HomeMy WebLinkAbout2018-03-13 - Board of Directors Meeting Agenda Packet (B)
AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Tuesday, March 13, 2018, 6:30 PM
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Al Nederhood, President
Brooke Jones, Vice President
Andrew J. Hall, Director
Phil Hawkins, Director
J. Wayne Miller, Director
4. ADDITIONS/DELETIONS TO THE AGENDA
5. INTRODUCTIONS AND PRESENTATIONS
5.1. Elected Official Liaison Reports
6. PUBLIC COMMENTS
Any individual wishing to address the Board is requested to identify themselves and state the matter on which
they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment
when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited
to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to three
minutes.
7. CONSENT CALENDAR
All items listed on the consent calendar are considered to be routine matters, status reports, or documents
covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion.
There will be no discussion on the items unless a member of the Board, staff, or public requests further
consideration.
7.1. Minutes of the Board of Directors Regular Meeting Held February 13, 2018
Recommendation: That the Board of Directors approve the minutes as presented.
7.2. Minutes of the Board of Directors Workshop Meeting Held February 22, 2018
Recommendation: That the Board of Directors approve the minutes as presented.
7.3. Minutes of the Board of Directors Regular Meeting Held February 27, 2018
Recommendation: That the Board of Directors approve the minutes as presented.
7.4. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize disbursements in
the amount of $574,026.34.
7.5. Authorization of Director Attendance at Conferences, Seminars, and Special Events
Recommendation: That the Board of Directors ratify and/or approve Director
attendance at the following events: ACCOC Pension Forum on March 9, 2018; and
SoCal Gas Sustainability Seminars on April 4 and 24, 2018.
8. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board discussions are needed prior to
formal Board action.
8.1. Participation in Association of California Water Agencies' (ACWA) "No Drinking Water
Tax" Coalition and Opposition to SB 623
Recommendation: That the Board of Directors approve participation in ACWA's "No
Drinking Water Tax" Coalition in the suggested amount of $10,000 and adopt an
OPPOSE position on SB 623.
8.2. Award of Professional Services Agreement for Preparation of Bench-Scale Testing for
the Treatment of Groundwater
Recommendation: That the Board of Directors: (1) approve award of a Professional
Services Agreement with Carollo Engineers, Inc. to perform bench-scale testing for
the removal of perfluorinated chemicals, arsenic, iron and manganese from
groundwater and the preparation of a draft and final report for a total fee not to
exceed $137,480; and (2) authorize funding for the project from reserves.
9. DISCUSSION ITEMS
This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the
Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for
which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the
District’s interest to discuss these more complex matters at one meeting and consider formal action at another
meeting. This portion of the agenda may also include items for information only.
9.1. Status of Operations Activities
10. REPORTS, INFORMATION ITEMS, AND COMMENTS
10.1. Directors' Reports
10.2. General Manager's Report
10.3. General Counsel's Report
10.4. Future Agenda Items and Staff Tasks
11. COMMITTEE REPORTS
11.1. Interagency Committee with MWDOC and OCWD
(Nederhood/Jones)
· Next meeting scheduled March 22, 2018 at 4:00 p.m.
11.2. Joint Agency Committee with City of Yorba Linda
(Nederhood/Jones)
· Next meeting scheduled March 19, 2018 at 4:00 p.m. at YL City Hall.
11.3. Joint Agency Committee with City of Placentia
(Nederhood/Jones)
· Next meeting yet to be scheduled.
12. INTERGOVERNMENTAL MEETINGS
12.1. OCSD Board - February 28, 2018 (Jones)
12.2. WACO - March 2, 2018 (Jones/Nederhood)
12.3. ISDOC Executive Committee - March 6, 2018 (Nederhood)
12.4. MWDSC Inspection Tour - March 6, 2018 (Hawkins/Jones/Nederhood)
12.5. YL City Council - March 6, 2018 (Hall)
12.6. MWDOC Board - March 7, 2018 (Nederhood/Jones)
12.7. OCSD Operations Committee - March 7, 2018 (Hawkins)
12.8. OCWD Board - March 7, 2018 (Miller/Jones)
12.9. ACCOC Pension Forum - March 9, 2018 (Nederhood)
13. BOARD OF DIRECTORS ACTIVITY CALENDAR
13.1. Meetings from March 14 - April 30, 2018
14. ADJOURNMENT
14.1. The next Regular Board of Directors Meeting will be held Tuesday, March 27, 2018.
Closed Session (if necessary) will begin at 5:30 p.m. and regular business at 6:30 p.m.
Items Distributed to the Board 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 Board 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. 7.1
AGENDA REPORT
Meeting Date: March 13, 2018
Subject:Minutes of the Board of Directors Regular Meeting Held February 13, 2018
STAFF RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
Name:Description:Type:
2018-02-13_-_Minutes_-_BOD_(B).doc Minutes Minutes
Minutes of the YLWD Board of Directors Regular Meeting Held February 13, 2018 at 6:30 p.m. 1
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MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Tuesday, February 13, 2018, 6:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The meeting was called to order at 6:30 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Al Nederhood, President Marc Marcantonio, General Manager
Brooke Jones, Vice President Brett Barbre, Assistant General Manager
Andrew J. Hall Steve Conklin, Engineering Manager
Phil Hawkins John DeCriscio, Operations Manager
J. Wayne Miller Gina Knight, HR/Risk and Safety Mgr (Arrived 7:09 p.m.)
Delia Lugo, Finance Manager
Annie Alexander, Executive Asst/Board Secretary
Javier Martinez, Water Production Superintendent
Malissa Muttaraid, Public Affairs Representative
Kaden Young, Management Analyst
ALSO PRESENT
Andrew Gagen, Partner, Kidman Law LLP
Chris Palmer, Public Affairs Field Coord, CA Special District Assn (CSDA)
4. ADDITIONS/DELETIONS TO THE AGENDA
None.
5. INTRODUCTIONS AND PRESENTATIONS
5.1. Presentation of Special District Leadership Foundation (SDLF) Districts of
Distinction Accreditation Renewal
Chris Palmer from CSDA provided an overview of SDLF’s Districts of
Distinction accreditation and presented the Board with a renewal
certificate through 2019.
Minutes of the YLWD Board of Directors Regular Meeting Held February 13, 2018 at 6:30 p.m. 2
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General Manager Marc Marcantonio thanked the Board for their
participation in governance training. President Nederhood commended
staff on their efforts.
5.2. Elected Official Liaison Reports
Assistant General Manager Brett Barbre, in his role as Director for
MWDSC and MWDOC, reported on the status of the Delta tunnel project.
