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HomeMy WebLinkAbout2009-05-21 - Executive-Administrative-Organizational Committee Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING Thursday, May 21, 2009, 4:00 PM 1717 E Miraloma Ave, Placentia CA 92870 COMMITTEE STAFF Director John W. Summerfield, Chair Ken Vecchiarelli, General Manager Director William R. Mills Pat Grady, Assistant General Manager 1. PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 2. DISCUSSION ITEMS This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda may also include items for information only. 2.1. Report on Grant Activities - Townsend Public Affairs 2.2. Plan for Obtaining Future State and Federal Grants - Townsend Public Affairs 2.3. Report on Legislative Activities - Sacramento Advocates 2.4. Report on 2009 Legislative Bills - McCormick, Kidman & Behrens 2.5. General Counsel's Monthly Summary Billing Reports 2.6. Directors' and General Manager's Fees and Expenses (Jan-Mar) (To be provided at the meeting.) 2.7. Future Planning Initiatives from the Strategic Planning Workshop 2.8. Future Agenda Items and Staff Tasks 3. ADJOURNMENT 3.1. The next regular meeting of the Executive-Administrative-Organizational Committee will be held June 16, 2009 at 4:00 p.m. Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Committee less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 2.1 AGENDA REPORT Meeting Date: May 21 , 2009 Subject: Report on Grant Activities - Townsend Public Affairs ATTACHMENTS: Name: Description: Type: Mav 09.doc May Report Report(s) TPA Mav Revision Pr000sals.odf General Fund Proposals Report(s) Tonsend PUBLIC AFFAIRS, INC. MEMORANDUM To: Yorba Linda Water District, Executive Committee From: Christopher Townsend, President Heather Dion, Director Date: May 15, 2009 Subject: Activity Report State Political Hiahliahts: The past few weeks have been extremely busy in Sacramento. The Legislature was in full swing as policy committees met in order to hear thousands of bills prior to the policy committee deadline of May 1St. Each House of the Legislature had to hear all of bills that have a fiscal component prior to May 1St or else the measure could not be taken up until next year; bills that do not have a fiscal impact to the State must be heard by policy committees prior to May 15th. The next major deadline before the Legislature is May 28th the date by which the Appropriations committees must hear all fiscal bills. Given the budget issues, and larger economic downturn facing the State, it is likely that a large percentage of bills will be held in the Appropriations committee and not be eligible to be taken up again until next year. While the legislative process is in full swing, the main topic of interest in Sacramento is the upcoming special election on May 19th. The outcome of the election will have an immediate and direct impact on the State's budget situation. While the Legislature was able to pass a budget for the 2009-10 fiscal year earlier this year, that budget package relied heavily, to the tune of nearly $6 billion, on the passage of the package of measures that will be before the voters. Should those measures fail, the Legislature will be asked to make adjustments to the 2009-10 budget in order to make up for the revenues not realized through the special election. Additionally, the Legislative Analyst's Office has determined that the 2009-10 budget is already out of balance by as much as $8 - $10 billion due to lower than expected revenues from sales tax, capital gains tax, and other sources of revenues. In fact, the State Controller just announced that the State's income tax returns were over $1 billion short of projections. What all of this means is that the Legislature will likely be forced to reopen budget negotiations in June in order to close the 2009-10 budget deficit, which could be as large as $18 billion. This process will undoubtedly drag into the summer months as the Legislature will battle over which programs to cut and how to raise additional revenues. It is unlikely that the Legislature will be able to come up with the 2/3 vote needed to enact new taxes, so the budget deficit will need to be closed through a combination of cuts and borrowing. The exact details of what programs will be cut and by how much are not known now, but rumors are starting to surface already. Yesterday the Governor's Office spoke with representatives from local government about the possibility of capturing local tax revenue from local governments by suspending Prop 1A. Under the provisions of Prop 1A, the Governor could declare a fiscal emergency and borrow up to 8% of local government tax revenues, approximately $2.08 billion. The borrowing would only be a short-term solution as the State would be required to pay this amount back to local governments within three years, with interest. The use of local government tax revenue by the State would come at a time where many local governments are struggling with their own budget shortfalls and being forced to cut expenditures and layoff employees. It should be noted that while the Governor has spoken about the possibility of suspending Prop 1A, he has not submitted this proposal to the Legislature for their consideration. The Governor has tentatively set May 15th as the day that he will release his revised budget proposals. The Governor announced he will be submitting two budget proposals. One proposal will be based on the measures on the May 19 ballot passing and the other will be based on the measures failing. Because the latest polling on the special election measures have shown all of the propositions likely to fail, the Administration is attempting to sway voters by showing the state's dire fiscal situation if additional revenue is not made up through the special election. TPA will be providing YLWD with a breakdown of both budget proposals as soon as they are made available. The Governor's Revisions from the Department of Finance are attached to this report. iL r "FRNP 2009- 10 MAY REVISION GENERAL FUND PROPOSALS INTRODUCTION In February, the Governor signed a budget for 2009-10 five months before the constitutional deadline. That budget included spending cuts and revenue increases totaling $41.6 billion and eliminated the largest budget gap in the state's history. As the global recession has deepened, the budget has again fallen out of balance. Specifically, the May Revision projects spending this year and next will exceed available funds by$15 billion in the absence of any corrective action. Moreover, the budget assumes the passage of propositions 1A, 113, 1C, ID and 1E on the May 19 ballot. Should these measures all fail, the budget will be an additional $5.8 billion out of balance in 2009-10. Out-year deficits May Revision Budget Shortfall would also be higher (Dollars in Millions) given a revenue loss of Total $16.2 billion. INT-01 Reserve displays the changes in June 30,2010 Reserve Projected $2,103 estimates that result in the as of 2009 early Budget Act new budget shortfall. workload Adjustments: -$15,546 Revenues -12,401 Proposition 98 Expenditures -1,090 (Mainly Property Tax Revenue Loss) Non Proposition 98 Expenditures -2,317 Federal Stimulus Funds General Fund Offset 262 Rebuild Reserve -2,000 Budget Shortfall Assuming Passage of the Propositions -$15,443 Budget Shortfall if the Propositions Fail on May 19 -$21,279 SUMMARY OF MAJOR SOLUTIONS BY CATEGORY The May Revision proposes solutions to restore the 2009-10 budget to balance, offsetting the revenue losses and caseload-driven cost increases resulting from the global recession. These solutions, however, assume that propositions 1A, 1B, 1C, 1D and 1 E are approved on May 19. Recognizing that the propositions may fail, the May Revision also proposes a set of contingency solutions to offset the additional budgetary gap that would result. The two tables below summarize the May Revision proposals and the May Revision Contingency proposals. MAY REVISION PROPOSALS Figure MPA-01 displays General Fund primary solutions for 2008-09 and 2009-10 proposed in the May Revision. Figure MPA-01 Recap by Category of May Revision Proposals (Dollars in Millions) Impact on GF Reserve 2008-09 and Prior 2009-10 Two-Year Percent to Total Reorganization/Consolidation $0.0 $50.0 $50.0 0.3% Program Savings 2,020.0 3,539.6 5,559.6 38.2% Cuts Requiring Federal Waivers 0.0 750.0 750.0 5.2% Revenue Accelerations/Fees 0.0 988.9 988.9 6.8% Fund Shifts 12.5 92.9 105.4 0.7% Other 0.0 1,100.0 1,100.0 7.6% Borrowing 0.0 6,000.0 6,000.0 41.2% Total $2,032.5 $12,521.4 $14,553.9 100.0% Change in Reserve(from$2 billion) 889.0 889.0 Total with Change in Reserve $2,032.5 $13,410.4 $15,442.9 3 SUMMARY OF MAJOR SOLUTIONS BY CATEGORY REORGANIZATION,CONSOLIDATIONS AND CAPITALIZING ON STATE ASSETS -CONTINUING THE WORK OF THE CALIFORNIA PERFORMANCE REVIEW Over the past five years, the Administration has worked to eliminate outdated functions, become more efficient, eliminate redundancy and reduce costs. The state's unprecedented budget shortfall presents an opportunity for state government to increase efficiency, spend less and eliminate duplication and functions that are not absolutely critical. The Administration proposes to follow up on the work of the California Performance Review (CPR) conducted in Governor Schwa rzenegger's second year in office. Many of the CPR's recommendations have already been implemented. The May Revision builds on the Governor's Budget to include additional reorganization proposals to achieve savings of at least$50 million General Fund in the budget year. The Administration will submit the following proposals to promote efficiency: • Streamline and realign energy functions by consolidating and reorganizing functions from twelve different entities into a single Department of Energy to help California meet greenhouse gas reduction and renewable energy goals. • Consolidate and realign recycling and cleanup, spill prevention and pollution prevention programs, and eliminate the Integrated Waste Management Board. • Consolidate the Department of Corporations, Department of Financial Institutions, Department of Real Estate and Department of Real Estate Appraisers. • Eliminate duplication and improve tax collections by merging tax collection operations currently split between the Franchise Tax Board (FTB), the Board of Equalization (BOE), and Employment Development Department (EDD). • Eliminate the Department of Boating and Waterways and transfer its functions to the Department of Parks and Recreation. • Consolidate the Postsecondary Education Commission and the Student Aid Commission. • Eliminate the Office of Environmental Health Hazard Assessment and transfer its duties to the Department of Public Health. • Eliminate the Department of Community Services and Development and transfer its functions to the Department of Social Services and to the new Department of Energy. 4 2009-10 MAY REVISION-GENERAL FUND PROPOSALS SUMMARY OF MAJOR SOLUTIONS BY CATEGORY • Transfer operations of the Science Center to a not-for-profit entity or to an appropriate governmental entity and ensure this center remains viable during these difficult budget times. • Eliminate the San Francisco Bay Conservation and Development Commission as a state department and realign its functions to a regional entity. • Eliminate the Bureau of Naturopathic Medicine. • Eliminate the Telephone Medical Advice Services Bureau. • Consolidate the Board of Geologists and Geophysicists with the State Mining and Geology Board. • Consolidate the Professional Fiduciaries Bureau under the Board of Accountancy. • Consolidate the Board of Behavioral Sciences, the Board of Psychology, the the duties of the Board of Vocational Nurses and Psychiatric Technicians to oversee psychiatric technicians, into a new Board of Mental Health. • Consolidate the Hearing Aid Dispensers Bureau under the Speech-Language Pathology and Audiology Bureau. • Consolidate the nursing oversight functions of the Board of Vocational Nursing and Psychiatric Technicians with the Board of Registered Nursing. • Elimination of the Court Reporters Board. • Elimination of the Inspection and Maintenance Review Committee and transfer its functions to the Bureau of Automotive Repair. • Elimination of the Landscape Architects Technical Committee and transfer its licensing duties to the Architects Board. In addition to presenting an opportunity for state government to increase efficiency and spend less, this economic crisis and resulting budget shortfall demands that the state explore every opportunity to raise revenues, without increasing taxes, to protect vital program services. To that end, the Administration will be pursing legislation to capitalize on California's real estate—one of the state's greatest assets. The proposed legislation and associated administrative actions will increase the amount of money the state raises from state property through long-term leasing of unused properties, the sale of high- value property, refinancing of state-owned buildings, and the accelerated sale of surplus property. Improvements to the state's management of properties can help better position California for the future. 2.009-I0 MAY REVISION-GENERAL FUND PROPOSALS 5 PROGRAM SAVINGS Major proposals previously included in the Governor's Budget but not adopted as part of the 2009 Budget Act are as follows: • $34.7 million—Payments to Counties for Agricultural and Open Space Land Preserves. The May Revision proposes to eliminate state subventions to local governments for open space and agricultural land under the Williamson Act. Currently, the State backfills a portion of the revenue lost by local governments when they enter into voluntary agreements with land owners for lower property tax assessments when those land owners agree to use the land only for agricultural or open space purposes. • $120.2 million—Eliminate the Cash Assistance Program for Immigrants (CAPI) and the California Food Assistance Program (CFAP). The CAPI allows approximately 12,000 aged, blind, and disabled legal immigrants, who would be eligible for the SSI/SSP program but for their immigration status, to receive cash assistance. The CFAP provides benefits to more than 22,000 low-income legal non- citizens between the ages of 18 and 65, who meet all the eligibility requirements for the federal Food Stamp program but have resided in the United States for less than five years. This proposal, which would become effective October 1, 2009, would eliminate these state-only programs. • $132.2 million—Lower Cost Health Plan. Decrease health care costs beginning in January 2010 by contracting for lower cost health care coverage either through CalPERS or directly from an insurer. Savings beginning in 2010-11 will prefund Other Post-Employment Benefit (OPEB) costs. • 25-Year Health Benefits Vesting for New Employees—Reduce the OPEB, unfunded actuarial accrued liability (UAAL) by 38 percent over 30 years, by requiring that new employees work for 25 years or more before becoming eligible for free lifetime health benefits. • $125 million—Medi-Cal—Reducing Services for Newly Qualified Legal Immigrants and for those Permanently Residing under Color of Law. Effective October 1, 2009, this proposal would limit benefits for newly qualified immigrants (over the age of 20 and excluding pregnant women) and immigrants permanently residing under the color of law to emergency services only. • $2.8 million—Science Center Phase II Delay. Delay the opening of the Science Center World of Ecology by one year. New opening date would be spring 2011. 6 SUMMARY OF MAJOR SOLUTIONS BY CATEGORY • $40.8 million—Limit In-Home Supportive Services(IHSS) Domestic and Related Services to the Most Functionally Impaired. This proposal, which would become effective October 1, 2009, would limit the provision of domestic and related services to individuals with the highest levels of need. • $38.2 million—Limit IHSS Share-of-Cost Buyout to the Most Functionally Impaired. This proposal, which would become effective October 1, 2009, would target the state buyout program, which reduces the costs IHSS recipients whose Medi-Cal share of cost is higher than their IHSS share of cost must incur before receiving subsidized services to persons with the most severe needs. • $114.1 million—Limit State Participation in IHSS Wages. This proposal, which would become effective October 1, 2009, would reduce state participation in the wages of IHSS workers to the state minimum wage of$8.00 per hour, plus $0.60 per hour for health benefits. • $248.5 million—Reduce Supplemental Security Income/State Supplementary Payment (SSI/SSP) Grants. This proposal would reduce maximum monthly grants to the minimum federally allowed levels for individuals and couples. This proposal, which would become effective September 1, 2009, would reduce the maximum SSI/ SSP grant for an aged/disabled individual to $830 per month and the maximum grant for aged/disabled couples to $1,407 per month. • $156.7 million—CalWORKs Reforms and Cost Containment. This proposal, which would become effective October 1, 2009, would: (1) modify the Safety Net program by continuing benefits for families beyond their 60-month time limit only if they meet federal work participation requirements, (2) provide cash aid for families receiving child-only benefits in a manner consistent with other CalWORKS families, (3) institute a face-to-face self-sufficiency review every six months with a county worker for CalWORKS families who are not meeting work requirements, and (4) reduce the CalWORKs maximum aid payment standard by six percent. • $87.5 million—Various CalGrant Cost Containment Measures. This solution includes elimination of new awards for the Competitive CalGrant program ($52.9 million), freezing income eligibility ($7 million); reducing maximum awards for students attending private institutions from $9,708 to $8,322 ($11 million), and partially decoupling award levels from UC and CSU fee increases ($16.6 million). 