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HomeMy WebLinkAbout06. Update on Legislative Matters Page 1 of 19 Item 6. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: APRIL 18, 2019 SUBJECT: RECEIVE UPDATE ON PENDING LEGISLATIVE MATTERSAND PROVIDE DIRECTION ON PRIORITY LEGISLATION SUBMITTED BY: INITIATING DEPARTMENT: EMILY BARNETT, COMMUNICATIONS AND ADMINISTRATION-COMM SVCS AND INTERGOVERNMENTAL RELATIONS INTERGOV REL MANAGER REVIEWED BY: PHILIP R. LEIBER, DIRECTOR OF FINANCE AND ADMINISTRATION ANN SASAKI, DEPUTY GENERAL MANAGER Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE In accordance with Board Policy No. BP 026 — Legislative Advocacy, the Board may provide direction to staff on positions related to priority legislation. BACKGROUND Under BP 026 — Legislative Advocacy, when legislation has direct impact on Central San or special significance to the Board, the General Manager will present information to the Board on priority legislation. The Board may then provide direction as to Central San's position on the legislation. Staff has reviewed pending legislation and worked with member associations to identify possible direct impacts on Central San. The process to create and pass legislation is constantly in flux; the priority legislation presented in this Position Paper represents the most confident analysis and due diligence April 18, 2019 Regular Board Meeting Agenda Packet- Page 62 of 91 Page 2 of 19 research at this time.As new information becomes available, it will be presented at future Board meetings. Attached is an updated Priority Legislative Tracking Sheet and other attachments of interest. At this meeting, staff is recommending that the Board take action or provide direction on the priority legislation listed on the Priority Legislative Tracking Sheet based on staff recommendations listed in the Board Legislative Summary Table. ALTERNATIVES/CONSIDERATIONS The Board may choose from the following positions on each piece of legislation: • Support • Support if Amended • Neutral • Oppose Unless Amended • Oppose FINANCIAL IMPACTS None. COMMITTEE RECOMMENDATION This matter was not reviewed by a Board Committee. RECOMMENDED BOARD ACTION If applicable, take one of the following actions on Priority Legislative Tracking Sheet or another legislative matter: 1. Adopt staff recommended position(s)on the priority legislation; or 2. Adopt a different position on one or more pieces of the priority legislation; or 3. Take no action Strategic Plan Tie-In GOAL ONE: Provide Exceptional Customer Service Strategy 1 - Build external customer relationships and awareness ATTACHMENTS: 1. 2019 Legislative Priority Tracking Sheet 2.AB 1672 Assembly Environmental Safety& Toxic Materials Committee analysis 3.AB 1486 - Central San Opposition Letter April 18, 2019 Regular Board Meeting Agenda Packet- Page 63 of 91 Central San 2019 PriefitVoLlegislative Tracking Sheet as of 4/8/19 Industry Position Date of- Board Author Legislation Also Known As Summary Or anization s PriorityRecommended b Board Notes State List/Position Staff Direction Decision 1 State Ting AB 68 Land Use: This bill reintroduces language from 2018 Oppose Unless Watch 03/07/19 Watch 3/27/19 Amended and referred to Committee on D-San Francisco Accessory AB 2890 (Ting) regarding accessory dwelling Amended: ACWA, Housing and Community Development. Dwelling Units units with prohibitions on local ordinances CSDA, CMUA, CASA from imposing some limitations on size and location. This bill maintains a wastewater utility's ability to collect a proportional connection fee, but prohibits capacity and connection fees on ADUs or junior ADUs that are "substantially" within the existing space of a single-family dwelling or accessory structure, including reconstruction of an existing space with substantially the same physical dimensions as the existing accessory structure. 2 State Ting AB 69 Land Use: This bill introduces language related to Watch: ACWA Watch 03/07/19 Watch 4/4/19 Referred to Appropriations Committee. D-San Francisco Accessory oversight by the state on local ordinances on 3/27/19 Amended and referred to Committee on Dwelling Units size and location that would impact Housing and Community Development. construction of accessory dwelling units. This bill does not address utility connection fees at this time. 3 State Wiekowski SB 13 Accessory This bill is a spot bill regarding accessory CSDA: Oppose Watch 03/07/19 Watch 4/10/19 Hearing set in Local Gov't Committee. D-Fremont Dwelling Units dwelling units. In 2018 this author did 4/1/19 Need clarification from author on whether introduce language that would eliminate the "impact fees" are inclusive of"connection fees". utility connection fee for new construction of 3/26/19 Set for hearing in April 2, Committee on an accessory dwelling unit. Housing and Community Development 4 State Friedman AB 1180 Water: recycled This bill requires Title 22 for non-potable Sponsored by Support 03/07/19 Support 4/1/19 Sent back to Appropriations Committee. D-Glendale water uses to be updated by the Water Board by WateReuse California, 3/27/19 Passed out to Appropriations Committee. 2023. It also requires that a change over Support: CASA, CSDA Support letter sent to Assembly Environmental device (such as swivel ell) be incorporated Safety and Toxic Materials on 3/19/19. into the Title 17 update currently underway. A draft for the Title 17 changes will be released in late summer 2019. WRCA (a member of the Title 17 handbook committee) has requested that a change over device or swivel ell be included as part of this update. April 18, 2019 Regular Board Meeting Agenda Packet- Page 64 of 91 Central San 2019 PriaritVoLlegislative Tracking Sheet as of 4/8/19 Industry Position Date of- Board Author Legislation Also Known As Summary Or anization s PriorityRecommended b Board Not State List/Position Staff Direction Decision 5 State Bloom AB 1672 Nonwoven This bill shall not allow an entity to label a Sponsored by CASA Support 03/07/19 Support 4/8/19 Testified Central San's support at D-Santa Monica disposable covered product as safe to flush, safe for Assembly Environmental Safety and Toxic products sewer systems, or safe for septic systems, Materials Committee. 