6. PUBLIC COMMENTS
None.
7. CONSENT CALENDAR
Vice President Jones requested to pull Item Nos. 7.5. and 7.8. from the Consent
Calendar for separate action.
Director Hawkins made a motion, seconded by Director Jones, to approve the
remainder of the Consent Calendar. Motion carried 5-0 with Director Hall
abstaining from voting on Item No. 7.2. as he wasn’t present at the meetings.
7.1. Minutes of the Board of Directors Special and Regular Meetings Held
January 23, 2018
Recommendation: That the Board of Directors approve the minutes as
presented.
7.2. Minutes of the Board of Directors Special and Workshop Meetings Held
February 1, 2018
Recommendation: That the Board of Directors approve the minutes as
presented.
7.3. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $1,356,471.22.
7.4. Declaration of Restrictive Covenants with Stephen Talbert
Recommendation: That the Board of Directors authorize the President
and General Manager to execute the Declaration of Restrictive Covenants
with Stephen Talbert.
Minutes of the YLWD Board of Directors Regular Meeting Held February 13, 2018 at 6:30 p.m. 3
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7.6. Amendment No. 3 to Professional Services Agreement (PSA) for Fairmont
Booster Pump Station Upgrade Project
Recommendation: That the Board of Directors approve Amendment No. 3
to the PSA with Stantec, in the amount of $39,105, for additional
engineering services for the Fairmont Booster Pump Station Upgrade
Project, Job No. 2010-11B.
7.7. Claim for Damages Filed by Colliers International Real Estate
Management Services, Inc.
Recommendation: That the Board of Directors reject the claim filed by
Colliers International Real Estate Management Services, Inc. and refer it
to ACWA-JPIA for further handling.
ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE ACTION
7.5. Award of Construction Contract for 2018 Sewer Main CIPP Rehabilitation
Project
Staff responded to questions from the Board and a member of the public
regarding the location of the project. Staff also noted estimated cost
savings associated with rehabilitation versus replacement of sewer
pipeline.
Director Jones made a motion, seconded by Director Hawkins, to award
the construction contract for the 2018 Sewer Main CIPP Rehabilitation
Project to Insituform Technologies, Inc. for $166,110.90, Job No. J2017-
37S. Motion carried 5-0.
7.8. Establishing Securities Custody Agreements with US Bank for District
Investments
Staff responded to questions from the Board regarding the need for
adopting the resolution by roll call vote.
Director Jones made a motion, seconded by Director Hawkins, to adopt
Resolution No. 18-04 authorizing the establishment of securities custody
agreements and other agreements with US Bank for District investments.
Motion carried 5-0.
Minutes of the YLWD Board of Directors Regular Meeting Held February 13, 2018 at 6:30 p.m. 4
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DISCUSSION ITEMS
8.1. Website Content and Analytics
Staff provided an overview of the previous website redesign, analytics of
website activity during the current fiscal year, and proposed future areas
of focus.
Discussion ensued regarding the District’s outreach efforts with the local
schools including the lead sampling program, MWDOC’s student
education programs, and the creation of educational video elements.
Pat Nelson (resident) commented on the difficulties in scheduling school
assemblies, the District’s website and suggested improvements regarding
notifications of road work, and her personal water conservation efforts.
Brief discussion followed regarding utilizing the online bill pay process as
a method for customer outreach.
8.2. Open House and Facility Tours (Miller)
Staff announced that a District open house was scheduled Saturday, May
19, 2018 from 9:00 a.m. to 3:00 p.m. and distributed a memo with
additional details. Two tours will be conducted, one in the morning and
one in the afternoon. Board and staff then discussed ideas for
encouraging community participation, hosting a drought tolerant
landscape workshop, and tour logistics.
8.3. Redesign of Water/Sewer Bill and Promotion of Electronic Payment
Options (Nederhood)
Staff distributed a memo identifying customer payment methods, category
percentages, and average monthly numbers over a 6 month period. Staff
noted that 68.7% of payments were automated, 24.5% were processed by
Wells Fargo, and 6.8% were processed by Customer Service. Staff also
noted that the District had a low number of monthly shut-offs in
comparison to other agencies and responded to associated questions
from the public.
Pat Nelson (resident) spoke against the publication of comparative
consumption data of nearby households on customer bills.
Minutes of the YLWD Board of Directors Regular Meeting Held February 13, 2018 at 6:30 p.m. 5
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Staff noted that following extensive review, it was determined not to move
forward with the DropCountr water conservation mobile application due to
issues with the program’s data analysis. Staff will look at alternative
solutions should the Board desire.
Brief discussion followed regarding the significance of having access to
comparative consumption data.
Pat Nelson (resident) spoke again against the publication of comparative
consumption data of nearby households on customer bills.
Greg Schultz (resident) commented on the detrimental aspects of big
data.
8.4. Results of Self-Assessment and Continued Evaluation of Board Policies
and Procedures (Hall)
Director Hall commented on the results of the assessment. Discussion
ensued regarding his suggested topics to be addressed in the Board
Policies and Procedures manual.
Pat Nelson (resident) commented on the benefits of providing an
orientation for new Board members.
Staff was tasked with incorporating the proposed revisions into the manual
for Board review and potential adoption at a future meeting.
8.5. Status of Engineering and Operations Activities
Staff reported on scheduled shut downs related to construction of the
Fairmont Booster Pump Station Upgrade Project (FBPS), and the status of
sewer line camera inspections. Staff also noted there were no water line
repairs scheduled this week which is uncommon.
Staff then reported on the status of various construction projects including
the FBPS Upgrade Project, Well 22, and the lead monitoring program for
K-12 schools.
Director Miller requested staff provide a cost estimate for supporting the
lead monitoring program at the next regular meeting.
Staff also reported on the status of the Asset Management Plan 2018
Update, Pressure Regulating Station Rehabilitation Project, and Tract
15199 Waterline Replacement Project.
Minutes of the YLWD Board of Directors Regular Meeting Held February 13, 2018 at 6:30 p.m. 6
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9. REPORTS, INFORMATION ITEMS, AND COMMENTS
9.1. Directors' Reports
Director Hawkins noted that he would not be in attendance at the next
regular meeting or the open house in May.
Director Miller reported on his participation in the ACWA Water Quality
Committee meeting held February 13, 2018.
9.2. General Manager's Report
Staff reported on activities within their respective departments.
General Manager Marcantonio provided an overview of his recent meeting
attendance and the status of relevant legislative activity.
