HomeMy WebLinkAbout17. Receive update on pending legislative matters Page 1 of 15
Item 17.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: SEPTEMBER 5, 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
September 5, 2019 Regular Board Meeting Agenda Packet- Page 166 of 201
Page 2 of 15
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 27,
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 Legislative Priority Tracking Sheet
2. NACWA article on PFAS
3. NACWA PFAS update 078-28-19
4. NACWA comments on EPA's PFAS testing method
September 5, 2019 Regular Board Meeting Agenda Packet- Page 167 of 201
Page 3 of 15
Central San 2019 Priority Legislative Tracking Sheet as of 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
1 State Ting AB 68 Land Use: This bill reintroduces language from 2018 AB Oppose Unless Watch 03/07/19 Watch 8/30/19 Hearing set in Senate Appropriations.
D-San Francisco Accessory 2890 (Ting) regarding accessory dwelling Amended: ACWA, 8/12/19 Hearing scheduled in Senate
Dwelling Units units with prohibitions on local ordinances CSDA, CMUA, CASA Appropriations Committee. 7/10/19 Passed out of
from imposing some limitations on size and Senate Governance and Finance Committee (6-0).
location. This bill maintains a wastewater 7/3/19 Hearing set in Senate Environmental
utility's ability to collect a proportional Quality Committee. 6/18/19 Hearing set for Senate
connection fee, but prohibits capacity and Housing and Environmental Quality Committee.
connection fees on ADUs or junior ADUs that 5/29/19 Referred to Senate Committees on
are "substantially" within the existing space Housing and Environmental Quality and
of a single-family dwelling or accessory Governance and Finance. 5/22/19 Read third time
structure, including reconstruction of an and passed out of Assembly (61-10). 5/20/19
existing space with substantially the same Read Second time in Assembly. 5/16/19 Passed
physical dimensions as the existing from Assembly Appropriations Committee (15-1).
accessory structure. 4/24/19 On Suspense File in Assembly
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 8/30/19 Hearing set in Senate Appropriations.
D-San Francisco Accessory oversight by the state on local ordinances on 7/1/19 Hearing set in Senate Appropriations
Dwelling Units size and location that would impact Committee. 6/18/19 Hearing set for Senate
construction of accessory dwelling units. This Housing and Environmental Quality Committee.
bill does not address utility connection fees at 5/29/19 To Senate Housing Committee. 5/22/19
this time. Read third time and passed out of Assembly (78-
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.
September 5, 2019 Regular Board Meeting Agenda Packet- Page 168 of 201
Page 4 of 15
Central San 2019 Priority Legislative Tracking Sheet as of 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
3 State Wiekowski SB 13 Accessory This bill is a spot bill regarding accessory CSDA: Oppose Watch 03/07/19 Watch 8/30/19 Hearing set in Assembly Appropriations.
D-Fremont Dwelling Units dwelling units. In 2018 this author did 7/10/19 Passed from Assembly Local Government
introduce language that would eliminate the Committee. 6/24/19 Re-referred to Local
utility connection fee for new construction of Governement Committee. 6/19/19 Hearing set for
an accessory dwelling unit. Assembly Housing and Community Development
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.
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 Appropriations.
D-Santa Monica disposable covered product as safe to flush, safe for Support: CSDA This bill is dead for 2019 Session, but will turn into a
products sewer systems, or safe for septic systems, two-year bill in 2020. 5/16/19 Hearing set for Assembly
unless the product is a flushable wipe. The Appropriations Committee. 5/8/19 Assembly
entity must certify if their product is flushable Appropriations Committee put in Suspense File.
under compliance with the performance 4/23/19 Testified Central San's support at Assembly
standards. Noncompliant products will be Judiciary Committee and passed on 9-2 vote. 4/8/19
issued a notice of violation by the enforcing Testified Central San's support at Assembly
Environmental Safety and Toxic Materials Committee.
agency, providing 30 days for the products to 4/3/19 Letter of support sent. 3/28/19 Bill will be heard
be recalled and may be penalized for every in the Asm. Environmental Safety and Toxics Materials
day thereafter. 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.