2.009-I0 MAY REVISION-GENERAL FUND PROPOSALS 7 SUMMARY OF MAJOR SOLUTIONS BY CATEGORY MAJOR NEW PROPOSALS: • $6.6 million—No State Capitol Repairs in 2009-10. Delay repairs of the State Capitol provided by the Department of General Services for one year. • $234 million—Increase Savings Target for Developmental Services. This proposal would require a Developmental Services savings target of an additional $234 million. The Regional Centers (RC) are already required to identify program changes to achieve $100 million in General Fund savings pursuant to the early 2009 Budget Act. The Department of Developmental Services has worked with stakeholders to develop proposed changes to RC services to achieve required savings. This collaborative process should continue to achieve the new savings target. • $75 million—Medi-Cal—Pharmacy Reforms. Implement new federal and state drug pricing policies aimed at lowering costs and retaining quality care. Effective October 1, 2009, these reforms would require federal Drug Pricing providers to dispense only drugs purchased through the program, would require manufacturers of HIV/AIDS/cancer drugs to pay particular rebates subject to a penalty of non-compliance, establish upper billing limits for drugs, and would require the state to perform therapeutic category review of antipsychotic drugs. • $47.9 million—Medi-Cal—Anti-Fraud Initiative. More aggressively target fraud in adult day health care centers, pharmacy, physicians, durable medical equipment, and transportation. These efforts would require 62 new positions and $3.4 million General Fund in 2009-10. Savings would increase significantly after startup in 2009-10 and rise from $47.9 million to approximately $87.0 million in the out years. • $20 million—Medi-Cal—Reduce Payments to Private Hospitals by ten percent. This proposal would achieve necessary savings by reducing General Fund support for private hospitals by ten percent, a commensurate reduction as public hospitals received in the enacted 2009 Budget Act. • $36.8 million—Medi-Cal—Roll back Rate Increase for Family Planning Services. Reduce the rates for family planning services to the pre-January 2008 level. Chapter 636, Statutes of 2007, increased the reimbursement rates for services by approximately 90.9 percent. • $2.7 million—Eliminate Certified Application Assistance. Eliminate certified application assistance which provides up to $60 to contractors for helping individuals enroll and remain in the subsidized children's health insurance coverage. 8 2009-10 MAY REVISION-GENERAL FUND PROPOSALS SUMMARY OF MAJOR SOLUTIONS BY CATEGORY • $15.8 million—IHSS Anti-Fraud Initiative. This proposal would significantly increase the prevention and detection of fraud within the IHSS program, thereby ensuring that scarce resources are being used to serve eligible people and to pay for actual services rendered rather than misdirected. Funding for the University of California and for the California State University: • $1.020 billion (current year only)—Reduce Funding to UC and CSU without Violating the Federal Stimulus MOE Requirement. The 2009-10 February enacted budget reflects $742 million in General Fund policy reductions from the September 2008 Budget Act for the University of California and California State University combined (net of standard base adjustments and replacement of Lottery revenue associated with the securitization proposal). Those reductions reflected: (a) an ongoing reduction enacted in the special session amendments to the 2008 Budget Act to achieve the 10-percent reduction initially proposed in the January, 2008 Governor's Budget ($132.2 million), and (b) an unallocated reduction of $610 million. The May Revision now proposes the following significant additional adjustments for UC and CSU which are necessary to address the deterioration in revenues. This proposal would reduce both segments by $510 million each in the current year. This amount is anticipated to be fully offset with State Fiscal Stabilization Fund allocations based on the formulas prescribed in federal law, of which $537 million ($268.5 million each) was allocated in April. • $1.0 billion in 2008-09 and $2.0 billion in 2009-10—Reduce Proposition 98 Funding. The 2009-10 Budget Act adopted in February reduced Proposition 98 by $7.3 billion, to $50.7 billion, in 2008-09 and by $2.9 billion, to $56 billion, in 2009-10. Of these reduction amounts, $5 billion and $404 million respectively, consisted of deferrals and fund shifts. In addition, to help school districts minimize impacts to essential classroom instruction, the budget package provided relief from a variety of strings attached to 42 categorical programs, thereby, allowing them to shift funds to meet their highest priority needs. The package also significantly reduced the penalties associated with K-3 Class Size Reduction by allowing districts to retain up to 70 percent of funding even if pupil-to-teacher ratios increase more than 25 to 1, which provides greater budget flexibility. However, due to the continued precipitous decline in revenue, the Proposition 98 guarantee drops substantially, necessitating further reductions. As a result, the May Revision will include a variety of additional flexibility proposals to minimize the impact of the revenue shortfall on schools. 2.009-I0 MAY REVISION-GENERAL FUND PROPOSALS 9 SUMMARY OF MAJOR SOLUTIONS BY CATEGORY Proposition 98 funding would be reduced to $49.7 billion from $50.7 billion in 2008-09 and to $53.7 billion from $55.9 billion in 2009-10. However, we note that these reductions would be largely offset by the $3.3 billion in federal State Fiscal Stabilization Fund and the $2.8 billion in other federal funding increases which are being provided to schools through the federal American Recovery and Reinvestment Act in 2008-09 and 2009-10. Specific proposals include: A reduction of$114 million in 2008-09 for eliminating the High Priority Schools Program. A reduction of$694.3 million in 2008-09 for a one-time school district apportionment (revenue limit) reduction. A reduction of$85 million in 2008-09 from Community College categorical funding. A deferral of $115 million in Community College apportionments from the 2008-09 fiscal year to the 2009-10 fiscal year. An increase of$8.3 million in 2008-09 to reflect a base adjustment to Charter School Economic Impact Aid funding. A reduction of$950 million in 2009-10 to school district apportionments (revenue limits). • Other adjustments in 2009-10 including $36 million in child care savings associated with reducing the high incidence of overpayments to providers in voucher-based programs. Flexibility that provides school districts the option to reduce up to one week of instructional time at local discretion, limited to no more than three years. We note that this proposal was included in the Governor's Budget proposal in January, but not adopted by the Legislature. However, school district superintendents and others have requested that the Administration reintroduce this option to minimize the impact of budget reductions. Additionally, the Administration will propose several other broad statutory and regulatory flexibility options, such as contracting out, to assist districts in making ends meet while maintaining quality instruction to the extent possible. A deferral of $640.3 million in school district apportionment payments from the 2009-10 fiscal year to the 2010-11 fiscal year. 10 2.009-10 MAY REVISION-GENERAL FUND PROPOSALS SUMMARY OF MAJOR SOLUTIONS BY CATEGORY A reduction of$221.6 million in 2009-10 to Community College categorical programs, which will be accompanied by flexibility reforms similar to those included in the February budget package for K-12 categorical programs. A reduction of$58.4 million in 2009-10 to enrollment growth for Community College apportionments. A reduction of$120 million in 2009-10 to Community College apportionments by reducing the funding rate for credit physical education and recreational courses to the regular non-credit rate. Additionally, it is noted that community colleges are projected to absorb a $42.1 million 2008-09 property tax shortfall and another$116.7 million in 2009-10. An increase of$940.3 million in 2009-10 to reflect property tax, attendance and other adjustments. Due to state cash flow shortfalls, it may be necessary to move certain K-12 payments from the scheduled payment dates to a different date such as moving K-12 program payments from the beginning of July to the end of the month and some portion of the July and August payments may be shifted to October of 2009. CUTS REQUIRING FEDERAL WAIVERS Major new proposals: • $750 million—Federal Medi-Cal Flexibility and Stabilization. During this time of financial crisis, California requires flexibility to manage its Medi-Cal program within available state resources. The federal government has provided California significant fiscal relief under the federal stimulus. However, the current trajectory of Medi-Cal growth is unsustainable. California faces unique challenges because of the effective cost control mechanisms that have been the hallmark of the program for decades. The low cost of the program has allowed the state to extend coverage to many populations not covered in other states. The state cannot afford its Medi-Cal program as currently structured and governed by federal rules and regulations. The Administration has reluctantly proposed eligibility reductions previously and continues to believe such roll-backs are necessary for California to manage the program within available resources. Under the new federal requirements of the ARRA, such reductions are no longer permitted. Relief from federal requirements is essential. To the extent relief from ARRA restrictions is not permissible, the state will need to secure additional federal program flexibility and implement reductions to manage 2.009-I0 MAY REVISION-GENERAL FUND PROPOSALS 11 SUMMARY OF MAJOR SOLUTIONS BY CATEGORY the program within available resources. Legal constraints associated with the rates paid in this program represent further limitations on the state's ability to contain Medi-Cal costs. Strict federal rules that govern state Medicaid program administration constrain states' ability to reduce overall program expenditures. Consequently, the Governor will petition the Obama Administration to work with California to secure essential program flexibilities to slow the rate of program growth and manage Medi-Cal within available resources, support the state's authority to determine eligibility, the adequacy of provider rates and scope of benefits, and recognize the state's long-standing record of cost-containment. In addition, the Administration will work with Congress and other states to resolve longstanding, unreimbursed Medicaid claims owed to states associated with the delayed federal classification of certain permanent disability cases. Taken together, this federal support will help stabilize the nation's largest Medicaid program and its ability to preserve essential health services to low-income Californians. REVENUE ACCELERATIONS/FEES Major proposal previously included in the Governor's Budget but not adopted as part of the 2009 Budget Act is as follows: • $2.8 million—Veterans Homes Resident Fees. An increase of$2.8 million in fees collected from the residents of the Veterans Homes. Currently, residents pay fees on a percentage of income, up to a dollar cap, based on the level of care. This proposal would increase fees by removing the dollar cap, increasing the percentage for the Residential Care for the Elderly, and revise the fee structure for non-veteran spouses to more accurately reflect their share of cost. Major new proposals: • $610 million—Accelerate Estimated Payments. The May Revision proposes to accelerate payments into the 2009-10 fiscal year by increasing the amount of the estimated payment due for individuals and corporations in June from 30 percent of liability to 40 percent. • $40.1 million—Shift Department of Industrial Relations Major Programs to Fees. Increase employer fees to fund the Occupational Safety and Health program and the Labor Standards Enforcement program. The 2010-11 and ongoing General Fund cost reduction will be $61.8 million annually. Shifting these DIR programs to fee-support will enable the programs to receive the appropriate level of resources on a long-term basis to enhance enforcement efforts. As such, the Administration will submit legislation to repeal existing statutes that encourage frivolous lawsuits and inhibit job creation. 12 2.009-I0 MAY REVISION-GENERAL FUND PROPOSALS SUMMARY OF MAJOR SOLUTIONS BY CATEGORY • $336 million Transit Debt Service. "Spillover" revenues occur when revenue derived from sales taxes on gasoline is proportionately higher in relationship to revenue derived from all taxable sales, and generally reflect higher gas prices. Thus, this funding source would have otherwise gone to the State's General Fund. The May Revision includes an increase of$336 million in 2009-10, which will fund transit bond debt service costs. FUND SHIFTS Major new proposals: • $31 million—Child Welfare Services. Federally Subsidized Kinship Guardianship Assistance Payment Program. The recently enacted federal Fostering Connections to Success and Increasing Adoptions Act makes federal funding available for certain guardianship agreements that provide children who would otherwise be in the foster care system with a permanent and stable living arrangement with a relative family member. The Administration wrote to federal Health and Human Services Secretary Sebelius on May 13, 2009 requesting that federal guidance on this legislation be amended to allow California's 16,000 existing guardianship agreements in the Kinship-Guardianship Agreement Payment (KinGAP) program to also be eligible for federal funding. General Fund savings of up $31 million would result in 2009-10 if all cases are ultimately eligible for federal support. • $30 million—Fund Shift from the Fish and Game Preservation Fund. The May Revision proposes to offset General Fund expenditures by utilizing the balance in the Fish and Game Preservation Fund to support the Department of Fish and Game's programs. This proposal will provide one-time savings to the General Fund. • $24.9 million—CAL FIRE Interagency Agreement with the Legislature. The May Revision proposes to reflect General Fund savings of$12.5 million in 2008-09 and $24.9 million in 2009-10 in the Department of Forestry and Fire Protection's baseline fire protection program. These savings are anticipated based on interagency agreements with the Legislature. • $7 million—Shift Flood Protection Activities to Proposition 1E. The May Revision proposes to shift funding for floodplain evaluations and mapping and support for Delta levees to Proposition 1 E. General Fund support for these ongoing programs will need to be restored when bond funds become unavailable. 2.009-10 MAY REVISION-GENERAL FUND PROPOSALS 13 SUMMARY OF MAJOR SOLUTIONS BY CATEGORY OTHER Major new proposal: • $1 billion—Sell a Portion of the State Compensation Insurance Fund (SCIF). Seek a private entity to purchase a portion of SCI F's Book of Business, with the SCI remaining as the insurer of last resort. • $100 mil lion—Tranquilion Ridge Lease Approval. The May Revision proposes legislation authorizing the state to enter into a lease for the extraction of oil or gas from state-owned tide and submerged lands in the California Coastal area off the Santa Barbara coast known as Tranquillon Ridge. It is estimated that this proposal will generate $1.8 billion in advanced royalties over the next 14 years. BORROWING Major new proposal: • $6 billion—Issuance of Registered Reimbursement Warrants(RAWs). External cash borrowing will be needed during the 2009-10 fiscal year to cover the shortfall of cash due to the imbalance of spending and revenue collections. The May Revision proposes to cover $6 billion of this cash borrowing need through issuance of RAWs. This amount will be treated as an offset of 2009-10 expenditures on a budgetary basis. The total cash borrowing need, however, will be substantially more than $6 billion. Over the next few weeks, the Department of Finance will work with the State Controller and the State Treasurer to quantify the additional cash borrowing need and develop a strategy for addressing it. Assuming the passage of the budget balancing Propositions before the voters on May 19, the effect of the proposals listed above will address the budget gap and provide a modest reserve. Figure MPA-02 provides a budget summary with these proposals. MAY REVISION CONTINGENCY PROPOSALS Figure MPA-03 displays the contingency General Fund solutions for 2008-09 and 2009-10 proposed in the May Revision in the event that Propositions 1A, 1 B, 1 C, 1 D and 1 E fail on May 19. 