9.3. General Counsel’s Report
General Counsel Andrew Gagen briefed the Board regarding Senate Bill
998 (Dodd).
9.4. Future Agenda Items and Staff Tasks
Director Miller requested staff provide a cost estimate for testing related to
the Lead and Copper Rule.
Vice President Jones confirmed that the District’s Fats, Oils, and Grease
(FOG) fees would be discussed at the next regular meeting.
President Nederhood requested an item to discuss the District’s sewer
reserves in the next 4-6 weeks.
10. COMMITTEE REPORTS
10.1. Interagency Committee with MWDOC and OCWD
(Nederhood/Jones)
Minutes of meeting held January 25, 2018 at 4:00 p.m.
Next Meeting scheduled March 22, 2018 at 4:00 p.m.
Minutes of the YLWD Board of Directors Regular Meeting Held February 13, 2018 at 6:30 p.m. 7
2018-XXX
10.2. Joint Agency Committee with City of Yorba Linda
(Nederhood/Jones)
Minutes of the meeting held December 18, 2017 at 4:00 p.m.
Next meeting is scheduled March 19, 2018 at 4:00 p.m. at YL City
Hall.
10.3. Joint Agency Committee with City of Placentia
(Nederhood/Jones)
Next meeting yet to be scheduled.
11. INTERGOVERNMENTAL MEETINGS
The Directors noted their attendance at the following meetings.
11.1 MWDOC/OCWD Joint Planning Committee – January 24, 2018 (Jones/Nederhood)
11.2 OCSD Board – January 24, 2018 (Hawkins)
11.3. ISDOC – January 25, 2018 (Hawkins/Jones/Nederhood)
11.4. WACO – February 2, 2018 (Nederhood)
11.5. CSDA Special District Leadership Academy – February 5-7, 2018 (Jones)
11.6. ISDOC Executive Committee – February 6, 2018 (Nederhood)
11.7. YL City Council – February 6, 2018 (Nederhood)
11.8. MWDOC Board – February 7, 2018 (Nederhood)
11.9. UWI Conference – February 7-9, 2018 (Jones/Nederhood)
11.10. OCSD Operations Committee – February 7, 2018 (Hawkins)
11.11 OCWD Board – February 7, 2018 (Miller)
12. BOARD OF DIRECTORS ACTIVITY CALENDAR
12.1. Meetings from February 14 – April 30, 2018
The Board made no changes to the activity calendar.
Minutes of the YLWD Board of Directors Regular Meeting Held February 13, 2018 at 6:30 p.m. 8
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13. ADJOURNMENT
13.1. The meeting was adjourned at 9:22 p.m.
Annie Alexander
Board Secretary
ITEM NO. 7.2
AGENDA REPORT
Meeting Date: March 13, 2018
Subject:Minutes of the Board of Directors Workshop Meeting Held February 22, 2018
STAFF RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
Name:Description:Type:
2018-02-22_-_Minutes_-_BOD.doc Minutes Minutes
Minutes of the YLWD Board of Directors Workshop Meeting Held February 22, 2018 at 4:30 p.m. 1
2018-XXX
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS WORKSHOP MEETING
Thursday, February 22, 2018, 4:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The meeting was called to order at 4:31 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Al Nederhood, President Marc Marcantonio, General Manager
Brooke Jones, Vice President Brett Barbre, Assistant General Manager
Andrew J. Hall Steve Conklin, Engineering Manager
Phil Hawkins John DeCriscio, Operations Manager
J. Wayne Miller Gina Knight, HR/Risk and Safety Manager
Delia Lugo, Finance Manager
Annie Alexander, Executive Asst/Board Secretary
Kaden Young, Management Analyst
ALSO PRESENT
Andrew Gagen, Partner, Kidman Law LLP
4. PUBLIC COMMENTS
None.
5. DISCUSSION ITEMS
5.1. Strategic Plan – Goal 1 (Safe & Reliable Water and Sewer Service)
The attendees discussed the first goal and associated initiatives of the
strategic plan and agreed on the following draft language:
Minutes of the YLWD Board of Directors Workshop Meeting Held February 22, 2018 at 4:30 p.m. 2
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Safe & Reliable Water and Sewer Service
1. Service Reliability and Efficiency
Automatic Metering Infrastructure (AMI)
Engage with regional agencies on water supply issues
(conservation, mandates, forecast).
Strengthen existing emergency operations partnerships.
Develop additional well sites; evaluate new water sources (e.g.
desalination, raw water usage with MET).
2. Explore Service Boundary Opportunities
Evaluate feasibility of providing additional water services within
the region.
Evaluated feasibility of providing addition wastewater services
within the region.
Evaluate feasibility of providing other professional services
within the region.
3. District Security and Aesthetics
Physical Security
Fire Protection
Digital Security
Landscaping Standards
Community Outreach and Involvement
4. Address Infrastructure Needs
Asset Management Plan (AMP)
Capital Improvement Plan (CIP)
Computerized Maintenance Management System (CMMS)
Use best management practices (BMPs) to evaluate useful life.
5. Monitor Emerging Water Quality and Sewer Issues and
Regulations
Meet with lobbyist and representatives, and regulators at all
levels.
Work within existing water/sewer organizations (ACWA, AWWA,
CASA, OCWD, MWDOC, etc.).
Engage public to address issues with their representatives;
community partnership (cities, organizations, etc.).
Leadership role with committees.
Minutes of the YLWD Board of Directors Workshop Meeting Held February 22, 2018 at 4:30 p.m. 3
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6. Provide Sustainable Adequate Water Supply
Treatment Facility (Conceptual Plan)
Ability to provide 100% groundwater or imported water to entire
service area.
Secondary Supply
President Nederhood requested staff provide the Board with electronic
copies of PowerPoint presentations in advance and hard copies at the
meeting. Staff agreed and explained that a notated copy of this meeting’s
presentation would be e-mailed to the Board the following day.
