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HomeMy WebLinkAbout08.a. (Handout) Updated Priority Legislation Tracking Sheet Central San 2017-18 Priority Legislative Tracking Sheet as of 6/29/2017 Federal/ State Author Legislation Also Known As Summary Industry Organization(s) Priority List/Position Industry Organization(s) Position Position Recommended by Staff Date of Board Direction Board Decision Notes 1 State Asm. Lackey AB 979 Would simplify the process of adding special districts representation on county lafco's through a simple vote at the county's independent special districts selection committee Co-sponsored by California Special Districts Association (CSDA) and CALAFCO. CASA - Watch Close Support 04/20/17 Support 7/10/17 Set for hearing in Senate Appropriations Comm. 6/21/17 Passed out of Senate Committee on Governance and Finance on 7-0 vote and sent to Senate Appropriations Committee. 5/22/17 Passed out of Assembly (Ayes Asm. Grayson, Baker) and sent to Senate for approval. 5/16/17 BM McGill and staff met via CSDA Leg Days with Asm. Quirk & Sen. Glazer staff to express District support for bill. 5/17/17 District staff met with Senator Glazer, Asm. Baker, and Asm Grayson staff to express Central San support for bill. Staff 5/10/17 Passed out of Local Gov't Committee, 5/1/17 Re-referred to Asm Committee on Local Government 4/17/17 Re-referred to Asm Local Govt Committee. Priority bill for CSDA. Requested District support letter to author. 2 State Asm. Quirk AB 574 Direct Potable Reuse Framework Requires the state board to establish a framework for regulation of potable reuse projects by 6/2018 and adoption of uniform water recycling criteria for potable reuse through raw water augmentation by 12/2021. Sponsored by WaterReuse, CASA priority bill Support 04/20/17 Support 7/5/17 passed out of Senate Enviro Comm on 7-0 vote to Natural Resources Comm. 6/21/17 Passed out of Senate Enviro Quality Comm on 6-0 vote. 6/20/17 In Senate Environmental Quality Committee with amendment to add uniform water criteria by end of 2022 not 2021. 5/22/17 Passed out of Assembly (Ayes Asm. Grayson, Baker) and sent to Senate for approval. 5/16/17 BM McGill and staff met via CSDA Leg Days with Asm. Quirk staff to thank them for authoring AB 574. 5/17/17 District staff met with Senator Glazer, Asm. Baker, and Asm Grayson staffs to express Central San support for bill. Staff 5/10/17 Passed out of Local Gov't Committee, 5/3/17 referred to Asm Appropriations suspense file. 4/26/17 Passed out of committee to Asm Appropriations. 4/19/17 Re- referred to Asm. Water, Parks and Wildlife Committee. 3 State Committee on Environmental Safety and Toxic Materials - Asm. Quirk, Dahle, Arambula, Garcia, Gomez, Holden AB 1441 Hazardous Waste electronic tracking Would support the State's future change of the Federal Hazardous Waste (HW) manifesting (similar to a chain of custody) process from paper to electronic (e-Manifest) when the system comes online. This would add efficiency, improve tracking of HW movement, and increase safety for HW transportation and proper disposal. Support 04/20/17 Support 7/10/17 Hearing set in Senate Appropriations. 6/21/17 Passed out of Senate Enviro Quality Comm and sent to Appropriations on 6-0 vote. 5/17/17 District staff met with Asm. Baker, and Asm Grayson staff to express Central San support for bill. 5/10/17 referred to Comm on Environmental Quality. 5/1/17 Passed out of Assembly. 3/21/17 passed out of Asm. Environmental Safety and Toxic Materials Committee on 6/0/1 vote to send to Appropriations Committee. Would change process of handling for HHWCF and associated vendors Central San 2017-18 Priority Legislative Tracking Sheet as of 6/29/2017 4 State Sen. Lara SB 258 Cleaning Products Right to Know Act of 2017 SB 258 requires cleaning products manufactured or sold in the State to disclose on the product label and website, among other information, a list of each ingredient and contaminant of concern contained in the product as well as an image that communicates the potential health impacts of toxic chemicals. Sponsored by: Breast Cancer Fund, Environmental Working Group, & Women’s Voices for the Earth Support: American Sustainable Business Council, Californians for a Healthy & Green Economy (CHANGE) Coalition, Clean Water Action, Center for Environmental Health, Consumer Federation of California, Seventh Generation, & The Honest Company. Oppose - American Chemistry Council, California Chamber of Commerce. Support 04/20/17 Support 7/5/17 Passed in Hearing set for Asm Labor and Employment Comm on 5-1 vote to Envior SAfety and Toxic Materials Committee. 