14 2.009-I0 MAY REVISION-GENERAL FUND PROPOSALS Figure MPA-02 2009-10 May Revision Proposals General Fund Budget Summary With Budget Solutions (Dollars in Millions) 2008-09 2009-10 Prior Year Balance $2,308 -$4,248 Revenues and Transfers $85,947 $90,518 Total Resources Available $88,255 $86,270 Non-Proposition 98 Expenditures $58,195 $44,769 Proposition 98 Expenditures $34,308 $39,311 Total Expenditures $92,503 $84,080 Fund Balance -$4,248 $2,190 Reserve for Liquidation of Encumbrances $1,079 $1,079 Special Fund for Economic Uncertainties -$5,327 $1,111 Figure MPA-03 Recap by Category, May Revision Contingency Proposals (Dollars in Millions) Impact on GF Reserve 2008-09 Percentto and Prior 2009-10 Two-Year Total Reorganization/Consolidation $0.0 $0.0 $0.0 0.0% Program Savings 617.0 2,822.8 3,439.8 50.8% Cuts Requiring Federal Waivers 0.0 0.0 0.0 0.0% Revenue Accelerations/Fees 0.0 1,776.5 1,776.5 26.2% Fund Shifts 0.0 0.0 0.0 0.0% Other 0.0 78.3 78.3 1.2% Borrowing 0.0 1,482.0 1,482.0 21.9% Total $617.0 $6,159.7 $6,776.7 100.0% Change in Reserve(from$2 billion) -941.0 -941.0 Total with Change in Reserve $617.0 $5,218.7 $5,835.7 15 PROGRAM SAVINGS Major proposals previously included in the Governor's Budget but not adopted as part of the 2009 Budget Act are as follows: • $8.8 million-10-Percent Rate Reduction for All Drug Medi-Cal Treatment Modalities. This program funds substance abuse treatment services for Medi-Cal eligible individuals. Major new contingency proposals: • $182.1 million—Targeted Reductions in Prison Population. The Federal Government's State Criminal Alien Assistance Program (SCAAP) has historically underfunded the state's cost to incarcerate undocumented inmates housed in California's state prisons. Additionally, the new Administration is proposing to eliminate funding for the SCAAP and instead augment resources to enhance border security. In light of these factors, and given the continued and ever-growing fiscal difficulty facing the state, it is becoming progressively more challenging for the state to afford to incarcerate the number of inmates in state prison, including the approximately 19,000 undocumented immigrants in our prison system. As such, unless the state can begin receiving an appropriate amount of reimbursement from the SCAAP, the state will have to begin approving, as appropriate, applications for commutation of sentences submitted by undocumented immigrants in our prison system and having them immediately deported by Federal Immigration and Customs Enforcement. Targeted commutations would provide necessary savings during this unprecedented fiscal crisis. • $99.9 million—Change Sentencing Options for Low-Level Offenders. Eliminate the current sentencing options for specified crimes that may be treated either as felonies or misdemeanors, making them punishable by a jail term rather than state prison. This is proposed as a necessary cost savings measure that prioritizes the incarceration and rehabilitation of the most serious offenders. • $108 million—Eliminate Funding for Substance Abuse Treatment and Crime Prevention. As enacted, the Substance Abuse and Crime Prevention Act (SACPA) (Prop. 36) guaranteed state funding for only the first 5 years, 2001 through 2006. This proposal eliminates $108 million General Fund for SACPA ($90 million) and the Substance Abuse Offender Treatment Program ($18 million). • $24.6 million—HIV Education and Prevention. This program provides $24.6 million General Fund to local health jurisdictions to prevent HIV transmission, change attitudes and behavior related to HIV, and promote risk-reduction skills. 16 • $10 million—Maternal,Child and Adolescent Health Grants. This program provides $10 million General Fund to local health jurisdictions for services and programs to improve the health of mothers, infants, children, adolescents, and families. • $20.4 million—Domestic Violence Program. This program provides $20.4 million General Fund for 94 domestic violence shelter/centers providing emergency and other services to domestic violence victims and their children. Services include emergency shelter, transitional housing, legal advocacy, assisting with temporary restraining orders, counseling, and other support services. • $301.5 million—IHSS Cost Containment. This proposal would target services to the most vulnerable beneficiaries. Specifically, effective October 1, 2009, individuals who require minimal physical assistance from another person to perform an activity would no longer receive domestic and related services, and individuals needing only supervision from another person to perform an activity would no longer be eligible for IHSS services. • $13.9 million—Child Welfare Services—Reduce Certain Rates by Ten Percent. Reduce Group Home, Foster Family Agency, and Specialized Care and Clothing Allowance Rates by ten percent. • $70 million—Child Welfare Services—Reduce Program Funding by Ten Percent. Reduce the General Fund allocation to counties for Child Welfare Services by ten percent. Under this proposal, counties could prioritize remaining funds to protect the health and safety of children and their families, and appropriately address federal outcome requirements. • $49.9 million—Eliminate UC and CSU Outreach. This solution would eliminate $31.3 million for academic preparation and education programs at UC and $18.6 million for the CSU. These reductions would not impact core educational delivery to students. • $150 million—Unallocated Reduction to UC and CSU. This solution would reduce funding by $100 million for the CSU and by $50 million for the UC. These additional reductions are necessary to help balance the budget, but provide the segments the maximum flexibility to balance quality and access objectives. • $617 million in 2008-09 and $2.660 billion in 2009-10, which represents an overall incremental change of $2.3 billion over the two year period—Further Reduce Proposition 98 Funding. Proposition 98 funding would be reduced further to $49.1 billion in 2008-09 and $51.1 billion in 2009-10. However, we note that these 17 reductions would increase the federal State Fiscal Stabilization Fund provided to schools by$184 million. Specific proposals include: An additional one-time reduction of $617.3 million in 2008-09 to school district apportionments (revenue limits). An additional reduction of $475 million in 2009-10 to school district apportionments (revenue limits). Flexibility to reduce up to an additional two days beyond the initial five days of reduction of instructional time at local discretion, for a period of no more than three years. An additional deferral of $1.038 billion in revenue limit payments from the 2009-10 fiscal year to the 2010-11 fiscal year. An additional reduction of $112.4 million in 2009-10 to Community College categorical programs. An additional reduction of $68.7 million in 2009-10 to enrollment growth for Community College apportionments and categorical programs. If Proposition 1C is not enacted, the $965.6 million General Fund appropriation included in the measure would not be added to the Proposition 98 Guarantee in 2009-10 and education would continue receiving a share of lottery proceeds. • $54.5 million—Healthy Families—Roll Back Eligibility to 200 Percent of Federal Poverty Level. Roll back eligibility for Healthy Families to 200 percent of the federal poverty level (or the 1999-2000 level). Approximately 225,000 children would no longer receive health coverage through the program. • $25.5 million—Medi-Cal—Reduce Adult Day Health Care Program. Reduce the Adult Day Health Care optional benefit by limiting benefits to three days per week. • $2.9 million—Suspend Children's Dental Disease Prevention. This program offers $2.9 million General Fund for a comprehensive school-based prevention program based on need. The program operates in 31 counties serving approximately 300,000 California preschool and elementary school children annually. Need is based on the proportion of Free and Reduced School Lunch Program participation for each county. • $5.9 million—Eliminate State Funding for the California Poison Control System. This funding supports a statewide network of trained experts providing immediate free treatment advice and assistance to California citizens over the telephone in cases involving exposure to poisonous or hazardous substances. 18 SUMMARY OF MAJOR SOLUTIONS BY CATEGORY REVENUE ACCELERATIONS/FEES Major new contingency proposals: • $1.7 billion—Increase Withholding. The May Revision contingency plan proposes to accelerate payments into the 2009-10 fiscal year by increasing suggested withholding amounts by 10 percent. • $76 million—Partially Fund CAL FIRE and Local Response Agencies with Emergency Response Initiative Fee. The Governor's Budget proposed a 2.8 percent surcharge on all residential and commercial property insurance statewide to enhance the state's emergency response capabilities. The May Revision contingency plan proposes to increase the insurance surcharge to 4.8 percent to fund a portion of the Department of Forestry and Fire Protection's baseline firefighting operations and provide assistance to local first response agencies in support of the state's mutual aid system. Proposed enhancements to the state's emergency response capabilities will be delayed until 2010-11. It is estimated that the surcharge would average approximately $48 per insurance policyholder. • $0.5 million—Fee Increases at State Parks. This proposal would increase existing fees in popular parks and establish new fees in Old Town San Diego and Sonoma Coast State Beaches, which will be used to offset General Fund expenditures. When fully implemented, these fee increases will achieve $5.6 million in ongoing General Fund savings. OTHER Major new contingency proposals: • $18.3 million—Medi-Cal—Expand Revenue Base for Skilled Nursing Facility Rates. This proposal, would expand the amount of revenue on which the AB 1629 fee is assessed to include Medicare revenues. Under current law, skilled nursing facilities pay a fee to the state based on their revenues. The state uses the fee to draw down a like amount of federal funds, a portion of which is provided to nursing homes through Medi-Cal rate payments. The balance remains with the state. • $60 million—Shift Cigarette and Tobacco Products Surtax Funds to Medi-Cal. Redirect$60 million in Proposition 99 funds from county health, clinic, Breast Cancer Early Detection, Asthma, Major Risk Medical Insurance, and Access for Infants and Mothers programs, and rural health demonstration project and a consumer assessment project to offset costs in the Medi-Cal Program. 2.009-I0 MAY REVISION-GENERAL FUND PROPOSALS 19 BORROWING Major new contingency proposal: • $1.982 billion—Borrowing from Local Government. The May Revision contingency plan proposes to borrow eight percent of the property tax revenues received by cities, counties, and special districts in 2008-09 as authorized in Article XIII of Section 25.5 of the Constitution. Repayment must be made within the next three years. Legislation also is proposed to create a joint powers authority to allow local agencies to borrow against the state repayment as a group. • -$500 million—Reduce Size of Registered Reimbursement Warrants (RAWs). The contingency proposals include borrowing from the local governments from Proposition 1A. To limit the size of overall borrowing in the budget package in recognition of the loss of revenues in 2010-11, the overall contingency proposals will assume $5.5 billion of RAWs rather than $6.0 billion. In the event Propositions 1 A, 1 B, 1 C, 1 D, and 1 E fail on May 19, the above contingency proposals would become necessary to offset the additional budgetary loss. Figure MPA-04 is a budget summary with these additional proposals. Together with the primary May Revision proposals, the contingency plan would provide a reserve at approximately $2 billion. Figure MPA-05 displays all solutions for 2008-09 and 2009-10 as proposed in May Revision and the additional solutions in Contingency Proposals. Figure MPA-04 2009-10 May Revision Contingency Proposals General Fund Budget Summary With All Budget Solutions (Dollars in Millions) 2008-09 2009-10 Prior Year Balance $2,308 -$3,631 Revenues and Transfers $85,947 $92,218 Total Resources Available $88,255 $88,587 Non-Proposition 98 Expenditures $58,195 $48,804 Proposition 98 Expenditures $33,691 $36,652 Total Expenditures $91,886 $85,456 Fund Balance -$3,631 $3,131 Reserve for Liquidation of Encumbrances $1,079 $1,079 Special Fund for Economic Uncertainties -$4,710 $2,052 20 Figure MPA-05 Recap by Category of all May Revision and Contingency Proposals (Dollars in Millions) 2008-09 Percentto and Prior 2009-10 Two-Year Total Reorganization/Consolidation $0.0 $50.0 $50.0 0.2% Program Savings 2,637.0 6,362.4 8,999.4 42.2% Cuts Requiring Federal Waivers 0.0 750.0 750.0 3.5% Revenue Accelerations/Fees 0.0 2,765.4 2,765.4 13.0% Fund Shifts 12.5 92.9 105.4 0.5% Other 0.0 1,178.3 1,178.3 5.5% Borrowing 0.0 7,482.0 7,482.0 35.1% Total $2,649.5 $18,681.1 $21,330.6 100.0% Change in Reserve(from$2 billion) -52.0 -52.0 Total with Change in Reserve $2,649.5 $18,629.1 $21,278.6 21 ECONOMIC OUTLOOK ECONOMIC OUTLOOK The national and California recessions deepened considerably between November 2008, when the Governor's Budget forecast was constructed, and April 2009, when the May Revision forecast was developed. Monthly job losses grew sharply and became more widely dispersed across industries in California. Unemployment rose above 10 percent. Personal income and taxable sales fell in the fourth quarter of 2008. The national economy fared much the same—growing job losses, rising unemployment, falling personal income—and to top it off, steep declines in real GDP in the fourth quarter of 2008 and the first quarter of 2009 (Figure ECO-01). To recover, both economies will need improved credit availability. California's economy will also need a stronger national economy. On both fronts, a smattering of encouraging signs have been spotted recently. Most importantly, consumers are starting to spend more and conditions in a number of financial markets, including equity markets, have improved. Figure ECO-01 National Real GDP 6.0% Quarter-to-Quarter Growth, Annualized 4.0% 2.0% 0.0% -2.0% -4.0% -6.0% -8.0% 2005:01 2005:03 2006:01 2006:03 2007:01 2007:Q3 2008:Q1 2008:Q3 2009:Q1 Source: U.S. Bureau of Economic Analysis 2.009-I0 MAY REVISION—GENERAL FUND PROPOSALS 23 ECONOMIC OUTLOOK Output of both economies should begin to grow in the second half of 2009, but the recovery will likely be slow at first, with payroll employment continuing to fall and unemployment remaining high for perhaps six months. The outlook for the national economy is for negative growth in 2009, weak growth in 2010, and good growth in 2011: • Real GDP is projected to fall 3.5 percent in 2009, and grow 1.4 percent in 2010 and 3.5 percent in 2011, as compared to the 1.1-percent growth in 2008. • Nonfarm payroll employment is forecast to fall by 3.6 percent in 2009 and 0.8 percent in 2010 and grow 1.5 percent in 2011, as compared to a decline of 0.4 percent in 2008. The outlook for the California economy is also for negative growth in 2009 followed by weak growth in 2010, and better growth in 2011: • Personal income is projected to fall 1 percent in 2009; and grow 1.4 percent in 2010, and 3.9 percent in 2011, as compared to 2.5 percent in 2008. The projected decline in personal income is the first since 1938. • Nonfarm payroll employment is forecast to fall by 3.9 percent in 2009 and 0.9 percent in 2010 and grow 1.6 percent in 2011, as compared to a 1.2-percent decline in 2008. THE NATION The national economy contracted sharply in the fourth quarter of 2008 and the first quarter of 2009. The two quarter percentage decline in economic output was the largest since the first quarter of 1958. However, two favorable developments occurred in the first quarter of 2009: consumers began to spend more, and businesses worked off a large amount of unwanted inventories that had built up as the economy slowed during 2008. Consumer spending grew by over 2 percent in the first quarter after falling sharply in the third and fourth quarters of 2008. The paring of inventories brought them into better alignment with sales—something that needs to happen before a recovery can take hold. Recent consumer confidence surveys indicate that consumers are somewhat less pessimistic about the economy. The fiscal stimulus package should give consumer spending a boost in the coming months. The housing sector is showing some signs of stabilizing. Sales are up a bit, and the inventory of unsold new homes has fallen. Mortgage rates have fallen considerably since 24 2.009-I0 MAY REVISION-GENERAL FUND PROPOSALS ECONOMIC OUTLOOK last summer. Falling home prices along with lower mortgage rates have made housing more affordable, but the supply of mortgage credit remains tight. Unlike consumers, businesses are not yet ready to spend more. Spending for equipment and software by businesses fell at an annual rate of almost 30 percent in both the fourth and first quarters. Businesses will likely need to see additional positive signs coming from the economy before they increase capital spending. Similarly, exports will not likely contribute much to economic growth until mid-2010. After growing strongly for five years, exports fell sharply in the last two quarters as the economies of major trading partners weakened. Labor markets have not been a source of encouraging news. More than 5.7 million payroll jobs have been lost in the nation since December 2007, the beginning of the recession. While the average monthly loss has been almost 360,000 jobs, the losses have grown over time. The last six have averaged 656,000 per month. The national unemployment rate has risen quickly in the last year. In April 2009, it jumped 0.4 percentage point to 8.9 percent. In April 2008, it was 5 percent. A number of financial markets have improved in recent weeks, among them markets for short-term funding, including interbank markets and the commercial paper market. Concerns about credit risk in those markets appear to have receded somewhat, there is more lending at longer maturities, and interest rates have declined. In addition, the issuance of asset-backed securities (ABS) backed by credit card, auto, and student loans all picked up in March and April, and ABS funding rates have declined. Also, mortgage rates have fallen in response to the Federal Reserve's purchases of agency debt and mortgage-backed securities. And recently, bond issuance by nonfinancial firms has been relatively strong. CALIFORNIA The toll of the recession in California has been most visible in the labor markets. Payroll employment peaked in California in July 2007, five months earlier than in the nation. Since then employment has fallen by almost 730,000 jobs. And, as in the nation, monthly job losses were modest initially and then grew and became more widespread across industries over time. The six months ending in March 2009 accounted for five of the six biggest monthly payroll job losses in the official employment series, which began in January 1990 (Figure ECO-02). No major region was spared. No metropolitan statistical area or metropolitan division gained payroll jobs from March 2008 to March 2009. 