6. ADJOURNMENT
6.1. The meeting was adjourned at 6:04 p.m.
Annie Alexander
Board Secretary
ITEM NO. 7.3
AGENDA REPORT
Meeting Date: March 13, 2018
Subject:Minutes of the Board of Directors Regular Meeting Held February 27, 2018
STAFF RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
Name:Description:Type:
2018-02-27_-_Minutes_-_BOD.doc Minutes Minutes
Minutes of the YLWD Board of Directors Regular Meeting Held February 27, 2018 at 6:30 p.m. 1
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MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Tuesday, February 27, 2018, 6:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The meeting was called to order at 6:30 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Al Nederhood, President Marc Marcantonio, General Manager
Brooke Jones, Vice President Steve Conklin, Engineering Manager
Andrew J. Hall John DeCriscio, Operations Manager
J. Wayne Miller Delia Lugo, Finance Manager
Annie Alexander, Executive Asst/Board Secretary
DIRECTORS ABSENT Mike Carreon, Facilities Maintenance Worker
Phil Hawkins Kaden Young, Management Analyst
ALSO PRESENT
Andrew Gagen, Partner, Kidman Law LLP
ACWA-JPIA Executive Committee Members:
WD “Bill” Knutson, Yuima Municipal Water District
Melody McDonald, San Bernardino Valley Water Conservation District
4. ADDITIONS/DELETIONS TO THE AGENDA
None.
5. INTRODUCTIONS AND PRESENTATIONS
5.1. Refund from ACWA-JPIA’s Rate Stabilization Fund
ACWA-JPIA Executive Committee members Bill Knutson and Melody
McDonald reviewed the District’s safety and training related
accomplishments and the purpose of the rate stabilization fund. They
then presented the Board with a ceremonial check in the amount of
$85,092.10.
Minutes of the YLWD Board of Directors Regular Meeting Held February 27, 2018 at 6:30 p.m. 2
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5.2. Elected Official Liaison Reports
None.
6. PUBLIC COMMENTS
None.
7. CONSENT CALENDAR
Director Hall made a motion, seconded by Director Miller, to approve the
Consent Calendar. Motion carried 4-0-0-1 with Director Hawkins being absent.
7.1. Minutes of the Board of Directors Special Meeting Held February 13, 2018
Recommendation: That the Board of Directors approve the minutes as
presented.
7.2. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $1,966,557.97.
7.3. Directors and General Manager Fees and Expenses Report for Second
Quarter for FY18
Recommendation: That the Board of Directors receive and file the
Directors and General Manager Fees and Expenses Report for Second
Quarter for FY18.
7.4. Award of Construction Contract for Tract 15199 Waterline Replacement
Project
Recommendation: That the Board of Directors award the Construction
Contract for the Tract 15199 Waterline Replacement Project to
Christensen Brothers General Engineering, Inc. $654,610.00, Job No.
J2017-24.
DISCUSSION ITEMS
8.1. Overview of Fats, Oils and Grease (FOG) Permit Program (Jones)
Director Jones commented on the fees associated with the FOG program.
Minutes of the YLWD Board of Directors Regular Meeting Held February 27, 2018 at 6:30 p.m. 3
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Staff provided an overview of the program and presented examples and
causes of historical sewer system overflows. Staff then reviewed several
recommendations including the establishment of a Grease Disposal
Mitigation Fee, working with City agencies in the District’s service area to
require existing restaurants within hot spot areas to install a grease control
device if not already in place, and recover costs for cleanup of private
sewer system overflows. Discussion followed regarding updating the
ordinance and resolution associated with the program. Staff noted that a
cost of service study was being conducted on the District’s sewer rates.
Staff also commented on concerns related to the improper disposal of pool
plaster and sanitary wipes in the sewer system.
8.2. Status and Impact of Governor’s Action Plan for Water Conservation (Hall)
Staff explained that the comment period on SWRCB’s proposed
permanent regulations against wasteful water use practices had been
extended. Staff is planning to attend SWRCB’s Board meeting on April 17,
2018 in order to provide comment. The new regulations may or may not
be adopted at that meeting.
Staff also reported on ACWA’s coalition efforts against SB 623 (Monning)
and the budget trailer bill related to a tax on drinking water. ACWA has
launched a fundraising effort asking member agencies to contribute $10K.
This matter will be placed on the next regular meeting agenda for Board
consideration.
The Board and staff then discussed interfacing with SWRCB’s Board
members and State legislators regarding the proposed permanent
regulations.
Staff reviewed key information contained in the following financial reports which
were taken out of order.
8.3. Unaudited Financial Statements for Second Quarter of FY18
8.5. Cash and Investment Report for Period Ending January 31, 2018
8.4. Budget to Actual Reports for the Month Ending January 31, 2018
9. REPORTS, INFORMATION ITEMS, AND COMMENTS
9.1. Directors' Reports
None.
Minutes of the YLWD Board of Directors Regular Meeting Held February 27, 2018 at 6:30 p.m. 4
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9.2. General Manager's Report
General Manager Marc Marcantonio reported on his recent meeting
attendance. He then asked each of the managers present to report on
activities within their respective departments.
9.3. General Counsel’s Report
None.
9.4. Future Agenda Items and Staff Tasks
Director Miller commented on an article published by ACWA-JPIA
regarding AB 660 and suggested it be forwarded to legal counsel for
review.
10. COMMITTEE REPORTS
10.1. Interagency Committee with MWDOC and OCWD
(Nederhood/Jones)
Next Meeting scheduled March 22, 2018 at 4:00 p.m.
10.2. Joint Agency Committee with City of Yorba Linda
(Nederhood/Jones)
Next meeting is scheduled March 19, 2018 at 4:00 p.m. at YL City
Hall.
10.3. Joint Agency Committee with City of Placentia
(Nederhood/Jones)
Next meeting yet to be scheduled.
11. INTERGOVERNMENTAL MEETINGS
The Directors present reported on their attendance at the following meetings and
events.
11.1 OC LAFCO – February 14, 2018 (Nederhood – As Needed)
11.2 YL Planning Commission – February 14, 2018 (Hawkins – As Needed)
11.3. OCWD/OCSD Winter Fest – February 16, 2018 (Jones)
Minutes of the YLWD Board of Directors Regular Meeting Held February 27, 2018 at 6:30 p.m. 5
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11.4. YL City Council – February 20, 2018 (Nederhood)
11.5. MWDOC – February 21, 2018 (Nederhood)
11.6. ACWA Groundwater Committee – February 21, 2018 (Jones)
11.7. OCWA Luncheon – February 21, 2018 (Miller)
11.8. OCWD Board – February 21, 2018 (Miller)
Vice President Jones also reported on his attendance at a meeting of the
Riverside County Water Task Force on February 23, 2018 sponsored by EMWD.
12. BOARD OF DIRECTORS ACTIVITY CALENDAR
12.1. Meetings from February 28 – April 30, 2018
The Board made no changes to the activity calendar.
