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Item 11.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: AUGUST 15, 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 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
August 15, 2019 Regular Board Meeting Agenda Packet- Page 131 of 153
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research at this time.As new information becomes available, it will be presented at future Board
meetings.
The attached Priority Legislative Tracking Sheet contains information on known matters through August 8,
2019, and other items of interest for the Board.
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. Central San Priority Legislation Tracking Sheet
2. NACWA PFAS article
August 15, 2019 Regular Board Meeting Agenda Packet- Page 132 of 153
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Central San 2019 Priority Legislative Tracking Sheet as of 8/8/19 Attachment 1
Federal/ Industry Position Date of Board
Author Legislation Also Known As Summary Organization(s) Priority Recommended by Board N s
State List/Position Staff Direction Decision
1 State Ting AB 68 Land Use: This bill reintroduces language from 2018 AB Oppose Unless Watch 03/07/19 Watch 8/12/19 Hearing scheduled in Senate
D-San Francisco Accessory 2890 (Ting) regarding accessory dwelling Amended: ACWA, Appropriations Committee. 7/10/19 Passed out of
Dwelling Units units with prohibitions on local ordinances CSDA, CMUA, CASA Senate Governance and Finance Committee (6-0).
from imposing some limitations on size and 7/3/19 Hearing set in Senate Environmental
location. This bill maintains a wastewater Quality Committee. 6/18/19 Hearing set for Senate
utility's ability to collect a proportional Housing and Environmental Quality Committee.
connection fee, but prohibits capacity and 5/29/19 Referred to Senate Committees on
connection fees on ADUs or junior ADUs that Housing and Environmental Quality and
are "substantially"within the existing space Governance and Finance. 5/22/19 Read third time
of a single-family dwelling or accessory and passed out of Assembly (61-10). 5/20/19
structure, including reconstruction of an Read Second time in Assembly. 5/16/19 Passed
existing space with substantially the same from Assembly Appropriations Committee (15-1).
physical dimensions as the existing 4/24/19 On Suspense File in Assembly
accessory structure. Appropriations. 4/10/19 Passed from Assembly
Local Government Committee to Appropriations
Committee. 3/27/19 Amended and referred to
Committee on Housing and Community
Development.
2 State Ting AB 69 Land Use: This bill introduces language related to Watch: ACWA Watch 03/07/19 Watch 7/1/19 Hearing set in Senate Appropriations
D-San Francisco Accessory oversight by the state on local ordinances on Committee. 6/18/19 Hearing set for Senate
Dwelling Units size and location that would impact Housing and Environmental Quality Committee.
construction of accessory dwelling units. This 5/29/19 To Senate Housing Committee. 5/22/19
bill does not address utility connection fees at Read third time and passed out of Assembly (78-
this time. 0). 5/20/19 Read Second time in Assembly.
5/16/19 Passed from Assembly Appropriations
Committee (18-0). 4/24/19 On Suspense File in
Assembly Appropriations. 4/4/19 Referred to
Appropriations Committee. 3/27/19 Amended and
referred to Committee on Housing and Community
Development.
August 15, 2019 Regular Board Meeting Agenda Packet- Page 133 of 153
Page 4 of 11
Central San 2019 Priority Legislative Tracking Sheet as of 8/8/19 Attachment 1
Federal/ Industry Position Date of Board
Author Legislation Also Known As Summary Organization(s) PriorityRecommended b Board Notes
State List/Position Staff Direction Decision
3 State Wiekowski SB 13 Accessory This bill is a spot bill regarding accessory CSDA: Oppose Watch 03/07/19 Watch 710/19 Passed from Assembly Local Government
D-Fremont Dwelling Units dwelling units. In 2018 this author did Committee. 6/24/19 Re-referred to Local
introduce language that would eliminate the Governement Committee. 6/19/19 Hearing set for
utility connection fee for new construction of Assembly Housing and Community Development
an accessory dwelling unit. Committee. 6/6/19 To Assembly Committees on
Housing and Community Development and Local
Government. 5/22/19 Read third time and passed
Senate (34-2). 5/20/19 Read second time again.