2.009-I0 MAY REVISION-GENERAL FUND PROPOSALS 25 Figure ECO-02 California Nonfarm Payroll Employment 60,000 Month-over-Month Change 40,000 20,000 0 -20,000 o -40,000 -60,000 -80,000 -100,000 -120,000 -140,000 v v v o M v v v m o M v v 0 0 0 o b o -4 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 -4 -4 -4 _4 -4 -4 -4 -4 -4 -4 CO 0 0 0 0 0 0 0 0 0 0 0 0 0 Source: Employment Development Department,Labor Market Information Division California's unemployment rate rose quickly from 6.4 percent in March 2008 to 11.2 percent in March 2009. California personal income fell by an estimated 0.3 percent, taxable sales by 11.5 percent, and new vehicle registrations by 24 percent from the third quarter to the fourth quarter of 2008. Made-in-California exports fell by 5.9 percent from the fourth quarter of 2007 to the fourth quarter of 2008. High-tech exports fell by almost 17 percent. California's housing slump is showing signs of coming to an end. California home building fell for the fourth consecutive year in 2008. The number of units for which permits were granted was only 30 percent of the level in 2004, and few new homes were sold in 2008. But existing single-family detached home sales grew by 27 percent. Inventory of unsold new homes have been pared. 26 THE FORECAST Some positive signs have been seen in the national and California economies in the past month or two: monthly job losses have fallen in both the nation and California on occasion, consumers have begun to spend a little more, and conditions have improved in a few financial markets. The pace of contraction of both economies may have slowed. Jobs will continue to be lost and unemployment will continue to increase even after economic activity has begun to grow. The current national recession has entered its 17th month, making it the longest recession in the post-World War I I period. It will very likely become the deepest recession in that period before it is done. The recovery could be long and slow, and a relapse is possible. Another batch of possibly toxic mortgages will be resetting in 2010 and 2011. Nevertheless, both economies are projected to grow in 2010. (Figure ECO-03 and Figure ECO-04). Figure ECO-03 Selected U.S. Economic Indicators 2008 2009 2010 (Est.) (Projected) (Projected) Real gross domestic product,(2000 dollar)(Percent change) 1.1 -3.5 1.4 Personal consumption expenditures 0.2 -0.9 1.7 Gross private domestic investment -6.7 -24.0 8.2 Government purchases of goods and services 2.9 0.7 0.2 GDP deflator(2000=100)(Percent change) 2.2 1.5 1.0 GDP,(Current dollar)(Percent change) 3.3 -2.0 2.4 Federal funds rate(Percent) 1.93 0.14 0.21 Personal income(Percent change) 3.8 0.1 1.8 Corporate profits before taxes(Percent change) -15.3 -16.5 19.5 Nonfarm wage and salary employment(Millions) 137.0 132.1 131.0 (Percent change) -0.4 -3.6 -0.8 Unemployment rate(Percent) 5.8 9.1 10.2 Housing starts(Millions) 0.90 0.55 0.85 (Percent change) -32.6 -39.0 53.9 New car and light truck sales(Millions) 13.1 9.5 11.3 (Percent change) -18.4 -27.4 19.1 Consumer price index(1982-84=100) 215.3 213.7 217.9 (Percent change) 3.8 -0.7 2.0 Forecast based on data available as of April 2009. Percent changes calculated from unrounded data. 27 Figure ECO-04 Selected California Economic Indicators Projected Percent Percent Percent 2008 change 2009 change 2010 change Personal income($billions) 1,558.9 2.5% 1,542.7 -1.0% 1,564.3 1.4% Nonfarm W&S employment(thousands) 14,997.0 -1.2% 14,406.7 -3.9% 14,270.6 -0.9% Natural resources and mining 28.6 7.3% 28.8 0.8% 27.9 -3.2% Construction 787.6 -11.8% 665.7 -15.5% 649.0 -2.5% Manufacturing 1,424.5 -2.7% 1,339.8 -5.9% 1,295.3 -3.3% High technology 374.8 -0.5% 361.1 -3.7% 352.6 -2.3% Trade,transportation,&utilities 2,856.2 -1.9% 2,721.7 -4.7% 2,705.1 -0.6% Information 474.0 0.7% 450.8 -4.9% 448.1 -0.6% Financial activities 852.2 -5.8% 804.7 -5.6% 791.7 -1.6% Professional and business services 2,243.4 -0.9% 2,157.8 -3.8% 2,139.9 -0.8% High technology 323.1 5.3% 325.0 0.6% 320.7 -1.3% Educational and health services 1,724.1 3.2% 1,750.7 1.5% 1,787.7 2.1% Leisure and hospitality 1,571.9 0.7% 1,542.5 -1.9% 1,567.0 1.6% Other services 515.2 0.6% 507.8 -1.4% 510.1 0.4% Government 2,519.3 1.0% 2,436.4 -3.3% 2,348.8 -3.6% Unemployment rate 7.2% 11.1% 12.0% Housing permits(thousands of units) 65 -42.5% 49 -24.4% 85 74.9% Consumer price index(1982-84=100) 224.8 3.4% 223.8 -0.4% 229.3 2.4% Forecast based on data available as of April 2009. Percent changes calculated from unrounded data. 28 REVENUE ESTIMATES REVENUE ESTIMATES General Fund revenues are expected to be $85.947 billion in 2008-09 and $92.218 billion in 2009-10. The 2009-10 revenue estimate includes $3.413 billion in revenue solutions -$610 million from accelerating personal income tax and corporation tax estimated payments, $2.8 million from revising veteran homes member fees, $100 million from the approval of the Tranquillon Ridge oil lease, and $1.0 billion from the sale of a portion of State Compensation Insurance Fund (SCIF) operations. If the budget balancing measures on the May 19 ballot are defeated, revenue solutions would be augmented with $1.7 billion from increasing personal income tax wage withholdings by 10 percent. Baseline General Fund revenues are expected to be below the 2009 Budget Act by $3.4 billion in 2008-09 and $8.9 billion in 2009-10. Additionally, prior year revenues are adjusted down by $52 million for a three-year decrease of$12.4 billion. The Budget Act revenue forecast had been based on data through November 2008. Since that time, the global, national, and state economies have weakened substantially and revenue collections have reflected these negative conditions. Preliminary agency cash collections through April were $2.6 billion —or 3.5 percent— below forecast. Thus, revenues are now expected to decline by 3.8 percent in 2008-09, and another 9.1 percent in 2009-10. Figure REV-01 displays the forecast changes between 2009 Budget Act and May Revision. PERSONAL INCOME TAX The baseline personal income tax forecast has been reduced by$1.5 billion 2008-09 and by$4.4 billion in 2009-10. The 2008-09 decrease is due to weakness in the final payments tied to 2008 tax year liabilities as well as the first estimated payment for the 2009 tax year. Through April, net General Fund cash receipts were $1.2 billion below the 2009 Budget Act forecast. The May Revision forecast estimates that capital gains income declined by 60 percent in 2008 and will fall by another 30 percent in 2009, which reflects weakness in stock market and real estate prices. In addition, personal income reductions reflect softness in across-the-board U.S. and California economic growth — in particular, wages, interest, dividends, and business income. The personal income tax forecast for 2009-10 includes $1.95 billion in revenue solutions -$250 million from increasing the estimated payment requirement for the second estimated payment from 30 percent to 40 percent and, if budget balancing measures on 2.009-I0 MAY REVISION-GENERAL FUND PROPOSALS 29 Figure REV-01 2009-10 May Revision General Fund Revenue Forecast Summary Table Reconciliation with the 2009-10 Budget Act (In millions) Budget Baseline Change Policy Source Act Forecast Between Forecasts Proposals Total Fiscal 07-08 Personal Income Tax $54,234 $54,182 -$52 -0.1% 0 $54,182 Sales&Use Tax 26,613 26,613 0 0.0% 0 $26,613 Corporation Tax 11,849 11,849 0 0.0% 0 $11,849 Insurance Tax 2,173 2,173 0 0.0% 0 $2,173 Alcoholic Beverage 327 327 0 0.0% 0 $327 Cigarette 110 110 0 0.0% 0 $110 Other Revenues 6,031 6,031 0 0.0% 0 $6,031 Transfers 1,237 1,237 0 0.0% 0 $1,237 Total $102,574 $102,522 -$52 -0.1% $0 $102,522 Fiscal 08-09 Personal Income Tax $46,792 $45,275 -$1,517 -3.2% 0 $45,275 Sales&Use Tax 26,332 24,612 -1,720 -6.5% 0 $24,612 Corporation Tax 10,197 9,783 -414 -4.1% 0 $9,783 Insurance Tax 1,831 2,041 210 11.5% 0 $2,041 Vehicle License Fees 346 360 14 4.0% 0 $360 Alcoholic Beverage 355 326 -29 -8.2% 0 $326 Cigarette 113 104 -9 -8.0% 0 $104 Other Revenues 2,326 2,398 72 3.1% 0 $2,398 Transfers 1,081 1,048 -33 -3.1% 0 $1,048 Total $89,373 $85,947 -$3,426 -3.8% $0 $85,947 Change from Fiscal 07-08 -$13,201 -$16,575 %Change from Fiscal 07-08 -12.9% -16.2% Fiscal 09-10 Personal Income Tax $51,237 $46,886 -$4,351 -8.5% $1,950 $48,836 Sales&Use Tax 30,221 27,583 -2,638 -8.7% 0 $27,583 Corporation Tax 10,445 8,439 -2,006 -19.2% 360 $8,799 Insurance Tax 1,798 1,913 115 6.4% 0 $1,913 Vehicle License Fees 1,692 1,657 -35 -2.1% 0 $1,657 Alcoholic Beverage 370 332 -38 -10.3% 0 $332 Cigarette 111 102 -9 -8.1% 0 $102 Other Revenues 1,682 1,711 29 1.7% 1,103 $2,814 Transfers 172 182 10 5.8% 0 182 Total $97,728 $88,805 -$8,923 -9.1% $3,413 $92,218 Change from Fiscal 08-09 $8,355 $2,858 $6,271 %Change from Fiscal 08-09 9.3% 3.3% 7.3% Three-Year Total -$12,401 -$8,988 *Includes$1.7 billion as an additional revenue solution if budget balancing measures on the May 19 ballot are defeated the May 19 ballot are defeated, $1.7 billion from increasing wage withholding payments by ten percent for tax years beginning on and after 2010. The estimated payment proposal would also reduce the number of required estimated payments from four to three. The third estimated payment would be due on the fifteenth day of the month 30 REVENUE ESTIMATES following the end of the tax year, generally January. This change in payment timing will be better for taxpayers in present value terms. SALES AND USE TAX The sales and use tax forecast has been reduced by $1.7 billion in the current year and $2.6 billion in the budget year. Through April, sales tax receipts are $792 million below the 2009 Budget Act forecast. The current year reduction is due primarily to lower disposable income, weakness in cash receipts and a higher transfer to transportation funds resulting from higher gasoline and diesel prices than expected. The budget year reduction is due to a reduced forecast for disposable income, higher unemployment, weak auto sales, and a higher transfer to transportation funds. CORPORATION TAX The baseline corporation tax forecast has been decreased by $414 million for the current year and $2 billion for the budget year. Through April, corporate agency cash was $546 million below the 2009 Budget Act forecast. The weakness is primarily attributed to weaker-than-expected corporate profits. The corporation tax forecast for 2009-10 includes $360 million from increasing the estimated payment requirement for the second estimated payment from 30 percent to 40 percent. The estimated payment proposal would also reduce the number of required estimated payments from four to three. The third estimated payment would be due on the fifteenth day of the last month of the tax year. INSURANCE TAX The insurance tax forecast has been increased by $210 million in the current year and by $115 million in the budget year. The revenue increases are primarily due to 2008 liability being higher than a sample of insurance companies had indicated in a survey taken in the fall of 2008. At that time, it was estimated that 2008 premiums would decline by 7 percent. It now appears that premiums grew by about 0.5 percent. Thus, the higher level of premiums largely accounts for the increase in revenues over the two years. 2.009-I0 MAY REVISION-GENERAL FUND PROPOSALS 31 REVENUE ESTIMATES OTHER REVENUES AND TRANSFERS The baseline forecast for all other revenues and transfers has been increased by $15 million in 2008-09 and decreased by $43 million in 2009-10. This forecast includes vehicle license fees, Alcoholic Beverage Taxes, Tobacco Taxes, and all minor revenues and transfers. The forecast for other revenues and transfers for 2009-10 includes $1.103 billion in revenue solutions-$2.8 million from revising veteran homes member fees, $100 million from the approval of the Tranquillon Ridge lease, and $1.0 billion from the sale of a portion of SCIF operations. Additionally, the May Revision includes special fund fee increases to offset General Fund costs, including an increase of employer fees by $40.1 million to fund the Occupational Safety and Health program and the Labor Standards Enforcement programs in the Department of Industrial Relations and a 4.8-percent surcharge on insurance premiums generating $120 million in 2009-10 and $480 million ongoing to offset of costs at Cal FIRE, Cal EMA and the Military Department. PROPERTY TAX Statewide property tax revenues are forecast to grow by 2.3 percent in 2008-09, and decrease by 4.1 percent in 2009-10. The 2009-10 Governor's Budget forecast the respective growth rates at 4.4 percent and 0.3 percent. Input from county assessors throughout the state was solicited when developing these revised estimates. Consideration also was given to the steep declines in median sales prices for residential properties in 2008 (property tax revenue in a given fiscal year is based on the January 1 lien date which, in turn, derives value from activity in the preceding calendar year). These declines in 2008 sales prices will drive reductions in the 2009-10 assessed values of neighboring properties. The state budget reflects about 35 percent of property taxes as a funding source for K-14 education. Current year allocations to school and community college districts have been reduced by$303 million from the Governor's Budget forecast and 2009-10 allocations are projected to be reduced by$1.006 billion. 32 2.009-I0 MAY REVISION-GENERAL FUND PROPOSALS EXECUTIVE OFFICE Michael C. Genest Director of Finance (916) 445-4141 Ana J. Matosantos Thomas L. Sheehy Chief Deputy Director, Budget Chief Deputy Director, Policy (916) 445-9862 (916) 445-8610 Fred Klass Jennifer K. Rockwell Chief Operating Officer Chief Counsel (916) 445-4923 (916) 324-4856 Miriam B. Ingenito H.D. Palmer Deputy Director, Legislation Deputy Director, External Affairs (916) 445-8610 (916) 323-0648 BUDGET PROGRAM AREAS Revenue Forecasting; Economic Projections; Demographic Data; Business,Transportation, and Housing; Local Government Mark Hill, PBM* . . . . . . . . . . . .(916) 322-2263 Education Jeannie Oropeza, PBM . . . . . .(916) 445-0328 Health and Human Services Lisa Mangat, PBM . . . . . . . . . .(916) 445-6423 Corrections and Rehabilitation,Judicial, Justice, General Government, State and Consumer Services Todd Jerue, PBM . . . . . . . . . . .(916) 445-8913 Resources, Energy, Environment, Capital Outlay Karen Finn, PBM. . . . . . . . . . . .(916) 324-0043 Employee Relations, Retirement Systems, Departmental Administration, Local Mandates, Audits and Evaluations, Information Technology Consulting Diana L. Ducay, PBM . . . . . . . .(916) 445-3274 Budget Planning and Preparation, Cash Management, Statewide Issues, CALSTARS, FSCU Veronica Chung-Ng, PBM. . . .(916) 445-5332 Financial Information System for California Titus Toyama, PE** . . . . . . . . .