primarily of groundwater aquifer storage options and desalination. CCCSD Board Recycled Water Workshop Section 3 — Page 4 of 5 October 29, 2008 Table 3.2. EBMUD Planned Water Supply for 2030 EBMUD Water Supply Type Year 2030 Normal Supply (AFY) Year 2030 3 -year Drought Supply (AFY) Mokelumne and Local Runoff 260,000 147,000 Recycled Water 16,000 16,000 Conservation 39,000 39,000 Freeport Regional Water Project 0 55,000 Rationing 0 48,000 Total Planned Supply 315,000 305,000 Shortfall 0 10,000 Total Normal Demand 315,000 315,000 Currently, an expanded recycled water program, beyond 16,000 AFY, is not included in their long -range plan. This 16,000 AFY in the year 2030 represents an almost doubling of their current year recycled water program over the next 20 plus years. Due to its high cost, recycled water, even with this doubling, forms a relatively small proportion of the total EBMUD water supply picture. Observations Based on their UWMP's, both CCWD and EBMUD have adequate water supplies in non - drought years. During a short -term drought (less than 3 years), CCWD still has adequate water supplies and EBMUD, once the Freeport project is constructed, will also have adequate supplies. It is only in severe or longer -term drought scenarios that both water districts start to experience water shortages. When these situations occur, both districts will rely on demand management/rationing. CCWD will also rely on purchasing water from other users; they anticipate that water will be available on the spot market for less than the cost of a typical recycled water project. However, as scarcities become more acute, the cost of water on the spot market is expected to increase. As well, regulations and judicial decisions, related to the impact on the endangered species in the Delta, may make purchased water on the spot market less available. EBMUD is planning to develop additional water supplies, such as groundwater aquifer storage, that are less expensive than recycled water, to further augment its supplies. In an ideal world, what both Districts need is a reliable water supply that they can draw on only in drought years. A very desirable project would be a plan to serve the refineries located near the CCCSD treatment plant, using existing infrastructure, only in drought years. During these years, the value of this water would be increased such that a project might be financially attractive. Staff is continuing to explore the water quality and quantity needs of the refineries to determine if such a project could be developed. Its financial feasibility depends on being able to provide water with no significant amount of additional treatment over that currently provided for our secondary effluent. CCCSD Board Recycled Water Workshop Section 3 — Page 5 of 5 October 29, 2008 4. LEGAL FRAMEWORK Preface This section has been prepared by the office of CCCSD 's legal counsel. The purpose of this section is to provide an overview of several legal issues, which may have impacts on CCCSD's manner and ability to move forward with certain recycled water projects. As with most complicated legal issues, lawyers representing different interests assert different interpretations of legal principles. Accordingly, the following is not intended to state firm answers to specific pending issues, but rather is intended to provide some context for several matters discussed elsewhere in this briefing document. Initially, it should be understood that CCCSD presently has a binding Agreement with CCWD setting forth procedures for initiating recycled water projects within CCWD's boundaries, whereas there is no such agreement with EBMUD. Due to differing enabling statutes and the existing CCCSD -CCWD Agreement, certain legal principles may apply to a given project differently based on whether it is within the CCWD or EBMUD service area. General Agreement with CCWD The General Agreement for Recycled Water between CCWD and CCCSD ( "General Agreement ") governs the terms and conditions under which recycled water may be purveyed to customers within CCWD's service area and requires CCCSD and CCWD to coordinate planning and implementation of recycled water projects jointly. The General Agreement has been in effect since November 2, 1994 and will be renewed automatically on November 1, 2009 for an additional five years pursuant to the terms of the agreement unless the General Agreement is otherwise terminated by CCWD and CCCSD. If CCCSD decides to move forward with a project to provide recycled water within the CCCSD service area, CCCSD must notify CCWD of the proposed project and provide CCWD with a business plan for the project. Upon receipt of the business plan, CCWD would have to decide whether to participate in the project and promptly notify CCCSD of its decision. If CCWD declines to participate in the project, CCCSD would submit to CCWD a request for purveyorship. CCWD and CCCSD would then be required to negotiate a project specific agreement in good faith. The project specific agreement would authorize CCCSD to purvey recycled water and would set forth the rights and responsibilities of each district with respect to the project. Upon execution of a project specific agreement, CCWD would be required to adopt a resolution permitting the recycled water project in accordance with Water Code Sections 31053 and 31054. (These statutory provisions are discussed in more detail below.) The General Agreement authorizes CCWD to seek compensation for that portion of CCWD's bonded indebtedness costs and certain other fixed costs that CCWD could otherwise recover in the absence of the recycled water project. However, CCCSD may dispute CCWD's proposed costs including whether particular recycled water project costs are available under Section 1501 et seq. of the Public Utilities Code ( "Service CCCSD Board Recycled Water Workshop Section 4 — Page 1 of 5 October 29, 2008 Duplication ") or relevant laws. Under the General Agreement, CCWD and CCCSD must evaluate both potentially avoided costs and CCWD's costs related to its bonded indebtedness. Exhibit F of the General Agreement "provides examples of the factors to be considered" when determining avoided costs and revenue sharing for a recycled water project. Either party may terminate the General Agreement by sending a written notice to the other party within one year, but not less than six months, prior to the end of any five - year period. However, the General Agreement will not terminate until the parties agree in writing about the impacts of terminating the agreement. In the event the parties are unable to agree about the impacts of terminating the agreement before the end of the then - current five -year period, either party may request dispute resolution. Once dispute resolution has been initiated, the termination of the General Agreement does not prevent the disputed items from being resolved under the General Agreement and the proposed project should be able to move forward. Water Rights Questions have arisen as to what rights CCCSD has with regard to use of its effluent and how these rights interact with other water rights. Some have suggested that CCCSD may not have the right to use its effluent to provide expanded recycled water services (such as to the refineries) because removal of CCCSD's effluent from Suisun Bay would increase salt water intrusion in the Delta, thereby violating water quality regulations or impairing CCWD's water rights. It has also been suggested that CCWD's water rights are superior to CCCSD's if a dispute were to arise. These issues present questions as to whether CCCSD has the right to use its effluent to provide recycled water services, and if so, whether Delta water users may have rights superior to those of CCCSD impacting on its ability to recycle its effluent. CCCSD'S Rights CCCSD has the right to use its effluent to provide recycled water services to the refineries. The Water Code explicitly grants the owner of a wastewater treatment plant the exclusive right to its effluent against anyone who has supplied the water discharged into the wastewater collection and treatment system.' Moreover, the Water Code authorizes the owner of a wastewater treatment plant to use its effluent to provide recycled water services provided that the owner first obtains approval from the State Water Resources Control Board ( "State Board" ).2 On June 25, 1993 CCCSD filed a petition with the State Board requesting permission to utilize its effluent for irrigation and industrial purposes in the service areas of CCWD and EBMUD. On May 27, 1994, the State Board adopted an order authorizing CCCSD to use up to 26,120 acre -feet per annum of its effluent for irrigation and industrial Wat. Code § 1210. 2 Wat. Code § 1211. CCCSD Board Recycled Water Workshop Section 4 — Page 2 of 5 October 29, 2008 purposes. The order provides CCCSD with the requisite authority to use its effluent for recycled water in amounts adequate to serve the refineries and all other projects currently under consideration. CCWD's Rights Rights to divert surface water in California are generally classified as appropriative or riparian. Appropriative rights are acquired by obtaining a license or permit from the State Board, diverting water away from its source and applying it to a beneficial use (such as agriculture or domestic supply).3 Riparian water rights, on the other hand, are obtained by virtue of owning land adjacent to the source of water.4 The rights of a riparian water user are prior and superior to the rights of an appropriator, while the determination of priority between competing appropriators is governed by the rule of "first in time, first in right." In a general sense, CCWD does not hold appropriative or riparian rights to Central Valley Project ( "CVP ") water. Rather, CCWD obtains up to 195,000 acre feet of CVP water per year pursuant to a Long -Term Renewal Contract ( "Bureau Contract ") with the Bureau of Reclamation. The Bureau has seventeen water rights permits issued by the State Board that it relies upon to supply CCWD and others with CVP water. Thus, it is the Bureau, not CCWD, that holds appropriative rights to CVP water. Moreover, the Bureau contract does not warrant the quality (salinity levels) of the water to be delivered to CCWD. Accordingly, CCWD merely has a contractual right to receive CVP water of an unspecified quality in amounts subject to water flow conditions and regulation. Because CCWD only holds contractual rights to CVP water and CCWD and CCCSD do not have competing rights to divert water from the same flow, it is unclear how the "first in time, first in right" rule of priority would apply. It is also not clear that CCWD's contractual rights under its Bureau Contract would be impaired by an increase in salinity when the contract does not warrant the quality of the water Delta Salinity Arguments CCWD has publicly taken the position that CCCSD should not supply recycled water to the refineries as the current "fresh water" flow of CCCSD's effluent to Suisun Bay is the highest and best use for its effluent. Some comments have been made suggesting CCCSD could not reduce its effluent flow due to upstream salinity impacts. A preliminary report prepared by RMA for Delta Diablo and CCCSD in 2002 concerning the impact of water recycling on salinity concentrations on the San Francisco Bay suggests CCWD's argument that removal of our effluent from Suisun Bay would increase salt intrusion in the Delta is speculative at best. Without going into the details of either the RMA report or memoranda from other consultants, it appears that any impact on the quality of water at CCWD's intakes would likely not in fact be measurable. To state the obvious, the provision of recycled water to the refineries by CCCSD could only have this theoretically negative impact on the salinity levels for CCWD's intake, if 3 Irwin v. Phillips (1855) 5 Cal. 140. 