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Home My WebLink About03.b. Extend Existing Septic To Sewer Financing Program for Three Years and Create a New Three-Year Pilot Lateral Replacement Financing ProgramPage 1 of 17 Item 3.b. MEETING DATE: SUBJECT SUBMITTED BY: BOARD OF DIRECTORS POSITION PAPER J ULY 18, 2023 REVIEW DRAFT POSITION PAPER TO EXTEND THE EXISTING SEPTIC TO SEWER FINANCING PROGRAM FOR THREE YEARS AND CREATE A NEW THREE-YEAR PILOT LATERAL REPLACEMENT FINANCING PROGRAM THOMAS BRIGHTBILL, SENIOR ENGINEER INITIATING DEPARTMENT: ENGINEERING AND TECHNICAL SERVICES- PDS-RATES AND FEES REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER EDGAR LOPEZ, PROVISIONAL DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES GREG NORBY, DEPUTY GENERAL MANAGER, OPERATIONS ISSUE Approval of the Board of Directors (Board) is required to adopt resolutions. BACKGROUND On February 18, 2021, the Board adopted Resolution 2021-013 which established a two-year pilot Septic to Sewer Financing Program. The program allows residential property owners with septic systems who are adjacent to an existing Central San sewer main to finance construction costs and Central San fees associated with abandoning their septic system and connecting directly to the Central San sewer. Based on reaction and comments from users during the pilot program and additional comments from the Board and Board Committees, the extension of the existing Septic to Sewer program for an additional three years and the creation of an associated sewer Lateral Replacement Financing Program for three years are proposed. Extension of the Existing Septic to Sewer Financing Program Since the beginning of the program, construction and financing has been completed for 16 parcels. One additional parcel has a signed financial agreement and is in the permitting and construction phase. Prior to starting the program, a review identified 178 eligible parcels. Conceptual level cost estimates were prepared for these parcels. The average cost was estimated at $15,900 with 84 percent of the cost July 18, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 65 of 123 Page 2 of 17 estimates being below $50,000. An initial cap of $50,000 per parcel was included in the pilot financing program, in part to ensure that several large agreements did cause a shortage of funds for other prospective participants. Of the 16 parcels where construction has been completed, four of the parcels had costs greater than $50,000. Based on the higher than anticipated percentage of projects with costs greater than $50,000 and the increase in construction costs and fees since the program began, staff recommends that the cap be increased to $65,000 per parcel. Staff also suggests that changes in construction activity and costs warrant extending the pilot program rather than update District Code at this time. Creation of a New Pilot Sewer Lateral Replacement Financing Program Central San District Code section 9.10.040 states that the construction, repair, and maintenance "side sewers" from the building to the point of connection with Central San's sewer main are the responsibility of the property owner. Note that while District Code and Standard Specifications refer to these as "side sewers", the phrase "laterals" is proposed for the financing program as this phrase may be more familiar to property owners and customers. Aging and defective sewer laterals are generally accepted to be significant sources of infiltration, a process where groundwater enters the wastewater collection system through cracks (or breaks) in the sewer lateral pipe or through misaligned pipe joints. This additional flow places an additional burden on the wastewater collection system, where it can lead to overflows. It also places an additional burden on the treatment plant, resulting in increased treatment costs and increasing the risk of overflow from the wet - weather storage basins during storms. Wastewater utilities have used a number of approaches to encourage or require property owners to ensure their sewer laterals are in good repair and are not contributing to infiltration. Staff feels that one of the least intrusive would be to offer a financing program to assist property owners with the costs to replace an aging or defective sewer lateral. A white paper from the United States Environmental Protection Agency (EPA) on Private Sewer Laterals supports this position by commenting "...financing options can make it easy for the homeowner to agree to and proceed with the repair." The following terms are proposed for a three-year pilot financing program: • To be eligible, the project must be for the complete replacement of the sewer lateral. Projects for spot repairs are not eligible. • The program would also fund the installation of a new sewer lateral where it required to remedy a lateral is shared with another parcel, a situation which does not conform