4/3/19 Letter of support unless the product is a flushable wipe. The sent. 3/28/19 Bill will be heard in the Asm. entity must certify if their product is flushable Environmental Safety and Toxics Materials under compliance with the performance Committee on April 9th, and again in the standards. Noncompliant products will be Assembly Judiciary Committee on April 23rd. In issued a notice of violation by the enforcing print on 3/18/19. Will likely be triple referred to agency, providing 30 days for the products committees. to be recalled and may be penalized for every day thereafter. 6 State Hertzberg D SB 332 Ocean Discharge This bill proposes a 50% reduction in ocean Opposed: CASA, CSDA, Oppose 03/07/19 Oppose 4/23/19 Hearing set for Senate Judiciary Van Nuys & Wiener discharges by 2030, and a 95% reduction in ACWA. Oppose Unless Unless Committee. 4/8/19 Staff is currently assessing D-San Francisco ocean discharges by 2040. Amended: WateReus. Amended costs to Central San as per Board Member Support: Clean Water Pilecki's request. 4/8/19 Hearing video sent to Action, Heal the Bay, Board. 4/5/19 CASA requests no side meetings or Sierra Club, Friends of deals with author. Coalition formed with the River, City of Los WateReuse, ACWA, and others. 4/3/19 At Angeles hearing - CASA testified. Many concerns from the committee, but passed to Judiciary Committee. Coalition formed to oppose bill. CASA developing opposition letter, and will issue Call-to-Action within two weeks. Main issues with the bill: unfunded mandate, does not take into consideration wet weather flows and storage constraints, current permit restrictions on discharges to streams, etc, potential State growth that could increase discharge flows. April 18, 2019 Regular Board Meeting Agenda Packet- Page 65 of 91 Central San 2019 PriefitVoLlegislative Tracking Sheet as of 4/8/19 Industry Position Date of- Board Author Legislation Also Known As Summary Or anization s PriorityRecommended b Board Notes State List/Position Staff Direction Decision 7 State Cooley AB 510 Local Existing law authorizes the head of a Sponsored by CSDA Support 03/07/19 Support 4/1/19 This bill is dead. Consumers Attorneys D-Rancho Cordova Government department of a county or city, or the head of asked author to pull the bill. Author complied. Records: a special district to destroy recordings of Letter of support sent 3/19/19. destruction of routine video monitoring maintained by that records county, city, or special district after one year if that person receives approval from the legislative body and the written consent of the agency attorney and to destroy recordings of telephone and radio communications maintained by that county, city, or special district after 100 days if that person receives approval from the legislative body and the written consent of the agency attorney. This bill would exempt the head of a department of a county or city, or the head of a special district from these recording retention requirements if the county, city, or special district adopts a records retention policy governing recordings of routine video monitoring and recordings of telephone and radio communications. 8 State Rubio AB 405 Sales and use Would exempt from Sales and Use Tax the CASA: Support, CSDA: Support 03/07/19 Watch In Revenue and Tax committee. Fact sheet D-Baldwin Park taxes: exemption: gross receipts from the sale in this state of, Watch provided to Board on 3/21. water treatment and the storage, use, or other consumption in this state of, chemicals used to treat water, recycled water, or wastewater regardless of whether those chemicals or other agents become a component part thereof and regardless of whether the treatment takes place before or after the delivery to consumers. April 18, 2019 Regular Board Meeting Agenda Packet- Page 66 of 91 Central San 2019 Priarity llegislative Tracking Sheet as of 4/8/19 Industry Position Date of- Board Author Legislation Also Known As Summary Or anization s PriorityRecommended b Board Notes State List/Position Staff Direction Decision 9 State Wiener SB 69 Ocean Resiliency This bill prescribes nutrient removal by Sponsored by Coast Oppose 03/21/19 Opposes4/9/19 Hearing set in Senate Natural Resources D-San Francisco Act of 2019 denitrification without scientific basis and Keepers, and Water Committee. 4/1/19 Author provided without regard to ongoing collaborative Oppose: CASA Unless amendments which did not address any of the nutrients research efforts currently underway Amend to remove impacts to the wastewater industry. Set for April 9 in the Bay Area. It also disregards the denitrification section hearing in Senate Natural Resources and Water. current regulation of nutrients by the SF Bay and address marine Regional Water Board through the Nutrients managed area section Watershed Permit (approved by EPA). This is an unfunded mandate that could cost up to $12.41B in costs to Bay Area dischargers. This bill does apply to both ocean and bay dischargers. 10 State Allen D SB 54 (paired California Circular SB 54/AB 1080 establish a comprehensive Support: California Support 03/21/19 Support 3/25/19 Read second time in Appropriations Santa Monica bill is AB 1080) Economy and framework to address the pollution and Product Stewardship Committee. Attached fact sheet for March 21 st Skinner Plastic Pollution waste crisis. Specifically, single-use plastic Council Board meeting.. D-Berkeley Reduction Act packaging and products sold or distributed in Stern D California by must be reduced, recycled or Canoga Park composted by 75 percent by 2030. All single Wiener D use packaging and products must be San Francisco recyclable or compostable on and after 2030. As part of a shift towards a more circular economy, the bills also instructs CalRecycle to develop incentives and policies to encourage in-state manufacturing using recycled material generated in California. CalRecycle will be given authority to adopt regulations to meet these goals, including developing criteria to determine which packaging material qualifies as recyclable or compostable. 