Se to ber 5, 2019 Re ular B and Meetin A en a Packet- Pa e 16 of 201
Page 5 of 15
Central San 2019 Priority Legislative Tracking Sheet as of 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
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 Held
D-Van Nuys & discharges by 2030, and a 95% reduction in ACWA. Oppose Unless Unless on Suspense in Senate Appropriations Committee
Wiener ocean discharges by 2040. Amended: WateReuse. Amended hearing. 4/23/19 Passed from Senate Judiciary
D-San Francisco Support: Clean Water Committee on 7-2 vote, now headed to Appropriations
Action, Heal the Bay, Committee. 4/8/19 Staff is currently assessing costs to
Sierra Club, Friends of Central San as per Board Member Pilecki s request.
the River, City of Los 4/8/19 Hearing video sent to Board. 4/5/19 CASA
Angeles 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.
7 State Cooley AB 510 Local Government Existing law authorizes the head of a department Sponsored by CSDA Support 03/07/19 Support 4/1/19 This bill is dead. Consumers Attorneys
D-Rancho Cordova Records: of a county or city, or the head of a special district asked author to pull the bill. Author complied.
destruction of to destroy recordings of routine video monitoring Letter of support sent 3/19/19.
records 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 gross CASA: Support, CSDA: Support 03/07/19 Watch 5/16/19 This bill is dead for the 2019 Session.
D-Baldwin Park taxes: exemption: receipts from the sale in this state of, and the Watch 5/16/16 Held in Assembly Appropriations
water treatment storage, use, or other consumption in this state Committee. 5/6/19 passed out of Assembly
of, chemicals used to treat water, recycled water, Revenue and Taxation Committee on 9-0 vote.
or wastewater regardless of whether those 4/25/19 Re-referred to Assembly Committee on
chemicals or other agents become a component Revenue and Taxation. Fact sheet provided to
part thereof and regardless of whether the Board on 3/21.
treatment takes place before or after the delivery
to consumers.
September 5, 2019 Regular Board Meeting Agenda Packet- Page 170 of 201
Page 6 of 15
Central San 2019 Priority Legislative Tracking Sheet as of Attachment 1
Federal/ Industry Position Date of Board
Author Legislation Also Known As Summary Organization(s) Priority Recommended by BoardNotes
State List/Position Staff Direction Decision
1 10
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 8/30/19 Hearing set in Assembly Appropriations.
D-San Francisco Act of 2019 denitrification without scientific basis and Keepers, Watch Board Watch 7/11/19 In Assembly read second time and re-
without regard to ongoing collaborative Oppose: CASA Unless 3/21/19 Opposed 3/21/19 referred to Appropriations. 7/2/19 Hearing set in
nutrients research efforts currently underway Amend to remove Oppose Oppose Assembly Water, Parks and Wildlife Committee.
in the Bay Area. It also disregards the current denitrification section and 6/18/19 Set for hearing at Assembly Water, Parks,
regulation of nutrients by the SF Bay address marine managed and Wildlife Committee. 6/6/19 To Assembly
Regional Water Board through the Nutrients area section Committees on Water, Parks, and Wildlife and
Watershed Permit (approved by EPA). This Natural Resources. 5/21/19 Bill amendments
is an unfunded mandate that could cost up to printed and detritrification portion was removed
$12.413 in costs to Bay Area dischargers. from bill. Board member McGill and staffer Barnett
This bill does apply to both ocean and bay met with Sen Wiener's staff- only minor mention
dischargers. of bill. 5/16/19 Set for hearing in Senate
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 8/30/19 Hearing set in Assembly Appropriations.
