HomeMy WebLinkAbout11. (Handout) Legislative Update Item
11 .
.,y
(Handout)
Central Contra Costa Sanitary District
July 20, 2017
TO: HONORABLE BOARD OF DIRECTORS
FROW EMILY BARNETT, COMMUNICATION SERVICES AND INTERGOVERNMENTAL RELATIONS MANAGER
SUBJECT: UPDATE ON PENDING LEGISLATIVE MATTERS AND PROVIDE DIRECTION ON PRIORITY LEGISLATION.
Attached is an updated priority legislative tracking sheet. (Attachment 1)
In addition,the following documents are attached for your information:
■ Press release dated July 17, 2017 from the U.S. Department of Interior Bureau of Reclamation on recycled water funding
opportunities under WIIN Act. (Attachment 2)
■ Copy of letter from the California Special Districts Association (CSDA)to the Little Hoover Commission dated July 13, 2017.
(Attachment 3)
• Letter from Central San dated July 19,2017 to the Little Hoover Commission reflecting the Board's comments from the prior
Board meeting on the Commission's potential recommendations for their report on special districts. (Attachment 4)
Sutegic.Flan 7-10-1
GOAL ONE:Provide Exceptional Customer Service
Strategy 1-Foster Customer Engagement and awareness
ATTACHMENTS;
1. Priority Leg i station Tracking 5hget 7-19-17
2. Bureau of Raclameffion Pnm Release 7-17-17
3. CBDA Letter to Uttle Hgover Commission 7-11 -17
4.. Central San Letter to Little Hoover Commission 7-1 -17
https:llcentralsan.novusagenda.com;!AgendaWeb/CoverSheet.aspx?Item ID=239 ���
Central San 2017-18 Priority Legislative Tracking Sheet
as of 7/19/2017
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 7/11/17 In Senate. Read second time. To third
reading. 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 7/12/2017 Read in Senate for second time. Re-
referred to Senate Natural Resources and Water
Comm. 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.
Central San 2017-18 Priority Legislative Tracking Sheet
as of 7/19/2017
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 Senate Appropriations held in Suspense
file. 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
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. 7/13/17 amendments now
allow for disclosure on label or product
website and that a generic name for the
ingredient can be used to protect proprietary
ingredients from disclosure.
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 7/13/17 In Assembly read second time, amended
and re-referred to Appropriations Comm. 7/5/17
Passed in Hearing set for Asm Labor and
Employment Comm on 5-1 vote to Environ 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
Central San 2017-18 Priority Legislative Tracking Sheet
as of 7/19/2017
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".
6/26/17 amendments remove requirements to
replace diesel trucks with zero emission
vehicles. Changed terminology from "eligible
renewable energy resources" to "zero-carbon
resources"
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 7/18/17 In Assembly. Read second time and
amended. Re-referred to Appropriations Comm.
7/13/17 Passed out of Natural Resources Comm
on 7-0 vote. 7/12/17 Passed out of Asm Utilities
and Energy Comm on 10-4 vote. 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 with 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
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 6/15/17 In Asm for third reading (no new info).
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.
Central San 2017-18 Priority Legislative Tracking Sheet
as of 7/19/2017
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 Passed out of Senate Governance and
Finance Committee on 4-2 vote now headed to
Senate Rules Comm. 6/21/17 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
This bill would require the State Water Resources
Control Board to adopt long-term standards for
urban water conservation and water use by May
20, 2021 and conduct necessary studies and
recommend standards for indoor residential use
and outdoor irrigation use for adoption by the
board and update after 2026. The bill would
require the board to adopt performance
measures for commercial, industrial, and
institutional water use to produce measurable
water use efficiency improvements by May 20,
2021. The bill, after 2026, would require the
board to consider updating the long-term
standards for urban water conservation and
water use and the commercial, industrial, and
institutional performance measures. This bill
would state the intent of the Legislature in
enacting this measure to, among other things,
encourage continued investment in water
reuse as a means to increase water supply
reliability and diversification within the state.
The bill would state that water conservation
does not include curtailment of use of
recycled water.
ACWA - Support, CCWD
- Support, would like
more clarity on ReW
exemptions,
WaterReuse - expressed
concerns about language
changes
Neutral 07/06/17 Neutral 7/3/17 In Senate read second time and amended
and re-referred to Senate Natural Resources and
Water Comm. 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.