4 Lux v. Haggin (1886) 69 Cal. 255. CCCSD Board Recycled Water Workshop Section 4 — Page 3 of 5 October 29, 2008 CCWD continued to withdraw the same amount of water as previously provided to the refineries by CCWD. The decision as to whether to withdraw the water or leave it in the Delta would be that of CCWD and not CCCSD. It follows that the CCWD decisions would be the precipitating action that would lead to this theorized salinity increase and not the actions of CCCSD. Notably, if CCWD were to reduce its draw of Delta water due to the reduced industrial demand created by CCCSD's provision of recycled water, the analysis not surprisingly projects a decrease (improvement) in Delta salinity. Permission There are certain provisions in the Water Code that require a publicly owned utility such as CCCSD to obtain approval from the board of directors of the county water district or a certain percentage of the voters in the county water district before providing water service to an area that is subject to certain liens. The issue presented is whether these Water Code provisions would apply to a project developed by CCCSD to provide recycled water services to the refineries. Water Code Sections 31053 and 31054 prohibit a publicly owned utility such as CCCSD from providing water service to any land within a county water district which is subject to the lien of a general obligation bonded indebtedness unless the board of directors of the county water district adopts a resolution permitting the service, or the voters in any portion of the county water district proposed to be served by the new service approve by 2/3 vote the provision of the new service. If a court determined that recycled water is a different kind of water service, these statutes then would not apply, but current case law is not dispositive or particularly helpful on this issue. The Los Vaqueros reservoir project was constructed with general obligation bond funds authorized by CCWD constituents. CCCSD will therefore under current law obtain approval from CCWD or some area of voters in accordance with Water Code Section 31053. If the General Agreement with CCWD is no longer in effect at the time CCCSD decides to move forward with the project to provide recycled water services to the refineries, CCWD could refuse to adopt a resolution permitting CCCSD to provide recycled water services. If the General Agreement is in effect, CCWD is obligated to adopt a resolution permitting CCCSD to provide recycled water services to the extent CCCSD follows the procedures set forth therein. Separately, CCCSD need not obtain similar approval from EBMUD before undertaking new projects within its service area, because Water Code Sections 31053 and 31054 only apply to county water districts. If an EBMUD project is proposed, some separate analysis of procedural issues for that service area would be appropriate. Duplication of Services Public Utilities Code Section 1501, et seq., commonly known as the "Service Duplication Act ", relates to the provision of water service by a public agency into the service area of a water service provider when providing the same type of water service. CCCSD Board Recycled Water Workshop Section 4 — Page 4 of 5 October 29, 2008 The issue presented is whether the Service Duplication provisions would apply to CCCSD's provision of recycled water to the refineries, and if so, how much would CCCSD be required to pay CCWD. The Service Duplication provisions require a public agency to provide just compensation to a water service provider if the public agency provides or extends water service into the service area of a water service provider and the provider is injured as a result of the public agency's provision or extension of water services. A water service provider is injured within the meaning of the Service Duplication provisions if the property employed by the water service provider to provide the water service is made inoperative, reduced in value or rendered useless to the water service provider for the purpose of providing water service to the service area. Presently, there is no statutory clarification or appellate law that unequivocally applies these provisions to recycled water services. The initial Service Duplication provisions do not make any reference to reclaimed or recycled water, and clearly, the historic application of the statute did not address recycled water service. The minimal existing appellate law on service duplication does not address the types of water services covered by the Service Duplication provisions as each of those cases deal with competing potable water purveyors. Due to the existence of a number of provisions both in the California Constitution and the Water Code that strongly commend the use of recycled water and declare certain uses of potable water to be a waste, the extent of the applicability of this statute to provisions of recycled water under current law is subject to some question. In the event the Service Duplication provisions are deemed to apply to recycled water, CCWD would then be entitled to some compensation. However, based on existing legal authorities and the unique factual circumstances present, the method for determining compensation and the resulting amount is complicated and potentially subject to dispute. The result of this determination could significantly affect the financial viability of any proposed project. Legal Summary The thoughts stated above are merely intended to identify certain issues which will potentially interface with proposed recycled water projects. Specific statements made herein are not intended to be final positions of CCCSD, nor may they be regarded as admissions of legal positions of its Counsel. These and other legal issues will have to be carefully addressed and further developed if CCCSD seeks to move forward on major projects within the CCWD service area where agreement cannot be easily reached under the current terms of the General Agreement. CCCSD Board Recycled Water Workshop Section 4 — Page 5 of 5 October 29, 2008 5. ENVIRONMENTAL /REGULATORY FRAMEWORK General The conversion of CCCSD wastewater effluent into high quality recycled water for use in industrial applications or landscape irrigation results in the removal of this water from the Suisun Bay. Is the removal of this water from the Delta a net environmental benefit and what regulations apply? In addition to the references in the California Constitution and the Water Code referencing how using potable water supplies for non - potable uses is a waste, the removal of CCCSD treated effluent from the Delta will remove a waste load of certain constituents that are currently regulated. Conversely, removal of the water from the Delta will also remove a source of fresh water that helps to reduce the salt -water intrusion at the mouth of the Delta. The removal of the water is governed by water rights law, as discussed under the legal section. Once the water is directed to recycling, its treatment and distribution is governed by State of California regulations including: Regional Water Quality Control Board Orders, the Department of Health Services Title 22 of the Administrative Code and a Recycled Water Policy currently in development by the State Water Resources Control Board. Waste Load Reduction through Recyclinq National Pollution Discharge Elimination System ( NPDES) regulations require that permits include effluent limitations for all pollutants that are or may be discharged at levels that have the reasonable potential to cause or contribute to an exceedance of a water quality standard. In this regard, CCCSD has effluent limits for conventional pollutants including carbonaceous biochemical oxygen demand, total suspended solids, pH and oil and grease. The District also has effluent limits for copper, lead, mercury, cyanide, acrylonitrile and dioxin. Since the majority of these limits are concentration based, diversions of effluent for recycling do not improve the District's ability to meet these requirements of our NPDES permit. The District does have mass discharge limits for mercury and dioxin, which we are also able to meet. Regardless, any reduction in the mass of pollutants being discharged to Suisun Bay and the Delta should be seen as a benefit. However, it is important to note that if CCCSD implemented a recycled water project that served our local refineries, it is possible that we would be transferring a portion of our pollutant loading to the refineries, who may then need to have their own NPDES discharge permits modified to accommodate that additional pollutant loading. That issue would require further study. In summary, the benefits of a waste load reduction through recycling, while understood to be positive for the Bay, are difficult to quantify because the District is able to meet our NPDES effluent limitations without any additional treatment costs that could be used to potentially offset the cost of a recycled water project. Delta Salinity Impacts of Recycling CCWD's water supply intake is upstream of CCCSD's discharge in the Delta. Because of tidal influence, our effluent can theoretically have a slight impact on the water quality CCCSD Board Recycled Water Workshop Section 5 — Page 1 of 6 October 29, 2008 at the Chipps Island water quality monitoring station, if CCWD continues to withdraw the same amount of water from the Delta. In particular, our effluent has a lower salinity concentration than the Delta in the vicinity of our outfall, during periods of low Delta flow; therefore, we contribute to the fresh water input through the Delta. Removing our effluent can result in a very slight salinity increase at Chipps Island. The current CCWD intake, located upstream of Chipps Island, would see an even slighter salinity impact (see following figure). CCWD staff has stated that, because of this salinity reduction benefit, the most beneficial use of CCCSD's effluent may be to leave it in the Delta. In order to better understand CCWD's position on this matter, CCCSD staff contracted for Delta modeling work in October 2002 with RMA consultants. These results showed that, if it is assumed that there is no reduction in CCWD withdrawals from the Delta due to a CCCSD recycled water project, then the salinity of the Sacramento River near Chipps Island is increased by 0.055 parts per thousand or 0.57 %. If it is assumed that CCWD reduces its withdrawals from the Delta due to the CCCSD recycled water project by a 1 to 1 ratio, then the salinity of the Sacramento River near Chipps Island is actually decreased by 0.032 parts per thousand or 0.38 %. CCWD has stated their model indicates that the withdrawal of CCCSD effluent for recycling would result in a need to release more fresh water upstream to mitigate the salinity increases. Based on this statement, they claim that any water recycled by CCCSD would result in only a 40% new water supply benefit, as 60% of the water removed from the Delta at our outfall would need to be released upstream to prevent a salinity increase at the Chipps Island monitoring station. Based on the modeling conducted by RMA, we could not demonstrate this significant impact. The RMA modeling work suggested that a supplement of Delta outflow of 30% of the recycled water would maintain the salinity levels at Antioch, and less is needed to maintain salinity levels the further east you go. Another interesting finding of the RMA modeling is that the impact of reducing Delta Diablo Sanitation District's (DDSD) treated effluent outflow is much more significant that reducing our outflow. In fact, RMA found that a supplemental outflow of over 74% would be required to meet the same salinity concentration at Chipps Island. To our knowledge, CCWD has never formally raised this issue for DDSD's recycled water projects. In any case, we have consulted experts in the field who maintain that these changes in salinity are almost immeasurable and too low to be used to change the operation of the Delta. If a project diverting large amounts of CCCSD effluent from the Bay is to move forward, this issue will need to be resolved. Recycling Statutes, Regulations and Policies The State Water Resources Control Board (SWRCB), the nine Regional Water Quality Control Boards and the California Department of Public health share jurisdiction over the use of recycled water. Use of recycled water in California is regulated by Title 22 of California Code of Regulations, the Government Code, the Health & Safety Code (Division 104) and the Water Code (Division 7). Title 22 specifies the minimum level of CCCSD Board Recycled Water Workshop Section 5 — Page 2 of 6 October 29, 2008 Area of Detail Sacramento River Sacramento Vallejo Cosummes River North Bay Aqueduct Yolo Bypass Mokelumne River Martinez Chipps Island Contra Costa Canal Legend 1101� Inflows aExports Tidal Flows 4 Agricultural Diversions and Return Flows (250+ locations) Calaveras River • Stockton P4 Banks Pumping Plant (SWP) Tracy Pumping Plant (CVP) San Joaquin River Figure: Sacramento-San Joaquin Delta CCCSD Board Recycled Water Workshop Section 5 — Page 3 of 6 October 29, 2008 treatment, reliability levels, and other requirements for recycled water use for landscape irrigation, food crop irrigation, industrial processes, cooling water and other purposes. The Water Code and the Government Code include statutes that make findings, sets goals, and establishes policies and planning procedures to increase the use of recycled water as a water supply alternative throughout the state. The Water Recycling Act of 1991 added statutes to the Water Code, specifically Sections 13575 through 13583. Major findings of this chapter of the Water Code are that recycled water has been proven to be safe from a public health standpoint and water recycling is a cost - effective and reliable method to meet the State's water supply needs. This chapter of the Water Code also set goals to recycle 700,000 acre -feet of water per year by 2000 and 1,000,000 acre -feet of water by 2010. To meet these goals, these statutes require retail water suppliers to identify potential uses for recycled water within their service areas, potential customers for recycled water service, and potential sources of recycled water. In the 2005 California Water Plan Update, the Department of Water Resources estimated the annual recycled water use at 500,000 acre -feet per year. This level is well below the goals set by the 1991 Water Recycling Act. The State is 15 to 20 years behind achieving the recycled water goal of 1,000,000 acre -feet per year by 2010. The Water Code was amended in 2001 and directed the Department of Water Resources to convene the 2002 Recycled Water Task Force. The Task Force's Report was completed in January 2004. It contained recommendations to increase the use of recycled water in industrial and commercial applications, changes in the Uniform Plumbing Code to allow dual use of potable and recycled water in industrial and commercial buildings, changes in framework of statutes, regulations, and permit procedures to increase the use of recycled water in commercial laundries and toilet flushing, for funding methods for water recycling programs or projects, and for ways to augment surface or groundwater supplies through indirect potable reuse of recycled water. The Task Force's Report also identified impediments to increasing the use of recycled water for industrial, agricultural, environmental, and irrigation applications. In 2000, the Water Recycling In Landscaping