to Central San's Standard Specifications. I n such a case, the General Manager or his designee may determine that it is in the best interest of the property owners and the District to only require the construction of a new sewer lateral downstream of the existing point of connection between the two existing laterals. • A maximum project amount of $12,500 for single family residential parcels, and a maximum of $25,000 all other parcels. • The financed amount will be repaid to Central San through annual payments on the property tax bill collected over 15 years and will include the interest at the rate specified on the Schedule of Environmental and Development -Related Fees and Charges for the Septic to Sewer program. There will be no penalty for early pay-off. The higher maximum amount proposed for non -single family residential parcel is based on staffs experience that laterals in commercial district tend to have more utility conflicts often requiring hand excavation as well as more challenging traffic control and construction methods. July 18, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 66 of 123 Page 3 of 17 If the Pilot Sewer Lateral Replacement Financing Program is approved, staff is planning to outreach to property owners whose laterals are connected to Central San sewer mains scheduled for routine replacement or reconstruction. ALTERNATIVES/CONSIDERATIONS The Board could decline to extend the existing Septic to Sewer Financing Program or could make changes to the terms of the proposed extension. The Board could decline to create a new Sewer Lateral Replacement Financing Program or could make changes to the terms of the proposed program. FINANCIAL IMPACTS Approximately $640,000 in currently allocated funds are available for both programs for FY 2023-24, if approved by the Board. Ultimately Central San would be paid back for the funds financed through the programs, including interest and set-up fees. COMMITTEE RECOMMENDATION The Finance Committee reviewed this matter at its July 18, 2023 meeting and recommended RECOMMENDED BOARD ACTION Approve to extend the existing Septic to Sewer financing program for three years and create a new three- year pilot Lateral Replacement Financing Program. Strategic Plan Tie -In GOAL ONE: Customer and Community Strategy 2 - Promote initiatives to advance affordable and equitable access to services ATTACHMENTS: 1. Presentation 2. US EPA - Private Sewer Laterals July 18, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 67 of 123 Page 4 of 17 Attachment 1 July 18, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 68 of 123 Page 5 of 17 S2S History Recap February 18, 2021— Board approves establishment of a S2S Financing Program. March 4, 2021, - Resolution approved for 2- year pilot to finance all costs to convert from septic to sewer for residential customers June 2021-15t S2S Promissory Note Signed January 2022 — Outreach to 178 parcels identified as close proximity to existing sewer mains June 2021-June 2023 —16 Promissory Notes signed for S2S Conversions I CENT—SAN Septic to Sewer (S2S) Finance Program: Your Questions Answered nmmmeseptle m saw (sa) pmpom� s.�.�r6s�wwramp•�•:r>....aa,.rsq ro rma��Mmwaonusapm mrtm.n�.tapn m�.le.�m�ipop.nyro en.r. ��pl�,ywre.w�.armr.a.ure�.r�uwsw dwd�.x..rv�maa tlw��m,m�emmemm�me,.rAperm..m u � wn.n ®pueryu.r.. 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Hvx �, MI S ana.M hwn aMa Canhol5m pmgunYr July 18, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 69 of 123 Page 6 of 17 Existing S2S Program Eligible for Financing Application & Inspection Fees Capacity Fee CAD* & AVAD Fees Reimbursement Fee* Side Sewer Construction* Septic Abandonment* *Paid to third parties **Current Rate adopted June 1, 2023 Financing Terms Financing cap of $50,000 per customer 15 years with fixed annual rate of 3.84%* * Customer provides three contractor proposals and signs a promissory note which is secured by the parcel No prepayment penalty Annual Payments made on the tax roll Only residential properties being converted from private septic tank systems to public sewer N— service are eligible to participate in the program 5 S2S Program Statistics e H E 16 parcels have signed financing agreements and =- completed construction --�_ 4 parcels had costs greater than $50,000 r 12 parcels had costs below $50,000 �' An additional 42 parcels have had conversations and correspondence with Central San. Some of these parcels may still participate if the program is extended. Paid to Contractors and 3rd Parties Central San Fees & Services Total Amount Financed I $333,000 532 000 $865,000 July 18, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 70 of 123 3 Page 7 of 17 S2S Recommendation 06091 Extend Septic to Sewer Pilot for another/I . 