11 State Ting AB 1486 Local agencies: This bill would require a special district that Oppose: CASA, Oppose Oppose 03/21/19 Oppose /10/19 Hearing date set in Asm Local Gov't D-San Francisco surplus land would sale, lease, transfer, or other Unless Amend: CSDA ;ommittec. 4/1/19 Referred again to Committee conveyance their real property to first send on Local Government. 3/14/19 Referred to Asm written notice of availability for possible Local Government Committee. Similar to a bill last affordable housing. year bill which the Board opposed. 12 Federal Congressmember H.R. 1764 Permit term This bill would amend the Federal Water Support: CASA Support 03/21/19 Support 3/28/19 Interagency Letter of Support led by Garamendi D extension Pollution Control Act to extend National Central San sent to DeSaulnier's office with cc to California 3rd District Pollutant Discharge Elimination System CASA. Attached letter for 4/4/19 Board meeting. Permit (NPDES) for up to 10 years. April 18, 2019 Regular Board Meeting Agenda Packet- Page 67 of 91 Central San 2019 PriaritVoLlegislative Tracking Sheet as of 1/8/19 Industry Position Date of Federal/ Board Author Legislation Also Known As Summary Organization(s) Priorit Recommended b Board Not State List/Position Staff Direction Decision 13 State Stone AB 749 Settlement Prohibits a settlement agreement in an Oppose: CSDA Oppose 04/04/19 Oppos4/9/19 Hearing set in Assembly Judiciary D-Monterey Bay agreements: employment dispute from containing a Committee. 4/1/19 HR and Legal reviewed and restraints in trade provision prohibiting, preventing, or requested this be placed as priority legislation, otherwise restricting a settling party that is position: Oppose. an aggrieved person from working for the employer against which the aggrieved person has filed a claim. The result will be that all serious discipline matters and terminations will have to be tried to a verdict, increasing attorney's fees. April 18, 2019 Regular Board Meeting Agenda Packet- Page 68 of 91 Page 8 of 19 AB 1672 Page 1 Attachment 2 Date of Hearing: April 9, 2019 ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS Bill Quirk, Chair AB 1672 (Bloom)—As Amended March 28, 2019 SUBJECT: Solid waste: flushable products SUMMARY: Establishes criteria for"flushability" for nonwoven disposable products and requires non-flushable labels on nonwoven disposable products that do not meet those flushable criteria. Specifically, this bill: 1) States the intent of the Legislature to provide clear direction to manufacturers by setting performance requirements for nonwoven disposable products that are marketed for disposal to the sanitary sewer system. 2) Defines "covered entity" as the manufacturer of a covered product that is sold in this state or brought into the state for sale. Excludes a wholesaler, supplier, or retailer that is not responsible for the labeling or packaging of a covered product. 3) Defines a "covered product" as a nonwoven disposable product that is sold in this state or brought into the state for sale, and that is constructed from nonwoven sheets, including moist toilet tissue or cloth, that is designed, marketed, or commonly used for personal hygiene or cleaning purposes, including, but not limited to, diaper wipes, toilet wipes, household cleaning wipes, personal care wipes, and facial wipes. 4) Defines "enforcing agency" as the California Environmental Protection Agency(CalEPA). 5) Defines "flushable wipe" as a nonwoven disposable product that meets the performance standards set forth in the performance standards. 6) Defines "labeling requirements" as the labeling standards contained in the Code of Practice of the Association of the Nonwoven Fabrics Industry and the European Disposables and Nonwovens Association, titled Communicating Appropriate Disposal Pathways for Nonwoven Wipes to Protect Wastewater Systems, second edition, as published in April 2017. 7) Defines "nonflushable wipe" as a nonwoven disposable product that does not meet the performance standards set forth in the performance standards. 8) Defines "performance standards" as the International Water Services Flushability Group testing methods and criteria for flushability, as published in June 2018, as set forth in publicly available specification(PAS) documents 1, 2, and 3, and as summarized in chapters 6 and 7 of PAS document 1. 9) Prohibits, on and after January 1, 2020, a covered entity from labeling a covered product as safe to flush, safe for sewer systems, or safe for septic systems, unless the product is a flushable wipe. April 18, 2019 Regular Board Meeting Agenda Packet- Page 69 of 91 Page 9 of 19 Page 2 1 Attachment 2 AB 1672 10)Prohibits,unless a product is a flushable wipe, a covered entity from making, in any manner, any of the following representations regarding a covered product: a) The product can be flushed; b) The product is safe for sewer systems; c) The product is safe for septic systems; d) The product breaks apart shortly after flushing; e) The product will not clog household plumbing systems; f) The product will not clog household septic systems; g) The product is safe for plumbing; h) The product is safe to flush; or, i) The product will dissolve or disperse in interaction with water. 11)Provides that representations include, among other things,product names, labels, endorsements, depictions, illustrations, trademarks, and trade names. 