(916) 445-8918 *Program Budget Manager **Project Executive 2.009-I0 MAY REVISION—GENERAL FUND PROPOSALS 33 ITEM NO. 2.2 AGENDA REPORT Meeting Date: May 21 , 2009 Subject: Plan for Obtaining Future State and Federal Grants - Townsend Public Affairs ATTACHMENTS: Name: Description: Type: Continuation of Services FY 09-10.doc Report Report(s) Tonseno PUBLIC AFFAIRS, INC. MEMORANDUM To: Ken Vecchiarelli, General Manager Yorba Linda Water District From: Christopher Townsend, President Heather Dion, Director Date: May 14, 2009 Subject: Continuation of Services for FY 09-10 Our team has greatly enjoyed the privilege of representing the Yorba Linda Water District over the past three years in an ongoing effort to identify and secure funding opportunities for the District's priority capital projects. These efforts have ranged from federal appropriations and authorizations to state agency grants and work with regional entities such as the Metropolitan Water District. We would propose to continue our work with the YLWD and expand our scope of services to provide legislative services and advocacy to the District, as well as explore new opportunities related to parks funding for many of the District's reservoir sites that are currently underutilized as open space or recreational areas. This proposal seeks to include new opportunities related to the federal stimulus package for funding being funneled through the State's Revolving Loan Fund Program, and energy efficiency funding through the U.S. Department of Energy and California Energy Commission. In addition, there are non-stimulus funding opportunities forthcoming such as the State's Proposition 84 Integrated Regional Water Management Program, Department of Water Resources Water Use Efficiency Programs, and the Department of Parks and Recreation Proposition 84 Parks Funding program. Lastly, TPA has an outstanding reputation in Sacramento and at the District level for our advocacy and legislative services. In the past, TPA has only provided generalized updates to YLWD on legislative and budget matters. We would propose providing specialized advocacy services especially for the District related to priority legislative issues (i.e. water conservation mandates), and specific budget related matters involving the potential Proposition 1A provisions that allow the State to borrow against local government property taxes. Below you will find a summary of opportunities that are forthcoming in FY 09-10 and how TPA can best represent YLWD on these matters. FY 09/10 Funding Opportunities Federal Stimulus Package — Clean Water Program and Safe Drinking Water Program The Federal Stimulus Bill, H.R. 1, was passed in February 2009 and included a significant amount of funding for water related infrastructure projects. Of the funding included in H.R. 1, $280 million was allocated to California for the Clean Water Program administered by the State Water Resources Control Board. Another $160 million was allocated to the State for the Safe Drinking Water Program administered by the Department of Public Health. Both entities did a pre-application phase this spring and the statewide response was overwhelming totaling well over $3 billion dollars between both programs. Currently, the Department of Public Health and has announced a call back of 76 projects across the state, totaling $150 million, that will have the opportunity to proceed to the next round to submit full applications to be considered for funding. The State Water Resources Control Board has not gotten that far in their process, and is asking applicants who submitted pre-applications to proceed with the full application process to be considered for funding. There is not a deadline to proceed with the full application process through the State Board, but rather more of a first-come-first-serve basis type of process. TPA would encourage the District to use our expertise during this full application process, which includes managing the full application process and the collection of the necessary documentation. TPA will also assist the District in garnering support for the District's projects with members of the State Delegation, the County and other stakeholders involved in the stimulus funding such as the Orange County Business Council. While this is a competitive process and much of the decision making is based on the merits of projects as well as project readiness, there is a advocacy effort needed to ensure that projects stand out from the rest and get the attention needed to make an impression on the State Board staff as they rank projects and consider funding needs. In addition to the funding allocated through H.R. 1, Congress is currently considering amending the regulations to allow State's to permanently offer State Revolving Loan Fund money in the form of negative interest loans or principal forgiveness, which would allow YLWD to apply for funding in future years for projects such as Hidden Hills Reservoir, replacement of water lines and other capital infrastructure needs identified by the District. TPA believes the current and future opportunities involving the Clean Water and Safe Drinking Water funds are ideal for many of YLWD's capital projects and would encourage the District to utilize our expertise in managing the application process as well as the advocacy process in seeking funding from both these sources. Federal Stimulus— Competitive Energy Funding The Federal Stimulus Package appropriated $400 million in competitive energy funding to the Department of Energy (DOE) to distribute in the form of grants. The primary focus of this funding source is aimed at projects that reduce energy, green house gases, are shovel ready and have multiple benefits (i.e. energy reduction and water conservation) DOE has not made a call for projects or released the guidelines to compete for these funds, but an announcement is expected sometime this summer, most likely in late June. TPA would encourage the District to utilize our services during this process as we have been working with other agencies in submitting their applications to DOE for the formula energy funds that cities and counties were directly allocated for stimulus funding. We are very familiar with this process and have the expertise and knowledge to craft an application for the District that will be highly competitive. In addition the California Energy was also authorized a direct funding allocation from the stimulus package in the amount of $45 million. The focus of this funding will also be aimed at energy reduction projects that are shovel ready and have multiple benefits. Proposition 84 -Integrated Regional Water Management Program Proposition 84 included $1 billion in statewide funding for the Integrated Regional Water Management Program (IRWMP). In the Santa Ana Region, which YLWD is a part of, approximately $114 million was allocated for projects. The Santa Ana Water Project Authority is taking the lead on the call for projects in the Santa Ana Region and will be the coordinator of all projects submitted for the funding. TPA believes that YLWD should be an active participate in the planning process and submit projects for funding once there is a call for projects sometime this summer. TPA can assist the District with this effort, meeting with the SAWPA staff to best craft a competitive application, and the on-going advocacy efforts with members of the SAWPA board and the SAWPA IRWMP Steering Committee, and in particular those members who represent Orange County so they can advocate on the District's behalf during the prioritization process. In addition, YLWD should be participating in the County of Orange's North County Plan and the Governance Process. TPA can help the District work with the County to integrate capital projects into the plan and the on- going advocacy necessary to compete through the process. Proposition 84 - Parks Funding In November 2006, voters passed Proposition 84 which totaled $5.38 billion. Of that total, there was $400 million included for active use and recreational park facilities. To date none of the $400 million has been allocated. However, the Department of Parks and Recreation (DPR) has finalized the grant guidelines and plans to release the application for this funding opportunity once the budget is passed this summer. There is likely to be two rounds of funding. TPA has brought this opportunity to the YLWD because of the interest the District has had in creating park space over District owned water reservoirs. TPA has analyzed the opportunity and believes it would be a good fit for the grant application. There is a maximum grant award of $5 million per applicant for each round of funding available. One of the advantages that Yorba Linda Water District has is the creative land use and unlimited potential in creating a brand new park (which scores the highest in the ranking criteria) above the District's buried concrete reservoirs. As we discussed, there are going to be two rounds of funding and the applications will be highly competitive. An important factor when considering the competition is what will make our application or applications stand out amongst others. TPA believes that highlighting and maximizing the efficient use of existing space, like creating a park above a buried concrete reservoir will be one of the few, if not only, in the State and will greatly help our scoring. Whereas the Prop 84 Parks funding is for new or remodeled parks and providing youth and seniors with outdoor recreational opportunities, there are also segments of the application and guidelines which stress outdoor learning opportunities and sustainable designs. Again, here is another area where YLWD can stand out among other applications. As the state faces another drought and the shifting mind set of incorporating earth sciences into the ongoing education of our youth, we have the opportunity to incorporate elements into the new park which includes, and will score well, sustainable design, water demonstration/conservation elements, energy conservation incorporated into the passive or active uses of the park, and their potential outdoor educational aspects of the projects. Specific Areas to Highlight/Consider for funding: In reviewing the list of YLWD potential projects/lists of sites, TPA believes the two best locations are: 1. Plumosa Office, 4622 Plumosa Drive 2. Highland Reservoir/Booster Pump station, 5252 '/ Highland Avenue This is based on meeting the criteria of serving a park poor community and it is also based on the lowest median income of all of YLWD's potential project sites. There is also the potential for an application for the: 3. Fairmount Reservoir/Booster Pump Station, 4150 '/ Fairmount Blvd. State Advocacy— Legislation and Budget Issues One of TPA's areas of expertise is advocacy related to legislative, policy, regulatory and budgetary matters. We would propose expanding our scope of services for FY 09/10 to include managing the District's legislative matters. This effort would entail monitoring and tracking of legislation, legislative analysis, letter writing, in-person advocacy, and providing comprehensive legislative summaries for the Board of Directors and staff on priority legislation including a monthly matrix summarizing the legislation. In addition, TPA has extensive experience with the details of the Prop 1A property tax provisions and is working with statewide organizations, as well as individual cities of policies to help protect enterprise special district from inequitable property tax shifts, should the state decide to invoke the Prop 1A provisions. TPA would be pleased to expand our scope of services and offer these services to the District as a part of our existing contract. ITEM NO. 2.3 AGENDA REPORT Meeting Date: May 21 , 2009 Subject: Report on Legislative Activities - Sacramento Advocates ATTACHMENTS: Name: Description: Type: YLWD Report 51309.doc Monthly Report Report(s) Barry S. Brokaw Donne Brownsey Sacramento Advocates, Inc. Cassie Gilson **** A California based Public Affairs and Governmental Relations Firm Sen. Dan Boatwright(Ret.) General Counsel 1215 K Street, Suite 2030 ❑ Sacramento, CA 95814 **** Phone (916) 448-1222 ❑ Fax (916) 448-1121 Sen. Mike Machado (Ret.) Consultant To: YLWD Board of Directors From: Barry Brokaw Re: State Capitol Update Date: Mav 14, 2009 Overview The Fiscal Meltdown Continues.... There seems to be no end to the revenue slide the State finds itself in, the result of the continued deep recession gripping California, the tremendous decline in personal income tax revenues, corporate taxes and the sales taxes, and the structural deficit that policy makers are unwilling to politically confront. My April report cited the new $8 billion deficit the state was facing just weeks after passing a 17-month state budget bill approved by the Governor and the Legislature in late February. That deal "balanced" the then-$42 billion budget deficit through $12 billion in new taxes (primarily hikes in sales, income and car registration taxes/fees), $18 billion in spending cuts, and $12 billion in borrowing and shifting of revenues. The deal was very divisive, garnering just three Republican votes in each legislative house, and has resulted in the attempted recall of four Republican lawmakers and the ousting of the Senate and Assembly Republican leaders who cut the deal. Of course, much of the borrowing and shifting must be approved in the Special Election to be held May 19th. Included in that ballot will be a cap on state spending growth; a decision on whether the increased taxes should be for two or four years; borrowing from the state lottery, and redirecting funds from mental health programs and early childhood education. If the redirection and borrowing fail, we can add another $6 billion to the new deficit, which the non-partisan Office of the Legislative Analyst currently pegged this week at $17 billion and the Department of Finance says is $15.3 billion. So, figure on the state having to deal with a deficit of between $21 and $23 billion this time come May 20, if the budget propositions fail, and public as private polls strongly suggest. So, a state General Fund Budget that was $103 billion in 2007-08 and is now $92 billion, will be significantly whacked again, with many voter-locked in spending programs threatened with suspension. Local Government Proposition 1A Property Tax Revenues Clearly at Risk th The Governor has already slowly dripped out the budget cuts he is contemplating after May 19 Included are deep hits to K-12 education; further health and welfare cutbacks; early release of aging, but non-violent, state prison inmates; and a suspension of local government-protecting Proposition IA. The Governor has indicated he plans to borrow as much as $2 billion from local government property tax revenues, which would have to be paid back, in full, with interest, within three years. The State Treasurer is very concerned about his ability to sell state bonds under these conditions, and he and other state officials are currently seeking federal guaranteed backing for our bonds. Water Bond, Storage, Convevance and Delta levee rehabilitation Serious discussions are on hold, pending budget issue outcomes, on a major water bond, including above-ground storage, new conveyance, and a Delta levee rehabilitation program. The discussions include the Democratic and Republican leaders of the Legislature and the Governor. The new Senate Leader, President Pro Tempore Darrel Steinberg (D-Sacramento), is very desirous of producing a major bond bill this legislative session, which could be placed on the 2010 statewide ballot. This has been a top priority of the Governor, U.S. Senator Dianne Feinstein, and the Republican leadership for some time. None of the proposed bonds moved forward in time to meet committee passage deadlines, but the Steinberg and Huffman bills from each house may emerge in new form later in the session. Legislation of Interest Bill introduction has generally concluded for the year(urgency bills and non-controversial "committee bills" may still be introduced), and it appears Members were not deterred from introducing legislation. In all, nearly 2,500 bills and proposed constitutional amendments have been introduced. Among those of interest to YLWD may be the following: AB 28 (Jeffries) Natural gas engines: water movement: emissions limitation requirements. (A-04/13/2009 html pdf) Summary: Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. This bill would require any requirement imposed by an air pollution control district, an air quality management district, or other local agency or local regulatory body relating to emissions limitations on, or imposing monitoring, testing, inspection, maintenance, or reporting requirements relating to emissions caused by, the use of a natural gas engine, as defined, to comply with prescribed requirements . Note: This bill would be very helpful for special districts in the South Coast Air Quality Management District, but there was massive opposition to this regulatory carve out by all the major air quality districts in Ca. The bill was defeated on a party line vote, but was granted reconsideration. Air quality regulatory carve out bills always face a tough time from this Legislature. Status: 05/04/2009-In committee: Set first hearing. Failed passage. R -Likely DEAD. AB 450 (De La Torre) Recycled water: oil refineries. (A-04/21/2009 html pdf) Summary: Existing law declares that the use of potable domestic water for various nonpotable uses is a waste or an unreasonable use of water, and prohibits a person or public agency from using water from any source of quality suitable for potable domestic use for various nonpotable purposes, including cemeteries, golf courses, parks, highway landscaped areas, and industrial and irrigation uses, if suitable recycled water is available. This bill would declare that the use of potable domestic water for oil refineries is a waste or unreasonable use of water, if certain requirements are met. The bill would additionally prohibit a person or public agency from using potable water for oil refinery purposes, if certain requirements are met. The bill would state that it is the intent of the Legislature to provide incentives to facilitate compliance with these provisions. These provisions would become operative on January 1, 2020. Note: Do we have any oil refineries within the service area, and if so, do they receive potable water? Status: 04/29/2009-From committee: Do pass, and re-refer to Com. on APPR. Re- referred. (Ayes 10. Noes 2.) (April 28). AB 969 (Calderon, Charles) Recycled water. (I-02/26/2009 html Pdf) Summary: Existing law, the Water Recycling Act of 1991, establishes a statewide goal to recycle a total of 700,000 acre-feet of water per year by the year 2000 and 1,000,000 acre-feet of water per year by the year 2010. The act requires, to the extent that specified funds are made available, the Department of Water Resources to identify and report to the Legislature on opportunities for increasing the use of recycled water and constraints and impediments to increasing the use of recycled water. The act requires the department to convene a task force, known as the 2002 Recycled Water Task Force, to advise the department in implementing the report requirement. Existing law requires the department and the task force to report to the Legislature no later than July 1, 2003. This bill would repeal the report and task force requirements. The bill would change the statewide goal for recycled water to an unspecified number of acre-feet of water per year by the year 2020. The bill also would make changes to findings and declarations under the act. Note: This bill was a spot bill. It never developed. It is DEA r Status: 