3-Years until June 2026 � Based on number of projects with costs greater than $50,000 and the increase in =n � � All — fees and construction costs, the cap beit increased to $65,000 per parcel. Al 7 0 July 18, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 71 of 123 4 Page 8 of 17 Background on Laterals (Side Sewers) October 20, 2016, Board meeting to consider changing policy on private sewer lateral after discussion of Collection System Master Plan. Board reaffirmed: Property owner responsible for upper and lower lateral On a project -by -project basis, Central San offers property owners the opportunity to work with a Central San contractor to replace the lateral — paid for by the property owner directly to the contractor September 18, 2020, Board meeting request for future agenda items to bring a lateral financing program similar to Septic -to -Sewer (S2S) financing program February 18, 2021— Board approves establishment of a S2S Financing Program. Staff has waited to bring proposed Lateral Replacement Program while S2S Program was further developed 0 Sewer Lateral p. Statistics-_ p 1. �0 D Residential Connections,— L 97,600 single family homes 39,600 multi -family units \ Overflow Protection Collection Pipeline Upper Lateral Device Typical sewer lateral is around 30 feet Lower Lateral Approximately 600+ miles of private residential sewer laterals Breaks and leaks in private sewer laterals are generally assumed to be responsible for up to 50% of Inflow and Infiltration in a collection system 10 July 18, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 72 of 123 5 Page 9 of 17 Current District Code 9.10.040 - Ownership, maintenance and connection of side sewers. A side sewer is a private facility. The property owner shall be responsible for constructing, repairing and maintaining the entire side sewer between the building and the public sewer (including both the lateral and building sewers, and the tap, saddle or Wye connection fitting at the public main sewer). The District shall not be financially responsible for any side sewer construction, operation, maintenance, repair, abandonment or other costs whatsoever, except where the District itself or its contractor reconstructs or realigns the public sewer, thereby necessitating the reconnection of private side sewers to the public sewer. (Ord. 253 § 1(Exh. A(part)), 2008) 11 Options Brought to Board in 2016 and 2020 for Consideration Private Lateral Program Policy Option A: Maintain current code (private sewer lateral at property owner's responsibility) Current Policy Option B: Implement ordinance requiring lateral inspection, repair, and replacement upon: sale of property, and/or major renovation, and/or change in water meter size Option C: Provide private lateral rebate program Option D: Take ownership or maintain lower lateral Not Recommended Option E: Take ownership or maintain upper and lower lateral Not Recommended • Option F: Offer lateral insurance program via third party Contra Costa Water District offers to its customers • Option G: Offer private lateral financing program Option H: Maintain existing code and add alternative bid price for lateral replacement in renovation projects for optional customer participation 12 July 18, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 73 of 123 6 Page 10 of 17 EPA Guidance on Private Sewer Laterals "Most private property owners have no idea of the condition of their sewer laterals, and they will see little or no direct personal benefit from the cost to repair their lateral." "...repairing or replacing sewer mains to remove infiltration may be less effective in reducing I&I than predicted until the laterals also are fixed." "Programs to address issues with private laterals can be much more successful with less public resistance if the financial aspects, as well as the legal aspects, are carefully considered. " "...financing options can make it easy for the homeowner to agree to and proceed with the repair." 13 aEA — P-1. S--l.��r+i, Lateral Replacement Financing is a good companion tool with Capital Renovation Projects b / Civic Dr PJ n �p PK _Ra 4 ' Mt Diablo Blvd I '� 14 DISTRICT PROJECT No. 100049 DOWNTOWN WALNUT CREEK SEWER RENOVATIONS — LOCUST Bid Date: Late Summer 2023 Coordinated with City Pavement Project, EBMUD Water Project and PG&E upgrades This is a rare opportunity to address most or all commercial laterals while the streets are open for construction. Incentive for Property Owners to upgrade their Private Sewer Lateral Finance up to full cost of replacement for laterals associated with Capital Projects July 18, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 74 of 123 Page 11 of 17 Proposed Lateral Replacement Program Eligible for Financing Application & Inspection Fees Side Sewer Construction* *Paid to third party contractors **Current Rate adopted June 1, 2023 Financing Terms Financing cap of $12,500 per Single -Family Residential customer Financing cap of $25,000 for Multi -Family and Non -Residential customers 15 years with fixed annual rate of 3.84%** Customer provides three