Re-referred to the Asm Appropriations Comm.
Central San 2017-18 Priority Legislative Tracking Sheet
as of 7/19/2017
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 10 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 07/06/17 Oppose 7/11/17 Passed out of Senate Gov'tl Organization
Comm on 13-0 vote and sent to Appropriations
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 respond to a PRA would be
assessed a penalty between $1,000-$5,000.
CASA - Oppose
(6/29/17)
CSDA - neutral, 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 07/06/17 Oppose 7/1917 CSDA changes position from Oppose to
Neutral because removes requirement for single
PRA request designee and removes litigation
language. 7/18/17 In Senate. Read second time.
7/11/17 Passed out of Senate Judiciary Comm on
6-1 vote and sent to Senate Appropriations. 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
Clerks Association, and large sanitation agencies.
Central San already complies with the legislation
therefore an unfunded state mandate and
imposed fines seems excessive.
Central San 2017-18 Priority Legislative Tracking Sheet
as of 7/19/2017
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 07/06/17 Support 6/16/27 In House Committee on Natural
Resources: Referred to Subcommittee on Water,
Power and Oceans. Introduced 6/7/17. 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 totaling $7.25M are in
the legislation.
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 07/06/17 Support 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.
Central San 2017-18 Priority Legislative Tracking Sheet
as of 7/19/2017
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 07/06/17 Support 5/19/17 In House Committee on Transportation
and Infrastructure: Referred to Subcommittee on
Water Resources and Environment. 5/18/17
Introduced. 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 07/06/17 Support CASA/NACWA hoping to get NPDES permit term
extension language in this bill (5 years to 10
years). 1/13/17 In House Committee on
Transportation and Infrastructure: Referred to
Subcommittee on Water Resources and
Environment. 1/12/17 Introduced.
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
precautions against foreseeable acts.
CASA - Watch Close Watch 5/26/17 In House Comm on Transportation and
Infrastructure: Referred to Subcommittee on
Water Resources and the Environment.
Republican sponsored bill. Not moving through
Congress. CASA feels it is too early to send
support letters on this legislation.
Central San 2017-18 Priority Legislative Tracking Sheet
as of 7/19/2017
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 7/13/17 In Senate. Read second time . Re-referred
to Appropriations. 6/26/17 Passed out of Senate
Business, Professions and Econ. Dev Comm to
Environ 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 7/12/17 Passed out of Asm Local Gov't Comm on
9-0 vote to Appropriations. 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 7/13/17 In Assembly. Read Second time and re-
referred to Appropriations. 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
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 7/19/2017
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. 7/17/17 New
amendments will allow greater time to collect
sufficient data and complete the evaluation
and regulatory process. Add specificity to
what the Dept of Toxic Substances must do
by 1/1/19 including: gaining data, adding
package containing perfluoroalkyl or
polyfluoroalkyl substances in the 2018-20
Priority Product Work Plan, post findings on
the website, post regulatory process for food
packaging containing these substances,
verify that packaging containing these
substances should be considered after data
collection.
Co-sponsored by Clean
Water Action
CASA - Approve Watch 7/17/17 In Senate Read second time and
amended. Re-referred to Appropriations Comm.
7/5/17 Passed out of Senate Environmental
Quality Comm on 5-2 vote. 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
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 This bill is dead. 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
Central San 2017-18 Priority Legislative Tracking Sheet
as of 7/19/2017
23 State Sen. Canella SB 496 Design
Professional
Indemnity
Existing law allows the public agency to require
defense 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)
I
Ark Ah
REJ
CLAMAT
ION
Managing Yater in the Wiest
Commissioner's Office
Washington, DC
Media Contact: Patti Aaron, naaron@usbrgov, 202-513-0544
For Immediate Release: July 17, 2017
Bureau of Reclamation Publishes Funding Opportunity
for Title XVI `Fater Recycling Projects Under WIIN Act
Sponsors of water recycling projects that have completed a Title XV/Feasibility Study and
meet all requirements are eligible
WASHINGTON -The Bureau of Reclamation has released a new funding opportunity for Title XVI
water recycling projects under the Water Infrastructure Improvements for the Nation Act (P.L. 114-
322). This funding opportunity is for sponsors of water recycling projects that have completed a Title
XVI Feasibility Study that has been reviewed by Reclamation, found to meet all the requirements of
Reclamation Manual Release WTR 11-01 and been transmitted to Congress by Reclamation. For a list
of eligible projects,please visit: httt)s://www.usbr.gov/watersmart/title/feasibilit .html.