5/17/19 Read second time and amended in
Senate. 5/16/19 Passed from Senate
Appropriations Committee (6-0). 5/6/19 In Senate
Appropriations Committee in Suspense File.
4/23/19 Re-referred to Senate Appropriations
Committee. 4/10/19 Hearing set in Local Gov't
Committee. 4/1/19 Need clarification from author
on whether"impact fees" are inclusive of
"connection fees".
4 State Friedman AB 1180 Water: recycled This bill requires Title 22 for non-potable Sponsored by Support 03/07/19 Support 6/24/19 In Senate Appropriations Suspense file.
D-Glendale water uses to be updated by the Water Board by WateReuse California, 6/5/19 Passed out of Senate Environmental
2023. It also requires that a change over Support: CASA, CSDA Quality Committee. 5/29/19 Assigned to Senate
device (such as swivel ell) be incorporated Environmental Quality Committee. 5/22/19 Passed
into the Title 17 update currently underway. A from Assembly (78-0). 5/20/19 Read second time
draft for the Title 17 changes will be released in Assembly. 5/16/19 Passed from Assembly
in late summer 2019. WRCA (a member of Appropriations Committee (18-0). 4/24/19 In
the Title 17 handbook committee) has Suspense File in Assembly Appropriations
requested that a change over device or Committee. 4/1/19 Sent back to Appropriations
swivel ell be included as part of this update. Committee. 3/27/19 Passed out to Appropriations
Committee. Support letter sent to Assembly
Environmental Safety and Toxic Materials on
3/19/19.
August 15, 2019 Regular Board Meeting Agenda Packet- Page 134 of 153
Page 5 of 11
Central San 2019 Priority Legislative Tracking Sheet as of 8/8/19 Attachment 1
Federal/ Industry Position Date of Board
Author Legislation Also Known As Summary Organization(s) Priority Recommended by Board Notes
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 5/16/19 Held on Suspense in Assembly
D-Santa Monica disposable covered product as safe to flush, safe for Support: CSDA Appropriations. This bill is dead for 2019 Session,
products sewer systems, or safe for septic systems, but will turn into a two-year bill in 2020. 5/16/19
unless the product is a flushable wipe. The Hearing set for Assembly Appropriations
entity must certify if their product is flushable Committee. 5/8/19 Assembly Appropriations
under compliance with the performance Committee put in Suspense File. 4/23/19 Testified
standards. Noncompliant products will be Central San's support at Assembly Judiciary
issued a notice of violation by the enforcing Committee and passed on 9-2 vote. 4/8/19
agency, providing 30 days for the products to Testified Central San's support at Assembly
be recalled and may be penalized for every Environmental Safety and Toxic Materials
day thereafter. Committee. 4/3/19 Letter of support sent. 3/28/19
Bill will be heard in the Asm. Environmental Safety
and Toxics Materials Committee on April 9th, and
again in the Assembly Judiciary Committee on
April 23rd. In print on 3/18/19. Will likely be triple
referred to committees.
6 State Hertzberg SB 332 Ocean Discharge This bill proposes a 50% reduction in ocean Opposed: CASA, CSDA, Oppose 03/07/19 Oppose 5/21/19 This bill is dead for 2019 Session. 5/16/19
D-Van Nuys & discharges by 2030, and a 95% reduction in ACWA. Oppose Unless Unless Held on Suspense in Senate Appropriations
Wiener ocean discharges by 2040. Amended: WateReuse. Amended Committee hearing. 4/23/19 Passed from Senate
D-San Francisco Support: Clean Water Judiciary Committee on 7-2 vote, now headed to
Action, Heal the Bay, Appropriations Committee. 4/8/19 Staff is currently
Sierra Club, Friends of assessing costs to Central San as per Board
the River, City of Los Member Pilecki's request. 4/8/19 Hearing video
Angeles sent to Board. 4/5/19 CASA requests no side
meetings or deals with author. Coalition formed
with WateReuse, ACWA, and others. 4/3/19 At
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.