12)Requires, on and after January 1, 2020, a covered product that does not meet the performance standards to be labeled clearly and conspicuously in adherence with the labeling requirements to communicate that it should not be flushed. Requires the label to be in a high contrast font and color respective to the surrounding wording and space on the packaging and in a location that is visible when individual wipes are dispensed from the product packaging. 13)Requires, for products sold in bulk at retail, both the package purchased in the store and the individual packages contained within, to comply with the labeling requirements. 14)Prohibits a covered entity, directly or through any corporation,partnership, subsidiary, division, trade name, or association in connection to the manufacturing, labeling,packaging, advertising,promotion, offering for sale, sale, or distribution of a covered product, from making any representation, in any manner, expressly or by implication, including through the use of a product name, endorsement, depiction, illustration, trademark, or trade name, about the flushable attributes, benefits,performance, or efficacy of a nonflushable wipe. 15)Requires, on and after January 1, 2020, a covered entity to test and maintain self-certification records that verify that its covered products meet the performance standards and comply with the labeling requirements. 16)Requires the records demonstrating a flushable wipe's compliance with the performance standards to be made available by the covered entity upon request of the enforcing agency, free of charge,within 30 days of the request. April 18, 2019 Regular Board Meeting Agenda Packet- Page 70 of 91 Page 10 of 19 AB 1672 Page 3 Attachment 2 17)Requires verification of a nonflushable wipe's compliance with the labeling requirements to be made available by the covered entity upon request of the enforcing agency, free of charge, within 30 days of the request. 18)Requires a covered entity that does not properly label flushable wipes or nonflushable wipes that will be sold in California, or are reasonably expected to be sold in California, to be issued a notice of violation by the enforcing agency,providing 30 days for the noncompliant products to be recalled. Provides that the covered entity may be subject to an administrative penalty every day thereafter that those products remain available for purchase at retail or otherwise are distributed in the state. 19)Requires the enforcing agency, in issuing an administrative penalty, to take into consideration the nature, circumstances, extent, and gravity of the violation, the violator's past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or safety or the environment, the violator's ability to pay the proposed penalty, and the effect that the proposed penalty would have on the violator and the community as a whole. 20)Restricts the penalty imposed under this subdivision from exceeding five hundred dollars ($500)per day. 21)Requires penalties collected to be deposited into the Flushable Wipes Fund, which is hereby created. Requires moneys in the fund to be subject to appropriation by the Legislature for purposes of enforcing this part. 22)Provides that a covered entity that violates or threatens to violate this part may be enjoined by the Attorney General in any court of competent jurisdiction, and civil penalties may be assessed and recovered in a civil action brought in any court of competent jurisdiction in an amount not to exceed two thousand five hundred dollars ($2,500) for each violation. 23)Requires moneys collected by the Attorney General to be deposited into the Unfair Competition Law Fund. 24)Provides that to the extent that there is an inconsistency between this bill and a local standard or an updated performance standard that imposes greater restrictions, the greater restrictions shall prevail. 25)Provides that the provisions of this part are severable. Provides that if any provision of this part or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. EXISTING LAW: Under federal guidelines: 1) Defines biodegradability and requires environmental marketing claims and claims of degradability,biodegradability, and photodegradability be qualified to the extent necessary to avoid consumer deception about the product or package's ability to degrade in the environment where it is customarily disposed and the rate and extent of degradation. (Federal Trade Commission(FTC), Green Guide Part 260 § 260.8) April 18, 2019 Regular Board Meeting Agenda Packet- Page 71 of 91 Page 11 of 19 AB 1672 Page 4 Attachment 2 2) Regulates the labeling requirements on various consumer products and requires any person who represents in advertising or on the label or container of a consumer good that the product is not harmful to, or is beneficial to, the natural environment, through the use of terms such as "environmental choice," "ecologically friendly," "earth friendly," "environmentally friendly," "ecologically sound," "environmentally sound," "environmentally safe," "ecologically safe," "environmentally lite," "green product," or any other like term, to maintain in written form in its records specified information and documentation supporting the validity of the representation. (FTC, Green Guide Part 260 § 260.4) Under state law: 1) States that it is the public policy of the state that environmental marketing claims, whether explicit or implied, should be substantiated by competent and reliable evidence to prevent deceiving or misleading consumers about the environmental impact of plastic products. Provides that for consumers to have accurate and useful information about the environmental impact of plastic products, environmental marketing claims should adhere to uniform and recognized standards, including those standard specifications established by the American Society for Testing and Materials. (Public Resources Code § 42355.5) 2) Provides that it is unlawful for a person to make any untruthful, deceptive, or misleading