13. ADJOURNMENT
13.1. The meeting was adjourned at 9:02 p.m.
Annie Alexander
Board Secretary
ITEM NO. 7.4
AGENDA REPORT
Meeting Date: March 13, 2018 Budgeted:Yes
To:Board of Directors Cost Estimate:$574,026.34
Funding Source:All Funds
From:Marc Marcantonio, General
Manager
Presented By:Delia Lugo, Finance Manager Dept:Finance
Reviewed by Legal:N/A
Prepared By:Richard Cabadas, Accounting
Assistant I
CEQA Compliance:N/A
Subject:Payments of Bills, Refunds, and Wire Transfers
SUMMARY:
Section 31302 of the California Water Code says the District shall pay demands made against it
when they have been approved by the Board of Directors. Pursuant to law, staff is hereby
submitting the list of disbursements for Board of Directors’ approval.
STAFF RECOMMENDATION:
That the Board of Directors ratify and authorize disbursements in the amount of $574,026.34.
DISCUSSION:
The items on this disbursement list includes: a check of $82,147.00 to Orange County Water District
for January 2018 In Liue Water. The balance of $198,649.77 is routine invoices.
The Accounts Payable check register total is $280,796.77; Payroll No. 04 total is $293,229.57 and
the total of all listed disbursements for this agenda report is $574,026.34. A summary of the
disbursements is attached.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors approves bills, refunds and wire transfers semi-monthly.
ATTACHMENTS:
Name:Description:Type:
18-CS_0313.pdf Cap Sheet Backup Material
CkReg031318.pdf Check Register Backup Material
18_CC_0313.pdf Credit Card Summary Backup Material
Summary of Disbursements
March 13, 2018
CHECK NUMBERS:
Computer Checks 71788—71877 $ 280,796.77
____________
$ 280,796.77
TOTAL OF CHECKS $280,796.77
PAYROLL NO. 04:
Direct Deposits $ 184,878.10
Third Party Checks 6889—6901 $ 21,351.08
Payroll Taxes $ 48,407.90
EFT – CalPERS Payroll #04 $ 38,592.49
$ 293,229.57
TOTAL OF PAYROLLS $293,229.57
----------------------------------------------------------------------------------------------------------------------
DISBURSEMENT TOTAL: $574,026.34
==================================================================
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
MEETING OF MARCH 13, 2018
==================================================================.
Check No.Date Vendor Name Amount Description
71799 03/13/2018 A-1 Fence 6,386.00 PAINTING & FENCING
71800 03/13/2018 Al Nederhood 94.61 TRAVEL EXPENSE - UWI SPRING CONFERENCE
71797 03/13/2018 AMERICAN ASPHALT SOUTH, INC.920.00 CUSTOMER REFUND
71801 03/13/2018 America's Instant Signs 2,047.25 BUILDING REPAIR PARTS
71793 03/13/2018 ANDREW Y KIM 93.31 CUSTOMER REFUND
71802 03/13/2018 Annie Alexander 23.47 ADMINISTRATION OFFICE SUPPLIES
71791 03/13/2018 ANSELMA TORRES 117.34 CUSTOMER REFUND
71803 03/13/2018 Aramark 387.36 UNIFORM SERVICE
71817 03/13/2018 ARC 133.06 J17-24 - PW DOC/BID MANAGEMENT
71804 03/13/2018 AT & T - Calnet3 6,002.09 ATT CALNET 3
71805 03/13/2018 Bee Busters, Inc 125.00 COLONY ABATEMENT - COMMERCIAL
71796 03/13/2018 BOMEL CONSTRUCTION CO, INC 951.70 CUSTOMER REFUND
71806 03/13/2018 Brooke Jones 123.44 TRAVEL EXP - UWI SPRING AND CSDA SDLA CONFERENCE
71819 03/13/2018 C. Wells Pipeline 684.22 WATER SERVICE REPAIR PARTS
71807 03/13/2018 CalCard US Bank 25,452.82 CREDIT CARD - FEBRUARY 2018
71808 03/13/2018 Carlos Murillo 360.00 CWEA COLLECTION II
71809 03/13/2018 Carollo Engineers 17,694.61 J17-15 - PROFESSIONAL SERVICES - JANUARY 2018
71810 03/13/2018 CDW Government, Inc 277.36 PANASONIC KX-FLM661 FAX & TONER
71811 03/13/2018 Chambers Group Inc.3,821.16 PROFESSIONAL SERVICES - JANUARY 2018
71812 03/13/2018 City Of Anaheim 35,267.79 ELECTRICAL CHARGES FOR JANUARY 2018 AT MULTIPLE LOCATIONS
71813 03/13/2018 City Of Placentia 6,939.45 SEWER FEES - JANUARY & FEBRUARY 2018 AND ENCROACHMENT
71815 03/13/2018 CLIMATEC, LLC 538.58 ELECTRICAL SUPPLIES - LINEAR READERS
71814 03/13/2018 Clinical Lab. Of San Bern.3,130.00 WATER QUALITY - SAMPLING
71816 03/13/2018 Community Lock & Safe Service, Inc.47.42 KEY REPLACEMENTS
71818 03/13/2018 Culligan of Santa Ana 2.85 EQUIPMENT PE SOFTENER
71820 03/13/2018 Dell Marketing L.P.10,340.19 DELL NETWORKING EQUIPMENT & SOFTWARE LICENSES
71821 03/13/2018 Enthalpy Analytical, Inc.4,118.50 WATER QUALITY - SAMPLING
71822 03/13/2018 eSecurity Solutions, LLC 1,475.00 PROF. SERVICES FOR IT - 4 PRO SERVICE HOURS & WATCHGUARD RENEWAL
71823 03/13/2018 Fairway Ford Sales, Inc.12.07 VEHICLE MAINTENANCE - UNIT #193
71824 03/13/2018 Fleet Services, Inc 22.96 VEHICLE MAINTENANCE - UNIT #161
71825 03/13/2018 Fry's Electronics 395.39 CABLING SUPPLIES
71826 03/13/2018 Graybar Electric Co 2,477.51 J18-07 - SCADA PLC PARTS
71827 03/13/2018 Haaker Equipment Co.3,617.05 TOOLS & EQUIPMENT
71828 03/13/2018 Hi-Line Electric Co., Inc.207.32 MECHANIC SHOP SUPPLIES
71829 03/13/2018 Hydrex Pest Control 175.00 PEST CONTROL
71830 03/13/2018 Infosend Inc.7,855.78 BILLING & POSTAGE - CUSTOMER BILLING
71831 03/13/2018 Jackson's Auto Supply - Napa 399.67 VEHICLE MAINTENANCE - UNIT #156, #174, #176, #197 & #210