August 15, 2019 Regular Board Meeting Agenda Packet- Page 135 of 153
Page 6 of 11
Central San 2019 Priority Legislative Tracking Sheet as of 8/8/19 Attachment 1
Federal/ Industry Position Date of Board
Author Legislation Also Known As Summary Organization(s) Priority Recommended by Board Notes
State List/Position Staff Direction Decision
7 State Cooley AB 510 Local Government 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 Records: department of a county or city, or the head of asked author to pull the bill. Author complied.
destruction of a special district to destroy recordings of Letter of support sent 3/19/19.
records routine video monitoring maintained by that
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 5/16/19 This bill is dead for the 2019 Session.
D-Baldwin Park taxes: exemption: gross receipts from the sale in this state of, Watch 5/16/16 Held in Assembly Appropriations
water treatment and the storage, use, or other consumption in Committee. 5/6/19 passed out of Assembly
this state of, chemicals used to treat water, Revenue and Taxation Committee on 9-0 vote.
recycled water, or wastewater regardless of 4/25/19 Re-referred to Assembly Committee on
whether those chemicals or other agents Revenue and Taxation. Fact sheet provided to
become a component part thereof and Board on 3/21.
regardless of whether the treatment takes
place before or after the delivery to
consumers.
August 15, 2019 Regular Board Meeting Agenda Packet- Page 136 of 153
Page 7 of 11
Central San 2019 Priority Legislative Tracking Sheet as of 8/8/19 Attachment 1
Federal/ Industry Position Date of Board
Author Legislation Also Known As Summary Or anization s Priorit Recommended b Board il
Notes
State List/Position Staff Direction Decision
9 State Wiener SB 69 Ocean Resiliency This bill prescribes nutrient removal by Sponsored by Coast 6/20/19 03/21/19 6/20/19 7/11/19 In Assembly read second time and re-
D-San Francisco Act of 2019 denitrification without scientific basis and Keepers, Watch Board Watch referred to Appropriations. 7/2/19 Hearing set in
without regard to ongoing collaborative Oppose: CASA Unless 3/21/19 Opposed 3/21/19 Assembly Water, Parks and Wildlife Committee.
nutrients research efforts currently underway Amend to remove Oppose Oppose 6/18/19 Set for hearing at Assembly Water, Parks,
in the Bay Area. It also disregards the current denitrification section and and Wildlife Committee. 6/6/19 To Assembly
regulation of nutrients by the SF Bay address marine managed Committees on Water, Parks, and Wildlife and
Regional Water Board through the Nutrients area section Natural Resources. 5/21/19 Bill amendments
Watershed Permit (approved by EPA). This printed and detritrification portion was removed
is an unfunded mandate that could cost up to from bill. Board member McGill and staffer Barnett
$12.413 in costs to Bay Area dischargers. met with Sen Wiener's staff- only minor mention
This bill does apply to both ocean and bay of bill. 5/16/19 Set for hearing in Senate
dischargers. Appropriations. 4/29/19 Re-referred to Senate
Appropriations Committee. 4/11/19 Read second
time in Senate, amended and re-referred to
Environmental Quality Committee. 4/9/19 Hearing
set in Senate Natural Resources and Water
Committee. 4/1/19 Author provided amendments
which did not address any of the impacts to the
wastewater industry. Set for April 9 hearing in
Senate Natural Resources and Water.