Act (SB 2095) was passed and signed into state law. This law was incorporated into Sections 65601 through 65607 of the California Government Code. This section of the Government Code declares that the use of potable domestic water for landscaped areas is a waste or an unreasonable use of water within the meaning of Article X of the California Constitution if recycled water is available that meets the conditions described in Section 13550 of the Water Code. Any local public or private entity that produces recycled water and determines that within 10 years it will provide recycled water within the boundaries of a local agency, shall notify the local agency of that fact. The recycled water producer shall identify the area(s) that is eligible to receive and the necessary infrastructure that the retail water producer or retail water supplier will provide to support delivery of recycled water. Within 180 days of this notification, the local agency shall adopt and enforce a recycled water ordinance CCCSD Board Recycled Water Workshop Section 5 — Page 4 of 6 October 29, 2008 that makes certain findings and requires the use of recycled water for non - potable uses if certain conditions are met. The Department of Water Resources has prepared a model recycled water ordinance that complies with these sections of the Government Code. The water recycling ordinance requirements in the Government Code are to date the strongest methods that have been approved by the State to require the use of recycled water. The ordinance has been used by Marin Municipal Water District and Sonoma County Water Agency in Northern California and many water agencies in Southern California. The District may be able to use these statutes with nearby cities such as Concord, Pleasant Hill, and Martinez and nearby unincorporated areas of the County to require customers to use recycled water for landscape irrigation. The District and /or the Contra Costa Water District will have to provide the infrastructure to treat and convey recycled to areas being served. Over the past 30 years, California agencies have adopted various policies to encourage the use of recycled water, where appropriate, as a way to conserve and extend surface water and groundwater supplies. Most recently, the State Water Resources Control Board ( SWRCB) has been preparing a new Statewide Water Recycling Policy over the past year. The SWRCB will circulate a final draft of the policy for comments and conduct CEQA compliance steps over the next two to three months. This policy is scheduled for approval by SWRCB in early 2009. Highlighting the collapse of the Bay -Delta ecosystem, anticipated climate change impacts on rainfall and snowfall, and droughts, the proposed recycled water policy calls for California to move toward sustainable management of surface groundwater together with water conservation, water reuse and use of stormwater. The following proposed numeric goal is included in the most recent draft of the Statewide Water Recycling Policy: 1. Increase the use of recycled water over 2002 levels by at least one million acre - feet by 2020 and by at least two million acre -feet by 2030. The proposed policy would establish consistent statewide direction and guidance for increasing the use of recycled water, managing salt and nutrients, addressing constituents of emerging concern, streamlining permits for landscape irrigation projects and establishing criteria for recharging groundwater basins with recycled water. The proposed policy also includes a finding that the use of recycled water, which ideally substitutes for use of potable water, is "presumed to have a beneficial impact." Should this finding remain in the final version of the policy, it could be beneficial in challenging CCWD's claim about the negative impact of removing our treated effluent from the Suisun Bay. CCCSD Board Recycled Water Workshop Section 5 — Page 5 of 6 October 29, 2008 The 2005 California Water Plan, prepared by the Department of Water Resources, includes recycled water as an important new, reliable water supply. Substituting recycled water for irrigation would make more potable water supply available. The Water Plan, which is updated every five years, estimates that there is a potential of 0.9 to 1.4 million acre -feet annually of additional water supply from recycled water by the year 2030. Regulatory Value of Recycled Water While there are not clear financial benefits to CCCSD recycling water, as yet, there is an intangible regulatory value of recycling water, in that our regulators look favorably upon agencies that recycle wastewater and this could be beneficial in terms of our future NPDES discharge permit negotiations. As well, as part of our receipt of the original grant funding for construction of our Recycled Water Filter Plant, was under obligation to operate our Filter Plant until the year 2000. Observations The removal of CCCSD effluent from the Bay provides a benefit of reducing the waste load to the Bay. However, because CCCSD can meet all of its effluent requirements, there is no financial incentive or value to CCCSD ratepayers in investing in recycled water facilities solely for the purpose of meeting waste load reduction targets. The removal of CCCSD effluent also can theoretically impact the CCWD intake by increasing salinity. CCCSD Board Recycled Water Workshop Section 5 — Page 6 of 6 October 29, 2008 6. FINANCIAL FRAMEWORK General There are many financial models in operation to fund recycled water projects. Due to the high cost of treatment and the dual distribution systems required for these projects, the costs per acre foot are often significantly higher than other available sources of water supply. In particular, landscape irrigation programs, such as ours, are expensive sources of water due to their seasonal use and the large capital investment to treat and deliver the water. However, in the interests of keeping a balanced portfolio, many water supply agencies invest substantially in their recycled water systems. Most often, those with the most significant investment have local conditions, which make the recycled water projects more competitive financially with other alternatives. Some examples of such programs and their financial drivers are highlighted in the next section. In our case, there are no financial drivers or incentives for developing recycled water projects. Therefore, these projects must be looked at on their own from a cost/benefit standpoint. In order to provide a way of analyzing the cost/benefit of these projects, staff has suggested a guideline of a 15 -year payback for all new projects. It is instructive to review the investment to date in the recycled water program and the actual payback available given the current customer load. Investment to Date and Current Revenue for Landscape Irrigation Program Total capital expenditures in the recycled water program to date are estimated at approximately $11 million. These costs are itemized in Table 6.1 below. Table 6.1 Capital Expenditures for CCCSD's Recycled Water Program Recycled Water Program Component Capital Cost* Recycled Water Distribution Main $4,200,000 Customer Connections and Retrofits $2,300,000 Treatment Plant Upgrades $4,500,000 Total Capital Expenditures $11,000,000 *Excludes grant money for original Filter Plant construction. The revenue from the program is generated by charging customers at a rate 80% of what they would pay for potable or raw water from CCWD. Revenue is greatly dependent on whether it is a dry or wet year, but has ranged from $250,000 to $300,000 in recent years. Annual operation and maintenance costs include repairing breaks, valves and meters, reading meters, flushing lines, monitoring chlorine residual and operation of the Filter Plant and disinfection system. These costs are estimated at about $200,000 per year. CCCSD Board Recycled Water Workshop Section 6 — Page 1 of 2 October 29, 2008 Simple Pay Back Period and Cost of Recycled Water Produced for Landscape Irrigation After paying for operation and maintenance costs, there is approximately $50,000 to $100,000 per year to put towards paying off the capital investment. Using these figures, the payback would be a minimum of 110 years. We sell approximately 600 acre -feet per year of recycled water. Using the above cost figures, the actual cost per acre -foot of water delivered; using our current facilities with costs amortized over 20 years is approximately $1,500 per acre -foot. This is relatively expensive when compared to other water supply sources. Observations There are many ways to evaluate the continued investment in the expansion of the landscape irrigation program. Over the last several years, we have been evaluating the pay back of the cost of extending the distribution system to new users. We have set as a guideline a goal of a 15 -year payback, where the revenue from the extension must pay for the cost of the extension within a 15 -year period. After the 15 years have elapsed, funds would then be available to start paying back the sunk cost of $11 million. If distribution extension projects with longer paybacks are constructed, it simply means that more time will elapse before funds can be directed from those users to paying back the original sunk cost. For the recycled water treatment facilities, we have evaluated the current production capacity and set as a guideline that we do not want to exceed the current capacity and trigger a costly recycled water treatment plant expansion project, unless the project triggering the expansion has the ability to pay for the expanded treatment facilities within a reasonable period of time. With these financial guidelines in place, the expansion of the landscape irrigation program will be limited. We believe the Board concurs with staff that we should seek other types of recycled water customers other than landscape users. Large industrial customers, such as refineries and power plants, use water year round in large quantities and have a much better probability of supporting a recycled water project with a reasonable pay back and generating recycled water at a cost per acre foot more competitive with other water supply options. CCCSD Board Recycled Water Workshop Section 6 — Page 2 of 2 October 29, 2008 7. FINANCIAL DRIVERS FOR OTHER RECYCLED WATER PROGRAMS IN CALIFORNIA As indicated in the previous section, agencies with the most significant investment in recycled water programs throughout the state have local conditions that make their recycled water projects more competitive financially with the other water supply alternatives. Others have developed recycled water programs in response to treated wastewater effluent discharge prohibitions and use recycled water as a method of disposal. Some examples where local and regional issues have driven the development of recycled water supplies and made them financially attractive are given in this section. Delta Diablo Sanitation District (DDSD) DDSD developed their Recycled Water Program as a result of the sighting of new power plants in their service area. The California Energy Commission, the agency that approves new power plant facilities, has a policy that new power plants need to use recycled water. To that end, Calpine Corporation paid for the construction of DDSD's recycled water plant and their 7 -mile distribution pipeline and dedicated the facilities to DDSD. As well, Calpine paid CCWD for their back -up supply charge. So, aside from O &M costs, DDSD's Recycled Water Program was paid for by others. DSRSD /EBMUD Recycled Water Authority ( DERWA) DERWA was formed as a joint recycled water partnership, between Dublin San Ramon Services District ( DSRSD) and EBMUD, to implement the San Ramon Valley Recycled Water Project (SRVRWP). The driver for DSRSD to develop this project was the need for new water supply to serve new development in the San Ramon Valley. The driver for EBMUD to develop this project was that they had set recycled water goals as a way to diversify their water supply portfolio and such a partnership was a cost - effective way to work to meet those water recycling goals, especially considering the significant distance between EBMUD's wastewater treatment plant and the SRVRWP. In addition, there were a number of grants and a low interest loan used to fund the $86.5 million cost for construction of the backbone infrastructure, which was an additional financial incentive for the two agencies. As well, the SRVRWP was constructed to produce recycled water for landscape irrigation, so their new recycled water treatment facilities did not require the costly treatment step of ammonia removal. Redwood City The City of Redwood City is one of 29 wholesale customers who rely on the Hetch Hetchy Regional Water System for their drinking water supply. Redwood City developed a Recycled Water Program, because they had reached their water supply allotment from Hetch Hetchy. In 2003, their water supply plan contained a deficit of —525 AFY and caused Redwood City to place a moratorium on new construction. In August 2003, the City of Redwood City approved a resolution to begin implementation of their Recycled Water Program, with the goal of freeing up potable water supplies. CCCSD Board Recycled Water Workshop Section 7 — Page 1 of 2 October 29, 2008 Their recycled water is provided for irrigation and toilet/urinal flushing — all uses that do not require the costly ammonia removal step as part of the recycled water treatment process. Currently, Redwood City is consuming approximately 1,000 AFY over their contractual supply assurance of 12,243 AFY, so it continues to be necessary, from a water supply standpoint, for them to expand their Recycled Water Program. Santa Rosa The City of Santa Rosa initiated their Recycled Water Program as a way to reduce their treated effluent discharge to the Russian River and as a way to diversify their water supply portfolio. In 2003, the City of Santa Rosa began operation of their first recycled water project, called "The Geysers Recharge Project." This project is a partnership with power producer Calpine, in which 40 miles of distribution pipeline were constructed from Santa Rosa's Reclamation Facility to "The Geysers" steam field in Sonoma County. Their recycled water is injected into these steam fields (called fumaroles), where it is converted to steam and the steam is then used to produce electricity for Calpine. The City of Santa Rosa has used this 40 -mile distribution system as a backbone for developing additional recycled water projects. San Jose /Santa Clara The cities of San Jose and Santa Clara were pressed to develop the South Bay Water Recycling Program due to a limit imposed, by the Regional Board, on the amount of treated wastewater they were permitted to discharge into South San Francisco Bay. The San Jose /Santa Clara Water Pollution Control Plant discharges treated wastewater into the South Bay wetlands, where it acts as a fresh water input. The Regional Board was concerned that the discharge of too much fresh water into South San Francisco Bay would change the delicate balance of fresh water and salt water and would disrupt the existing habitat, which included two endangered species. South Bay Water Recycling currently recycles about 10% of the treated wastewater effluent from the San Jose /Santa Clara Water Pollution Control Plant. Irvine Ranch Water District ORWD) IRWD developed their Recycled Water Program as a way to diversify their water supply portfolio. 