environmental marketing claim, whether explicit or implied. (Business and Professions Code (BCP) § 17580.5 (a)) FISCAL EFFECT: Unknown. COMMENTS: Need for the bill: According to the author, "When wet wipes products are flushed into the sewer system they can cause significant issues for private property owners, sewer collection systems, and wastewater treatment plants. Wet products that do not break down can catch on tree roots or other obstructions in residential sewer laterals and cause costly and dangerous backups for property owners. Wet wipes have been shown to cause significant damage to residential septic systems, resulting in expensive repairs and remediation for homeowners. AB 1672 presents a straightforward solution to helping combat the aforementioned problems caused by improperly flushing wet wipes. The bill prescribes clear and consistent consumer messaging for these products that indicates to consumers that either a wipe is 'flushable,' or it is not. Under the provisions of AB 1672, wipes can be labeled as 'flushable' if they do not cause harm to the sewer system, meaning that manufacturers can demonstrate that their wipes break down in the sewer system like dry toilet paper. For all other wipes that are not intended to be flushed, they must be conspicuously marked with'Do Not Flush' labeling." What does it mean to be 'flushable"? Generally, toilet paper is universally considered flushable due to the nature of its use as well as the design of the product to disperse upon being flushed. However, there currently is no federal or state definition of what constitutes a "flushable" consumer product. As a result, companies have used their own definitions and methods to determine the flushability of their products. For consumers and wastewater agencies, this means there has been no single April 18, 2019 Regular Board Meeting Agenda Packet- Page 72 of 91 Page 12 of 19 AB 1672 Pages Attachment 2 reference from which to assess the flushability of a product other than the marketing claim on a package. Flushable products: This lack of standardization, or regulation, has led to consumer confusion and lack of clarity in the market place as to the appropriateness of disposing certain products via plumbing systems. In the 1980s, wipes advertised as "flushable" first appeared on the market. Since then, two types of flushable wipes have been designed and introduced: dispersible and low-strength wipes. Low- strength has been one approach to making nonwovens with permanent bonds flushable. These wipes collapse in a toilet, presenting a very small profile and the flexibility to travel through pipes unencumbered. However, their low wet strength makes them poor performers in most cleaning jobs. The second type of flushable wipe is dispersible. These products perform like a standard wipe as far as strength and softness, but in a toilet disperse into individual fibers or small groups of fibers. More and more, an increasingly diverse range of disposable products has become available for consumer use. The growth of the market for such products is evidence of their popularity with the public, but their increased use brings with it discussion about their disposal, especially the topic of flushability. For disposable products that address public health and hygiene considerations, consumers often mistakenly use the wastewater system as a preferred means of disposal. These products include disinfectant wipes and baby wipes (which are often confused with "flushable" wipes), feminine hygiene products, diapers, diaper liners, dog poop bags, wash cloths, condoms, and more. While consumer behavior cannot be legislated, legislation can steer manufacturing and labeling in a direction that better informs consumers how to behave. In the case of this bill, the intent is to better inform wipes intended for flushing and provide clarification to consumers on wipes not suitable for flushing. Problems with nonflushable products: Products that are poorly designed or not at all intended to be flushed down the toilet can cause sewer blockages, which damage sewer lines and can lead to costly sanitary sewer overflows. Damage and overflows present dangers to public health and the environment. A buildup of nonflushable products has been shown to cause clogs in sewage pumps, lead to entanglements in sewage treatment equipment, lead to sewer backups in residences, and increase the risk of a sanitary sewer overflow during a storm. Wipes weave together and form large "rags" that can become massive obstructions in sewer lines when they combine with other improperly flushed items and fats, oils, and greases. These obstructions are commonly referred to as "fatburgs," and in addition to being a disgusting environmental problem, local agencies spend significant time and resources to remediate them. In the worst cases, fatburgs attributed to wipes contribute to sanitary sewer overflows, which are a threat to public health and the environment, and result in fines and penalties to public agencies. The increased maintenance needed to prevent problems from nonflushable products is very costly to public wastewater agencies. Many of the sanitation agencies are finding wipes are the main culprit of the problem. In some cities, such as Petaluma, costly screening facilities have failed to stop these indispersible products from finding their way through the wastewater system. April 18, 2019 Regular Board Meeting Agenda Packet- Page 73 of 91 Page 13 of 19 Page 6 Attachment 2 AB 1672 In 2011, the Orange County Sanitation District(OCSD) conducted nearly 1,000 preventative or corrective de-ragging maintenance calls on 10 of their 15 regional pump stations. Total labor cost was more than $300,000. OCSD continues to spend labor hours to avoid clogging that could lead to a sewer spill. Their crews routinely remove non-dispersables from their three hardest hit stations every Monday and Thursday. On August 13, 2012, the