10 State Allen SB 54 (paired California Circular SB 54/AB 1080 establish a comprehensive Support: California Support 03/21/19 Support 7/10/19 In Assembly, read seond time and
D-Santa Monica bill is AB 1080) Economy and framework to address the pollution and waste Product Stewardship amended, re-referred to Appropriations
Skinner Plastic Pollution crisis. Specifically, single-use plastic Council Committee. 6/24/19 Amended in Assembly Natural
D-Berkeley Reduction Act packaging and products sold or distributed in Resources Committee, amendments not yet in
Stern California by must be reduced, recycled or print. 6/6/19 To Assembly Natural Resources
D-Canoga Park composted by 75 percent by 2030. All single- Committee. 5/29/19 Passed out of Senate (28-8).
Wiener use packaging and products must be 5/23/19 Read Second time. 5/22/19 Read third
D-San Francisco recyclable or compostable on and after 2030. time - amended. 5/16/19 Read second time in
As part of a shift towards a more circular Senate. 5/16/19 Passed Senate Appropriations (4-
economy, the bills also instructs CalRecycle 2). 5/7/19 amended in Senate
to develop incentives and policies to Appropriations.3/25/19 Read second time in
encourage in-state manufacturing using Appropriations Committee. Attached fact sheet for
recycled material generated in California. March 21st Board meeting.
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.
August 15, 2019 Regular Board Meeting Agenda Packet- Page 137 of 153
Page 8 of 11
Central San 2019 Priority Legislative Tracking Sheet as of 8/8/19 Attachment 1
Federal/ Industry Position Date of Board
Author Legislation Also Known As Summary Organization(s) Priority Recommended by Board Notes
State List/Position Staff Direction Decision
11 State Ting AB 1486 Local agencies: This bill has been amended. It would only Oppose: CASA, Oppose 5/2/19 Watch, 5/2/19, 5/2/19 8/12/19 Hearing set for Senate Appropriations
D-San Francisco surplus land allow for first right of refusal for housing Unless Amend: CSDA 3/21/19 Oppose 3/21/19 Watch, Committee. 7/2/19 Hearing set in Senate Housing
entities for land not used for an agency's 3/21/19 Committee. 6/26/19 Hearing set in Senate
governmental operations. Some issues with Oppose Governance and Finance Committee. 5/29/19
bill still exist. Working with author. This bilk Read third time and Passed from Assembly (53-
would ron,,; . 1 diStFiGt that would 20). 5/16/19 Read second time in Assembly.
sale, lease frainisfo, „F otheF 5/16/19 Passed Assembly Appropriations
their roil .,,-,,peFty to fiFst mord wFitteR R9tiGe Committee (12-4). 5/15/16 Hearing set for
Assembly Appropriations Committee. 5/2/19
Central San Board changed to Watch position.
CSDA continues to work with author. 4/25/19 In
Assembly Coauthors revised. 4/11/19 Amended in
Assembly and back to Committee. 4/10/19 Passed
heavily amended out of Asm Housing and
Community Development Committee. 4/10/19
Hearing date set in Asm Local Gov't Committee.
12 Federal Congressmember H.R. 1764 Permit term This bill would amend the Federal Water Support: CASA Support 03/21/19 Support 5/2/19 Letter of Support sent from Western
Garamendi extension Pollution Control Act to extend National Recycled Water Coalition to Congressmember
D-California 3rd Pollutant Discharge Elimination System Garamendi supporting bill. Central San listed as
District Permit (NPDES)for up to 10 years. supporter. 3/28/19 Interagency Letter of Support
led by Central San sent to DeSaulnier's office with
cc to CASA. Attached letter for 4/4/19 Board
meeting.
13 State Stone AB 749 Settlement Prohibits a settlement agreement in an Oppose: CSDA Oppose 04/04/19 6/27/19 In Senate, read second time and
D-Monterey Bay agreements: employment dispute from containing a amended. 6/25/19 Heard in Senate Judiciary
restraints in trade provision prohibiting, preventing, or otherwise Committee. 5/8/19 Letter Opposing bill sent to
restricting a settling party that is an aggrieved Senators Glazer and Dodd.5/2/19 Bauer-Kahan
person from working for the employer against supported the bill to pass out of Assembly.
which the aggrieved person has filed a claim. Grayson did not vote on bill. 4/10/19 In Assembly
The result will be that all serious discipline for third reading. 4/9/19 Hearing set in Assembly
matters and terminations will have to be tried Judiciary Committee. 4/1/19 HR and Legal
to a verdict, increasing attorney's fees. reviewed and requested this be placed as priority
legislation, position: Oppose.