7/11/17 Asm Enviro Safety and Toxic Materials Comm. 5/30/17 Passed out of Senate to Assembly with Urgency clause (22 Ayes - 15 Noes, Sen. Dodd/Glazer no votes), 5/17/17 District staff met with Asm. Baker, and Asm Grayson staff to express Central San support for bill. 5/15/17 Set for hearing in Senate Appropriations Comm. Set for hearing on 4/26/17 at the Senate Labor and Industrial Relations Committee. 3/15/2017 - Support requested by City of San Francisco via M. LaBella. 3/16/2017 - Requested CASA add to priority list. 5 Federal FY 2018 Interior, Environment and Related Agencies Appropriations bill National Priorities Water Research grant program Ensures critical wastewater research is funded that will continue to meet the needs of local agencies charged with meeting federal mandates Water Environment & Reuse Foundation (Support) Support 04/20/17 Support 3/14/17 District sent support letter to Senate/Congressional members within service area 6 State Sen De Leon SB 100 100% Clean Energy Measure Bill would change the California Renewables Portfolio Standard Program goal under the PUC to achieve 50% renewable resources target by 2026, achieve 60% by 2030, and for all electricity sold at retail to be generated by eligible renewable energy resources by 2045. Would authorize the PUC to establish a requirement that gas sellers, procure a minimum percentage of biomethane or renewable gas, from sources that reduce emissions of short-lived climate pollutants in the state. The bill would require gas corporations to deliver biomethane or renewable gas from producers to the pipeline system. This bill would revise the definition of biogas and biomethane, and would revise the definition of biomass conversion for certain waste management purposes. Biogas conversion definition now includes "the noncombustion thermal conversion of the organic byproducts of anaerobic digestion". PG&E - Opposed, California Independent Petroleum Association - Opposed CASA - Support if Amended, American Council on Renewable Energy - Support, 350 Sacramento - Support 8minutenergy Renewables- Support California Wind Energy Association- Support Clean Energy Fuels, if amended First Solar- Support Large-Scale Solar Association- Support Solar Energy Industries Association- Support Westlands Solar Park- Support Support 05/18/17 Support 7/5/17 Not heard: Hearing set for Asm Utilities and Energy Comm. 5/31/17 Passed out of Senate to Assembly (25 Ayes - 13 Noes Glazer/Dodd in favor). 5/26/17 Author agreed to remove all the renewable gas related provisions from bill, including the definitions of biogas and biomethane, and the addition of "organic byproducts of anaerobic digestion". 5/17/17 Staff discussed witht Sanitation Districts of LA County details/background of the bill. 5/11/17 Waiting on new amendments to post then will go to Appropriations Comm, 5/9/17 Passed out of Sen Energy, Utilities and Communications Comm, 5/1/17 Amended to include CASA comments. Gut and Amend Central San 2017-18 Priority Legislative Tracking Sheet as of 6/29/2017 7 State Sen. Hertzberg SB 231 Stormwater financing - expanded definition of "sewer" Existing law, the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with Articles XIII C and XIII D of the California Constitution and defines terms for these purposes. This bill would define the term “sewer” for these purposes. The bill would also make findings and declarations relating to the definition of the term “sewer” for these purposes. This bill attempts to reverse the existing court decisions that limit the use of the term "sewer" in Prop 218 to limit to "sanitary sewers" and excludes "storm sewers". CASA-Cautiously Support (sent support letter) None 05/18/17 Support 6/26/17 In Asm for thrid reading. 5/22/17 Referred to Local Gov't Comm. *Howard Jarvis has committed to take legal action if this is approved. 5/5/17 Kent Alm concerned about unintended consequences from the bill that will emerge over time that will effect the wastewater industry in the long term. This is a transparent attempt to expand the use of "sewer" in Prop 218 to allow funding of stormwater activities without a formal voter approval. 5/5/17 Author requested CASA support. 4/27/17 Held in Assembly - may be referred to Sen. Local Gov't Committee. 