71832 03/13/2018 Jeremy Smith 40.90 4 DZ DOUGHNUTS - ACP TRAINING
71789 03/13/2018 KANAN HUSSNI 813.90 CUSTOMER REFUND
71794 03/13/2018 KATHLEEN ROSSON 190.18 CUSTOMER REFUND
71833 03/13/2018 KELLY MCCANN 126.03 TRAVEL EXPENSE - CSMFO ANNUAL CONFERENCE
71798 03/13/2018 KEUN YOO 388.39 CUSTOMER REFUND
71834 03/13/2018 Kimball Midwest 90.35 MECHANIC SHOP SUPPLIES
71835 03/13/2018 Konica Minolta Business 854.48 LEASE - C258 & C558
71836 03/13/2018 Lee & Ro, Inc.1,510.58 J10-11B - FAIRMONT PUMP STATION UPGRADE
71837 03/13/2018 Liebert Cassidy Whitmore 9,935.40 LEGAL SERVICE
71792 03/13/2018 MARIA VARGAS 53.56 CUSTOMER REFUND
71788 03/13/2018 MARK HOLBROOK 175.97 CUSTOMER REFUND
71790 03/13/2018 MARK HOLBROOK 121.06 CUSTOMER REFUND
71838 03/13/2018 Maximum PC 19.95 SUBSCRIPTION (13 ISSUES/1 YR)
71839 03/13/2018 Mc Fadden-Dale Hardware 227.08 PRODUCTION REPAIR PARTS
71840 03/13/2018 Measurement Control Systems, Inc 186.00 MISCELLANEOUS WAREHOUSE PARTS
71841 03/13/2018 Minuteman Press 249.98 BUSINESS CARDS - (3) BOARD OF DIRECTORS
71842 03/13/2018 MISCO 1,569.87 CL2 PARTS
71843 03/13/2018 Mobile Industrial Supply 8.00 WELDING SUPPLIES
71844 03/13/2018 Nickey Kard Lock Inc 5,988.93 FUEL - 02/01/18 - 02/15/2018
71845 03/13/2018 Office Solutions 570.44 OFFICE SUPPLIES & PAPER
71846 03/13/2018 Omni Enterprise Inc.2,990.00 JANITORIAL SERVICE - JANUARY 2018
71847 03/13/2018 Orange County Water District 82,147.00 IN LIUE WATER - JANUARY 2018
71849 03/13/2018 P.T.I. Sand & Gravel, Inc.2,359.12 ROAD MATERIAL
71848 03/13/2018 Powerstride Battery 272.16 BATTERY REPLACEMENT
71850 03/13/2018 RACHEL PADILLA 33.24 TRAVEL EXPENSE - WATER TASK FORCE
71855 03/13/2018 Rachel Padilla/Petty Cash 149.70 PETTY CASH - O021218 & Y021318
Yorba Linda Water District
Check Register
For Checks Dated: 02/28/2018 thru 03/13/2018
71851 03/13/2018 RKI Engineering, LLC 4,200.00 SOFTWARE CONSULTING
71852 03/13/2018 Roberto Cuellar 70.00 CERTIFICATE REIMBURSEMENT - D1
71853 03/13/2018 Sherwin Williams 629.91 CLEANING/PAINTING SUPPLIES
71854 03/13/2018 Snap-on Incorporated 314.71 MECH SHOP EQUIPMENT
71856 03/13/2018 Steve Conklin 2,448.56 REFUND OF PERS (NC) OVER CONTRIBUTION
71857 03/13/2018 Switch Ltd 572.21 DATA HOSTING - COLOCATION
71795 03/13/2018 SYDNEY JACKSON 65.21 CUSTOMER REFUND
71858 03/13/2018 The Shredders 22.00 ON SITE SHRED SERVICE
71859 03/13/2018 Time Warner Cable 2,768.85 T10MB DEDICATED ACCESS AND RICHFIELD BASIC CABLE SERVICE
71860 03/13/2018 United Industries 799.23 PPE EQUIPMENT
71861 03/13/2018 United Water Works, Inc.1,402.42 OPERATION WORK MATERIAL
71862 03/13/2018 Vivian Lim 201.34 TRAVEL EXPENSE - LCW CONFERENCE
71863 03/13/2018 West Coast Safety Supply Co 540.00 QAC PESTICIDE
71864 03/13/2018 YO Fire 12,972.73 OPERATION WORK MATERIAL
280,796.77
02/22/2018 PAYROLL #04 - EMPLOYEE DIRECT DEPOSIT 184,878.10
02/22/2018 PAYROLL #04 - PAYROLL TAX PAYMENT 48,407.90
02/22/2018 PAYROLL #04 - CALPERS EFT 38,592.49
6889 2-22-2018 COLONIAL LIFE 107.10
6890 2-22-2018 FLEX ADVANTAGE 2479.09
6891 2-22-2018 LINCOLN FINANCIAL GROUP 4,873.72
6892 2-22-2018 NATIONWIDE RETIREMENT SOLUTIONS 8,702.96
6893 2-22-2018 GARNISHMENT 231.00
6894 2-22-2018 CA STATE DISBURSEMENT UNIT 366.92
6895 2-22-2018 CA STATE DISBURSEMENT UNIT 339.69
6896 2-22-2018 CA STATE DISBURSEMENT UNIT 389.53
6897 2-22-2018 ORANGE COUNTY SHERIFF'S DEPARTMENT 313.22
6898 2-22-2018 AMERICAN HERITAGE LIFE 1,574.02
6899 2-22-2018 MIDLAND LIFE INSURANCE 200.00
6900 2-22-2018 RELIANCE DI 49.15
6901 2-22-2018 AMERITAS 1,724.68
293,229.57
Payroll Checks #04
Vendor Name Amount Description
Atlantis Casino Hotel 639.63 Travel expense - AWWA Conference - DeCriscio
Atlantis Casino Hotel 497.81 Travel expense - AWWA Conference - Marcantonio
California Association Public (CAPIO)500.00 CAPIO Conference registration - Muttaraid
JustFly.com 178.55 Travel expense - CAPIO annual conference - Muttaraid
LG's Prime Steakhouse 200.00 Business meeting - UWI conference - (3) attendees
Kohler 1,073.71 Waterless urinal supplies
Amazon.com 355.18 Noco GB150 jumpstarter kit
OC ARMA 25.00 OC ARMA Chapter meeting - Arambarri
Pacific Truck Equipment Inc.62.70 Truck cabinet locks
Home Depot 38.70 SOD for landscape repair
Best Value Tire & Wheel 20.00 Tire - flat repair - Unit #191
Hilton Palm Springs 218.41 Travel expense - UWI Conference - Dir. Nederhood
Hilton Palm Springs 182.41 Travel expense - UWI Conference - Dir. Jones
Ralphs 34.14 Meeting supplies
ONLINE Information Services, Inc.483.960 Online utility exchange report & collection transactions
Amazon.com 22.17 Office supplies
Haldeman Inc.299.29 Motor & blower wheels - Facility equipment repairs
Staples 116.22 PURELL gel hand sanitizer - Refill & Dispenser
Grainger 35.04 PPE Equipment - safety glasses
Home Depot 185.100 CL2 parts - Camino De Bryant
Home Depot 283.07 Tools & Equipment for leak crew
USA Blue Book 49.06 Safety signs for CL2 system
Liebert Cassidy Whitmore 70.00 Webinar registration - Hot Topic in Negotiations - HR