14 State Cooley ACR 89 Declaring Special Assembly Resolution that would declare Sponsor: CSDA Support 05/16/19 7/3/19 Read second time in Senate Rules
D-Rancho Cordova Districts Week September 22-28, 2019 as Special Districts Committee. 6/24/19 Sent to Senate Rules
Sept 22-28, 2019 Week. Committee. 5/21/19 Board Member McGill spoke
to multiple Asm/Sen offices in support of ACR 89
for CSDA Legislative Day's Conference. 5/16/19
To Assembly Rules Committee. 5/6/19 Offically
introduced. 5/3/19 In print and number assigned.
Request from CSDA to support resolution.
August 15, 2019 Regular Board Meeting Agenda Packet- Page 138 of 153
Page 9 of 11
Central San 2019 Priority Legislative Tracking Sheet as of 8/8/19 Attachment 1
Federal/ Industry Position Date of Board
Author Legislation Also Known As Summary Organization(s) Priority Recommended by Board Notes
State List/Position Staff Direction Decision
15 State Mullin AB 1509 Lithium-Ion Establishes the Lithium Ion Battery Recycling Sponsor: California Support 06/20/19 Support 119/19 Hearing postponed. 7/3/19 Hearing set in
D-South San Battery Fire Program in the Department of Resources Product Stewardship Senate Environmental Quality Committee. 6/10/19
Francisco Prevention Act Recycling and Recovery. Requires an entity Council (CPSC) David Wyatt- Central San's HHW Supervisor
Berman by 2021 to provide an annual list of lithium- reviewed legislation and requested support
D-Palo Alto ion batteries sold seperately or sold with a position. 6/10/19 Requested Call to Action by
product within the state. The bill would also CPSC to sign on to support bill.
require a fee by the entitiy to the Department
to manage proper disposal options for lithium
ion batteries. This is a producer responsibility
bill.
16 Federal Senator Cory S. 1932 Drought Authorizes for FY19-24 $670M for surface and Support: WRWC Support 08/15/19 7/31/19 Discussion with WRWC on support and
Gardner (D-CO), Resiliency and groundwater storage projects, $100M for water bill status. 7/18/19 Bill heard in Water and Power
cosponsors Senators Water Supply recycling projects, and $60M for desalination Subcommittee of the Energy Committee requested
Feinstein (D-CA), Infrastructure Act projects. It would also create a new loan program clarification on how to streamline implementation.
at 30-year Treasury rates for water supply
McSally (R-AZ) & 6/20/19 Introduced.
Sinema (D-AZ) projects known as the Reclamation Infrastructure
Finance and Innovation Act(RIFIA). The$150M
authorized for the program would make available
$8 to $12B in lending authority for the low interest
loans. The loans would use existing criteria under
the WIFIA program, with projects for funding to
be recommended by the Bureau of Reclamation,
and with the loans to be administered by EPA.
The draft also would authorize $140M for
restoration and environmental compliance
projects. The bill provides offsets, one of which is
a process to de-authorize inactive water recycling
projects—projects for which no Federal or
sponsor funds were spent on construction in the
past 10 years, with an allowance of two and one-
half years to spend funds to prevent de-
authorization.