8 State Asm. Jones- Sawyer AB 1250 Counties and Cities: contracts for personal services Beginning 1/1/18, this bill would establish specific standards for the use of personal services contracts by counties and cities and would require the county or city to: 1. clearly demonstrate that the proposed contract will result in actual overall costs savings to the county or city, 2. show that the contract does not cause the displacement of county or city workers, 3. requires county or city to conduct a cost-benefit analysis prior to entering into the contract, 4. requires the prospective contractors to reimburse the cost of the analysis, 5. requires later audit of the contract to determine whether cost savings have been realized 6. requires the contractor to reimburse the cost of the audit, 7. imposes additional disclosure requirements for contracts exceeding $5,000,000 annually, 8. requires each county or city to maintain on its Internet Web site a searchable database of all of its contracts exceeding $5,000,000. CASA - Disapprove, League of Cities - Oppose, Oppose - Howard Jarvis Taxpayers Association, California Ambulance Association, California Building Industry Association, California Chamber of Commerce, California Fire Chiefs Association, California Police Chiefs Association, California State Association of Counties Oppose 06/01/17 Oppose 7/12/17 Set for hearing in Senate Governance and Finance Committee. 6/21 Bill changes included removal of cities and is now in Senate Governance and Finance Comm. 5/31/17 Asm 3rd Reading - may not come up till 6/1/17. 5/30/17 Major amendments but still has following issues, 1. requires contractors absorb the cost for analysis on public benefit which could increase costs for District contractors and District projects, 2. Does not define which type of contracts are affected, 3. Would require the District to collect the Name/Title/Salary of every contractor and provide it under PRA request. 5/10/17 - Currently on suspense file in Asm. Appropriations Comm. - likely will go no further 4/24/17 passed out of Asm Comm on Public Employees, Retirement, and Social Security to Asm Appropriations Committee. 9 State Asm. Rubio AB 869 Sustainable water use and demand reduction: recycled water Changes in bill language make it less supporting of ReW. This bill would prohibit an urban retail water supplier from being required by a regulation to reduce the amount of recycled water it produces, sells, or distributes for beneficial potable or nonpotable uses at any time.This bill would require recycled water delivered within the service area of an urban retail water supplier or its urban wholesale water supplier for either nonpotable or potable use or that replenishes a groundwater basin and supplements the groundwater supply available to an urban retail water supplier be excluded from the calculation of any urban water use target or reduction in urban per capita water use. The bill would state that for these purposes recycled water use is an efficient use of water and would require recycled water use to be considered equivalent to other water use efficiency measures. ACWA - Support, CCWD - Support, would like more clarity on ReW exemptions, WaterReuse - expressed concerns about language changes Support Neutral 7/6/17 *Board has not voted 7/11/17 Hearing set in Senate Natural Resources and Water Committee. 6/27/17 Passed out of Senate Natural Resources and Water Comm. 6/27/17 M. LaBella reviewed amendments and recommends District support as "it is what is needed to protect recycled water from being subject to conservation targets. 6/26/17 CCWD now in support position. 5/30/17 Passed out of Assembly. 5/15/17 Major amendments in the Asm. Appropriations Comm. Rereffered to the Asm Appropriations Comm. Central San 2017-18 Priority Legislative Tracking Sheet as of 6/29/2017 10 State Asm. Caballero AB 1223 Construction contract payments: Internet Web site posting Current law imposes specified requirements on state and local agencies regarding payment of construction contracts. This bill would require, within 10 21 days of making a construction contract payment for a contract over $25K , a state or local agency to post on its Internet Web site the project for which the payment was made, the name of the construction contractor or company paid, the date the payment was made, the payment application number or other identifying information, and the amount of the payment. CASA - Disapprove Oppose 7/6/17 *Board has not voted 7/11/17 Hearing set in Senate Gov'tl Organization Comm. 5/30/17 Senate 1st Reading. 