Ralphs 11.41 OC HR meeting supplies
Lascari's 149.39 OC HR meeting supplies
Best Buy 53.86 Cell phone supplies
Home Depot 144.26 Electrical supplies & building repair parts
Golden Bell Products 409.45 (2) 5 gal food gd oil - CL2 system
Farmer Boys 50.90 Accounting lunch meeting - (5) attendees
Harrington Industrial 165.160 CL2 parts - Richfield North Loop
Orange County Water Assn.-Dues 45.00 OCWA monthly luncheon registration - Dir. Miller
Calif Water Environ Assn (CWEA)85.00 Collection GD1 Renewal - Cuellar, R
Orange County Water Assn.-Dues 205.00 OCWA Membership - DeCriscio & training - DeCriscio, Conklin & Manzano
Dan Copp Crushing Corp.590.00 Concrete & asphalt disposal
Orvac Electronics 71.98 Electrical supplies for production
Amazon.com 19.380 Cell phone supplies
Grainger 156.47 HID ballast replacement
Cortech Engineering 17,504.360 Hypo injection skids & CL2 replacement parts
Ambient Weather 221.05 Weatherbridge - Universal WiFi - 4 port USB hub
25,452.82
Cal Card Credit Card
U S Bank
ITEM NO. 7.5
AGENDA REPORT
Meeting Date: March 13, 2018
To:Board of Directors
From:Marc Marcantonio, General
Manager
Prepared By:Annie Alexander, Executive
Assistant
Subject:Authorization of Director Attendance at Conferences, Seminars, and Special
Events
SUMMARY:
The Board routinely authorizes Director attendance at meetings and events for the purposes of
compensation.
STAFF RECOMMENDATION:
That the Board of Directors ratify and/or approve Director attendance at the following
events: ACCOC Pension Forum on March 9, 2018; and SoCal Gas Sustainability Seminars on April
4 and 24, 2018.
ATTACHMENTS:
Name:Description:Type:
ACCOC_Pension_Forum.pdf Backup Material Backup Material
SoCal_Gas_Seminars.pdf Backup Material Backup Material
P E N S I O N
F O R U M
F E A T U R I N G
S E N A T O R J O H N
M O O R L A C H
ME M B E RS : $2 5
M A R C H 9 , 2 0 1 8
8 :0 0 A .M .- 1 2 :0 0 P .M .
Join us for a in-depth discussion on the pension crisis in
California! Speakers from multiple industries will discuss
the history of the pension crisis, what best practices Orange
County cities can learn from, and what Sacramento is doing
to address the issue. Speakers include:
6401 San Joaquin Road,
Newport Beach, CA
NO N -M E M B ER S :$4 5
N E W P OR T B EA C H C OMMUN I T Y C ENT ER -
W I L LIN G ER R O O M
Non- Refundable after March 1
Senator John Moorlach, 37th Senate District
Diane Dixon, Mayor of Newport Beach
Lyn Semeta, Councilmember of Huntington Beach
Ken Domer, City Manager of Fullerton
Lori Ann Farrell, Assistant City Manager of
Huntington Beach
Kelly Fox, Chief of Stakeholder Relations, CalPERS
Kerry Worgan, Chief Actuary, CalPERS
MSoCalGas A SempraEnergy Wmy'
Second Quarter 2018Seminar Schedule
Sustaivabffity, lndusftialand UVAC
Sustainability Seminars
All sen 'Mars will be held at the SoCalGas Energy Resource Center, 9240 Firestone
Blvd_, Downey, CA 92401, except where othenv ise noted_
Energy Smart Landscaping - Irrigation: Designing and
Maintaining an Efficient Irrigation System
Wednesday 414/2018 9:00 A - 12:00 P
Web Event Description
Can your irrigation system be m-v;re efficient?
This informaticn packed presertation will help you design and maintain a
system that improves plant Health and conserves :rater. Optimizing lour-flaw
irrigation systems. managing evolving irrigati-:n needs. and maintaining these
systems for lona-term success will bs- covered in depth. The morning will also
include an overview of regional water issLies and tour of ER 's landscape
garden.
Well & Pump Engineering for Safety & Energy Efficiency
Tuesday 4,124.-'2018 8:30 A - 3:30 PM
Event Description
This workshop will focus on the latest technologies available for optimizing
well and pump performance, well rehabilitation and system efficiencies through
equipment selection and regular pump equipment evaluation, testing and
maintenance. The discussion emphasizes how to evaluate competing
technologies and select an optimal technology based on performance; capital
expense, and operating expense_
The workshop will include a section on applications and selection of pump
systems, right-angle gear drives and combination drives as a viable demand
reduction (DR) solution, giving water districts additional reliability: flexibility and
savings_ Case studies, air quality and energy efficiency issues will be
addressed.
ITEM NO. 8.1
AGENDA REPORT
Meeting Date: March 13, 2018 Budgeted:No
To:Board of Directors Cost Estimate:$10,000
Funding Source:All Water Funds
From:Marc Marcantonio, General
Manager
Account No:1-1010-0580-40
Presented By:Brett R. Barbre, Asst General
Manager
Dept:Board of Directors
Reviewed by Legal:N/A
Prepared By:Brett R. Barbre, Asst General
Manager
Subject:Participation in Association of California Water Agencies' (ACWA) "No Drinking
Water Tax" Coalition and Opposition to SB 623
STAFF RECOMMENDATION:
That the Board of Directors approve participation in ACWA's "No Drinking Water Tax" Coalition in
the suggested amount of $10,000 and adopt an OPPOSE position on SB 623.