contractor proposals and signs a promissory note which is secured by the parcel No prepayment penalty Annual Payments made on the tax roll Only properties planned for full replacement or required to separate a shared lateral are eligible ®— to participate in the program 15 Lateral Replacement Proposal Recommendation Establish Lateral Replacement Pilot for 3-Years until June 2026 Include provisions for both Residential and Non -Residential customers for full replacement of lateral or separation of a shared lateral. First Come First Served until annual funding runs out Evaluate the program at the end of the Pilot term. 16 July 18, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 75 of 123 8 Page 12 of 17 17 July 18, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 76 of 123 Page 13 of 17 ATTACHMENT 2 r d EPA United States C Environmental Protection Agency EPA New England Water Infrastructure Outreach provides tools, examples, and technical assistance for water infrastructure operators and managers, local officials, and other decision -makers for more effective and sustainable water infrastructure man Bement. For more information see ham://www.0a.eov/regionl /sso/toolbox.html Private Sewer Laterals June 2014 Portions excerpted from State of Technology for Rehabilitation of Wastewater Collection Systems (EPA/600/R-10/078) Private sewer laterals are the portion of the sewer network connecting individual and private properties to the public sewer system. Laterals are often in poor condition, and can have a significant impact on the performance of the sewer system and treatment plant. Cracked or broken laterals can allow groundwater and infiltrating rainwater (clean water) to enter into the sewer system which, at high levels, can cause problems at the treatment facility or overload the sewers and cause sanitary sewer overflows (SSOs). The condition of sewer laterals can affect the results of sewer system rehabilitation programs, particularly those programs investigating and addressing capacity and inflow and infiltration (1&1) issues. For example, after infiltration in a main sewer line has been corrected through rehabilitation, the groundwater level can rise and cause infiltration problems in adjacent sewer laterals (and can also result in water infiltration into nearby basements). This means that repairing or replacing sewer mains to remove infiltration may be less effective in reducing I&I than predicted until the laterals also are fixed. Typically, private laterals make up about half of the total length of a sewer system. Even when the system -wide impact of infiltration is not an issue, defective laterals can cause sewer backups, and can be an important issue of concern in public works agencies. The owners of the laterals may be unaware of these problems or unwilling to fix them if the consequences do not directly affect them. INFLOW SOURCES INFILTRATION 1J _. SOURCES Figure shows a typical layout for a residential sewer lateral connecting to a mainline in a UNCAPPED street, together with illegal drain connections ROOF DRAIN CLEAN CUT CRO��ON NECTURM - and some of the conditions that can contribute CONHECTJOt! r L3RCFCQd to high I&I. { CONNECTED tHOlJSE LATERAL FOUNDATION DRAIN l FAULTY LATERAL CONNECTIONV - FAULTY MANHOLE - - - ..- STORM SANER COVER OR FRAME r SAANTARY CRACKED OR BROKEN PIPE Courtesy King County SEWER Dept. Natural Resources and Parks DETER IORO TED MAN HOLE July 18, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 77 of 123 Page 14 of 17 Clean water can be directed into the sanitary sewer system through other private connections. The need to remove sources of non -wastewater "inflow" into the sanitary sewer system from private property is another concern for wastewater managers. These inflow sources can include connections from roof and driveway drains and from basement sump pumps. These inflows were once permitted in many communities, but are now typically prohibited. In general, removal of inflow sources represents one of the more cost-effective ways of removing unwanted water from a wastewater collection system. Newer laterals are generally installed with polyvinyl chloride (PVC) pipe, but according to a Water Environment Research Foundation survey over fifty percent of private laterals are vitrified clay pipe (VCP). VCP is prone to root intrusion, cracks, joint misalignment and general leakage, and private laterals are estimated to contribute about 40 percent of a system's infiltration and inflow. Lateral Renewal Decision -Making. After identifying problems related to the condition of sewer laterals, a sewer department will need to determine how or whether to address these problems. Criteria may include the direct cost-effectiveness of sewer lateral renewal (avoided cost versus incurred cost), but may also need to include more general considerations affecting public health, the environment, and quality of life. Even when