17 Federal Congresswoman H.R. 1162 Water Recycling Increases the WIIN Act authorization for Title Support: WRWC Support 08/15/19 7/31/19 WRWC support. 6/13/19 Heard in
Napolitano (D-CA) Investment and XVI from $50 million to $500 million. Makes Subcommittee on Water, Oceans, and Wildlife
Improvement Act the WIIN Act Title XVI program permanent as (WOW) of the House Natural Resources
it currently expires in 2021. Strikes the Committee, with feedback that much needs to be
requirement that the projects need to be worked out on bill. This is a carryover bill from
designated in an appropriations legislation. previous session which Central San and WRWC
Increase the limitation on the federal share of supported. It currently has 26 cosponsors that are
individual Title XVI projects from the current all Democrats. This may be a difficult bill to move
$20 million in October 1996 prices to $30 forward based on partisan leanings.
million in January 2019 prices. Does not
change the 25% federal cost share.
August 15, 2019 Regular Board Meeting Agenda Packet- Page 139 of 153
Page 10 of 11
Central San 2019 Priority Legislative Tracking Sheet as of 8/8/19 Attachment 1
Federal/ Industry Position Date of Board
Author Legislation Also Known As Summary Organization(s) PriorityRecommended b Board
State List/Position Staff Direction Decision
18 Federal Congressmember H.R. 1497 Water Quality The bill authorizes$20 billion in Federal grants Support: WRWC Support 08/15/19 7/31/19 WRWC sent support letter. This bill now
DeFazio (D-OR) Protection and over five years for Clean Water SRFs. Authorizes has 39 cosponsors, but in very early stages.
Job Creation Act $1.5 billion over five years for grants to implement
of 2019 state water pollution control programs. Provides
$600 million over five years for Clean Water pilot
programs (including Federal technical assistance
and/or grants)for watershed-based or system-
wide efforts to address wet weather discharges,
to promote storm water best management
practices, to undertake integrated water resource
management, and to increase the resiliency of
treatment works to natural or man-made
disasters. Authorizes $375 million in grants over
five years for alternative water source projects
including projects that reuse wastewater and
storm water to augment the existing sources of
water.
August 15, 2019 Regular Board Meeting Agenda Packet- Page 140 of 153
Page 11 of 11
ATTACHMENT 2
NACWA *))
I
PFAS Legislation Passes House, NACWA to Push for Changes
(July 17, 2019) – The US House of Representatives passed PFAS legislation last week,
as part of the annual National Defense Authorization (NDAA) bill, that has potential
serious consequences for public clean water utilities. NACWA will work diligently over
the coming weeks in collaboration with other water sector groups to alter this language
as the House bill is reconciled with a Senate bill that contains different PFAS language.
While NACWA and the water sector were previously successful in working with the US
Senate to ensure similar PFAS legislation was ultimately not included in passage of
their version of the NDAA, the House Leadership moved several pieces of PFAS
legislation to include as amendments at the last last minute to provide House
Democrats political incentive for passage of the NDAA (H.R. 2500).
The two amendments of concern—one amendment offered by Rep. Greg Pappas (D-
NH) and the other amendment by Reps. Dingell (D-MI) and Dan Kildee (D-MI)—would
trigger liability for all PFAS chemicals under Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) as hazardous substances, potentially
imposing Superfund liability for biosolids containing PFAS.
Additionally, the Pappas amendment would add all PFAS to the Clean Water Act (CWA)
toxic pollutants list, require EPA to develop CWA effluent limitations for PFAS, and also
require pretreatment standards for PFAS.
Fortunately, NACWA and the water sector were successful in working with Rep. Kildee
to ensure he addressed the unintended consequences of these amendments on public
water and clean water utilities in his House Floor remarks on the amendment. Rep.
Kildee stated that his intent is to protect public health and go after polluters that are the
source of PFAS and pledged to work with utilities as the bill moves though the
conference committee process to address the water sector's concerns.
NACWA appreciates the goals and intent of Rep. Kildee and the other amendment
sponsors, and looks forward to working with them further to ensure public clean water
utilities and ratepayers are not unfairly hampered by any unintended consequences of
this legislation.
August 15, 2019 Regular Board Meeting Agenda Packet- Page 141 of 153