65% of IRWD's water supply is provided by groundwater wells, while the remaining 35% is purchased from Metropolitan Water District (MWD). MWD provides a financial incentive of $117/AF for all of their agency customers to develop recycled water projects. As well, IRWD and all other water agencies south of the Tehachapi Mountains have to pay substantial energy surcharges (— $500 /AF) for all water that is purchased from Northern California and pumped over the Tehachapi Mountains. That provided a further financial incentive to develop a Recycled Water Program. CCCSD Board Recycled Water Workshop Section 7 — Page 2 of 2 October 29, 2008 8. POTENTIAL REW FUNDING OPPORTUNITIES Several funding options exist for recycled water projects; however, most of them require that you have a project that is designed and ready to go to construction with all environmental reviews completed to qualify for receiving funding. Below is a description of the various funding opportunities available. Federal Grant Funding Title XVI In 1992, Congress created the Title XVI program establishing water recycling as an ongoing part of the US Bureau of Reclamation's (USBR) mission. This program provides one federal dollar for every $3 local dollars invested in water recycling projects. However, this program does not receive annual funding as part of the US Budget process. Rather, project proponents have to seek funding of Title XVI via earmarks established by authorization and appropriation bills that must successfully pass through both the US House of Representatives and the US Senate. In 2007, our State Senator Diane Feinstein sent a letter to all agencies requesting federal recycled water grants to indicate that she would only support projects of regional significance, essentially recommending a regional approach for the best chance of receiving funding. Since securing our own US Senators' support for recycled water grant funding is critical to receiving an earmark in the Federal budget, this was the impetus for the Coalition approach. CCCSD's Board of Directors approved joining and submitting our A -line Recycled Water Project — Phase I to the Bay Area Recycled Water Coalition (Coalition) at the September 18, 2008, Board Meeting. This Coalition has the express purpose of lobbying for Title XVI funds for Bay Area recycled water projects. The cost to join the Coalition is determined by dividing the cost of a shared federal advocate (lobbyist) by the number of projects submitted to the Coalition and is estimated at $10,000 — $20,000. There are additional costs of approximately $200,000 to prepare the feasibility and environmental reports required for receiving federal funds. State Grant Funding State water resources grants in California are coordinated through Integrated Regional Water Management Plans (IRWMP). The Bay Area IRWMP is a multi - stakeholder, nine - county effort to coordinate a strategic approach to regional water resources management. Through the IRWMP, state grants are allocated to four functional areas: Water Supply and Water Quality, Flood Protection and Stormwater Management, Wastewater and Recycled Water, and Watershed Management and Habitat Protection and Restoration. Priority is given, in the IRWMP, to projects that are designed and ready for construction. There have been two propositions in recent years that have or will provide funding for the Bay Area IRWMP, as follows: CCCSD Board Recycled Water Workshop Section 8 — Page 1 of 3 October 29, 2008 Proposition 50, Chapter 8 Proposition 50 was passed by California voters in November 2002, authorizing $3.4 billion general obligation bonds to fund a variety of specified water and wetlands projects. It set aside $380 million for IRWMP - related grants that would be released in two phases, and is jointly administered by the California Department of Water Resources (DWR) and the State Water Resources Control Board. Staff included our Zone 1 Recycled Water Project in the IRWMP that was updated for the Proposition 50 grant cycle; however, our project did not receive funding, because, at the time that IRWMP was developed, there were no portions of our Zone 1 project that were approved for design or ready to go to construction. There is no additional funding provided in Chapter 50 for recycled water projects. Proposition 84, Chapter 2 The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Costal Protection Act, passed by California voters in November 2006. Administered by DWR, Proposition 84 includes $138 million in funding for the IRWMP Grant Program. We are still awaiting the release of Proposition 84 guidelines, which will specify the requirements for receiving grant funding. Staff will be submitting both phases of our A- line Recycled Water Project to the IRWMP, in the hopes of receiving state grant funding for Phase I of the A -line project. It is important to note that in the acquisition of Proposition 84 funding, CCCSD will be in competition not only with other recycled water and wastewater projects, but also with projects from the other three functional areas — Water Supply and Water Quality, Flood Protection and Stormwater Management, and Watershed Management and Habitat Protection and Restoration, with priority given to integrated projects. On a very positive note for Proposition 84, Governor Schwarzenegger signed into legislation SB x2 2 (Perata /Machado /Steinberg) into law on September 30, 2008, which provides approximately $820 million in bond funds for a number of key programs to improve California's water systems, including the funding commitments in Proposition 84. Local Funding Sources Water Purveyors Our water purveyors, including Contra Costa Water District, East Bay Municipal Utility District and City of Martinez, also serve as a possible source of funding for our recycled water projects. They have the option of contributing to a recycled water project, within their service area, to provide additional water supply. Another water purveyor funding option is an offset. That is, a water trade between CCWD and another partner water agency in our region that would potentially allow us to serve an equal amount of recycled water to our local refineries without being subjected CCCSD Board Recycled Water Workshop Section 8 — Page 2 of 3 October 29, 2008 to CCWD duplication of service charges. Such an arrangement would reduce the overall cost and make a refinery project more feasible. Other Another example of possible local funding is customers who would benefit from a recycled water connection and could contribute to the project to make it cost - effective. A recent example of this approach is our request of Chevron in Concord to contribute $1 M to our A -line Recycled Water Project to bring it back in line with our current 15 -year payback guideline. Clean Water State Revolving Fund Low - Interest Loans Another option to consider for the funding of recycled projects is a low- interest loan offered through the State's Clean Water Revolving Fund. CCCSD received a State Revolving Loan Fund (SRF) loan, back in 1996, to construct a portion of our recycled water backbone pipeline. The interest rate for these SRF loans is set at half the most recent general obligation bond rate, which, historically, has resulted in interest rates of 2.5 -3.5 %. However, in more recent years, as a way to provide additional incentive for using this program, the SRF has started offering loans with an interest rate as low as 1 %. And, for agencies that are able to contribute the matching 0.575% (of your total eligible project cost) to cover the administrative services cost related to receiving this funding, the SRF offers a loan at 0% interest for a loan period of 20 years. The one downside to using this loan program is the administrative reporting requirements are very burdensome to the borrower. According to a survey completed by the State Water Resources Control Board, it is because of these reporting requirements that this loan program has not been well utilized by agencies and why additional incentives have been needed and applied. CCCSD Board Recycled Water Workshop Section 8 — Page 3 of 3 October 29, 2008 9. HISTORICAL OVERVIEW OF DISTRICT RECYCLED WATER PROGRAM Introduction CCCSD was one of the first agencies in California to initiate a large -scale project to recycle wastewater. In the mid 1970's, the District's Filter Plant was constructed as an innovative process to reclaim secondary effluent for use at the two local refineries. CCWD constructed (and currently owns) the distribution pipelines and storage tanks north of the Filter Plant to distribute recycled water to the refineries. CCWD was to purchase the recycled water from the District wholesale and then purvey (retail) the water to the refineries. The industrial reuse project never went forward and the Filter Plant essentially sat idle for about 10 years, supplying only a limited amount of recycled water ( -1 mgd) for process water at the treatment plant and for a few small customers adjacent to the plant. There were two occasions, in 1988 and 1991, during droughts when the District was asked by CCWD to supply a limited amount of recycled water to the refineries (about 2 to 4 mgd). Other than those brief periods, the refineries have not used recycled water. Development of CCCSD's Recycled Water Program In the late 1980's and early 1990's, a series of landscape irrigation projects were scoped as a way to utilize the District's available recycled water supply. In addition, several studies were completed to reevaluate potential industrial reuse projects at the refineries and also to look at supplying other local industries including the Rhodia chemical plant (next to the Benicia Bridge) and the Foster - Wheeler cogeneration facility in Martinez. These potential landscape and industrial recycled water projects are summarized in Table 9.1 below, and represent a total demand of about 36 mgd, which is almost the entire amount of secondary effluent currently treated and discharged by our Treatment Plant during dry weather (approximately 37 -40 mgd). Table 9.1 Potential Landscape and Industrial Water Demand in CCCSD Territory Recycled Water Project Estimated Demand (mgd /day) Water Agency Zone 1 (Pleasant Hill, Martinez, Concord near 1 -680 Freeway) 3 CCWD Lamorinda (Lafayette, Orinda, Moraga) 3 EBMUD Martinez (south of Highway 4) 1 City of Martinez North Concord 3 CCWD Walnut Creek /South Concord (near future A -Line sewer alignment) 4 CCWD Industrial Projects 21 CCWD CCCSD treatment plant uses (existing) 1 CCWD TOTAL DEMAND 36 mgd* *Represents an average annual demand of approximately 31,000 acre -feet per year accounting for seasonal use by landscape irrigators. CCCSD Board Recycled Water Workshop Section 9 — Page 1 of 2 October 29, 2008 The Lamorinda Project, mentioned in Table 9.1, was scoped as a project as a result of the District's forward thinking in the mid- 1990s. At that time, the District acquired a 15- mile portion (the portion in our service area) of an abandoned Shell Oil Company pipeline that was originally used to convey jet fuel in the 1960s, with the vision of conveying recycled water through it to the Lamorinda area. The development of the Lamorinda Recycled Water Project is discussed more thoroughly in the next section. Only the Zone 1 project has been developed and is currently delivering recycled water, as discussed in the next section. CCCSD Board Recycled Water Workshop Section 9 — Page 2 of 2 October 29, 2008 10. STATUS OF DISTRICT RECYCLED WATER PROGRAM The discussion in this section primarily focuses on the status of existing and potential landscape irrigation projects within our service area. A discussion of large -scale industrial recycled water projects is included in the next section. CCWD Water Service Territory Of the four water purveyors in the District's service area (CCWD, EBMUD, the City of Martinez and DSRSD), the closest