D-Santa Monica bill is AB 1080) Economy and framework to address the pollution and waste Product Stewardship 7/10/19 In Assembly, read seond time and
Skinner Plastic Pollution crisis. Specifically, single-use plastic Council amended, re-referred to Appropriations
D-Berkeley Reduction Act packaging and products sold or distributed in Committee. 6/24/19 Amended in Assembly Natural
Stern California by must be reduced, recycled or Resources Committee, amendments not yet in
D-Canoga Park composted by 75 percent by 2030. All single- print. 6/6/19 To Assembly Natural Resources
Wiener use packaging and products must be Committee. 5/29/19 Passed out of Senate (28-8).
D-San Francisco recyclable or compostable on and after 2030. 5/23/19 Read Second time. 5/22/19 Read third
As part of a shift towards a more circular time - amended. 5/16/19 Read second time in
economy, the bills also instructs CalRecycle Senate. 5/16/19 Passed Senate Appropriations (4-
to develop incentives and policies to 2). 5/7/19 amended in Senate
encourage in-state manufacturing using Appropriations.3/25/19 Read second time in
recycled material generated in California. Appropriations Committee. Attached fact sheet for
CalRecycle will be given authority to adopt March 21st Board meeting.
regulations to meet these goals, including
developing criteria to determine which
packaging material qualifies as recyclable or
compostable.
September 5, 2019 Regular Board Meeting Agenda Packet- Page 171 of 201
Page 7 of 15
Central San 2019 Priority Legislative Tracking Sheet as of 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
1j I
1 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 8/30/19 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, 7/2/19 Hearing set in Senate Housing Committee.
entities for land not used for an agency's 3/21/19 6/26/19 Hearing set in Senate Governance and
governmental operations. Some issues with Oppose Finance Committee. 5/29/19 Read third time and
bill still exist. Working with author. This bill Passed from Assembly (53-20). 5/16/19 Read
would req i second time in Assembly. 5/16/19 Passed
vurelease tr;;hi;for „r„+heF,.GRve. aRGe Assembly Appropriations Committee (12-4).
their roil .,,-,,petty to first E;eRd writteR RGtiGe 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 8/19/19 In Senate, read second time to third
D-Monterey Bay agreements: employment dispute from containing a reading. 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 Support 8/22/19 Chaptered. 7/3/19 Read second time in
D-Rancho Cordova Districts Week September 22-28, 2019 as Special Districts Senate Rules Committee. 6/24/19 Sent to Senate
Sept 22-28, 2019 Week. Rules 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.
September 5, 2019 Regular Board Meeting Agenda Packet- Page 172 of 201
Page 8 of 15
Central San 2019 Priority Legislative Tracking Sheet as of 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 7/19/19 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 Support 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 Support 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.
September 5, 2019 Regular Board Meeting Agenda Packet- Page 173 of 201
Page 9 of 15
Central San 2019 Priority Legislative Tracking Sheet as of 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
18 Federal Congressmember H.R. 1497 Water Quality The bill authorizes$20 billion in Federal grants Support: WRWC Support 08/15/19 Support 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.
September 5, 2019 Regular Board Meeting Agenda Packet- Page 174 of 201
Page 10 of 15
NACWA *)))
THE VOICE ATTACHMENT 2
NACWA Meets with Congress on PFAS, Further Member
Engagement Needed
(August 21, 2019) — NACWA met with key Congressional staff last week regarding
pending legislation on PFAS to further educate them on potential unintended
consequences of the bill on public clean water utilities. While the discussion was
positive, additional NACWA member advocacy engagement on this issue is critical to
ensure Congress understands the perspective of the clean water sector.
As previously reported, last month the U.S. House of Representatives passed
legislation to address PFAS contamination and associated health risks as part of its
2020 National Defense Authorization Act (NDAA). The U.S. Senate also passed PFAS
legislation as part of its version of the 2020 NDAA; however, the House version is more
far-reaching and includes proposals that, while intended to protect public health and
hold private industry accountable, could have unintended negative impacts on the clean
water sector.
NACWA staff has been working to develop a proposed path forward on these proposals
and urging Congressional staff to take the concerns of the sector into account as they
conference the House and Senate NDAA bills to ensure an appropriate, scientifically
justified approach to addressing PFAS.