looking at only the direct cost-effectiveness of lateral renewal, it is important to see it in the broader context of "where, how and when" the I&I affects the system and treatment plant. Repairing the laterals in one small basin may not appear to be cost-effective if the savings are calculated only by multiplying the reduction in total quantity of sewage conveyed annually by the average cost of conveyance/treatment per 1,000 gallons of sewage. However, the same repair may be cost-effective if it prevents peak flows from exceeding maximum design flows at lift stations or at the wastewater treatment plant (WWTP), or if it eliminates the need to upsize parts of the collection system. Because of the large investments required to bring most sewer systems up to standards, rehabilitation and capacity -building efforts may take many years; therefore, repair and renewal efforts must be prioritized over time. System needs and prioritization will then guide development of a strategy to deal with sewer laterals (i.e., whether it is necessary to address the condition of laterals; the approach; how to finance; access issues; and public awareness). The use of pilot projects for lateral rehabilitation has proved useful in many cities that have identified problem I&I. Pilot projects can provide area -specific as well as system -wide data. Private Property Issues. Even when a municipality has concluded that their sewer laterals present a problem they are still often reluctant to move ahead. Frequently it is because the buried sewer laterals that are presenting a problem to the municipality are not causing an obvious problem to the owners of the laterals. This makes dealing with private property owners over sewer lateral repairs a difficult issue. Most private property owners have no idea of the condition of their sewer laterals and they will see little or no direct personal benefit from the cost to repair their lateral. Linked to the legal issues of ownership, who should pay, etc., are also questions of legal right of access to the 2 July 18, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 78 of 123 Page 15 of 17 private property for inspection and repair work, as well as legal liability for accidents during inspection or repair work. Some key issues/options regarding legal and liability matters are: > Some states prohibit spending public money for private gain (i.e., improving private property by paying for rehabilitation of private laterals). This issue has been addressed successfully in the courts by arguing that the private gain is only incidental to a larger public gain, resulting from fewer sewer overflows and decreased sewage treatment costs. > Procedures for entering private property to conduct inspection and repair work vary widely across the U.S. Local ordinances can be checked and modified if necessary. > Many municipalities regard taking any additional responsibility for private sewer laterals as a major concern in terms of additional work and public liaison. Other municipalities are more proactive, seeing themselves as being in the best position to do something about lateral problems by providing homeowner -friendly programs, even if they do not take financial responsibility for the work. > Having the political will to force homeowner compliance is often an issue with elected officials who have to approve the program. Outreach can educate officials of the costs and benefits of action. Financing Issues. Programs to address issues with private laterals can be much more successful with less public resistance if the financial aspects, as well as the legal aspects, are carefully considered. Some considerations include: > For wealthier neighborhoods, financing options can make it easy for the homeowner to agree to and proceed with the repair. For low-income neighborhoods, some kind of financial assistance or deferral of payment until property sale may be essential to pursuing a program. > Sewer lateral repair may provide enough public good that a community may decide to pay for it. A few cities have decided to put up all of the money for the program. > Financing repairs with insurance - a warranty program approach where the homeowner essentially pays an insurance premium against the cost of a malfunctioning sewer system has been adopted by some cities. > Using a mandatory inspection at the time of sale and a requirement to have the lateral in proper condition before the property is transferred allows the cost of lateral repair to be paid at a time that money is available from the property sale. > A city can use its program size to bid or negotiate uniform and low costs for lateral repairs. A homeowner can opt to bid the work themselves, but a quick check on an individual price can often convince them that joining the city program is an opportunity to take care of the problem at a lower price and with less effort. July 18, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 