5/30/17 Passed out of Assembly. 4/19/17 re-referred to Asm Local Govt Committee. 3-31-17 Staff reviewing recent 3-27-17 amendments. 4-5-17 Re- referred to Committee on Local Government. 11 State Asm. Bonta AB 1479 Supervisor of Records: Fines This bill would require public agencies to designate a person or office to act as the agency’s custodian of records who is responsible for responding to any California Public Records Act request. The bill would also authorize a court that finds and agency failed to repond to a PRA would be assessed a penalty between $1,000-$5,000. CASA - Oppose (6/29/17)League of Cities - Oppose, Orange County Sanitation Agency - Oppose, Sanitation Agencies of Los Angeles County - Oppose (6/28/17), City Clerks Association of California - Oppose Oppose 7/6/17 *Board has not voted 7/11/17 Set for hearing in Senate Judiciary Committee. 7/3/17 Amendments offered no change in fines. 6/29/17 Recent amendments have sparked a surge of opposition today from CASA, the League, City Clearks Association, and large sanitation agencies. Central San already complies with the legislation therefore an unfunded state mandate and imposed fines seems excessive. 12 Federal Rep. McNerney Cosponsors: Huffman, Speier, Garamendi, Swallwell H.R. 2799 Western Water Recycling Drought Relief Act Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize 22 recycled water projects at a 25% federal cost share to include: 1. Benicia Water Reuse Project ($6.75M), 2. Brentwood Recycled Water Project ($5.2M), 3. Central Dublin Recycled Water Distribution and Retrofit Project ($1.15M), 4. Central Redwood City Recycled Water Project ($7.5M), 5. City of Pleasanton Recycled Water Project ($5.0M), 6. Concord Recycled Water Project ($1.0M), 7. Contra Costa County Refinery Recycled Water Project Phase 1 ($6.25M), 8. Delta Diablo Recycled Water System Expansion Project ($12.5M), 9. Dublin and San Ramon Recycled Water Expansion Project ($6.3M), 10. Hayward Recycled Water Project ($3.0M), 11. Ironhouse Sanitary District Cypress Recycled Water Project ($5.0M), 12. Ironhouse Sanitary District Industrial Recycled Water Project ($3.5M), 13. Ironhouse Sanitary District Direct Potable Reuse Project ($10.0M), 14. Mountain View Recycled Water System Expansion ($5.0M), 15. North Valley Regional Recycled Water Project ($5.0M), 16. Palo Alto Recycled Water Pipeline Project ($8.25M), 17. Pure Water Monterey A Groundwater Replenishment Project ($7.5M), 18. San Jose Water Company Recycled Water Project ($6.0M), 19. Sunnyvale Continuous Recycled Water Production Project ($.5M), 20. Waikoloa Beach Resort Wastewater Reclamation Facility Expansion Project ($3.0M), 21. West Bay Sanitary District Recycled Water Project ($5.0M), 22. Wolfe Road Recycled Water Project ($4.375M), 23. Sponsored by Western Recycled Water Coalition Support 7/6/17 *Board has not voted Introduced June 8th. Should Board approve will request Desaulier cosponsor. Working with Jayne Strommer of Delta Diablo to coordinate call with Desaulnier DC staff. * Two Central San projects totalling $7.25M are in the legislation. Central San 2017-18 Priority Legislative Tracking Sheet as of 6/29/2017 13 Federal Rep. McNerney H.R. (still in discussion draft form) Water and Energy Sustainability through Technology Act Provides drought relief through innovation, increased water supply and regional adaptation and self-sufficiency. Watersmart reauthorization over four years to include: DPR research and regulations within two years of bill passage, $40M for stormwater management grants, $60M for groundwater management grants, $60M for groundwater recharge grants, $150M for community water enhancement grants, $40M water system mitigation and (climate change) adaptation grants, $50M for WaterSense program, $225M for state residential water efficiency incentives program, funds study to detect leaks in transmission pipelines and aqueducts. Additional $4.4B for Improving Green Infrastructure and Community Water Systems SRF including "use of reclaimed and recycled water, and investment in pipes used for purposes of transporting recycled water". Western Recycled Water Coalition - Support Support 7/6/17 *Board has not voted Omnibus bill. Great marker bill for upcoming infrastructure debate. Author working to introduce on week of 6/19/17. Key points of bill: amends new $50M USBR grant program by providing reimbursements for prior costs (WRWC requested language) • Reauthorizes CWSRF at $2B FY18, $2.4B FY19. Instead