equivalent of 40 large trash bags on non-dispersable materials overburdened their new headworks and completely plugged three new washer compactors. It took six to eight hours and up to 10 plant employees to restore normal operations. The OCSD notes that operations and maintenance costs are going up. Spending more public agency money to reengineer the problem away by installing new machinery is not a sustainable solution. The City of Camarillo's Waste Water Treatment Plant has invested approximately$500,000 to upgrade its waste water treatment plant pump systems to manage the volume of wipes passing through the system on a daily basis. California Sanitary Sewer Overflow database: The State Water Resources Control Board(State Water Board) considers a sanitary sewer overflow (SSO) as any overflow, spill, release, discharge, or diversion of untreated or partially treated wastewater from a sanitary sewer system. SSOs often contain high levels of suspended solids, pathogenic organisms, toxic pollutants, nutrients, oil, and grease. SSOs pollute surface and ground waters, threaten public health, adversely affect aquatic life, and impair the recreational use and aesthetic enjoyment of surface waters. According to the State Water Board's data on SSOs, 70% - 75% of the known causes and trends related to the causes of SSOs across the state tend to be tree roots, grease, fats, oils, and general debris. Even if wipes constitute less than 25% of the cause of SSOs, they still remain a disruption and a growing cost to local sanitation agencies to manage. Plumbing standards: Minimum standards exist for the construction of building drainage pipe systems; these include allowable pipe diameters and slopes, venting requirements, and piping materials. Increasingly, smaller diameter pipes are being installed in new buildings. The passage of solid materials through these systems is dependent on the water being able to move the product. In 1995, the National Energy Policy Act(House Resolution 776) mandated that all new toilets must flush with no more than 1.6 gallons of water. If a flushable product can pass through a low-consumption toilet after one flush, there is a strong likelihood that product could pass through a stronger toilet system. Establishing a workable flushable standard for flushable wipes: While there is not yet a regulatory standard for what is allowable to be flushed, there are both industry and water association standards that have used rigorous testing and engineering assessments to define "flushability." INDA Guidance Document: After years of work, involving some 40 companies, in 2008, INDA and EDANA,the trade associations for non-woven fabrics supplied to the market across North America, Europe, the Middle East, and Africa,published the first edition of its Guidance Document, which contains guidelines to provide companies with a comprehensive framework for testing products to determine their flushability. The Guidance Document contains flow charts of key questions that need to be answered for each route a product could follow post-flushing. The questions are answered through a series of tests. April 18, 2019 Regular Board Meeting Agenda Packet- Page 74 of 91 Page 14 of 19 AB 1672 Page Attachment 2 Acceptance criteria for each test and for each question either demonstrate compatibility with the disposal system or determine whether further testing would be required before flushability could be clearly established. The framework in the Guidance Document was based heavily on recommendations in the report by the Water Environment Research Foundation(WERF) called "Protocols to Assess the Breakdown of Flushable Consumer Products." The end-result underwent trials accompanied by a rigorous peer review by U.S. and European experts in wastewater conveyance and treatment, engineers, and those from academia who study the issue. The INDA guidelines have continued to evolve. As a result, the INDA guidelines have gone through multiple reviews and iterations and have evolved to one that requires all wipes to pass seven different tests in order to be marketed as flushable. The seven tests include: a slosh box disintegration test; household pump test; settling test; aerobic biodisintegration test; anaerobic biodisintegration test; and, a municipal sewage pump test. The current version of INDA/EDANA's Guidance Document 4 (GD4)was released in May of 2018. INDA's guidance,per GD4, requires a test system containing 2 liters of water in an oscillating slosh box in which a single nonwoven wipe is run for 60 minutes. Subsequently, the contents of the box are transferred to and then rinsed through a 12.5mm perforated place sieve. The portions of the wipe retained on the sieve are recovered, dried, and analyzed. To pass the test as "flushable," the percent of the starting dry mass passing through the 12.5mm perforated plate sieve after 60 minutes must be greater than 60% for at least 80% of the individual replicates tested. International Water Services Flushability Group (IWSFG): The IWSFG is an international group of water service providers, and the associations and organizations representing them, that developed criteria for items that can be flushed down the toilet worldwide. Members include the National Association of Water Agencies, California Association of Sanitation Agencies, Sanitation Districts of Los Angeles County, as well as the Japan Sewage Works Association, European Water Association, Israeli Water Association, and water associations from Belgium, France, Spain, the Czech Republic, Estonia, Canada, and many more. The IWSFG's founding principles state that to prevent problems with sewers, pipe, and toilet blockages plus the human and environmental cost of sewer flooding and pollution, the organizations signing this statement below agree that "only the 3Ps—Pee, Poo, and toilet Paper— should be flushed." They also state that new innovations in materials might make