05/01/2009-Failed Deadline pursuant to Rule 61(a) (2). (Last location was W.,P. & W. on 03/26/2009) AB 1187 (Huffman) Safe, Clean, Reliable Drinking Water Supply Act of 2010. (I- 02/27/2009 html pdf) Summary: Under existing law, various measures have been approved by the voters to provide funds for water protection, facilities, and programs. This bill would enact the Safe, Clean, Reliable Drinking Water Supply Act of 2010 which, if approved by the voters, would authorize, for the purposes of financing specified water supply reliability and water source protection programs, the issuance of bonds in the amount of$10,035,000,000 pursuant to the State General Obligation Bond Law. This bill contains other existing laws. Note: A water bond proposal coming from the chairman of the Assembly Water Committee. Chairman Huffman was formerly a staff lawyer with the Natural Resources Defense Council. Status: 05/01/2009-Failed Deadline ursuant to Rule 61(a) (2). (Last location was W., P. & W. on 03/26/2009). AB 1366 (Feuer) Residential self-regenerating water softeners. (I-02/27/2009 html pf) Summary: Existing law requires the State Water Resources Control Board to formulate and adopt state policy for water quality control. California regional water quality control boards are required to establish water quality objectives in water quality control plans. Under existing law, a local agency, by ordinance, may limit the availability, or prohibit the installation, of residential water softening or conditioning appliances that discharge to the community sewer system if the local agency makes certain findings and includes them in the ordinance. This bill would authorize any local agency that maintains a community sewer system within specified areas of the state to take action, by ordinance or resolution and after a public meeting, to control salinity inputs from residential self-regenerating water softeners to protect the quality of the waters of the state, if the appropriate regional board makes a finding that the control of residential salinity input will contribute to the achievement of water quality objectives. The bill would state related findings and declarations of the Legislature, including findings and declarations concerning the need for special legislation. Note: The regulation of water softeners is back before the Legislature again this year. Status: 04/29/2009-From committee: Do pass, and re-refer to Com. on APPR. Re- referred. (Ayes 11. Noes 2.) (April 28). AB 1465 (Hill) Urban water management planning. (A-04/21/2009 html Pdf) Summary: Existing law requires every urban water supplier to prepare and adopt an urban water management plan, in accordance with specified requirements, for submission to the Department of Water Resources and other entities. An urban water supplier is required to provide information relating to the supplier's water demand management measures. This bill would revise provisions relating to the information that the urban water supplier is required to include in the plan with regard to water demand management measures. The bill would require the urban water supplier to describe in the plan the opportunities for development of recycled water supplies, including opportunities for nonpotable and indirect potable reuse, and the opportunities for stormwater recapture and reuse as a long-term water supply. This bill contains other related provisions and other existing laws. Note: This is a still developing water management plan bill coming from a freshman member from San Mateo County. Status: 04/29/2009-From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 13. Noes 0.) (April 28). SB 301 (Florez)Water Supply Reliability and Ecosystem Recovery and Restoration Act of 2009. (I-02/25/2009 html pdf) Summary: Under existing law, various measures have been approved by the voters to provide funds for water protection, facilities, and programs. This bill would enact the Water Supply Reliability and Ecosystem Recovery and Restoration Act of 2009, which, if approved by the voters, would authorize, for the purposes of financing specified water supply reliability and ecosystem recovery and restoration programs, the issuance of bonds in the amount of$15,000,000,000 pursuant to the State General Obligation Bond Law. The bill would provide for submission of the bond act to the voters at the next statewide election. This bill contains other related provisions. Note: This is a proposed $15 billion water bond (the most expensive offered this year), by the Senate Majority Leader,who represents Fresno and Kern Counties. His problem is the Senate President Pro Tempore, the number one Senator, also has a water bond proposal. Status: 05/01/2009-Failed Deadline pursuant to Rule 61(a) (2). (Last location was N.R. & W. on 03/09/2009). DX AD S— (Cogdill) Safe, Clean, Reliable Drinking Water Supply Act of 2009. (I- 02/25/2009 html pdf) Summary: Under existing law, various measures have been approved by the voters to provide funds for water protection, facilities, and programs. This bill would enact the Safe, Clean, Reliable Drinking Water Supply Act of 2009 which, if approved by the voters, would authorize, for the purposes of financing specified water supply reliability and water source protection programs, the issuance of bonds in the amount of$9,980,000,000 pursuant to the State General Obligation Bond Law. The bill would provide for the submission of the bond act to the voters at the next statewide election. This bill contains other related provisions. Note: The former Senate Republican Leader,who was ousted by GOP Senators as part of the budget drama, has been the lead Senate Republican on the water bond/storage effort. Status: 05/01/2009-Failed Deadline pursuant to Rule 61(a)(2). (Last location was N.R. & W. on 03/09/2009). IWAD SB 456 (Wolk) Safe, Clean, Reliable Drinking Water Supply Act of 2010. (I- 02/26/2009 html pdf) Summary: Under existing law, various measures have been approved by the voters to provide funds for water protection, facilities, and programs. This bill would enact the Safe, Clean, Reliable Drinking Water Supply Act of 2010 which, if approved by the voters, would authorize, for the purposes of financing specified water supply reliability and water source protection programs, the issuance of bonds in the amount of$9,805,000,000 pursuant to the State General Obligation Bond Law. This bill contains other related provisions. Note: Another water bond bill by a Senator representing the San Joaquin River Delta. Status: 05/01/2009-Failed Deadline pursuant to Rule 61(a) (2). (Last location was N.R. & W. on 03/12/2009). _ SB 565 (Pavley)Water recycling. (A-05/04/2009 html pdf) Summary: Existing law establishes the State Water Resources Control Board and the California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law requires specified persons who discharge waste, as defined, in a manner that could affect the quality of the waters of the state, to pay an annual fee to the state board according to a fee schedule established by the board. This bill would require the board, in consultation with the Department of Water Resources and the State Department of Public Health, to develop a plan to ensure that at least 50% of wastewater that is annually discharged into the ocean, as of the year 2009, is recycled and put to beneficial use by the year 2030. The bill would prescribe various requirements with respect to that plan. The bill would require the board to impose a fee on each person discharging wastewater into the ocean and would require that fee to be deposited into the Ocean Discharge Recycling Fund, which the bill would establish. The bill would authorize the board to expend the moneys in that fund, upon appropriation by the Legislature, for the purposes of carrying out the wastewater recycling plan. Note: This bill would charge a fee to a person who is discharging waste water into the ocean. Status: 05/08/2009-Set for hearing May 18. SB 735 (Steinberg) Safe, Clean, and Reliable Drinking Water Supply Act of 2010. (I-02/27/2009 html pdf) Summary: Under existing law, various measures have been approved by the voters to provide funds for water supply and protection facilities and programs. This bill would enact the Safe, Clean, and Reliable Drinking Water Supply Act of 2010, which, if approved by the voters, would authorize the issuance of bonds in the amount of$9,785,000,000 pursuant to the State General Obligation Bond Law to finance a water supply reliability and water source protection program. This bill contains other related provisions. Note: The Senate Leader, President Pro Tempore Steinberg, is authoring what will be the lead water bond bill. He has committed to work closely with the Governor on this proposal. Status: 05/01/2009-Failed Deadline ursuant to Rule 61(a) (2). (Last location was N.R. & W. on 03/19/2009). Total Position Forms: 11 ITEM NO. 2.4 AGENDA REPORT Meeting Date: May 21 , 2009 Subject: Report on 2009 Legislative Bills - McCormick, Kidman & Behrens ATTACHMENTS: Name: Description: Type: MKB Report on 2009 Legislative Bills.odf Report on 2009 Legislative Bills Report(s) MCCOAMIcg. KIDMAN & BEHt3ENS. LLP RECEIVED LAWYERS 650 TOWN CENTER DRIVE MAY 4 g 2009 H. L. IHIKEI MCCORMICK" SUITE 100 ARTHUR G. KIOMAN' RUSSELL G. BEHRENS• COSTA MESA, CALIFORNIA 62926 YORRALINDA ER DISTRICT SUZANNE M. TAGUE'T TELEPHONES 17141 755-3100 DAVID O. BOYER' 119001 783-9125 DANSEL J. PAYNE• JOAN J. BENNETF FAX 17141 755-3110 EDDY R. BELTRAN www.mkbiawyers.com TRAM T. TRAM JOHN P. GLOWACKI LAURIE E. PARK 'A PROFESSIONAL CORPORATION tCERTIFIEO SPECIALIST - PROBATE May 7, 2009 ESTATE PLANNING 6 TRUST LAW THE STATE BAR OF CALIFORNIA BOARC Of LEGAL SPECIALIZATION "OF COUNSEL MEMORANDUM TO WATER AGENCY CLIENTS FROM McCormick, Kidman & Behrens, LLP RE : First Report on 2009 Legislative Bills Enclosed please find the first Legislative Report for the 2009 legislative session of the California Legislature. The bills selected are those which we think should be of interest to one or more of our water agency clients. The individual bill summaries are extracted from the bills themselves and from information obtained from the Association of California Water Agencies or from other sources. Last year, solving the renewed state budget crisis took center stage in Sacramento. This year, the Legislature has turned its attention back to normal issues....at least for now. In the water area, the Legislature introduced a number of bills with a focus on water conservation and water resources (See Sections A and B of the report). We have organized the bills into subject categories, provided a subject Table of Contents and provided a numerical order Index. We have access to bill text and other information if more detail is needed or if there are questions on the summary provided. McCORMICK, KIDMAN & BEHRENS, LLP By: ARTHUR G. KIDMAN AGKIERB j FIRST 2009 LEGISLATIVE REPORT TABLE OF CONTENTS A. DROUGHT, WATER CONSERVATION AND WATER RATIONING B. WATER RESOURCES MANAGEMENT/WATER PROJECTS C. INFRASTRUCTURE FINANCING D. EMINENT DOMAIN E. PUBLIC OFFICIALS; ETHICS F. BROWN ACT/PUBLIC RECORDS G. LABOR, EMPLOYMENT AND BENEFITS H. PUBLIC WORKS/CONTRACTS I. WATER SUPPLY AND LAND DEVELOPMENT J. WATER QUALITY/POLLUTION K. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES L. SPECIFIC AGENCIES AND/OR PROJECTS M. LAFCO N. PROPERTY TAX ALLOCATION; REVENUE AND COLLECTION PROCEDURES McCormick, Kidman & Behrens, LLP • Legislative Report May 7, 2009 FIRST LEGISLATIVE REPORT FOR 2009 A. DROUGHT. WATER CONSERVATION AND WATER RATIONING A.1 AB 49 (Feuer) Water conservation: agricultural water management planning Existing law requires the Department of Water Resources ("DWR") to convene an independent technical panel to provide information to DWR and the Legislature on new demand management measures, technologies, and approaches. "Demand management measures" means those water conservation measures, programs, and incentives that prevent the waste of water and promote the reasonable and efficient use and reuse of available supplies. This bill would require the state to achieve a 20% reduction in urban per capita water use in California by December 31, 2020. The state would be required to make incremental progress towards this goal by reducing per capita water use by at least 10% on or before December 31, 2015. This bill would require DWR to develop, by December 31, 2010, and through a public participation process, regional urban water use targets and interim regional urban water use targets in accordance with specified requirements. This bill would require DWR, in consultation with other state agencies, to develop a single standardized water use reporting form. The bill, with certain exceptions, would condition eligibility for certain water management grants or loans to urban water suppliers and agricultural water suppliers on the implementation of water conservation requirements established by the bill. ACWA Position: Oppose unless amended Status: Asm. Appr. A.2 AB 474 (Blumenfield) Contractual Assessments: water efficiency improvements Existing law authorizes the legislative body of any city, defined as a city, county, or city and county, to determine that it would be convenient and advantageous to designate an area within which authorized city officials and free and willing property owners may enter into contractual assessments and make arrangements to finance public improvements to specified lots or parcels or to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property, as specified. Existing law requires the legislative body to make these determinations by adopting a resolution indicating its intention to do so and requires the resolution to include certain specified information. This bill would expand these provisions to authorize the legislative body of any public agency to enter into contractual assessments to finance the installation of water efficiency improvements that are permanently fixed to real property. This bill would modify the definitions of "city" and "legislative body" and require a legislative body to provide written notice of a hearing to any 2 McCormick, Kidman & Behrens, LLP Legislative Report May 7, 2009 entity that provides energy or water within the boundaries of the area within which contractual assessments may be entered into. ACWA Position: Favor Status: Asm. Loc. Gov. A.3 AB 1061 (Lieu) Homeowner Associations: water-efficient landscapes This bill would provide that a provision of any of the governing documents of a common interest development shall be void and unenforceable if it prohibits, or includes conditions that have the effect of prohibiting or restricting compliance with any regulation or restriction on the use of water adopted pursuant to Section 353 or 375 of the Water Code. ACWA Position: Favor Status: Sen. Rls. A.4 SB 407 (Padilla) Property transfers: plumbing fixtures replacement Existing law requires certain disclosures to be made upon the transfer of real estate. This bill would require that, on and after January 1, 2014, all plumbing fixtures in any residential or commercial real property that are not water-conserving plumbing fixtures be replaced prior to the time of sale or transfer by the property owner with water-conserving plumbing fixtures, as defined, with specified exceptions. The bill would require that compliance with this requirement be included as a condition of escrow for any sale or transfer. The bill would also require a seller or transferor of real property to certify to the prospective purchaser or transferee, in writing, that the requirement has been satisfied. The bill would provide that the certification is a material term of any sale or transfer. The bill would except from its provisions certain transfers, including transfers in which a licensed plumber certifies that, due to the age or configuration of the property or its plumbing, installation of water-conserving plumbing fixtures is not technically feasible. The bill would require a real estate agent to disclose the requirements described above and would provide that an agent has no other liability in this connection. ACWA Position: Support/Sponsor Status: Sen. Jud. I B. WATER RESOURCES MANAGEMENT/WATER PROJECTS 13.1 AB 934 (Gilmoe) San Joaquin Valley: water supply This bill would require DWR to study the economic impacts of water supply reduction in the San Joaquin Valley, including the counties of Fresno, Kern, Kings, Madera, Merced, 3 McCormick, Kidman & Behrens, LLP Legislative Report May 7, 2009 San Joaquin, Stanislaus, and Tulare, and report its findings to the Legislature by January 1, 2011. ACWA Position: Favor Status: Asm. Appr. B.2 AB 1520 (Evans) Statewide Watershed Program The California Watershed Protection and Restoration Act requires state agencies to adopt guidelines for use by local watershed partnerships to provide specified mechanisms and authorizes state agencies with jurisdiction over watershed planning and protection to provide technical assistance to watershed management partnerships, to the extent that funds are available. This bill would establish the Statewide Watershed Program as a voluntary and non- regulatory program to provide assistance and funds to local community-based efforts in the conservation, protection, and restoration of the state's watersheds and to promote coordinated management of watersheds under the authority of the Secretary of the Resources Agency and the Department of Conservation. The bill would also create a State Watershed Advisory Committee consisting of at least 10 members appointed by the Secretary, with at least one member from each of the state's hydrologic regions. No less than 50% of the committee membership must be comprised of representatives from community-based nonprofit organizations, local