Last week, NACWA sent an Advocacy Alert to all Association members with an update
on PFAS advocacy and call to action with materials, including a template letter to
Congress and a template op-ed, your utility can use to engage. NACWA has been
coordinating closely with the Water Environment Federation (WEF) on this important
effort.
September 5, 2019 Regular Board Meeting Agenda Packet- Page 175 of 201
Page 11 of 15
ATTACHMENT 3
NACWA
NACWA Comments on PFAS Analytical Method
(August 28, 2019) - NACWA submitted comments August 23 to EPA on a proposed
new analytical procedure for validating 24 per- and polyfluoroalkyl substances (PFAS)
using liquid chromatography/tandem mass spectrometry analysis.
The comments respond to an EPA request for public comment that was issued in
June. NACWA requested, and received, a 30-day extension of the comment period.
The methodology at issue, Method 8327, is traditionally used to evaluate solid waste,
but it can be used to help evaluate PFAS chemicals in groundwater, surface water, and
wastewater.
NACWA's comments highlighted a number of concerns with this new methodology,
including that nearly half the analytes tested revealed significant issues with
reproducibility, response, recovery, stability, and chromatography. New, advanced
analytical capabilities to measure PFAS down to the part per trillion level exposes
concerns as to whether laboratories can obtain representative samples that are truly
reflective of the population studied.
NACWA stressed that until it is possible to verify that sampling equipment, laboratory
staff and/or the personnel conducting the sampling are not contaminating samples, EPA
must not move forward until there is sufficient scientific confidence to resolve the
problems found in the validation study.
NACWA also emphasized that as the understanding of PFAS continues to mature and
evolve, it is imperative that any methodologies used to quantify PFAS be precise and
reproduceable. Since public wastewater utilities are not sources of PFAS but rather
passive receivers, the cost placed on utility ratepayers for sampling and analysis or any
potential regulatory compliance requirements cannot be based on inconsistent,
deficient, or unverifiable data.
September 5, 2019 Regular Board Meeting Agenda Packet- Page 176 of 201
Page 12 of 15
ATTACHMENT 4
NACWA *)) Suit Connecticut Ave NW T (202) 833-2672
Suite 1050 F (888) 267-9505
Washington DC 20036 www.nacwa.org
A CLEAR OMMITMEh, -_-- .HATERS
EXECUTIVE August 23, 2019
COMMITTEE
PRESIDENT Office of Resource Conservation and Recovery(Mail Code 2822T)
John P.Sullivan U.S. Environmental Protection Agency
Chief Engineer
Boston Water& 1200 Pennsylvania Avenue NW
Sewer Commission Washington, DC 2046o
Boston,MA
VICE PRESIDENT
Terry Leeds Submitted Via the Federal eRulemaking Portal: htip:llwww.regulations.gov
Director
KC Water
Kansas City,MO Re: Comments on EPA's SW-846 Update VII,Phase 2 -Method 8327for Per-
and Polyfluoroalkyl Substances(PFAS) Using External Standard
TREASURER Calibration and Multiple Reaction Monitoring(MRM)Liquid
Kishia L.Powell Chromatography/Tandem Mass Spectrometry (LC/MS/MS) (Docket ID EPA-
Commissioner HQ-OLEM-2oi8-o846)
City of Atlanta
Department of
Watershed Management Dear Ms. Christina Langlois-Miller,
Atlanta,GA
SECRETARY The National Association of Clean Water Agencies (NACWA) appreciates the opportunity
Thomas W.Sigmund to submit comments on the U.S. Environmental Protection Agency's (EPA)updated
Executive Director testing Method 8327 for per-and polyfluoroalkyl substances(PFAS).
NEW Water
Green Bay,WI
NACWA represents the interests of more than 300 public clean water utilities across the
PAST PRESIDENT country, many of which operate their own testing laboratories, and everyday provide an
Mark S.Sanchez essential service managing billions of gallons of the nation's wastewater to ensure the
Executive Director
Albuquerque-Bemalillo protection of public health and the environment.