To view the funding opportunity,please visit www.grants.gov and search on funding opportunity
number BOR-DO-17-F028. Applications are due on August 17, 2017. It is anticipated that
Reclamation will fund four to eight awards depending on requested funding.
Reclamation may provide up to 25 percent of the total cost of planning, design and/or construction that
will be conducted before September 30, 2019. Recipients are responsible for 75 percent or more of
total project costs.
The WIIN Act was enacted in December 2016, to address water resources infrastructure that is critical
to the nation's economic growth, health and competitiveness. The amendments in Section 4009 (c) of
Subtitle J of WIIN allows new water recycling projects to be eligible for federal funding.
Reclamation provides funding through the Title XVI Water Reclamation and Reuse Program for
projects that reclaim and reuse municipal,industrial, domestic or agricultural wastewater and impaired
ground or surface waters. Reclaimed water can be used for a variety of purposes, such as
environmental restoration, fish and wildlife, groundwater recharge, municipal, domestic, industrial,
agricultural, power generation or recreation.
Since 1992, Title XVI funding has been used to provide communities with new sources of clean water,
while promoting water and energy efficiency and environmental stewardship. In that time,
approximately$672 million in federal funding has been leveraged with non-federal funding to
implement more than $3.3 billion in water reuse improvements.
To learn more about Title XVI and these awards,please visit httvs://www.usbr.gov/watersmart/title.
Reclamation is the largest wholesale water supplier in the United States, and the nation's second largest producer of
hydroelectric power. Its facilities also provide substantial flood control,recreation, and fish and wildlife benefits. Visit our
website at https://www.usbr.;ov/and follow us on Twitter @USBR.
�•¢_0EvAT U.S. Department of the Interior
Bureau of Reclamation
California Special
Districts Association
®p p M Districts Stronger Together
July 13, 2017
The Honorable Pedro Nava
Little Hoover commission
325 L Street, Suite Soy
Sacramento, CA 85814
RE: June 22 Roundtable Discussion on Special districts
Chair Nava:
- the potential recommendations discussed at the Little Hoover
This letter�s intended to follow up on
commission's (Commission) June 22 roundtable. First and foremost, we would like to once againdin thank you and your staff for g o
v inviting us to participate in the roundtable.We appreciate t the open
dialogue you and your staff have facilitated throughout your review.
g
assist in your consideration as to whether the recommendations, as
Our feedback is intended to ass Y "..,are hei ful can
to the Commission's attached potential recommendations states, , p
the preamble u
• intended copse uences. For brevity, this letter primarily focuses
be implemented or might have un q
on these recommendations for which we would like to reiterate or supplement feedback provided
by participants during
the roundtable. We have numbered the bullets for reference.
G G VERNA NCE
1. Stop overriding L ►FCOs
Local Agency Formation commission (LAFCO) process, not the
1N8 agree that the Lac g Y
legislative prose ss is most appropriate for addressing local agency boundaries and
organization in a thorough, democratic,c, and effective Manner.
2 One-timeg rant funding for specified LAFCO activities
• the State General Fund would offer the most cost-effective
One-time grant funding through
means of addressing'n areas of ianalysis ofnterest. It would allow for the measurement and y
such investments without encumbering taxpayers mberin tax a ers and ratepayers with ongoing, permanent
funding obligations.
3, Divert local property tax to fund LAFCO
roach under Potential Recommendation 2 is a more prudent
The one-time grant funding app essential
on l opposes the diversion of property taxes away from the
approach. GSDA strongly pp .