government, and resource conservation districts. The Secretary would be authorized to cooperate with the federal government, other states, and other state and local agencies in furtherance of the purposes of the program and would authorize the program to receive contributions or funds from specified private or public entities or persons. ACWA Position: Favor if amended Status: Asm. Nat. Res. B.3 SB 736 (Pavley) Water consumption fee Existing law requires a person who files a specified application, registration, petition, or request relating to water use to pay certain fees imposed by the State Water Resources Control Board ("SWRCB"), in accordance with a prescribed fee schedule. Existing law requires certain persons who extract groundwater in excess of a specified amount to file an annual notice of extraction with the SWRCB. This bill, with specified exceptions, beginning on an unspecified date, would impose, on a person diverting or extracting more than an unspecified amount of water, a water resource consumption fee in an unspecified dollar amount per acre-foot of water diverted or extracted. The fees would be deposited in the Water Resources Consumption Fund, which the bill would create, the proceeds of which would be available, subject to appropriation, for unspecified purposes. ACWA Position: Watch Status: Sen. Nat. Res. do Water 4 McCormick, Kidman & Behrens, LLP Legislative Report May 7, 2009 BA ACA 12 (Logue) Water: area of origin statutes Existing provisions of the Water Code provide for the protection of designated areas within which water originates or related areas, including the "area of origin," "county of origin," "watershed protection," and "Delta protection" statutes. This measure would prohibit the Legislature from amending, repealing, or changing the scope or effect of any of those provisions unless the bill is passed in each house by a 213 vote of the membership of each house. ACWA Position: N/A Status: Asm. Water, Parks & Wildlife ("WPW") C. INFRASTRUCTURE FINANCING C.1 AB 139 (Brownley) Los Angeles County Flood Control District: fees and charges Existing establishes the Los Angeles County Flood Control District and authorizes the district to control and conserve the flood, storm, and other wastewater of the district. The district has the power to cause taxes to be levied and collected for the purpose of paying any obligation of the district. This bill would authorize the district to impose a fee or charge in compliance with Article XIII D of the California Constitution, to pay the costs and expenses of the district, and to carry out the objects or purposes of the Los Angeles County Flood Control Act ("Act"). This bill would require that any fees imposed be levied and collected, together with taxes for county purposes, and the revenues paid into the county treasury to the credit of the district. ACWA Position: Favor Status: Asm. Loc. Gov. C.2 ACA 9 (Huffman) Local government bonds: special taxes: voter approval The California Constitution conditions the imposition of a special tax by a city, county, or special district upon the approval of 213 of the voters of the city, county, or special district voting on that tax. This measure would change the 213 voter-approval requirement for special taxes to, instead, authorize a city, county, or special district to impose a special tax with the approval of 55% of its voters voting on the tax. ACWA Position: Support Status: Asm. Loc. Gov. D. EMINENT DOMAIN 5 i McCormick, Kidman & Behrens, LLP Legislative Report May 7, 2009 E. PUBLIC OFFICIALS, ETHICS E.1 AB 1412 (Torrico) Political Reform Act of 1974: gifts Current law, as prescribed by the Political Reform Act of 1974, permits a lobbyist or lobbying firm to make gifts to one person not exceeding $10 in a calendar month. This bill would amend the Act to prohibit lobbyists, lobbying firms, or lobbying employers from making a gift to a Member of the Legislature. ACWA Position: Watch Status: Asm. Appr. E.2 SB 233 (Aanestad) SWRCB: California regional water quality control boards Current law, under the Porter-Cologne Water Quality Control Act, prohibits a person from being a member of the SWRCB or a California regional water quality control board if, he or she receives, or has received in the previous two years, a significant portion of his or her income directly or indirectly from any person subject to specified waste discharge requirements or applicants for specified waste discharge requirements. This bill would amend current law to stipulate that a person is subject to the above prohibition if he or she receives, or has received within the previous two years, 25% or more of his or her income directly or indirectly from any person subject to a specified waste discharge requirements or applicants for specified waste discharge requirements. ACWA Position: Watch Status: Sett. Env. Qual. F. BROWN ACT/PUBLIC RECORDS F.1 AB 520 (Carter) Public records The California Public Records Act requires state and local agencies to make their records available for public inspection and, upon request of any person, to provide a copy of any public record unless the record is exempt from disclosure. This bill would authorize a superior court to issue a protective order limiting the number and scope of requests a requestor may make under the Act whenever it is made to appear by verified petition. The petition must be accompanied by a declaration of facts by the public agency withholding the records demonstrating that it has complied with California Government Code Section 6253.1 and has made a good faith effort to reach an informal resolution of the issues relating to the records request. The court may issue the protective order if it determines that the requester has sought records for an improper purpose, which includes, but is not limited to, the harassment of a public agency or its employees. ACWA Position: Favor Status: Asm. Jud. 6 McCormick, Kidman & Behrens, LLP Legislative Report May 7, 2009 G. LABOR,EMPLOYMENT AND BENEFITS G.1 AB 943 (Mendoza) Employment: credit reports This bill would prohibit an employer, with the exception of certain financial institutions, from obtaining a consumer credit report for employment purposes unless the information is (1) substantially job-related, meaning that the position of the person for whom the report is sought has access to money, other assets, or confidential information, and (Z) the position of the person for which the person is sought is a managerial position, a position in a city, county, or both city and county, that of a sworn peace officer or other law enforcement position, or a position for which the information contained in the report is required to be disclosed by law or to be obtained by the employer. ACWA Position: Not favor Status: Asm. Appr, G.2 SB 711 (Zeno) Public meetings: closed sessions: labor negotiations The Ralph M. Brown Act requires the meetings of the legislative body of a local agency to be conducted openly and publicly, with specified exceptions. Under the Act, the legislative body of a local agency may hold a closed session with the local agencies' designated representatives regarding negotiations concerning employee compensation but is required, in an open and public session prior to those closed sessions, to disclose specified information identifying the agency's designated representatives. Existing law prohibits a closed session from including any final action on the proposed compensation of unrepresented employees. The act also requires the legislative body of a j local agency to publicly report any action taken in closed session, as prescribed, including the approval of an agreement concluding labor negotiations with represented employees after the agreement is final and has been accepted or ratified by the other party. This bill would additionally require a local agency, before holding a closed session regarding employee compensation, to identify the employee or class of employees that are the subject of the negotiations, the representatives of the employees, and to provide an oral report by its designated representative on the current status of the negotiations. Finally, this bill would also add a requirement that any action of the legislative body on the collective bargaining agreement or initial proposal be at an open and public session. ACWA Position: Oppose Status: Sen. Loc. Gov. 7 McCormick, Kidman & Behrens, LLP Legislative Report May 7, 2009 H. PUBLIC WORKS/CONTRACTS H.1 AB 815 (Ma) Public contracts: plans and specifications Existing law prohibits a local public entity, charter city, or charter county from requiring a bidder to assume responsibility for the completeness and accuracy of architectural or engineering plans and specifications on public works projects, except on clearly designated design-build projects. This bill would enable contractors and subcontractors to be free from liability for deficient architectural plans if some public entities view the appellate case of Thompson Pacific Construction, Inc. v. City of Sunnyvale (Santa Clara Superior Court Case No. CV 017403, 6th District Court of Appeal, Case No. H029818) as an opportunity to shift design risk from architects to contractors. This bill would provide an implied warranty of the accuracy and completeness of the plans and specifications provided to a contractor by a public entity, charter city, or charter county. This bill would also state that the provisions of the bill "shall not be construed to require a contractor to prove an affirmative or intentional misrepresentation or active concealment on the part of the public entity that provides the plans and specifications." ACWA Position: Oppose Status: Asm. Loc. Gov. 1. WATER SUPPLY AND LAND DEVELOPMENT 11. AB 55 (Jeffries) Water supply planning Existing law requires a city or county that determines a project is subject to the California Environmental Quality Act to identify any public water system that may supply water for the project and to request those public water systems to prepare a specified water supply assessment. If no public water system is identified, the city or county is required to prepare the water supply assessment. Existing law defines "project" for purposes of the above requirement as, among other things, a proposed residential development of more than 500 dwelling units or a shopping center or business establishment, commercial office building, hotel or motel, industrial, manufacturing, or processing plant, industrial park, or mixed-use project, that is of a specified size, or a project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. This bill would revise the definition of "project" to provide that specified business, commercial, hotel or motel, industrial, manufacturing, and mixed-use developments are within the scope of that definition only if the projected water demand of the development would be equivalent to, or greater than, the amount of water required by a 500 dwelling unit project, as determined by the public water system. ACWA Position: Not favor Status: Asm. WPW 8 McCormick, Kidman & Behrens, LLP . Legislative Report May 7, 2009 1.2 AB 300 (Caballero) Subdivisions: water supply Water Supply Assessment Existing law requires a city or county that determines a project, as defined, is subject to the California Environmental Quality Act to identify any public water system that may supply water for the project and to request those public water systems to prepare a specified water supply assessment. If no public water system is identified, the city or county is required to prepare the water supply assessment. This bill would require, until January 1, 2020, if the project applicant elects to include voluntary demand management measures, any city, county, or public water system preparing a water supply assessment to reduce the projected water. demand for the project to an amount below the current statutory, regulatory, and local-ordinance requirements based on the project applicant's voluntary water demand management measures, as defined. This bill would authorize the applicant to enter into an agreement with the public water system to mitigate water demand associated with a proposed subdivision by depositing funds in a Voluntary Water Demand Mitigation Fund (Fund), as defined. The fees paid into the Fund would be prohibited from exceeding the amount necessary to offset the actual or percentage of actual water demand impacts determined according to the agreement between the applicant and the public water system and would have other specified limitations. The public water system would be required to expend all funds from the Fund on water conservation measures that will reduce the projected demand associated with the subdivision, and would be prohibited from using any funds from the Fund to supplant funding for water conservation programs required by existing law or paid for by existing customers through water rates and surcharges. This bill would also require the public water system to choose water conservation measures that are the least expensive and most cost effective means to yield water. This bill would authorize expenditures from the Fund to be made within the subdivision or elsewhere within the service area of the public water supplier, at its discretion. Water savings projections would be authorized to be calculated using the water savings projections adopted by the California Urban Water Conservation Council. Water savings projections for measures for which the California Urban Water Conservation Council does not have adopted findings would be required to be based on substantial evidence in the record and included in the water supply assessment adopted by the water supplier. If a project applicant proposes to use a new voluntary water reduction demand management measure that is not based on water savings projections adopted by the California Urban Water Conservation Council, the legislative body of a city or county or the advisory agency would be required to have the project applicant enter into an agreement with the water utility to implement and monitor the actual water savings over time, as specified. The public water system would be required to prepare a written report of the projected water demand versus the actual water use 5 years after the project has been fully developed. 9 McCormick, Kidman & Behrens, LLP Legislative Report May 7, 2009 Written Verification The Subdivision Map Act prohibits approval of a tentative map, or a parcel map for which a tentative map was not required, or a development agreement for a subdivision of property of more than 500 dwelling units, except as specified, including the design of the subdivision or the type of improvement, unless the legislative body of a city or county or the designated advisory agency provides written verification from the applicable public water system that a sufficient water supply is available or, in addition, a specified finding is made by the local agency that sufficient water supplies are, or will be, available prior to completion of the project. This bill would require, until January 1, 2020, the public water system, or the local agency if there is no public water system, to review, verify for accuracy, and approve, as specified, the subdivider's water savings projections attributable to voluntary demand management measures, as defined. The public water agency would be authorized to collect fees necessary to provide the additional analysis of the voluntary demand management measures. Water savings projections would be authorized to be calculated using the water savings projections adopted by the California Urban Water Conservation Council. Water savings projections for measures for which the California Urban Water Conservation Council does not have adopted findings would be required to be based on substantial evidence in the record and included in the water supply assessment adopted by the water supplier. If a project applicant proposes to use a new voluntary water reduction demand management measure that is not based on water savings projections adopted by the California Urban Water Conservation Council, the legislative body of a city or county or the advisory agency would be required to have the project applicant enter into an agreement with the water utility to implement and monitor the actual water savings over time, as specified. The public water system would be required to prepare a written report of the projected water demand versus the actual water use 5 years after the project has been fully developed, and to provide copies of the report to the project applicant, the city or county that approved the subdivision map, the California Urban Water Conservation Council, and the DWR. ACWA Position: Support if amended Status: Asm. Appr. 1.3 AB 1408 (Krekorian) Subdivisions; Water Demand Mitigation Fund Under current law, the Subdivision Map Act establishes a statewide regulatory framework for controlling the subdividing of land. The Act generally requires a subdivider to submit, and have approved by the city, county, or city and county in which the land is situated, a tentative map. The Act requires the legislative body of a city or county or the advisory agency, to the extent that it is authorized by local ordinance to approve, conditionally approve, or disapprove the tentative map, to include as a condition in any tentative map that includes a subdivision a requirement that a sufficient water supply be available. The Act authorizes the legislative body to request written verification of sufficient water supply, 10 McCormick, Kidman & Behrens, LLP Legislative Report May 7, 2009 and, when the written verification relies on projected water supplies that are not currently available to the public water system to provide