potential recycled water users are located in the CCWD service area. In 1994, the District negotiated a General Agreement with CCWD that established the framework for developing recycled water projects in the CCWD service area. The General Agreement was later updated in 2004 to include additional economic criteria for evaluating recycled water projects. In 1995, the Zone 1 Project Agreement was negotiated with CCWD that allowed the District to purvey recycled water to landscape irrigation customers in areas of Pleasant Hill, Concord and Martinez near the 1 -680 Freeway. Figure 10.1 shows the general area covered by the Zone 1 agreement. Figure 10.1. General Area Covered by CCCSD -CCWD Zone 1 Agreement a fm CCCSD Board Recycled Water Workshop Section 10 — Page 1 of 8 October 29, 2008 In 1997, the Regional Water Quality Control Board (RWQCB) issued General Water Reuse Order 96 -011 approving the Zone 1 project. The District is currently permitted to supply up to 3.8 mgd to customers in the Zone 1 area (including internal uses at the District's Treatment Plant). Additional treatment and distribution facilities would need to be constructed and approved by the RWQCB, if the District wishes to provide recycled water beyond the 3.8 mgd permitted capacity or to provide service to any new areas outside of Zone 1, including industrial uses. In 2004, the District negotiated an agreement with CCWD to provide on -call maintenance and repair services for the District's recycled water pipelines. This arrangement has worked out well, and the District has been able to utilize CCWD's expertise in water distribution systems to assist with maintenance of our system. Existing Recycled Water System (Zone 1) The District currently owns and operates over 11 miles of recycled water pipelines in the Zone 1 Project area and provides recycled water service to 30 customer connections, primarily for landscape irrigation. Customers include two golf courses, six schools (including Diablo Valley College), three parks, landscape medians and common areas at town homes. Other customers include a topsoil company, a concrete batch plant, a truck - washing facility and the County Animal Shelter, where recycled water is used for both landscape irrigation and cleaning dog kennels. The existing pipelines and customers within Zone 1 are shown in Figure 10.2 on the following page. Recycled water sales have been gradually increasing each year as the District has continued to connect new cost - effective landscape irrigation customers. In 2007, over 208 million gallons of recycled water (600 AF /year) was distributed to offsite locations and an additional approximately 400 million gallons (1,200 AF /year) was used internally by the District at the treatment plant for process water and landscape irrigation. Peak day demands during the high use periods in the summer months are approximately 1.5 mgd for external customers and approximately 1 mgd internally at the District's facilities for a total of about 2.5 mgd. Therefore, there is an additional 0.8 mgd of demand in the Zone 1 Project area that could still be connected to our recycled water system, as allowed under our existing RWQCB permit and our Zone 1 agreement with CCWD. CCCSD Board Recycled Water Workshop Section 10 — Page 2 of 8 October 29, 2008 A -Line Recycled Water Project The largest cluster of remaining customers to be connected in the Zone 1 Project is near the Home Depot area in Concord in the vicinity of Diamond and Meridian Park Boulevards. Staff has identified up to 40 landscape irrigation customers in this area, including businesses and landscape medians for a total demand of 83 million gallons per year (255 acre -feet per year). The area is shown in Figure 10.3 below. The District originally planned to construct Phase 1 of this project, which consists of the backbone pipeline and the first 20 customers, as part of District's A -line sewer interceptor project last summer. However, the recycled water portion was put on hold when additional unanticipated requirements for backflow prevention devices from CCWD increased the project cost by $1 M and increased the payback period from 19 years to 29 years. Staff is currently pursuing grant funding for this project through the Federal Title XVI program and through State Proposition 84. Staff has also approached Chevron, the largest potential customer in the area, about providing financial assistance. Figure 10.3. Map of A -line REW Project Area PIPELINE LEGEND EX I STING PLANNED EXTENSI CCCSD Board Recycled Water Workshop Section 10 — Page 4 of 8 October 29, 2008 Truck Fill Hydrant Program In response to the current drought situation in the EBMUD service area and EBMUD's recall of potable hydrant truck fill meters, the District has implemented a Truck Fill Hydrant Program to make recycled water available to companies, agencies and contractors for dust control, compaction, irrigation and other non potable uses. The District currently has one recycled water hydrant located on Marsh Drive near the Buchanan Fields Airport and is in the process of sighting additional hydrants in the City of Pleasant Hill, which is closer to the EBMUD service area — the source of new recycled water demand in our service area. Concord Naval Weapons Station The development of the Concord Naval Weapons Station property provides an excellent opportunity to expand our recycled water use. While the details of the base reuse plan have not yet been finalized, it is expected that a mixture of commercial, residential and light industrial facilities will be built along with parks and open space. This mixture of uses would create opportunities to use recycled water not only for landscape irrigation but also for non - potable uses such as toilet flushing and cooling towers on commercial buildings. Recycled water projects become much more cost effective when the piping and distribution facilities can be planned and installed with other infrastructure required as part of a new community, and therefore, the Naval Weapons Station site would be ideal for developing a large scale recycled water program with a variety of uses. Construction of the recycled water transmission mains from the District's treatment plant could be coordinated with the construction of the new sewer force mains to further reduce costs. Figure 10.4, on the following page, shows the location of the Concord Naval Weapons Station property in relation to the District's Treatment Plant and existing pump stations in Concord and shows one possible alignment of new recycled water and sewer service lines to the Naval Weapons Station site. City of Concord staff has already expressed a strong interest in including a requirement for recycled water use for the development of the Concord Naval Weapons Station. As a final development plan has not been put forth, the recycled water demands for the Naval Weapons Station property are currently unknown. Staff believes it would be prudent to take the appropriate steps to maximize the use of recycled water for this development. Such steps could include a study to compare construction of a satellite treatment facility on or near the Naval Weapons Station property with expanding our existing Filter Plant and constructing several miles of pipelines to transport recycled water from our Martinez plant. The City of Concord has indicated that development could begin within five years, so it is important to take steps now to help ensure that recycled water use is maximized. CCCSD Board Recycled Water Workshop Section 10 — Page 5 of 8 October 29, 2008 Figure 10.4. Location of the Concord Naval Weapons Station Property EBMUD Water Service Territory EBMUD has been more interested in recycled water projects than CCWD. EBMUD has already developed a number of large projects outside of CCCSD's service area, including the Chevron Refinery project in Richmond, the East Bayshore Project in Oakland and the San Ramon Valley Project (using recycled water from DSRSD). EBMUD has also expressed an interest in developing recycled water projects with CCCSD, if the cost of recycled water is comparable to other water supply options available to EBMUD. For any recycled water projects in the EBMUD service area, EBMUD has indicated they will be the purveyor and will be responsible for the customer contacts. CCCSD would wholesale recycled water to EBMUD for distribution to customers. A draft agreement for wholesaling recycled water to EBMUD was developed for use on the proposed Lamorinda project. Lamorinda Project In 1996, the District purchased a portion of an abandoned 10 -inch Shell Oil pipeline that was previously used to convey jet fuel from the Shell Refinery in Martinez to the Oakland airport. The District acquired (for $1) a 15 -mile portion of the pipeline that runs CCCSD Board Recycled Water Workshop Section 10 — Page 6 of 8 October 29, 2008 from Highway 4 (near the intersection with Alhambra Valley Road) out to county line in the Lamorinda area. The Shell Pipeline was to be rehabilitated and used to transport recycled water to Lamorinda. At that time, CCCSD entered into a partnership with EBMUD to explore development of this project and EBMUD was to ultimately take the lead. The costs to recondition the pipeline to convey recycled water and build the necessary pumping stations and storage tanks were estimated to be about $25M. The project received very strong opposition from residents in the Lamorinda area, who were concerned about the safety of recycled water and the potential for recycled water to induce new growth, since it freed up water supplies. Because of that opposition, EBMUD dropped out as a project partner. To make matters worse, two of the anticipated major users, the golf courses at the proposed Palos Colorados and Gateway (Wilder) developments, were never approved or built, further reducing the water demand in this area that would have justified constructing the project. This significantly reduced the demand and revenues that could be generated from the Lamorinda project to payback capital expenditures. Therefore, the Lamorinda project was abandoned as being too expensive for CCCSD to develop alone. Recent improvements in membrane treatment technology have made the use of remote satellite treatment plants more cost effective than transporting recycled water in pipelines over long distances. As a result, recycled water for the Lamorinda area will likely be provided from satellite plants. Moraga Country Club CCCSD is participating in a feasibility study with EBMUD and the Moraga Country Club to evaluate construction of a satellite treatment plant in Moraga to provide recycled water to the Country Club's 18 -hole golf course. The satellite plant would scalp raw wastewater from a sewer main or CCCSD's Moraga Pump Station and treat it to tertiary standards, likely using a membrane biological reactor (MBR) treatment process. The demand for recycled water at the golf course is estimated to be 0.2 — 0.3 mgd and would offset potable water use. The study will also evaluate expansion scenarios to provide recycled water for landscape irrigation of the 521 homes in the Country Club and nearby parks and schools. The feasibility study is scheduled for completion in January 2009. Other Potential EBMUD Projects EBMUD is currently updating its Water Supply Management Plan and has identified several other possible recycled water projects in the District's service area that it might want to consider in the future depending on water supply conditions: Rossmoor (0.5 mgd) — satellite treatment plant Diablo Country Club (0.2 mgd) — satellite treatment plant Reliez Valley Recycled Water Project (0.2 mgd, nine -hole golf course and cemetery) — new pipeline connecting to our Zone 1 distribution system CCCSD Board Recycled Water Workshop Section 10 — Page 7 of 8 October 29, 2008 The City of Walnut Creek has also expressed an interest in getting recycled water for new developments planned near the downtown area where recycled water could also be used for toilet flushing and cooling towers on commercial buildings. However, the cost to extend the District's recycled water system mainline into Walnut Creek and construct required pumping and storage facilities is estimated to be at least $20M (not including service laterals and customer connections). Because of the high cost of recycled water, EBMUD is not willing to move forward with serving downtown Walnut Creek at this time. There is one possible viable EBMUD project near our existing pipelines — Pleasant Hill Elementary. This project could be cost - effective if we can make use of an existing abandoned water line down Oak Park Blvd in Pleasant Hill. Staff is working with EBMUD to evaluate the feasibility of this project, which would allow additional connections for landscape irrigation of businesses on Oak Park Blvd. City of Martinez Water Service Territory The District identified up to 1 mgd of landscape irrigation demand in the City of Martinez water service area south of Highway 4. Potential customers include the Pine Meadows 9 -Hole Golf Course, John Swett Elementary and several parks. These customers could be served by using the section of the Shell Pipeline that runs from Taylor Boulevard in Pleasant Hill north on Alhambra Boulevard into Martinez. However, in order to connect the Shell Pipeline, two miles of new pipeline would have to be installed from our existing recycled water system near Contra Costa Boulevard. Because of the long distance involved to connect to the Shell Pipeline and the dispersed customer locations, the Martinez connections are much more costly than the Pleasant Hill Zone 1 customers, and, therefore, have not been pursued. CCCSD Board Recycled Water