of $100M increments over 5 years, they rolled all the money into 2 years. • At least 20% of CWSRF funds will go to green projects, including RW projects. • Exempts from the private activity bond cap, bonds for water infrastructure projects (including RW) in areas of drought or disaster. • Establishes within DOE various programs focusing on the nexus between energy and water. Energy needed to reuse water is included in the definition of the nexus. Provides national water-energy nexus database, technologies and a small smart energy-water efficiency pilot program. • Requires USGS to conduct annual consumptive water use survey, including recycled water. • Authorizes funding for EPA to conduct research for potable reuse regulations. • Establishes within EPA a water system mitigation and adaptation grant program, $10M/year for FY 18-FY22, 50% Federal share. Grants to increase water systems’ resilience to climate change. • Reauthorizes Safe Drinking Water Act at $1.2B for FY18 and FY19. 14 Federal Rep. DeFazio (D- OR) Cosponsors (27) including Rep. DeSaulnier H.R. 2510 Water Quality Protection and Job Creation Act of 2017 Omnibus water with SRF funding over four years including $20B for CWSRF, $375M for Alternative Water Source Program, and numerous other funding programs. Support 7/6/17 *Board has not voted DeFazio is ranking Democrat on infrastructure Committee. 15 Federal Rep. Gibbs (R- OH) H.R. 465 Water Quality Improvement Act of 2017 This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) by requiring the Environmental Protection Agency (EPA) to establish an integrated planning and permitting process for municipal wastewater and stormwater management that: 1. enables municipalities to identify the most cost-effective and protective approaches to comply with the Act's requirements; 2. helps them prioritize their investments in addressing the requirements; and 3. is comprehensive and flexible. The EPA must provide technical assistance to the municipalities or states for developing an integrated plan upon request. The EPA must: (1) update its financial capability assessment guidance entitled, "Combined Sewer Overflows- -Guidance for Financial Capability Assessment and Schedule Development," and dated February 1997; and (2) ensure that the guidance may be used for assessing the financial capability of municipalities to implement effluent limitations and other pollution control measures. Support 7/6/17 *Board has not voted CASA/NACWA hoping to get NPDES permit term extension language in this bill (5 years to 10 years) Central San 2017-18 Priority Legislative Tracking Sheet as of 6/29/2017 16 Federal Rep. Hunter (R- CA-So. Cal), CA Cosponsors Rep. McClintock and Rep. Calvert H.R. 2693 Citizen Suit Reform Bill would limit attorney fees and penalties in citizen suits, and bring the Clean Water Act in line with other similar Acts on citizen suits. Would require litigations fees to be reasonable including prevailing market rates for the area of the violation, and may not exceed amount of monetary penalties awarded. In addition, no liability under this Act with evidence that damages were due to an act of God, war, third party (if exercised due care and took precaustions against foreseeable acts. CASA - Watch Close Watch Republican sponsored bill. Not moving through Congress. CASA feels it is too early to send support letters on this legislation. 17 State Asm. Gloria AB 967 Requires a specified bureau to license and regulate hydrolysis facilities. Enacts requirements applicable to hydrolysis facilities substantially similar to those applicable to crematoria. Requires a local registrar of births or deaths to issue permits for the disposition of hydrolyzed remains. CASA - Working with Author Watch 6/26/17 Passed out of Senate Business, Professions and Econ. Dev Comm to Envior Quality Comm. 5/31/17 Asm 3rd Reading Item 273. 5/10/17 Minor changes made in committee. 4/25/17 Baker/Grayson Ayes to pass out of Asm Business and Professions Comm to Appropriations, 4/19/17 Re-referred to Asm. Business and Professions Committee. Complex 20 page bill 18 State Sen. Wiechowski SB 229 Accessory Dwelling Units "clean up" Would prohibit a special district from considering an accessory dwelling unit a new residential use for purposes of calculating connection fees or capacity charges for utilities. It would also extend the applicability of the above prohibition to special districts. CASA - Working with Author Watch 6/28/17 Hearing set for Asm Housing and Community Development Comm. 5/23/17 Asm read first time. 5/11/17 Sen 3rd reading, 5/22/17 Passed out of Senate. 