a sufficient water supply to the subdivision, requires that the written verification as to those projected water supplies be based on prescribed elements. This bill would instead require the legislative body of a city or county or the advisory agency, as-referenced-above;-tominclude-as a-condition in any tentative map that includes a subdivision a requirement that the subdivision have a sufficient water supply be available or that sufficient--water supplies will be made available through a Water Demand Mitigation Fund held by the public water system. The amount of funding needed for voluntary participation by the subdivision applicant in the Water Demand Mitigation Fund would be -r-eq-uired -te--be -bused on off-setting at -least-100 percent of-the projected water demand associated with the subdivision, as determined by the public water system. The public water system would be required to expend all funds in the Water Demand Mitigation Fund on water conservation measures that will offset at least 100 percent of the projected demand associated with the subdivision, as specified. ACWA Position: Support if amended Status: Asm. Appr. J. WATER OUALITYIPOLLUTION J.1 AB 737 (ACESTM) Public water systems: public notification The California Safe Drinking Water Act requires the State Department of Public Health to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adoption of enforcement regulations, and conducting studies and investigations to assess the quality of water in domestic water supplies. Existing law also requires every public water system to notify users when certain monitoring or other requirements have not been complied with, to notify customers when failure to comply with a primary drinking water standard that represents an imminent danger, to notify customers of confirmation of detected contaminants, and to annually deliver a prescribed consumer confidence report to each consumer. This bill would, in addition, require posting of the notices and reports on the public water system's internet wcbsite, if that system maintains a web site. The bill would also permit the public water system to remove or amend the posted information once the problem is rectified. ACWA Position: Watch Status: Asm. Env. Safety and Toxic Materials J.2 AB 1366 (Feuer) Residential self-regenerating water softeners Existing law requires the SWRCB to formulate and adopt state policy for water quality control. California regional water quality control boards are required to establish water 11 McCormick, Kidman & Behrens, LLP Legislative Report May 7, 2009 quality objectives in water quality control plans. Under existing law, a local agency, by ordinance, may limit the availability, or prohibit the installation, of residential water softening or conditioning appliances that discharge to the community sewer system if the local agency makes certain findings and includes them in the ordinance. This bill would authorize any local agency that maintains a community sewer system within specified areas of the state to take action, by ordinance or resolution and after a public meeting, to control salinity inputs from residential self-regenerating water softeners to protect the quality of the waters of the state, if the appropriate regional board makes a finding that the control of residential salinity input will contribute to the achievement of water quality objectives. ACWA Position: Support Status: Asm. Appr. J.3 SB 42 (Corbett) Coastal resources: once-through cooling Under the Warren-Alquist State Energy Resources Conservation and Development Act, the State Energy Resources Conservation and Development Commission (energy commission) has the exclusive authority to certify a site for the construction of a new thermal powerplant or the modification of an existing thermal powerplant and related facilities. The California Coastal Act of 1976 (Act) provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined. The Act regulates various types of developments within the coastal zone, including industrial developments and thermal electric generating plants. This bill would prohibit a state agency, as defined, from authorizing, approving, or certifying a new powerplant or industrial facility, as defined, that uses once-through cooling, as defined. This bill would require the SWRCB to adopt and implement a statewide policy on once-through cooling at coastal and estuarine powerplants. This bill would also require each regional water board to review and issue a powerplant's national pollutant discharge elimination system (NPDES) permit for its once-through cooling system within 6 months of the expiration of that permit. This bill would require a powerplant that uses once-through cooling, as defined, to pay a specified fee. The bill would require the state board to collect the fee and to deposit the revenues from the fee in the Marine Life Restoration Account, which the bill would establish in the Coastal Trust Fund. This bill would require the State Coastal Conservancy to administer the account and would authorize money in the account to be expended, only upon appropriation by the Legislature, by the conservancy and the SWRCB to reimburse their costs of administering the fee, by the conservancy for specified projects and activities that address the impacts of once-through cooling processes, and by the SWRCB to provide grants to powerplants currently using once-through cooling, as specified. ACWA Position: Oppose Status: Sen. Energy, Util. & Com. 12 McCormick, Kidman & Behrens, LLP • Legislative Report May 7, 2009 JA SB 565 (Pavley) Water recycling Existing law establishes the SWRCB and the California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law requires specified persons who discharge waste, as defined, in a manner that could affect the quality of the waters of the state, to pay an annual fee to the SWRCB -according to a fee schedule established by the SWRCB. This bill would- require the SWRCB, in consultation with the DWR and the State Department of Public Health, to develop a plan to ensure that at least 50% of wastewater that is annually discharged into the ocean, as of the year 2009, is recycled and put to beneficial use by the -year-2030. - This- bill would prescribe various requirements with respect to that plan. This bill would also require the SWRCB to impose a fee on each person discharging wastewater into the ocean and would require that fee to be deposited into the Ocean Discharge Recycling Fund, which the bill would establish. This bill would then authorize the SWRCB to expend the moneys in that fund, upon appropriation by the Legislature, for the purposes of carrying out the wastewater recycling plan. ACWA Position: Oppose Status: Sen. Appr. K. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES K.1 AB 28 (Jeffries) Natural gas engines: water movement: emissions limitation requirements Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. This bill would place certain limitations on requirements imposed by an air pollution control district, an air quality management district, or other local agency or local regulatory body relating to emissions limitations on, or imposing monitoring, testing, inspection, maintenance, or reporting requirements relating to emissions caused by, the use of a natural gas engine used in the movement of any type of water, including, but not limited to, wastewater, sewage, or recycled water that is owned, operated, or contracted for operation by a city, county, city and county, special district, including, but not limited to, a water district, or an urban water supplier, as defined in Section 10617 of the Water Code, or agricultural water supplier, as defined in Section 531 of the Water Code. ACWA Position: Support Status: Asm. Nat. Res. 13 McCormick, Kidman & Behrens, LLP Legislative Report May 7, 2009 K.2 AB 844 (Hall) Invasive aquatic species: mussels This bill would require the California Department of Fish and Game (DFG), in conjunction with the DWR to conduct a study on the financial and resource-bases impacts incurred by California water agencies for implementing control and eradication efforts, including measuring the level of success achievable by available and potential mussel control measures, identify the level of success of monitoring and education programs in preventing the spread of the invasive mussels by water craft, and determine the methods by which quagga mussels move between water bodies and proliferate within water bodies, and the effectiveness of existing monitoring and management measures adopted and implemented in accordance with Section 2301 of the Fish and Game Code. ACWA Positron: Support/Sponsor Status: Asm. Appr. K.3 SB 476 (Correa) CEQA: noncompliance allegations: public comment CEQA requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA provides for a public review period for a draft EIR, proposed negative declaration, or proposed mitigated negative declaration. CEQA requires a lead agency to evaluate and respond to comments made during the public review period and authorizes a lead agency to evaluate and respond to comments made on a draft EIR when the comments are submitted after the public review period. CEQA requires an action or proceeding alleging noncompliance with its requirements to be based on grounds that were presented to the public agency orally or in writing by any person and prohibits a person from maintaining an action or proceeding unless the person objected to the approval of the project orally or in writing, during the public comment period provided under CEQA or prior to the close of the public hearing on the project before the issuance of the notice of determination. This bill instead would prohibit these actions or proceedings unless oral or written presentation or objection occurs during the public comment period provided under CEQA or prior to the close of the public hearing on the project before the filing, rather than issuance, of the notice of determination. ACWA Position: Favor if amended Status: Sen. Env. Qual. 14 r McCormick, Kidman & Behrens, LLP • Legislative Report May 7, 2009 INDEX AB 28 (Jeffries) ..............................................................................................................................13 AB 49 (Feuer) ..................................................................................................................................2 AB 55 (Jeffries) .................................................................................................................................8 AB 139 (Brownley) 5 AB 300 (Caballero) ........................................................................................................................9 AB 474 (Blumenfield) .....................................................................................................................2 AB 520 (Carter) ................................................................................................................................6 AB 737 (ACESTM) .......................................................................................................................I 1 AB 804 (Hall) .................................................................................................................................14 -AB-815 (Ma) 8 AB 934 (Gilmoe) ..............................................................................................................................3 AB 943 (Mendoza) 7 AB 1061 (Lieu) ..................................................................................................................................3 AB 1366 (Feuer) ............................................................................................................................11 AB 1408 (Krekorian) 10 AB 1412 (Torrico) ...........................................................................................................................6 AB 1520 (Evans) ..............................................................................................................................4 ACA 9 (Huffman) ............................................................................................................................5 ACA 12 (Logue) ...............................................................................................................................5 SB 42 (Corbett) ...............................................................................................................................12 SB 233 (Aanestad) ...............6 SB 407 (Padilla) ...............................................................................................................................3 SB 476 (Correa) .............................................................................................................................14 SB 565 (Pavley) ................................................................................................................................3 SB 711 (Leno) ..................................................................................................................................7 SB 736 (Pavley) ................................................................................................................................4 15 ITEM NO. 2.5 AGENDA REPORT Meeting Date: May 21 , 2009 Subject: General Counsel's Monthly Summary Billing Reports ATTACHMENTS: Name: Description: Type: MKB Monthlv Billing Rer)ort.r)df Monthly Billing Report Report(s) YORBA LINDA WATER DISTRICT MONTHLY SUMMARY BILLING CHART BILLING MONTH. April Matter Matter Date Task Order Name Number Opened Amount CURRENT FISCAL YEAR 2008 -2009 Current Billing Total Billed to Date Total Billed 2007 -2008 4/272009 Current Fiscal Year Prior Fiscal Year CONSTRUCTION CONTRACTS 002 7/31/2007 NIA $5,039.00 $12,686.50 $11,223.18 PROPERTY TAX ALLOCATION 030 $0.00 $967.50 OCWD ANNEXATION 040 1/13/1994 N/A $0.00 $7,185.00 $60,261.09 RICHFIELD SITE IMPROVEMENTS 042 $0.00 $545.00 SHELL 051 $444.71 $832.21 HIDDEN HILLS RESERVOIR 068 8/25/2003 $8,021.49 $108,717.75 S&S DEVELOPMENT AGREEMENTS 071 $460.00 $6,140.00 RWQCB 073 12/18/2002 $0.00 $636.21 $2,161.00 LAKEVIEW RESERVOIR 081 3/2/2005 $20,000.00 $0.00 $1,924.00 $36,645.72 NON - CONSTRUCTION AGREEMENTS 084 4/5/2005 $11,000.00 $2,627.50 $36,186.62 $15,888.25 CELL TOWER 085 7/28/2006 $15,000.00 $0.00 $1,012.50 $24,162.90 WATER RATESIWATER CONSERVATION 087 7/31/2006 $10,000.00 $9,360.20 $61,160.50 $26,960.50 BOD PROCEDURES 089 3/27/2006 $5,000.00 $0.00 $12,522.50 $8,732.10 TOTAL 1 $25,952.90 $250,516.29 $186,034.74 ITEM NO. 2.6 AGENDA REPORT Meeting Date: May 21 , 2009 Subject: Directors' and General Manager's Fees and Expenses (Jan-Mar) (To be provided at the meeting.) ATTACHMENTS: Description: Type: 3rdQTR0809A.XLS Quarter to Date Report(s) 3rdQTR0809C.XLS Year to Date Report(s) Dir Recap 2009.r)df Directors Recap Report(s) Quarter-To-Date Report YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES FISCAL YEAR 2008-2009 3RD QUARTER REPORT FROM 01-01-2009 TO 03-31-2009 ARMSTRONG BEVERAGE COLLETT MILLS SUMMERFIELD SUB-TOTAL PAYNE TOTAL REGULAR MEETINGS ATTENDED 5 6 5 6 6 28 COMMITTEE MEETINGS ATTENDED 6 7 7 7 7 34 OFF SITE MEETINGS ATTENDED 1 5 0 3 1 10 SPECIAL MEETINGS ATTENDED 0 0 0 0 0 0 TOTAL MEETINGS ATTENDED QTD 12 18 12 16 14 72 72 DIRECTOR FEES QTD $1,800 $2,700 $1,800 $2,400 $2,100 $10,800 $10,800 MEETING FEES BUDGET QTD $3,087 $3,087 $3,087 $3,087 $3,087 $15,435 $15,435 TRAVEL&CONF. EXPENSES QTD $0 $0 $0 $1,013 $0 $1,013 $1,013 TRAVEL& CONF. BUDGET QTD $583 $583 $583 $583 $583 $2,915 $2,915 DIR.FEES AND EXPENSES QTD $1,800 $2,700 $1,800 $3,413 $2,100 $11,813 $11,813 FEES AND EXPENSES BUDGET QTD $3,670 $3,670 $3,670 $3,670 $3,670 $18,350 $18,350 GEN MGR EXPENSES QTD $135 $135 GEN MGR TRAVEL/CONF. BUDGET QTD $1,280 $1,280 TOTAL FEES & EXPENSES QTD $1,800 $2,700 $1,800 $3,413 $2,100 $11,813 $135 $11,948 TOTAL FEES & EXPENSES BUDGET QTI $3,670 $3,670 $3,670 $3,670 $3,670 $18,350 $1,280 $19,630 YEAR-TO-DATE REPORT YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES FISCAL YEAR 2008-2009 YEAR-TO-DATE REPORT FROM 07-01-2008 TO 03-31-2009 ARMSTRONG BEVERAGE COLETT MILLS SUMMERFIELD SUB-TOTAL PAYNE TOTAL REGULAR MEETINGS ATTENDED 13 18 14 17 19 81 COMMITTEE MEETINGS ATTENDED 15 23 21 20 21 100 OFF SITE MEETINGS ATTENDED 2 5 1 6 4 18 SPECIAL MEETINGS ATTENDED 2 2 1 2 3 10 TOTAL MEETINGS ATTENDED YTD 32 48 37 45 47 209 209 DIRECTOR FEES YTD $4,800 $7,200 $5,550 $6,750 $7,050 $31,350 $31,350 MEETING FEES BUDGET YTD $9,261 $9,261 $9,261 $9,261 $9,261 $46,305 $46,305 TRAVEL&CONFERENCES EXPENSES YTD $0 $1,349 $0 $1,844 $0 $3,193 $3,193 TRAVEL&CONFERENCE BUDGET YTD $1,749 $1,749 $1,749 $1,749 $1,749 $8,745 $8,745 DIRECTORS FEES&EXPENSES YTD $4,800 $8,549 $5,550 $8,594 $7,050 $34,543 $34,543 FEES&EXPENSES BUDGET YTD $11,010 $11,010 $11,010 $11,010 $11,010 $55,050 $55,050 GEN MGR EXPENSES YTD $190 $190 GEN MGR TRAVEL CONF. BUDGET YTD $3,840 $3,840 TOTAL FEES&EXPENSES YTD $4,800 $8,549 $5,550 $8,594 $7,050 $34,543 $190 $34,733 TOTAL FEES&EXPENSES BUDGET YTD $11,010 $11,010 $11,010 $11,010 $11,010 $55,050 $3,840 $58,890 DIRECTORS RECAP OF TRAVEL/CONFERENCE EXPENSES January- March 2009 GL Trip Trip Trip Reimbursable Expenses Paid by YL WD Director date date name location Meals Lodaina Travel Conf.fee Misc Total trip Total Armstrong $0 $0 $0 Beverage $0 $0 $0 Collett $0 $0 Mills 3/13/09 3/3/09 WEF Lower CO Riv Tour Various $97 $148 $650 $68 $963 2/27/09 ACWA CANCELLED Washington DC $50 $50 $1,013 Summerfield $0 $0 $0 Total Directors $0 $97 $148 $700 $68 $1,013 $1,013 General Manaaer Vecchiarelli 2/27/09 ACWA CANCELLED Washington DC $95 $95 1/30/09 1/15/09 ASCE Luncheon $40 $40 $0 $0 $135 Total GM $0 $0 $0 $135 $0 $135 $135 Total Directors & GM $0 $97 $148 $835 $68 $1,148 $1,148 Assistant General Manaaer $0 $0