County Water
Utility Authority
Albuquerque,NM As our understanding of PFAS matures and the science evolves, it is imperative that the
methodologies used to quantify these emerging contaminants be precise and
CHIEF EXECUTIVE
OFFICER reproduceable. Because public wastewater utilities are not sources of PFAS,but rather
Adam Krantz passive receivers,the cost placed on utility ratepayers for sampling and analysis or any
potential regulatory compliance requirements cannot be based on inconsistent, deficient,
or unverifiable data.
It is clear from EPA's Statistical Report and the Data Validation Summary that significant
errors are present with nearly half of the analytes tested(n=11 of 24),revealing serious
issues with reproducibility, response, recovery,stability and chromatography.The
imprecisions found for long-chain PFAS compounds, short-chain PFAS compounds, and
PFAS precursors all expose problems with this methodology.With the 3,000 plus known
PFAS compounds in the environment,public wastewater utilities must have the
confidence that their sampling and analysis accurately reflects the true concentrations and
are not misrepresented by unacceptable uncertainty. If there is variability in precision
across the board for PFAS compounds, as the Statistical Report and Data Validation
Summary demonstrates, EPA must reconsider and revise this methodology.
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Generally,to date, our analytical techniques of sampling chemicals in the environment have been
limited to measuring concentrations at the part per billion level.Now, as analytical techniques and
laboratory methodologies have advanced,we are able to measure contaminants,like PFAS, at the part
per trillion level. Because we are measuring PFAS at extremely small concentrations, significant
concerns remain as to whether laboratories can obtain representative samples that are truly reflective of
the population being studied.We cannot begin to have confidence in analytical results until we can
verify that sampling equipment,laboratory staff and/or the personnel conducting the sampling are not
contaminating samples or having an effect on sample concentrations.
EPA must not move forward with this methodology until there is additional and sufficient scientific
confidence and precision to resolve the problems associated with laboratory equipment, contamination,
and instrument sensitivity.
Specific Comments on Draft Methodology
NACWA is providing specific comments on the draft methodology it received from its member,the
Sanitation Districts of Los Angeles County(LACSD). Staff at LACSD have worked extensively on
developing methods for PFAS and consulted with other experts in developing these comments.
As stated above, almost half(11 out of 24)of the target analytes in the method were indicated to have
significant issues with reproducibility,response,recovery,stability and chromatography.Analytical
methods must not be deemed acceptable if these crucial method do not meet the standards of quality
required by the regulatory programs that would use this method. Several analytical chemistry measures
are available to mitigate for these issues such as correcting for matrix effects (via isotope dilution or
internal standardization) or eliminating steps that could potentially lead to analyte loss(e.g.,filtration).
Specifically,the following changes to the draft method are recommended to help mitigate these issues:
• Allow isotope dilution quantitation. PFAS are analyzed using electrospray ionization mass
spectrometry(ESI-MS),which is prone to matrix suppression or enhancement. ESI-MS
methods typically employ isotope dilution or internal standardization to correct for these
problems. Isotope dilution is considered to be the best method to correct for the matrix
interferences that are often encountered in environmental samples and is generally
recommended for PFAS quantitation in non-potable water matrices. However, draft Method
8327 relies on external calibrations and therefore runs an unacceptable risk of over or under
reporting PFAS concentration values.The draft method requires addition of 19 isotopically-
labeled analogues but effectively wastes this expensive requirement by not using isotope-
dilution to enhance the precision and accuracy of quantitation.
• Replace the filtration step with centrifugation. Section B11.2.4 of the draft method 3512
describes a filtration step of the diluted field samples. PFAS are surface active, and compound
loss to the filters is likely,even with a 50%organic co-solvent.This loss may in fact account for
the poor reproducibility observed for some compounds during the validation study. In lieu of
filtration, centrifugation of samples to separate out the particulates is preferred.This technique
also minimizes the plastic waste from disposable syringes and reduces solvent waste
(6o mL/sample)generated from the recommended wash steps for reusable syringes (1311.2.6).