Workshop Section 10 — Page 8 of 8 October 29, 2008 11. POTENTIAL LARGE -SCALE INDUSTRIAL RECYCLED WATER PROJECTS General In the discussion of the financial framework for our existing landscape irrigation recycled water program, it was demonstrated this type of program has a high cost per acre foot of water delivered due to the seasonal use. All facilities are designed and built to deliver water at a peak rate sometime in July or August. During much of the rest of the year, the facilities are underutilized and revenues are not being generated. Therefore, the Board, in their strategic planning session in 2007, suggested that staff focus on large -scale recycled water projects with year -round use. The following is an examination of potential large- scale, continuous -use recycled water projects that District staff has been pursuing since the Board identified this strategic objective. East County Power Plants CCCSD is currently a partner in the East County Recycled Water Industrial Study with Delta Diablo Sanitation District (DDSD), Ironhouse Sanitary District (ISD), Contra Costa Water District (CCWD), the cities of Pittsburg and Antioch, Mirant and PG &E, at a cost of $15,000 per partner. With a matching planning grant of $75,000, from the State Water Resources Control Board (SWRCB), this partnership was created to conduct a study to determine the future water demands of new or expanded power plants in East Contra Costa County and to create a plan for how those water demands could be met with the local, available recycled water supplies. RMC Water & Environment (RMC) has been contracted to conduct this $150,000 study, with help and input from the partner agencies. The California Energy Commission (CEC), which approves all new power plant construction, looks favorably at new power plant applications that include the use of recycled water to meet their cooling needs and looks very unfavorably on the use of any other water source that will subtract from State drinking water resources. So far in the study, it has been determined that if a smaller power plant (new or expanded) is constructed, the local recycled water supplies from DDSD or ISD can meet the demand. However, if a large new or expanded power plant is constructed in East County, it has been determined that recycled water (or potentially even just secondary treated effluent) from CCCSD will be required to meet that demand. There are two options being considered to meet that demand: 1) Using an abandoned pipeline that runs generally between CCCSD and East County (in the location of the new /expanded power plant) to send CCCSD recycled water or secondary effluent to East County 2) Exercising a water exchange option with CCWD, where CCCSD would provide an equal amount of either recycled water or secondary effluent to the local Martinez refineries (Shell and Tesoro) and CCWD would provide the same amount of canal water as the primary or back -up supply for a new /expanded power plant in East County. CCCSD Board Recycled Water Workshop Section 11 — Page 1 of 5 October 29, 2008 Since the distribution facilities for Option 2 are already in place, making it a potentially very cost effective alternative, staff entered into a separate $20,000 contract with RMC, which cost has been shared 50% with CCWD, to study this exchange concept and compare it with the other alternatives presented in the East County Study. Table 11.1, below, lists the preliminary costs for the alternatives explored in the East County Study, along with the exchange concept added by CCCSD and CCWD. Table 11.1. East County REW Study Preliminary Cost Alternatives Alt Supply Source 2015 ADwF Capital Cost Base Load Intermediate Plant Load Delivery to Antioch Only MGD $ M Cost per AF Al DDSD RWF 5.5 $65.4 $1,770 $2,660 A2 ISD RWF 3.6 $35.7 $1,370 $2.060 DDSD RWF 4.5 A3 ISD RWF 3.5 $1,390 $2,090 Total 8.0 $80.6 A4 Satellite at Bridgehead 2.4 $44.7 $2,720 $4,080 A5a CCWD CC Canal 2.4 $18.0 $1,370 $2,060 A5b CCWD CC Canal 8.0 $23.4 $810 $1,220 Delivery to Pittsburg Only P1 DDSD RWF 5.5 $53.6 $1,510 $2,260 P2 CCCSD RWF 8.0 $89.4 $1,440 $2,170 P3 Satellite at Pittsburg 3.7 $53.9 $2,250 $3,370 Na CCWD CC Canal 3.7 $13.5 $930 $1,400 P4b CCWD CC Canal 8.0 $17.6 $740 $1,100 Exchange Concept x1' Frettt �Ii.Servit " °6.U., _ $1;1AEJ 1 �stxorri 4�e 70 AX1 RW to Shell & Canal to Antioch 8.0 $51.1 $1,150 $1,730 AX2 RW to Tesoro & Canal to Antioch 8.0 $45.8 $1,040 $1,560 PX1 RW to Shell & Canal to Pitt 8.0 $45.3 $1,080 $1,620 PX2 RW to Tesoro & Canal to Pitt 8.0 $40.0 $960 $1,450 While the canal water option (CCWD CC Canal) is the least cost, the power companies will likely not pursue this option, because of the CEC's preference for the use of recycled water to meet the cooling needs of new or expanded power plants. The next lowest cost option is the CCCSD /CCWD exchange options, listed as AX1 & 2 and PX1 & 2 in Table 11.1. CCCSD Board Recycled Water Workshop Section 11 - Page 2 of 5 October 29, 2008 The final results of this study are now scheduled to be presented to the project partners and the SWRCB in early March 2009. It is important to note that the potential for this use of CCCSD's recycled water relies heavily on the State's power demands and the decision for power producers to choose East County for a new or expanded power plant. Over the course of the East County study, staff has learned that DDSD's recycled water is included as the water source for two new intermediate /peak- shaving power plants proposed to the California Energy Commission (CEC), by Mirant Corporation, in Pittsburg and Antioch. These power plants are both in the application phase; however, it was our understanding in joining this study that such plants were to be considered as part of the East County study. If these applications are approved by the CEC, it will change the alternatives in the East County Study. Central County Power Plants As an extension to the East County Study, and as another potential project that would provide year -round demand for our recycled water, staff has contracted with RMC to explore the feasibility of sighting a new power plant on District property in the vicinity of our treatment plant. CCCSD can certainly meet the water demand of a new power plant; however, the other requirements for sighting such a facility, availability of sufficient land space, proximity to an adequate supply of natural gas and proximity to the State's electric transmission grid, have to be studied to determine the feasibility of such a project. Results for this project are expected at the same time as the East County Study — March 2009. Regional Biosolids /Power Plant There is a regional partnership currently pursuing development of a regional biosolids treatment and disposal project. Their studies have narrowed down the options to some type of thermal conversion facility, most likely a fluidized bed incinerator. However, processes that generate a feed stock for burning to generate power have also been investigated. The partnership continues to be interested in our treatment plant site, because we are in a location convenient to many of the regional wastewater treatment plants, being located at the intersection of the 4 and 680 freeways. When the biosolids partnership has approached CCCSD staff about sighting such a facility here, we have declined to date, due to concerns about the traffic, odor, air permitting, increased carbon footprint and other impacts of trucking large quantities of biosolids from other plants to our facility and sighting an additional incinerator or other thermal process here. However, it has been suggested that there could be some advantage in sighting a facility at CCCSD, as it would be a potential user of recycled water. Under this scenario, we could consider leasing property to the regional project and requiring their partnership to perform the environmental documentation and address all required mitigations. Staff learned this month that the use of recycled water would be minimal at such a facility. So, that, coupled with the potential for drawing unwanted attention from our neighbors would be significant, has led staff not to pursue this concept at this time and, instead, focus on other large -scale recycled water projects. CCCSD Board Recycled Water Workshop Section 11 — Page 3 of 5 October 29, 2008 Central County Refineries There are two refineries located in the Central County area that can be easily supplied recycled water from CCCSD through a series of pipelines and storage tanks installed by CCWD in the late 1970's. At that time, CCCSD installed a 42 -inch steel pipeline from the filter plant clearwell to a junction structure by Pacheco Creek near the Martinez Gun Club. From that point, CCWD extended the lines to two 3 million gallon tanks on a hill above the junction structure and split off to, what were then, the Shell Refinery and the Tosco Refinery. These refineries have changed names over the years, but for the purposes of this report we will refer to them as Shell and Tosco. The plan, at that time, was for CCCSD to wholesale our recycled water to CCWD, who would then purvey (retail) the water to the refineries. When this project was originally constructed, it was funded with state and federal grants and it was planned to feed the refineries effluent from CCCSD which had received full secondary treatment with nutrient removal followed by tertiary filtration at the Filter Plant. CCCSD's treatment plant expansion, at that time, was originally designed to remove nutrients (nitrogen and phosphorus), in anticipation of discharge standards that would require nutrient removal. After the plant expansion was constructed, CCCSD's new discharge permit was issued and it did not require nutrient removal, so our treatment plant was not operated to remove nutrients, hence creating a problem for the delivery of recycled water to the refineries, since nutrient removal would also have removed ammonia (which is corrosive to cooling towers — the intended use at the refineries). To remedy the ammonia issue, CCWD installed a sodium -ion exchange facility that would then be used to remove ammonia before the recycled water was pumped to the refineries. The majority of these facilities were never fully utilized. The storage and distribution system was used to feed the refineries during two separate occasions during the 1988 and 1991 droughts, on a trial basis. During the first trial, the plant was operated in full nitrification (nutrient removal) mode to remove ammonia and the filters were used to reduce solids. During the second trial, the plant flow was split, with the flow intended for the refineries receiving full nitrification (nutrient removal) and filtration and the other treatment plant flow receiving the usual secondary treatment and discharge to the Suisun Bay. At the present time, the storage and distribution facilities are being used only to supply fire water for neighboring parcels. There is still a potential to develop a recycled water supply project for the two refineries. The District has conducted several studies over the last ten years to look at the economics of such a project. Such a project is attractive because, the two refineries combined use about 19 MGD on an average annual basis, which equates to 21,300 acre - feet per year. Thus, the revenue potential is substantial when compared to a seasonal irrigation user, such as a golf course. The capital investment could also be substantial. There is a savings associated with using the distribution facilities that are already in place. However, these facilities were installed by CCWD and they have indicated they will try to charge us for the use of these facilities. In addition, the refineries will require some level of additional treatment, depending on how they will use the recycled water. The portion of CCCSD Board Recycled Water Workshop October 29, 2008 Section 11 — Page 4 of 5 the recycled water used for cooling towers, approximately half of the 19 MGD, will require nitrification for ammonia removal and filtration to meet the most stringent Title 22 standards. CCCSD's existing facilities are not adequate to provide this level of treatment. The remaining flows, which are used for boiler feed, may require a lesser level of treatment, which could make a boiler feed -only project more economically attractive. Staff will be meeting with refinery operations personnel to better define the quantity and quality of water that the refineries require for their various needs. In summary, development of a recycled water project to feed the refineries has significant potential but also may have significant costs for treatment, distribution and storage. In addition, the issue of CCWD's previous investment to serve the refineries must be addressed. Observations Of all the large scale projects currently being pursued, feeding recycled water to the Central County refineries, a project that has been studied many times over the years, still has the greatest potential. These are existing large users with distribution and storage facilities already in place. While the institutional issues associated with covering some of the previous CCWD investment in facilities needs to be addressed, if these significant industrial users are converted to recycled water, the potential to add 21,300 acre feet to the State's water supply at a relatively low cost warrants further investigation. Particularly in the face of a potential serious drought situation, staff recommends that we refocus our recycled water efforts on trying to overcome the institutional barriers to a large scale recycled water project to feed the Central County refineries. CCCSD Board Recycled Water Workshop Section 11 — Page 5 of 5 October 29, 2008 12. MOST PROMISING LARGE -SCALE RECYCLED WATER PROJECTS General The two most promising projects for us to pursue at this time are 1) the Central County refinery project where existing infrastructure is available and 2) the development of the Concord Naval Weapons Station. The Central County refinery project has many institutional and financial hurdles that will need to be addressed. The Concord Naval Weapons Station is more promising because it is a clean slate where developer monies may be available to offset the cost of the recycled water infrastructure. Strategy for Pursuing Central County Refinery Project While there are institutional and financial hurdles associated with this project, it still has significant benefits when looked at from a statewide water supply perspective. Staff has met with knowledgeable people in the water industry to develop a strategy for pursuing this project and suggests the following approach: 1. Define Potential Project & Quantity and Quality of Water Needed 2. Develop Updated Cost and Schedule Information for Project Implementation 3. Develop Business Plan in Accordance with CCWD General Agreement and Meet with CCW D 4. Pursue Outside Funding Sources by Promoting Project The steps for the recommended approach and the current status of staff efforts are explained in more detail as follows. Define Potential Project & Quantity and Quality of Water Needed Several studies have been conducted on supplying the two Central County refineries with recycled water. In the course of these studies, information has been gathered on the quality and quantity of water needed. This data is quite old and District staff has hired a consultant who worked for the refineries for many years and has contacts there to assist us with setting up meetings with key refinery staff to better define the water quality and quantity needs. These meetings are expected to occur in the months of October and November and will allow us to better define the needs of the refineries and adjust the costs of needed treatment facilities accordingly. In advance of these meetings, staff has authorized a consultant to begin developing treatment scenarios and costs based on the current information available, which is as follows: Refinery Name Cooling Tower Boiler Feed Treatment Required Demand Demand Shell /Equilon 4.6 mgd or 4.5 mgd or Ammonia Removal and Filtration to 5,160 AFY 5,045 AFY Meet Full Title 22 roscZlUltramar 5.0 mgd or 5.0 mgd or Ammonia Removal and Filtration to 5,605 AFY 5,605 AFY Meet Full Title 22 CCCSD Board Recycled Water Workshop Section 12 — Page 1 of 3 October 29, 2008 During the refinery meetings we plan to explore if they can use water with a lesser degree of treatment. An example is that the boiler feed water may not require nitrification or additional filtration to meet full Title 22. In this case, we could look at a project to feed only the boilers, if that would significantly reduce the cost of treatment. These types of additional scenarios will be developed, if feasible, after the refinery meetings. Develop Updated Cost and Schedule Information for Project Implementation We currently have a consultant under contract developing cost and schedule information for constructing the necessary facilities to deliver water to the local refineries. We have asked the consultant to develop costs based on 5 mgd treatment modules. Preliminary information indicates that the capital cost to construct ammonia removal, filtration and ancillary facilities for 5 mgd is approximately $26.5 million. The operation and maintenance costs are estimated at $2,250,000 per year. If the capital costs are amortized over 20 years at 4% interest, the total annual costs are approximately $4,185,000. The amount of water being produced, 5 mgd, equates to about 5,605 -acre ft per year. Therefore, the preliminary estimate of the cost to produce and deliver the water is approximately $750 per acre -foot. There may be some economies of scale if we were to develop a larger project, however the cost per acre - foot would still be significant. There could also be some cost reductions if we were able to deliver recycled water with a lesser degree of treatment. These costs are very preliminary and will continue to be refined. In addition to the capital and operation and maintenance costs, the project would need to compensate CCWD for some of its previous investment to serve the refineries. There may also be a cost associated with having a backup water supply available. These costs were estimated by CCWD in 2001 at $300 to $417 per acre -foot, depending on what facilities are included in the calculation. This brings the preliminary estimate of the cost of water up to the $1200 per acre -foot range, based on the highest level of treatment needed. In non - drought years, this is not an attractive cost. However, in drought years it may start to become financially attractive. The problem for the economics of such a project is that only about 3 out of 10 years are drought years. The schedule for planning, design and construction of the needed facilities is estimated at a minimum of 18 months. This also presents a problem in that, by the time a drought is occurring, the water is need immediately. A project that cannot be operational for at least 18 months may not be attractive. Develop Business Plan and Meet with CCWD Our General Agreement with CCWD requires that we approach CCWD with a Business Plan for any project that we are interested in pursuing. If CCWD is not interested, we can then consider pursuing the project on our own. Staff plans to complete a business plan for the refinery project as information is developed from the refinery meetings and treatment cost estimating tasks. It is anticipated that the Business Plan will be available CCCSD Board Recycled Water Workshop Section 12 — Page 2 of 3 October 29, 2008 by late November and a meeting with CCWD will be initiated shortly thereafter. CCWD will then be given some time to evaluate the plan and advise us if they wish to participate in a joint project or if they would prefer us to proceed on our own. Pursue Outside Fundina Sources by Promoting Proiect Whether or not CCWD participates, it will be beneficial to pursue outside funding by promoting the project. A promotional piece on the refinery project will be developed suitable for marketing the project and meetings will be set up with key individuals who could facilitate funding of the project. At this time it may be beneficial to hire either or both a State and Federal lobbyist to assist with marketing the project to state and federal legislators. Meetings with water -short District's north of the pumping limitation in the Delta, such as EBMUD, would also be conducted. These meetings would explore whether there is a water transfer scheme that could make a refinery project attractive to outside partners. While all of these avenues would be more easily pursued in partnership with CCWD, if CCWD formally declines to participate we believe CCCSD would then have the right to pursue these opportunities on our own. Recycled Water at Concord Naval Weapons Development The City of Concord has maintained in all of their planning documents and in conversations with District staff, that they are committed to having recycled water as part of any development plan for the Concord Naval Weapons area. Under this scenario, the developer would likely be required to absorb the cost of the recycled water infrastructure. Thus, this is a very likely future recycled water customer. The Concord Naval Weapons Station planning process has been moving slowly. We have commented on the planning documents, but the utility discussion in those documents is very limited. Recently there were reports that the field had been narrowed to two potential development proposals. District staff will be setting up meetings with City of Concord staff to ensure that we are engaging in the planning process at the appropriate time, both in terms of defining recycled water infrastructure needs as well as defining wastewater collection and treatment infrastructure needs. CCCSD Board Recycled Water Workshop Section 12 — Page 3 of 3 October 29, 2008 13. BENEFITS AND COSTS OF REW TO CCCSD RATEPAYERS General Before making a policy decision to significantly expand the recycled water program, it is important to consider the benefits and costs to the CCCSD ratepayers. The Board's policy decision will be to determine how much the sewer service charge should be raised to pay for recycled water projects that provide a societal benefit through increased water supply, but may not directly support CCCSD's core business to collect, treat and dispose wastewater at the lowest reasonable cost. While an expanded recycled water program is a method of wastewater disposal, it is at a significantly higher cost than simply disposing secondary effluent to Suisun Bay. A more detailed discussion of benefits and costs follows. Benefits of REW to District Rateoavers Mass Load Reduction — recycling wastewater such that it is not discharged to the receiving water has the potential benefit to the ratepayers of saving costly end of pipe treatment. This potential only applies however, to those constituents for which we have a mass load limitation on our discharge. For those constituents where the discharge limit is based on concentration, there is no benefit. Currently we only have two parameters for which we have a mass limit, mercury and dioxin. Fortunately, we are able to meet both limits. If, for example, we were not able to meet our mercury mass discharge limit we would need to add treatment. Depending on how much mercury needed to be removed, this treatment could include filtration of all effluent as a minimum, or advanced treatment, such as reverse osmosis, as a worst -case scenario. If this were the case, then the cost of treating the effluent and diverting it to recycling could potentially be offset by the avoided cost of not needing additional treatment to remove mercury. But, again, we currently can meet all of our mass limits and therefore there is no financial reason, from a discharge perspective, to invest in recycling to reduce our discharge. Green Initiative — If there is no direct financial benefit from reduced or avoided end of pipe treatment, then the only benefit is the societal benefit in increasing water supply and using a valuable resource. While we can all agree, this is a deserving goal, it is something that is difficult to place a dollar value on. That is where the policy decision comes into play. The Board of Directors will need to weigh the societal benefits of expanding the recycled water program with the cost to District ratepayers. Costs of REW to District Ratepayers Current Landscape Irrigation Program — The current landscape irrigation recycled water program has been financed primarily from sewer service charge rates, with the exception of a recycled water loan which was obtained in 1998 for approximately $3 million at 2.6% interest with a 20 year term. As discussed in the Financial section, the revenue from the sales of recycled water has just recently increased to the point where CCCSD Board Recycled Water Workshop Section 13 — Page 1 of 2 October 29, 2008 it exceeds the annual O &M costs. Thus, for the previous ten years of the program, all of the capital costs have been paid either through the recycled water loan or directly through sewer service charges. Expanded Recycled Water Program - A current project that is still being considered is the A -line recycled water project. The updated estimate of total project cost, including a 10% contingency, is approximately $3.4 million for backbone customers or $5.65 million to connect all potential customers. This represents $23 to $38 dollars per customer for our approximately 150,000 customers. This could be smoothed over several years, by relying on the Sewer Construction Fund Balance, but it still represents a significant impact on the sewer service charge. If we assume the costs are spread over five years, the impact on the sewer service charge would be $5 to $8 per year to construct the A- line recycled water project. This cost would be reduced if we are successful in getting a contribution from Chevron or from the State or Federal governments. Very preliminary estimates are that the cost of a refinery project could range from $25 - $100 million, depending on the level of treatment and amount of flow. As we have explored in earlier sections of this document, the revenue from the recycled water would likely only cover the O &M costs and any costs imposed by CCWD to cover their prior infrastructure investments. Therefore, to understand the magnitude of the potential impact to the sewer service charge, a simplifying assumption would be that all capital costs are funded from the sewer service charge. A project of this size would have to be financed through a loan, either a State Revolving Loan or by CCCSD selling bonds. Assuming this cost plus interest was spread over 20 years, the potential impact on the rate payers would range from about $15 to $70 per year per connection for the next 20 years, depending on the size of the project constructed and the interest rate on the loan or bonds. Thus, depending on the magnitude of the expansion of the Recycled Water Program, the impacts to the annual sewer service charge paid by each District ratepayer, could be significant. The only way to mitigate the financial impacts to CCCSD ratepayers would be to pursue a local partner or State and Federal grants. Observations The District Board of Directors has set as a strategic goal to expand the recycled water program, preferably by developing a large scale, year round user. While this is a laudatory goal that has great potential statewide water supply benefits, the local institutional and financial situation has not in the past supported a contribution from local water purveyors. Therefore, the entire cost of such a project could fall on the shoulders of the CCCSD ratepayers, and the impact would be significant. Because the State -wide drought picture has worsened since we last discussed this project with CCWD, staff suggests we should again approach CCWD about a financial partnership to develop a refinery recycled water project. If CCWD declines to participate, then staff suggests we should develop some promotional literature and consider hiring a lobbyist to pursue outside funding from the State or Federal governments or other willing partners in order to make this project a reality. CCCSD Board Recycled Water Workshop Section 13 — Page 2 of 2 October 29, 2008 sm��� RECYCLED WATER WORKSHOP Board of Directors October 29. 