79 of 123 Page 16 of 17 Inspection Technologies. Table 2 lists the common methods used for laterals inspection. More detailed discussions of these methods can be found in EPA's Condition Assessment of Wastewater Collection Systems. Table 2: Methods for Inspection of Sewer Laterals Method Description Building inspections Identifies uncapped cleanouts and various connections to the laterals. Smoke testing Identifies various connections and defective service laterals. Dye water flooding Identifies defective laterals and various connections to the sewer lateral. Mainline CCTV Identifies "suspect" laterals and may be able to inspect first few feet of the lateral. Lateral CCTV Identifies location and size of active leaks and some inactive leaks (water stains); also identifies change in pipe material/diameter along the lateral, sags, bends, etc. Pressure testing Identifies existence of both active and passive leaks. Electro scanning Identifies existence of both active and passive leaks in non-conductive pipes. Condition Assessment and Recordkeeping. The inspection data from a few sewer laterals may be representative of the condition of other laterals in the same sewer basin of the same material and date of construction. Decisions about whether the rehabilitation or replacement of a particular lateral is necessary can be made on the basis of this assessment, or may be made based on other system criteria. For example, laterals may be rehabilitated at the same time as mainline segments, as was done in Nashville and Davidson County, TN, or, all non -PVC laterals may be renewed in a sub -basin being rehabilitated, as was done in Sarasota, FL. However, in many agencies' programs, only laterals proven to be defective qualify for repair. The condition assessment will normally be based both on infiltration conditions in the lateral and on the lateral's structural condition. The assessment will document any evidence of the presence of infiltration along with any structural defects. Table 3 indicates the typical data sources and assessment parameters used for different aspects of condition assessment. Table 3: Basis for Condition Assessment Assessment Type Data Source Basis of Assessment Infiltration assessment CCTV Visible joint infiltration Visible joint infiltration Evidence of periodic leaking Digital scanning Evidence of periodic leaking Pressure testing Exfiltration rates Structural assessment CCTV/digital scanning Qualitative descriptions Quantitative scoring of individual defects and aggregated scores for pipe sections Operating conditions CCTV/digital scanning Qualitative descriptions (e.g., tree roots, debris, blockages) Other defects CCTV/digital scanning Qualitative descriptions (e.g., construction defects such as hammer tap lateral connections) M July 18, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 80 of 123 Page 17 of 17 Standardization of defect codes is just as important for sewer laterals as for mainline condition assessments. NAASCO's Pipeline Assessment Certification Program (PACP) observation codes are useful in describing and cataloging lateral conditions. Summary. One of the long-term goals for managing wastewater collection systems is to understand the most effective rehabilitation procedures with the lowest life -cycle cost. Determining if excessive infiltration and/or inflow are significantly impacting your collection or treatment system is a task that stands on its own. If infiltration is a significant issue within your system, it is almost guaranteed that private laterals are a part of the problem. An issue for moss municipalities when considering developing a lateral rehabilitation program is whether the cost and effort of the program can be justified by the potential public benefit (e.g., reduced treatment costs, reclaiming capacity, and avoiding sewage overflows). There are numerous examples of municipalities that have implemented an infiltration reduction program and many of them have included private laterals. Not addressing private laterals would be an incomplete investigation. Fortunately, municipalities throughout the country have begun to address these issues and have developed some innovative models and financing arrangements to move beyond the barriers. EPA's Guide for Estimating Infiltration and Inflow provides further information on estimating I&I in your sewer system. Further information and References EPA State of Technology for Rehabilitation of Wastewater Collection Systems (EPA/600/R- 10/078) July 2010 EPA Condition Assessment of Wastewater Collection Systems (EPA/600/R-09/049) May 2009 King County Storm Water & Ground Water in Sewers is a Regional Problem Vancouver An Approach Towards Private Sewer Lateral Certification in Real Estate Transactions February 2013 Water Environment Federation WEF Private Property Virtual Library July 18, 2023 Regular FINANCE Committee Meeting Agenda Packet - Page 81 of 123