'ch the were originally approved. A few of the reasons include.
local services for which y g
• Not all thea agencies overseen by LAFCas receive property tax revenues. `
9 borne b certain agencies to
Therefore,the cost or"hit"would be disproportionately Y
g
fund the review
of other agencies. The existing structure by which the LAFCO sets
California Special Districts Association A proud California special Districts Alliance partner
1112!Street,Suite 200
Spacial DistriGt Risk Management Authority CSDA Finance Corporation
Sanramerrto CA 95814 Il 121 Street,Suits 300 11121 Street.Suite 200
toll tree:877.924.2732 Sacramento,CA 95814 Sacrarnenta,CA 95814
t:918.442.7897 tall-free:000.937.7790 toll-free:877 924.2732
f:918.447.7889 f.918.231 A11 l L 918.442.7889
www.csd a met
California Special Districts Assoclation
Page 2 of 7
its budget and then charges dues based on each local agency's total revenue is the
most fair and equitable way for charging agencies.
Diverting property taxes would result in an immediate and permanent hit to local
services, and/or increases in other local taxes and fees to replace those revenues.
If the State wants to help local agencies, before contemplating the further diversion
of local property taxes, it should restore the billions of dollars in local property tax
dollars it has diverted from local agencies via ERAF (educational revenue
augmentation fund). Since ERAF was first Imposed in 1992, local agencies have
lost over$100 billion to back-fill State General Fund payments for education. In
Fiscal-Year 2012-13 alone, cities, counties, and special districts lost$6.8 billion.
Local agencies cannot sustain further erosion of the foundational local revenue
base that property taxes provide.
4. Reduce the voice of local residents on LAFCO actions
Ultimately, the residents receiving a focal service and paying for the service should choose
the service. CSDA respects and values the role of the public in self-determining the local
government entities they fund to deliver the services they rely on. Making It more difficult for
residents to engage and affect the decisions related to their local services is not a winning
democratic solution.
An analysis of the outcomes of the existing protest threshold structure should come before
an arbitrary call to simply increase the threshold across the board.
5. Require districts to hold public hearings on completed MSRs
This could increase access to the Municipal Service Review(IVISR) process, so long as the
language is flexible in allowing the district to place the item on the meeting agenda that
makes the most sense for that district to avoid unnecessary costs and constraints.
Based on feedback from our membership, it may be beneficial to add to this
recommendation by also requiring LAFCGs to provide affected local agencies with a draft
MSR and offering a 45-day comment period prior to the LAFCO approving the final MSR.
This would afford affected agencies and the public the opportunity to review the draft and, if
appropriate, provide input to the LAFCO before or during its hearing to approve the final
Iv1SR, We understand that some LAFCGs undertake this practice as a matter of local
policy. However, it is not universally adopted and not required by law.
6. Streamline dissolution of Inactive districts and SB 448
CSDA formally adopted a support position on SB 448 (Wieckowski) as amended July 3,
2017, and we support this potential recommendation.
7. Simplify the process for adding special district representation to LAFCO—AB 979
Per our ongoing discussions with the Commission, CSDA and CALAFCG are co-
sponsoring AB 979 (Lackey)to accomplish this purpose. it would be helpful to this effort for
the Commission to explicitly recommend enactment of AB 979 as part of this
recommendation.
California Special Districts Association
Page 3 of 7
8. Require fined terms for LAFCO commissioners
Based on feedback from our membership,we would advise the fixed-term be worded
g
flexible enough to allow for a mid-term "promotion"from the"alternate" LAFCO commission
seat to the regular seat.
TRA NSPARENC Y
1. LAFCO website requirement
It would seem that the most efficient way of accomplishing this recommendation would be
to interconnect the proposed website component with the existing State Controller and
n
State Treasurer re mandated b state law related to financial transactions and debt,
ports Y
which are already posted to these State websites. If the State is already collecting this
r y
information an displayed d would like it dis la ed elsewhere, it should facilitate that effort by simply
allowing other entities to link to the existing State websites. This is currently the case for
local agency
website mandates related to the annual compensation reports and financial
transaction reports filed with the State Controller.
2. Reserve fund policy requirement
We agree
with this potential recommendation, so long as it is written in a manner that
1
allows for local flexibility in the writing of local policies.
3. Special district website requirement
If the comm
idsion chooses to recommend a statutory website requirement for special
districts, we w strongly would strop l encourage the commission write the recommendation to meet
the following principles:
lication Requirements are applied equitably to all levels and types of
� ual A q
local and state government, with modifications only to reflect pertinent differences in
specific governance structures.
c —Government agencies should be able to carry out transparency efforts
Efficie g
with minimal cost impacts to residents, property owners, or taxpayers that could
diminish core service delivery. In addition, policies should not create redundant or
duplicative transparency efforts. For example, linking to an established authority or
duplt p Y
clearinghouse on a p
rip house articular matter is superior to posting a duplicative, stagnant
report.