2008 Today's Presentation • Overview of Recycled Water Framework - Institutional - Legal - Environmental /Regulatory - Financial /Funding Opportunities • Historical Overview and Status of District Recycled Water Program • Discussion of Potential and Most Promising Large -Scale Recycled Water Projects • Benefits and Costs of Recycled Water to CCCSD Ratepayers 1 Institutional Framework Water Purveyors • 4 water purveyors in our sewer service area: 1. Contra Costa Water District (CCWD) 2. East Bay Municipal Utility District (EBMUD) 3. City of Martinez 4. Dublin San Ramon Services District (DSRSD) • City of Martinez's water supply planning is included in CCWD's Urban Water Management Plan (UWMP) • DSRSD does not impact our potential recycled water plans (DERWA) Institutional Framework Urban Water Management Planning • The UWMPs for CCWD and EBMUD indicate that they have adequate supply in wet years. • It is only in severe /longer -term drought scenarios that both agencies begin to experience water shortages. • Both agencies plan to rely on rationing during water shortages. • CCWD plans to purchase water from other agencies during water shortages. W Legal Framework 1994 General Agreement with CCWD • Requires joint planning and implementation of recycled water projects • Allows projects to move forward with project- specific agreements • Requires CCCSD to notify CCWD of a proposed project and provide a business plan • Authorizes CCWD to seek compensation for that portion of CCWD's general bonded indebtedness costs and other costs that CCWD could recover • Last renewed in 2004; can be terminated in 2009 Legal Framework Water Rights • Per the Water Code, CCCSD has the right to recycle its effluent upon approval by the State Water Resources Control Board. • In May 1994, the State Board adopted an order authorizing CCCSD to use up to 26,120 AFY to produce recycled water for irrigation and industrial purposes. 3 Legal Framework Permission to Purvey Recycled Water • May need to "ask" CCWD - The Water Code prohibits publicly -owned utilities from providing water service to any land within a water district that is subjected to the lien of a general obligation bonded indebtedness (such as Los Vaqueros), unless approved by the water district's Board of Directors or unless a 2/3 vote is passed by the voters in the portion to be served by the new water service. • No need to "ask" EBMUD Legal Framework Duplication of Services • May apply for both CCWD and EBMUD • Offset investment already made to serve users • Many alternatives to quantify investment E Environmental /Regulatory Framework Potential Benefits and Impacts • Potential Benefits of Recycling Wastewater - Reduces mass load of pollutants to the Bay -Has a regulatory value in terms of buying good- will with the Regional Board (permit negotiation) - Complies with the CA Government Code, Water Code and other policies that declare the use of potable water for non - potable uses a waste • Potential Impact of Recycling Wastewater -May increase salinity at CCWD's intake Financial /Funding Opportunities Grant Funding • Federal Grant Funding under Title XVI - Staff is currently pursuing this funding for our A- line Recycled Water Project as part of the Bay Area Recycled Water Coalition • State Grant Funding - Funding through the Integrated Regional Water Management Plan - Staff is currently pursuing this funding for our A- line Recycled Water Project 5 Financial /Funding Opportunities Low - interest Loans • Clean Water State Revolving Fund Low- Interest Loans - Low interest loans provided at 2.5 -3.5% - 0% interest loans available for 20 years on projects, if the agency can contribute the matching 0.575% to cover administrative costs - Spreads payments out over time to mitigate rate impacts Recycled Water History • Filter Plant and distribution pipelines to refineries constructed in the 1970's for industrial reuse • Industrial reuse not implemented due to institutional constraints, costs and water quality issues • Filter Plant only used for plant utility water and to supply a few small businesses near the plant ( "hotel users ") until mid 1990's 0 Recycled Water Facilities Filter Plant Facilities Recycled Water Facilities Dual -media Filters at our Filter Plant Recycled Water Facilities Hypochlorite Storage Tanks and Chlorine Contact Pipeline Recycled Water Facilities Recycled Water Clearwell & Pumps Recycled Water History Series of landscape irrigation and industrial projects scoped in the late 80's and early 90's Recycled Water Project Estimatetl Demand (MG ay ) Water Agency Zone 1 (Pleasant Hill, Martinez, Concord near 1 -680 Freeway) 3 CCWD Lamorinda (Lafayette, Orinda, Moraga) 3 EBMUD Martinez (south of Highway 4) 1 City of Martinez North Concord 3 CCWD Walnut Creek/South Concord (near future A -Line sewer alignment) 4 CCWD Industrial Projects 21 CCWD CCCSD treatment plant uses (existing) 1 CCWD TOTAL DEMAND 36 MGD (31,000 AFY) Filter Plant Capacity Limits Recycled Water Production • CCCSD currently produces about 40 MGD of secondary effluent that could be recycled. • Our peak -day recycled water demand is currently about 3 MGD. • Our current Filter Plant capacity (about 4 MGD) inhibits a significant expansion of our Recycled Water Program. • Industrial use for refinery cooling towers would require Filter Plant upgrades and construction of ammonia removal facilities. we Agreements with Contra Costa Water District (CCWD) • General Agreement, negotiated in 1994, allows projects to move forward with project - specific agreements. • Zone 1 project agreement, negotiated in 1995, allows CCCSD to purvey recycled water within certain areas of Martinez, Concord and Pleasant Hill. • In addition, an 0 &M agreement was negotiated in 2004 for CCWD to maintain and repair our recycled water pipelines. CCCSD Recycled Water Program Highlights • 11 miles of recycled water pipelines in Martinez, Concord and Pleasant Hill near 1 -680 Freeway • 30 customer connections • Annual recycled water use - 200 million gallons (600 AF /year) sold for landscape irrigation and commercial uses - 400 million gallons (1,200 AF /year) used by CCCSD at its treatment plant in Martinez 10 11 Diablo Valley College Use: Approx. 30 -35 MG /yr College Park High School Use: Approx. 10 MG /yr 12 Stubbs Road Triplexes Use: Approx. 400,000 gaVyr Valley View Middle School Use: Approx. 4 MG /yr 13 City of Pleasant Hill Street Medians Use: Approx. 1.5 MG /yr Pleasant Hill Recreation and Park District Use: Approx. 10 MG /yr 14 Contra Costa County Animal Services Use: Approx. 2 MG /yr Industrial Customers County Quarry Concrete Batch Plant Use: Approx. 10 MG /yr 15 CONCO Truck Washing Use: Approx. 1 MG /yr Our Newest Addition Recycled Water Truck Fill Program 16 Current Recycled Water Program • Total Capital Cost = $11,000,000 • Annual Revenue = $250,000 - $300,000 • Annual 0 &M Costs = $200,000 • Revenue towards capital cost = $50,000 /yr average • Capital payback =100 years • Actual cost per acre -foot = $1,500 /AF ** • Cost of raw water on spot market (per CCWD) _ $200- $300 /AF "Assumes capital cost amortized over 20 years Future Recycled Water Projects • Smaller Scale -A-Line Project in Concord - Near -term Inf ill Projects - Moraga Country Club Satellite Plant • Larger Scale - Concord Naval Weapons Station - Industrial Recycled Water Projects • East County power plants • Central County power plant Recycled Water Pricing • Rates set at approximately 80% of customer's competing water source: - $2.75 /1,000 gallons for customers previously on potable water - $1.31/1,000 gallons for customers previously on canal water or wells • Annual 3% increase built into CCCSD code to keep up with inflation and water district rate increases. Recycled Water Capital Expenditures Since Program Inception in 1996 Description Capital Cost* Pleasant Hill Relief Interceptor recycled water distribution main $4,200,000 Customer connections and retrofits $2,300,000 Treatment Plant Upgrades $4,500,000 Total Capital Expenditures $11,000,000 *Does not include grant money for the original construction of filter plant in 1970's 17 Smaller Scale A -Line Project in Concord • Represents the largest concentration of connections, in the Zone 1 Area, not currently being served with recycled water • Potential for 48 new customer connections • Construction delayed due to costs added by CCWD's backflow prevention requirements • Staff is currently pursuing funding assistance - State and Federal Grants - Chevron Partnership - will reconsider in 2 years 19 Smaller Scale Near -term Fill -in Projects • Potential near -term landscape irrigation projects near existing recycled water pipelines • Blum View Estates (Zone 1) • Nishizawa's Nursery (Zone 1) • Gregory Gardens Elementary School (Zone 1) • Pleasant Hill Park (Zone 1) • Pleasant Hill Elementary ( EBMUD territory) • Potential recycled water demand = 20 MG /year Smaller Scale Moraga Country Club Satellite Treatment Plant • Partnership with EBMUD and Moraga Country Club (MCC) • Currently looking at the feasibility of constructing a satellite recycled water facility that would scalp raw wastewater from CCCSD's Moraga Sewer Pump Station and treat it to recycled water standards for irrigating MCC's golf course • Potential recycled water demand = 70 MG /yr 20 Smaller Scale Moraga Country Club Satellite Treatment Plant tl4 Larger Scale Concord Naval Weapons Station • Staff has coordinated with the City of Concord about wastewater and recycled water service. • The next step is for the Citizen's Advisory Committee to recommend a development scenario to the Concord City Council. • Once Concord releases the EIR for the selected development scenario, staff will evaluate the recycled water service options. • Based on current info, do not need to ask permission of CCWD to serve 21 Larger Scale Concord Naval Weapons Station 22 Larger Scale - Industrial East County Power Plant Study • Study of potential recycled water supplies available for potential new or expanded power plants in Pittsburg and Antioch • Joint study with Delta Diablo Sanitation District, Ironhouse Sanitary District, CCWD, cities of Pittsburg and Antioch, PG &E and Mirant Power companies • Partially funded by State Board grant • Potential recycled water demand = -3,000 MG /yr Larger Scale - Industrial East County Power Plant Study • Study being completed by RMC Water and Environment, with input from agencies • Completion estimated at March 2009 • Exchange option concept added by CCCSD and CCWD and contracted separately with RMC - Adds option of CCWD providing raw water service to new /expanded power plants with CCCSD providing equal amount of recycled water to local refineries - Most cost - effective recycled water option, but may have institutional barriers 23 Larger Scale - Industrial Central County Power Plant Study • Study to evaluate the feasibility of constructing a power plant near CCCSD's treatment plant • Study being completed by RMC Water and Environment in parallel with East County Study • If feasible, power companies will be approached to determine interest level • Potential recycled water demand = -39000 MG /yr Most - Promising Large -Scale Project Serving Local Refineries • This option has been looked at a number of times over the years with the most recent study being in 2002. • Staff has contracted with a refinery expert to reconfirm water quality and quantity requirements at the local refineries. • Staff and CCWD will meet with Shell and Tesoro Refineries in November to discuss options for serving them with recycled water and the possibilities to reduce cost of service. • Potential recycled water demand = -7,000 MG /yr 24 Suggested Next Steps for Serving Local Refineries 1. Define potential project and quantity and quality of water needed 2. Develop updated cost and schedule information for project implementation 3. Develop Business Plan in accordance with CCWD Agreement and meet with CCWD to determine their interest 4. Pursue outside funding sources by promoting the project Benefits and Costs of Recycled Water to CCCSD Ratepayers • Benefits - Mass load reduction to Suisun Bay - Increased water supply • Costs - Refinery Project is estimated at $25 -$100 Million and would translate to a $15 -$70 rate increase per customer per year for 20 years (outside funding is needed) - Concord Naval Weapons Station would likely be funded by the developer 25 Recommended Next Steps • Work closely with the City of Concord on the Naval Weapons Station development • Develop a Business Plan for a refinery project and present to CCWD • Continue implementing smaller scale projects, where cost effective • Leave Recycled Water funding flat for current CIB /CIP Boardinput %L--6•• 26