5/2/17 Sen 2nd reading, 4/18/17 2nd reading. Re-referred to Approp. Committee. High likelihood of passage 19 State Sen. Monning SB 623 ACWA - Opposed, CASA - Watch Watch 7/11/17 Hearing set in Asm Enviro Safety and Toxic Materials Comm. 5/30/17 Passed from Senate to Asm (37 Ayes-0 Noes). 5/15/17 Sen Appropriations Hearing date, 4/26/17 Referred to Senate Appropriations Comm. 3/30/17 Re-referred to Senate Environmental Quality Committee 20 State Sen. Hertzberg SB 778 ACWA - Opposed, CASA - Watch Watch 7/11/17 Hearing set in Asm Enviro Safety and Toxic Materials Comm. 5/31/17 Passed out of Senate to Asm. 5/31/17 Senate 3rd Reading. 5/15/17 Sen Appropriations Hearing date, 4/26/17 Referred to Senate Appropriations Comm, 4/5/17 Re-referred to Senate Environmental Quality Committee 21 State Asm. Ting AB 958 Perfluoroalkyl and polyfluoroalkyl substances in food packaging Would prohibit a food provider from serving, selling, offering for sale, or offering for promotional purposes prepared food or fast food in, on, or with take-out food service ware or packaging that contains a fluorinated chemical, as defined. Because the bill would create a new crime, it would impose a state- mandated local program. Co-sponsored by Clean Water Action CASA - Approve Watch 6/21/17 Quirk now a coauthor. Amendments now change language from "fluorinated chemicals" to a eliminating "perfluoroalkyl and polyfluoroalkyl substances" in food packaging by 1/1/20. 5/31/17 Asm 3rd Reading. 5/10/17 Referred to Asm Appropriations Suspense File. 4/26/17 Passed out of Asm Enviro Safety and Toxic Materials Committee to Appropriations. Based on two studies: Danish Study http://www2.mst.dk/Udgiv/publicati ons/2015/05/978-87-93352-15- 5.pdf Boston University Fact Sheet : http://www.bu.edu/sph/files/2016/1 2/Updated-PFAS-Factsheet- Drinking-Water.pdf California Stormwater Quality Association (CASQA) has also been approached to support COMBINED SIMILAR BILLS: Safe and Affordable Drinking Water Fund & Safe Drinking Water Spot Bills (Public Goods Charge). Measure provides data to State Legislature on drinking water quality for disadvantaged communities. Response to Flint, Michigan. Central San 2017-18 Priority Legislative Tracking Sheet as of 6/29/2017 22 State Asm. Dababneh AB 1333 Political Reform Act of 1974: local government agency notices Would require every local government agency that maintains an Internet Web site to prominently post on its Internet Web site, as specified, a notice of any upcoming election in which voters will vote on a tax measure or proposed bond issuance of the agency. The bill would also require every local government agency that publishes an electronic newsletter to include the notice in the electronic newsletter. By imposing new duties on local government agencies, the bill would impose a state-mandated local program. CASA - Disapprove Watch Bill may likely go no further. 5/26/17 In Appropriations. Committee: Held under submission. 5/3/17 Referred to Asm Appropriations Suspense file, 4-5-17 referred to Committee on Local Government 23 State Sen. Canella SB 496 Design Professional Indemnity Existing law allows the public agency to require defence under an indemnity agreement, including the duty and the cost to defend, are unenforceable, except for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. Existing law provides that all contracts and all solicitation documents between a public agency and a design professional are deemed to incorporate these provisions by reference. This bill would instead make these provisions applicable to all contracts for design professional services entered into on or after January 1, 2018. The bill would prohibit the cost to defend charged to the design professional from exceeding the design professional’s proportionate percentage of fault, except that in the event that one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the bill would require the design professional to meet and confer with other parties regarding unpaid defense costs. CASA - Disapprove (possibly oppose) Watch 4/28/17 Chaptered (deal struck with Governor as final vote for SB 1 Transportation bill), 4/18/17 First Reading in Asm. 4/12/17 Coalition letter provided by CASA for a Public Works Association Coalition that CASA may sign on behalf of wastewater agencies. (Provided to Board in packet for 4/20/17 meeting)