it possible for certain products to be flushed, if they pass a technical standard which has been developed and agreed by the water and wastewater industry. The founding principles state that, "Key requirements for any standard include that the product: a)breaks into small pieces quickly; b) must not be buoyant; and, c) does not contain plastic or regenerated cellulose and only contains materials which will readily degrade in a range of natural environments." The IWSFG developed the International Water Industry Statement on Flushability that was released on September 22, 2016, and signed by more than 250 water organizations. The 2018 IWSFG standards have five performance criteria, of which three utilize INDA standards. An additional criteria is based on Technical Association of the Pulp and Paper Industry April 18, 2019 Regular Board Meeting Agenda Packet- Page 75 of 91 Page 15 of 19 Page 8 AB 1672 Attachment 2 (TAPPI)/American National Standards Institute for testing whether there are plastics in the material, and then there is the fifth criteria, where the IWSFG standard deviates from INDA's: the slosh box test. Under IWSFG's guidance, wipes are placed in a slosh box containing four liters of water, which are then rotated at 18rpm for 30 minutes. The box is then emptied onto a 25mm perforated sieve and the upper surface of the sieve is rinsed at a designated flow. Quantitative analysis of the retained contents on the sieve is assessed to see if the total pass through rate of 95% of the total initial dry mass is met. While the fWSFG test requires 35% more disintegration, its slosh box test provides a sieve with perforations that are two times the size of the sieve called for by IVDA, and the IWSFG allows for twice as much water than the industry's slosh box test parameters. Flushability as determined by this bill: Under the IWSFG slosh box test performance standard, 95% of a wipe must disintegrate. In contrast,prior to 2018, the INDA standards for the slosh box test only required 25% of a wipe to break apart and disperse for it to be deemed "flushable," meaning 75% of the wipe could remain and it still be "flushable." Under the current GD 4 standard, up to 39% of the wipe can remain. The California Association of Sanitation Agencies (CASA), which represents more than one hundred public agencies that engage in the collection, treatment or disposal of wastewater, resource recovery or water recycling, states that the IWSFG standard is more stringent and will result in fewer wipes adding to backups and clogs. AB 1672, sponsored by CASA, would codify the ostensibly more stringent of the two standards - - the IWSFG testing methods and criteria for flushability. Non flushable labeling: There are many kinds of wipes on the market: "flushable" wipes, disinfectant cleaning wipes, makeup remover wipes, personal hygiene wipes, and baby wipes, surely among others. The wipes currently sold as flushable are made of cotton. Many of the wipes on the market not intended by the manufacturer to be flushable (but often are flushed by consumers) are made of cotton and plastic materials to make the wipes more durable (such as cleaning wipes). Both "flushable" wipes and those not intended to be flushed can cause problems for sewer agencies. The flushability criteria in the bill will provide clarification to manufacturers of"flushable" wipes. To try to address some of the consumer confusion, AB 1672 requires any product that does not meet the bill's flushability criteria to be clearly labeled that is it not flushable per INDA's labeling requirements. INDA's Code of Practice includes a "Do Not Flush" symbol for companies to use on product packaging. • Enforcement: The bill designates CalEPA as the enforcing agency to issue violations and administrative penalties to manufacturers not in compliance with the provisions of the bill. April 18, 2019 Regular Board Meeting Agenda Packet- Page 76 of 91 Page 16 of 19 AB 1672 Page 9 Attachment 2 CalEPA is not a regulatory agency, and enforcing manufacturer compliance standards is not that state entity's normal purview. Other state laws that determine manufacturing standards leave enforcement up to the Attorney General and local district attorneys. It may be more appropriate to remove the provisions of the bill from CalEPA and provide enforcement by the Attorney General. Arguments in support: According to the CASA,the sponsor of the bill, "When wet wipes products are flushed into the sewer system they can cause significant issues for private property owners, sewer collection systems, and wastewater treatment plants. Wet wipes products that do not break down can catch on tree roots or other obstructions in residential sewer laterals and cause costly and dangerous backups for property owners. Wet wipes have also been shown to cause significant damage to residential septic systems, resulting in expensive repairs and remediation for homeowners ... AB 1672 presents a straightforward solution to helping combat the problems caused by improperly flushing wet wipes. The bill prescribes clear and consistent consumer messaging for these products that indicates to consumers that either a wipe is 'flushable,' or it is not. Under the provisions of AB 1672,wipes can be labeled as 'flushable' if they do not cause harm to the sewer system, meaning that manufacturers can demonstrate that their wipes break down in the sewer system like dry toilet paper. For all other wipes that are not intended to be flushed, they must be conspicuously marked with 'Do Not Flush' labeling." Arguments in opposition: According to IVDA, "Data from California State Water Resources Control Board Sanitary Sewer Overflow(SSO)Reduction program illustrates that the INDA/EDANA flushability standards are working well as it reflects wipes products are not the cause of overflows and clogs ... AB 1672 (Bloom) seeks to codify the flushability specification created by an informal group of wastewater associations called the International Water Services Flushability Group (IWSFG). Their specification is overreaching in that IWSFG's PAS3 test fails not only all flushable wipes on the market but some toilet paper as well. Unless wastewater experts have decided that their collection systems can no longer handle toilet paper, the necessity for a flushability test so stringent that fails to pass toilet paper is highly questionable." Committee amendments: The committee may wish to amend the bill as follows: 1) Remove the bill from the jurisdiction of CalEPA and instead leave enforcement up to the Attorney General, district attorneys, and city prosecutors. 