Presence ce Above Prescri tion�The more prescriptive website requirements are, the
fewer public agencies will be able to afford compliance. Groups like the Special
District Leadership Foundation (SDLF) can establish best practices and continue to
encourage districts to do better.
Threshold--There ars public agencies that meet a real need for a community
�
Size Th p
yet, given their small budget, small staff, and/or small population, the soft costs
with maintaining a website simply do not pencil out for the taxpayers and
associated w g .
from a cost-benefit standpoint. For the same reason, the Legislature
ratepayers � (special
established a $'150,000 threshold for annual audit requirements districts with
annual revenues under$150,000 are able to utilize cheaper and less frequent
abili alternatives). Perhaps districts under such a threshold could simply be
accountability �
listed on the LAFCO or other county or state website with their name, address, and
California Special Districts Association
Page 4 of 7
phone number. CSDA already does this at www.csda.net through our interactive
map of all special districts.
• Access Threshold–Most of us don't think about it, but much of California still lacks
dependable i nternet access. In fact,there are communities served by special districts
where there is little-to-zero reliable internet access. Clearly, in these areas, it would
be impossible for a district to regularly update a website with the mandates under
existing law, let alone the growing number of website mandates. Moreover, even if
these districts found a way to comply, the vast majority of their constituents would
never be able to benefit from It because they do not personally have Internet access.
Therefore, agencies headquartered within areas listed by the Public Utilities
Commission as unserved should be exempted from any website requirement.
• .Delayed I mplem,en�,n–There should be at least a one-year delayed
implementation. It can take up to a year to conduct a proper discovery and
implementation process for designing and publishing a website, and agencies will
need time to Identify the resources, staffing, policies, and systems to adequately
update and maintain websites. Not to mention, agencies will need to plan ahead for
budgeting, bidding, and contracting purposes.
In early 2017 CSDA's Legislative Committee established a working group to propose
proactive policy steps to promote the successful adoption of websites for special districts.
At its most recent meeting, the working group supported a statewide website requirement
that meets the above conditions.
If the commission decides to proceed with a recommendation for a statewide website
requirement, CSDA strongly encourages the Commission to avoid a top-down, one-size-
fits-all approach to mandating the specific content of local agency websites in statute.
Instead, the Commission should encourage organizations like SDLF to set guidelines and
best practices. This is for a few reasons:
• Evolution of Technola –Websites, and technology In general, evolve much faster
than State law, making statute a poor place to micromanage websites, once a
"transparency" law Is enacted, It is difficult to amend and nearly Impossible to repeal
due to the political optics of doing so—even if It is no longer the best public policy.
# Soft Costs Outwei h Hard Costs--Even when small agencies can afford the"hard"
costs associated with a website, it is the "soft"personnel costs required to maintain
the i nformation on the website that are expensive. Some agencies do not have a
single full time staff member, making it impossible to both comply with mounting
State mandates and do what the residents created the district to do In the first place.
a Know Your Audience–When you design a website, the very first thing you do is
choose your audience. The needs and wants of local residents vary significantly from
the needs and wants of the State, or various other entities. These needs also vary
based on the types of service (water, power, parks and recreation, etc.) residents
receive from an agency. Local agencies should have the flexibility to design their
sites to fit the needs of their residents. With web-design, less Is often more and
cleaner sites result in more use.
o In looking at the State mandated enterprise catalog (mandated by SB 272 of
2015) on one district's website over the last two months (from April 2017 to June
2017) the district had 16 unique page views on that link, compared to the
Callf omia Special Districts Association
Page 5 of 7
285,133 unique page views to their homepage over that exact time-
period. Thousands of public agencies have dedicated legal staff, IT, and other
senior level staff to composer update, and maintain their mandated enterprise
catalogs. And, at least for this district, the link has received less than g.01% of
their page views.