• Potentially eliminate addition of acetic acid. Section 2.1 indicates that acetic acid is added
"because it improved the sensitivity of some target analytes."The method does not specify
which compounds are enhanced by the addition of acid, nor the level of signal enhancement. If
the increase in sensitivity is negligible (as observed in tests conducted by LACSD),this step can
be eliminated since this is one more reagent that requires PFAS screening prior to use.
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• Correct the method text on qualifier transitions for PFHxA. Section 1.3 lists
Perfluorohexanoic acid(PFHxA) as one of the compounds that lack qualifier transitions. PFHxA
has two transitions: m/z 313269 and 313119,which are listed Table 3.
• Do not allow for calibrations forced through zero. Section 11.3.6 indicates that forcing
linear and quadratic curves through zero is allowed"when background PFAS are present to
better estimate background concentrations."Forcing the curve through zero can potentially
bias the results and should not be used to compensate for background PFAS that can easily be
mitigated by replacing HPLC tubing with materials made from non-fluorinated polymers (e.g.
PEEK) and installing a delay column.
• Use pipettes for sample collection. Section 8.1 indicates collection of 5 mL of sample in a
15 mL container but does not specify the procedures for doing so.We recommend providing
samplers with pipettes to accurately dispense 5 mL of sample into the container.This prevents
under/overfilling of containers and eliminates the gravimetric determination of organic solvent
needed to maintain the 50% organic co-solvent requirement(B11.1.1) as well as the adjustment
of internal standard/surrogate spikes (BII.2.I).The method also does not specify the number of
samples to be collected.We recommend a minimum of four samples which can be used for
MS/MSD and re-extraction if needed.
• Perform dilutions on replicate samples. Section 11.5.3 recommends dilution of the
extracts with 50-50 methanol water with o.1% acetic acid for samples with PFAS levels
exceeding the calibration range.This procedure is problematic because it also dilutes the
isotopically labeled analytes already spiked in the samples.We recommend performing dilutions
on a replicate sample that has not yet been processed. Sample dilution can be performed by
transferring samples to a new container,quantitatively rinsing the original container, diluting
with additional solvent, and scaling the internal standard/surrogate spiking volume to maintain
the same labeled compound concentration as the calibration standards.
• Potentially widen the acceptance criteria for surrogate/internal standard
recoveries. Section 9.6.4 recommends preliminary acceptance criteria of 70-130%for the
isotopically labeled PFAS analogues.This may not be routinely achievable for complex matrices
such as wastewater. In fact,the method indicates surrogate recovery issues with multiple
labeled PFAS.We recommend 50-150% as a starting point and statistically-derived limits should
remain an option.
• Add a section that allows for the addition of compounds to the method. The list of
PFAS compounds of interest is continuously changing.Accordingly,the method should include
language that allows for the addition of new PFAS compounds.This language is present in draft
method 3512 (BI-3)but the analytical method 8327 language is limited to the 24 compounds
listed in section 1.o.
Conclusion
NACWA disagrees with EPA's finding in the Executive Summary that, despite nearly half the samples
indicating analytical errors,the method is"generally acceptable."If an analytical method reveals errors
or inconsistencies to this extent—in particular in situations where the method may ultimately be used
for determining compliance with the Clean Water Act or another environmental statute —the method
must be rejected until it can provide the scientific confidence needed. EPA must, at a minimum, revise
the draft methodology based on the above recommendations and propose a new draft method with
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sufficient data to qualify performance of the method for public comment before considering approval of
its use in regulatory programs.
Thank you for your consideration of these comments. Please contact me at eremmelpnacwa.org or
202/533-1839 with any questions or to discuss further.
Sincerely,
�4- �4
Emily Remmel
Director, Regulatory Affairs
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