2) Delete Section 49652 (f) from the bill to prevent a local standard from superseding the state standard that this bill intends to create. Double referral: Should this bill be approved by the Assembly Environmental Safety & Toxic Materials Committee, it will be re-referred to the Assembly Judiciary Committee. REGISTERED SUPPORT/OPPOSITION: Support CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (SPONSOR) CALIFORNIA PRODUCT STEWARDSHIP COUNCIL CENTRAL CONTRA COSTA SANITARY DISTRICT CITY OF BURLINGAME April 18, 2019 Regular Board Meeting Agenda Packet- Page 77 of 91 Page 17 of 19 Page Io Attachment 2 AB 1672 CITY OF CAMARILLO EASTERN MUNICIPAL WATER DISTRICT GOLETA WEST SANITARY DISTRICT LAS GALLINAS VALLEY SANITARY DISTRICT LAS VIRGENES MUNICIPAL WATER DISTRICT NATIONAL STEWARDSHIP ACTION COUNCIL ORANGE COUNTY SANITATION DISTRICT SACRAMENTO AREA SEWER DISTRICT SACRAMENTO COUNTY REGIONAL SANITATION DISTRICT (REGIONAL SAN) SANITATION DISTRICTS OF LOS ANGELES COUNTY UNION SANITARY DISTRICT Opposition AMERICAN FOREST & PAPER ASSOCIATION CALIFORNIA CHAMBER OF COMMERCE (CALCHAMBER) CALIFORNIA MANUFACTURES & TECHNOLOGY ASSOCIATION CONSUMER HEALTHCARE PRODUCTS ASSOCIATION GROCERY MANUFACTURERS ASSOCIATION HOUSEHOLD AND COMMERCIAL PRODUCTS ASSOCIATION INDA, ASSOCIATION OF THE NON-WOVEN FABRICS INDUSTRY PERSONAL CARE PRODUCTS COUNCIL Analysis Prepared by: Paige Brokaw/E.S. &T.M. / April 18, 2019 Regular Board Meeting Agenda Packet- Page 78 of 91 Page 18 of 19 Central Contra Costa Sanitary District Protectii7g public health ai7d the emiro17177el7t 5019 ln7/70ff Place, Mal-til7ez, CA 94553-4392 PHONE: (925)228-9500 April 10, 2019 FAX.- (925)335-7744 www.centralsan.org ROGER S.BAILEY General Manager The Honorable Phil Ting KENTON L.ALM California State Assembly Counselfor the District State Capitol (510)375-4571 Sacramento, CA 95814 KATIE YOUNG Secretary of the District RE: Assembly Bill 1486 (Ting) —Oppose [As Introduced February 2, 2019] Dear Assembly Member Ting: The Central Contra Costa Sanitary District (Central San) is respectfully opposed to Assembly Bill 1486. AB 1486 requires public agencies to offer their land for development before leasing their property. 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 145 square mile service area, Central San operates a 54 million gallon-per-day capacity treatment plant, 18 pumping stations, over 1,500 miles of sewer lines, a household hazardous waste collection facility, and provides both commercial and residential recycled water programs. AB 1486 requires special districts and other local agencies to offer the right of first refusal to affordable housing developers, schools, and parks before selling, leasing, or otherwise conveying their land. The new mandate in Assembly Bill 1486 would prevent prudent efforts to lease or otherwise protect land for important community purposes, such as buffer land surrounding a water or wastewater treatment facility, energy generation plant, or airport, as well as the long-term lease of district property that will be needed for future infrastructure, such as hospitals, parks, harbors, and cemeteries. Under AB 1486, attempting to lease land in support of an agency's governmental function would trigger the requirements for the disposal of surplus land. As written, AB 1486 would require agencies to offer up property which may be incompatible for use for housing, schools, or parks. AB 1486 would also make it more difficult to protect an agency's land for a future governmental use. Wastewater treatment plants, such as the one Central San operates, requires the processing of raw sewage, which by its nature has associated odors. The placement of low- income housing, schools, or parks near such a facility would be an incompatible use. Furthermore, it raises possible environmental justice issues, by siting residential homes or schools adjacent to a raw sewage treatment plant and household hazardous waste collection facility. Additionally, as with any utility operation, Central San's property is vital to meet future regulations, upgrade/expand facilities to maintain service reliability and serve future growth and comply with emergent regulations. Lastly, AB 1486 further restricts Central San's ability to utilize its own property to offset customer rates through the collection of lease and rent revenues that align with compatible uses. ®Recycled Paper April 18, 2019 Regular Board Meeting Agenda Packet- Page 79 of 91 Page 19 of 19 Assembly Bill 1486 (Ting) — Oppose [As Introduced February 2, 2019] April 10, 2019 Page 2 For the reasons detailed, Central San respectfully opposes AB 1486. Our opposition is not a challenge to the need for affordable housing, but a validation of the need for local flexibility when it comes to proper governmental land use management. For these reasons, Central San respectfully opposes AB 1486. Sincerely, �11 n K'I Roger S. Bailey General Manager cc: Tara Gamboa-Eastman, Office of Assembly Member Phil Ting [Tara.Gamboa- Eastman@asm.ca.gov] The Honorable Rebecca Bauer-Kahan The Honorable Tim Grayson The Honorable Steve Glazer Rylan Gervase, Legislative Representative, California Special Districts Association [advocacy@csda.net] April 18, 2019 Regular Board Meeting Agenda Packet- Page 80 of 91