We want to highlight that there are already four requirements in law for any local agency
with a website, and many small special districts are struggling to comply with the existing
four requirements. These requirements include:
0 Meetina 6gendas—Must be posted 72 hours prior to a meeting occurring (beginning
in 2019, a direct link to an agency's agenda must be posted on the homepage, in an
open data format).
0 Annual Com„ensation,Reports—The annual report, or a link to the State Controller's
website that contains the report, must be posted on agency websites.
• Financial Transaction Re arts—The annual report, or a link to the State controller's
website that contains the report, must be posted on agency websites.
15 Enterprise System Cat alo s—Must be posted on every public agency website (SB
272)
A fifth potential statutory requirement for websites is contained in SB 80(Wieckowski),
currently moving through the Legislature. It would require local agencies to post certain
CEGA notices on their website.
Within the Commission's list of potential recommendations was a list of 14 potential website
mandates. We would be happy to-speak to each of these individual mandates in detail.
However, in general, we strongly encourage the Commission to refrain from this level of
prescription. Instead, the Commission may wish to recommend SDLF and/or other such
organizations promote website transparency through programs such as the District
Transparency Certificate of Excellence,
Similar to the Potential Recommendation 1 under Governance, which encourages the
Legislature to avoid overriding LAFCO, we additionally ask the Commission to consider
encouraging the Legislature to avoid mandating the content of local agency websites.
4. CSDA development of best practices for public outreach and public service on local
boards; and, election results and voter participation data
We support and will continue our commitment to public outreach as an a$sociation,We will
also continue to support the Institute for Local Government's (ILG) efforts to establish and
promote best practices for public engagement.We would support and welcome an
opportunity to work with the Secretary of State, County Registrars of Voters, League of
California Cities, CSAC, the California School Boards Association, and ILG to promote
public service on local boards.
Election results and voter participation data is an over-arching national, state, and all-dotal
agency issue that we would be interested in collaborating on. However, it would likely be
better addressed by the Commission's current review on Voter Participation.
California►Special Districts Association
Page 6 of 7
5. state controller disaggregation of online data
For the past two years, we have worked with the State Controller to better clarify the types
of entities providing data for the By the Numbers and Public Pay websites. A small, but
important, change was already made to the By the Numbers website to list out the entities
included in the special districts category, which contains a number of different types of
entities in addition to independent special districts. We plan to continue our support of
these efforts.
6. state controller definition of financial reserves consistency with GASB and GAAP
In order to assist with the public's cognizance of the information reported to the State
Controller, we recommend the use of financial reserve definitions that are consistent with
the Governmental Accounting Standards Board (GASB) accounting standards and
practices used by local governments, including Generally Accepted Accounting Principles
(GAAP). This issue was also raised this year as part of the State controller's Financial
Transaction Report Working Group.
7. Streamlining and consolidation of public agency reporting requirements
Streamlined reporting requirements benefit the public and public agencies. As such, this
recommendation should apply to all potential State mandates, including website
requirements.
One area that deserves particular attention at this time is the Foster of Public Agencies
maintained by the Secretary of State under Government code Section 53051.We would
support a recommendation for the Secretary of State, State Controller, county Clerks,
CALAFCO, CSDA, CSAC, and League of California Cities to collaborate on opportunities
for updating and improving the process for filing, recording, and presenting Rosters of
Public Agencies.
ALTERNA TME SUGGESTIONS
The Commission welcomed discussion on alternative suggestions within the attached document,
and during the June 22 roundtable, it was suggested the Commission make the following
recommendation, which CSDA would support.
1. K-12 local government civic education curriculum
At the Commission's recent hearing on voter participation, the representative from the
Secretary of State's office mentioned the need for additional civic education within the K-12
system. CSDA supports this concept and thinks it is particularly applicable to special
districts and all local government.
There is currently little-to-no K-12 education on the local governments that provide
California's families with essential local services and infrastructure. K-12 curriculum on
government focuses almost exclusively on federal and international issues, yet local and
state government makes a far greater impact on families' daily lives. If we want people to
understand and engage in their government, our school system should provide formal and
meaningful education on who their government is and how it works.
California Special Districts Association
Page 7 of 7
We would be happy to provide additional information or answer any follow-up questions the
Commission may have. Please do not hesitate to contact us.
Respectfully,
ro00014 0Z>;,<
Nell McCormick K Packham
Chief Executive officer dvocacy and Public Affairs Director
AIM L
entralSanitary
Protecting public health and the environment 5019 In7hoff Place,, Martinez, CA 94553-4392
PHONE: (925)228-9500
July 19, 2017 FAX.- (925)676-7211
www.centralsan.org
R(KIER S BAILEY
General Manager
The Honorable Pedro Nava, Chair
KENTON L.ALM
Little Hoover Commission counselforthe Di.stricr
925 L Street, Suite 805 (5 10)808-2000
Sacramento, CA 95814 E'1 AIN1Y R B0LHAIE
.Secretary of the Di Strict
Sent Via Email to littlehoovera@lhc.ca.gov
SUBJECT: RESPONSE TO LITTLE HOOVER COMMISSION POTENTIAL
RECOMMENDATIONS FOR REPORT ON SPECIAL DISTRICTS
Dear Chairman Nava:
Central Contra Costa Sanitary District (Central San) appreciates the Little Hoover
Commission's (Commission) efforts to host multiple public hearings and request comments
on the potential recommendations for a future report on Special Districts. Central San has
previously participated in the August 25, 2016 hearing and provided written testimony in
response to the same hearing. We appreciate the thoughtful due diligence by both the
Commission and staff as they prepare their final report.
About Central San
Central San, established in 1946, provides wastewater Collection and treatment services to
nearly 500,000 residents and more than 3,000 businesses in the East San Francisco Bay
Area. Within its 144-square mile service area, Central San operates a 54-million gallon--per-
day Capacity treatment plant, 19 pumping stations, and over 1,500 miles of sewer lines, a
Household Hazardous Waste Collection Facility, 13 pharmaceutical collection bins, and
commercial and residential recycled water fill stations.
Response to the Commission's Potential Recommendations - Transparency
Most of the Commission's recommendations on transparency include work either supported
by or already being accomplished at Central San, and therefore have little to no impact on
our current operations or governance. Since the inception of the California Special Districts
Association's - District Transparency Certificate of Excellence in 2013, Central San has
been a recipient. We conduct our business in the highest levels of transparency with the
public, our service area cities, stakeholders and individual Customers. Central San is
considered a medium--sized agency, budgeted and staffed accordingly. As special districts
vary in size, we believe special care should be taken to avoid costly initiatives that may be
in the spirit of transparency, but may be costly individually or in totality for a smaller district
to comply with and its ratepayers to fund. overall, transparency is key to building trust
between customers and the government agencies that serve them, and the Commission's
potential recommendations seem to provide a standard that benefits all.
Recycled Paper
RESPONSE TO LITTLE HOOVER COMMISSION POTENTIAL
RECOMMENDATIONS FOR REPORT ON SPECIAL DISTRICTS
July 19, 2017
Page 2
Response to the Commission's Potential Recommendations— Climate Change Adap!ation
The Commission's third bullet point (pg. 3) related to climate Change Adaptation
recommends a statewide program in which real estate transactions trigger an inspection of
sewer fines and require repairs if broken. Across the state, sewer agencies have
experienced failing sewer laterals based on age, soil type, and other factors. In addition,
private sewer laterals can greatly contribute to overflows for sewer agencies. Failing laterals
also contribute an added cost to the ratepayer. When laterals fail, water infiltrates into in the
pipes increasing flow. This increased flow is conveyed to a treatment plant and ultimately
treated. The added flow requires additional costs to treat that are then passed on to
ratepayers.
Central San recognizes that failing laterals are a problem. A one-size-fits-all state mandated
program to address it does cause concerns. Most agencies are, or are in the process of,
addressing this at a local level, factoring in the unique reasons for lateral failure in their
area. A statewide program should include an exemption for sewer agencies that are already
addressing lateral failure. Central San believes that while a long-range solution is
necessary, it should include a local control element.
Additional climate adaptation recommendations by the Commission are already being
examined and prepared for by Central San and other agencies. Climate change impacts
vary by location, proximity to oceans and many other factors. Again, the Commission should
exercise caution when recommending broad statewide policy changes that do not provide
for local control and local input.
Central San appreciates the opportunity to comment on matters of such importance. If
further clarification is needed, Central San welcomes the opportunity to provide the
Commission with additional information.
Sincerely,
Roger S. Bailey
General Manager