DISCUSSION:
In 2007, the Association of California Water Agencies’ (ACWA) instituted a public education
program called, “California’s Water: A Crisis We Can’t Ignore.” Through that effort, ACWA raised
more than $6.6 million to fund a statewide campaign to raise awareness and concern among the
public regarding the state’s water crisis. The outreach effort included polling, paid advertising,
education materials, a dedicated website, and more.
Upon conclusion of the campaign, there was a balance of unexpended funds in the amount of
$106,000. At the time, contributing agencies determined that ACWA should keep the remaining
funds in reserve, dedicated to the purpose of funding a future major statewide public education and
research effort. ACWA staff believes that now is the time to use this reserve.
On January 3, the ACWA Board approved use of the funds for research and education related to
the proposal to place a tax on drinking water. Last year, Senator Monning introduced SB 623 – the
first ever proposed tax on drinking water to finance solutions to provide safe drinking water to
disadvantaged communities.
On August 22, 2017 the staff of YLWD presented information to the Board regarding the cost to the
ratepayers of YLWD should SB 623 be signed into law (memo attached). YLWD staff has
continued to monitor the bill.
The issue has returned this year and the governor’s recently released budget incorporates the
concept of a drinking water tax, making the prospect of SB 623 reappearing as a budget trailer bill
this year highly probable.
On February 20, ACWA sent out a request for contributions from its members to fund the “No
Drinking Water Tax Education and Outreach Campaign.” ACWA is launching this fundraising effort
to secure an outside public affairs firm to help develop a more strategic external affairs campaign
and assist with coalition building outside the water industry.
Specifically, they will help update ACWA’s tool kit, write and coordinate placement of op-eds
throughout the state, assist with media relations, develop a digital and social media advertising
campaign targeted to key legislative districts and develop a new website, among other tasks. Public
agency contributions will also be used on direct lobbying of legislators and educational components
of this campaign
ACWA’s goal is to raise $300,000 in voluntary contributions to potentially sustain the campaign
through the summer. Based on the size of our agency (operating budget), they are recommending a
contribution of at least $10,000.
To date, ACWA has received financial commitments from the following agencies:
Bella Vista Water District
East Orange County Water District
Eastern Municipal Water District
Humboldt Bay Municipal Water District
Indian Wells Valley Water District
Las Virgenes Municipal Water District
Mesa Water District
Orange County Water District
Western Municipal Water District
Fighting the tax on drinking water is one of the most important efforts undertaken by ACWA and its
member agencies in recent years. The potential negative consequences of this proposed tax and
the dangerous precedent that it could set will have long lasting, and possibly irreversible affects.
Staff is also recommending the Board adopt an OPPOSE position on SB 623.
ATTACHMENTS:
Name:Description:Type:
ACWA_Memo.pdf Backup Material Backup Material
Staff_Memo.pdf Backup Material Backup Material
SB_623.pdf Backup Material Backup Material
From: Timothy Quinn [mailto:Tim.Quinn@acwa.com]
Sent: Wednesday, February 21, 2018 9:14 AM
Subject: ACWA Seeking Contributions for "No Drinking Water Tax Campaign"
Importance: High
Dear No Drinking Water Tax Coalition Member,
Hopefully you saw ACWA’s Outreach Alert distributed last week urging member agencies to join
ACWA’s coalition against SB 623 (Monning) and the budget trailer bill related to a tax on
drinking water and take specific steps to advocate against the proposed tax.
As you know, fighting the tax on drinking water is one of the most important efforts undertaken
by ACWA and member agencies in recent years. ACWA staff has done a commendable job to
date. However, considering the potential negative consequences of this proposed tax and the
dangerous precedent that it could set, I strongly believe that we need to do much more.
Therefore, ACWA is launching a fund‐raising effort this week to secure an outside public affairs
firm to help develop a more strategic external affairs campaign and assist with coalition
building outside the water industry. We also intend to fund an advertising campaign focused on
key legislative districts. We hope to secure enough funding to potentially sustain a campaign
through the summer.
I urge you to submit a voluntary contribution to fund this effort. Based on the size of your
agency, we recommend a contribution of at least $10,000.00. Please use the attached
contribution form to let us know whether you will be making a contribution.
If you have any questions or concerns, please don’t hesitate to contact me directly at
timq@acwa.com or ACWA’s Director of Communications Heather Engel, heathere@acwa.com.
We will be happy to schedule an in‐person meeting with your agency to discuss strategy or
funding.
Best regards,
Tim Quinn
Executive Director
Association of California Water Agencies
916.441.4545 | timq@acwa.com | www.acwa.com
M E M O R A N D U M
TO: Board of Directors
FROM: Brett R. Barbre
DATE: August 22, 2017
RE: SB 623 – Public Goods Charge
Yesterday SB 623 was amended to include a Public Goods charge which would have a
significant impact on Yorba Linda Water District (YLWD) customers.
The bill was amended to add a specific charge by meter connection which would turn YLWD
into a tax collector for the State Water Board, in the amount of $350,092.20 per year.
Below is a chart detailing the number of accounts by meter size; the cost per meter; the monthly
cost; and the annual cost for customers of the YLWD:
YLWD long ago opposed this public goods charge and we currently appear on the coalition letter
in opposition to the bill.
There is a hearing scheduled for tomorrow and I will keep you posted.
Please call with any questions.
Size Meter Quantity Cost per Meter Total Monthly Cost Annual Cost
Less than or Equal to 1" 23,293 $0.95 $22,128.35 $265,540.20
Greater than 1" and less than or equal to 2" 1,732 $4.00 $6,928.00 $83,136.00
Greater than 2" and less than or equal to 4" 18 $6.00 $108.00 $1,296.00
Greater than 4" in size 1 $10.00 $10.00 $120.00
$29,174.35 $350,092.20
AMENDED IN ASSEMBLY AUGUST 21, 2017
AMENDED IN ASSEMBLY JULY 3, 2017
AMENDED IN ASSEMBLY JUNE 26, 2017
AMENDED IN SENATE APRIL 26, 2017
AMENDED IN SENATE MARCH 30, 2017
SENATE BILL No. 623
Introduced by Senator Monning
(Principal coauthors: Senators De León and Hertzberg)
(Coauthors: Senators Stone and Hernandez)
(Coauthors: Senators Dodd, Hernandez, Stone, and Vidak)
(Coauthor: Assembly Member Bloom)
February 17, 2017
An act to amend Section 116395 of, and add Article 6.5 (commencing
with Section 14615) to Chapter 5 of Division 7 of, to add Article 14.5
(commencing with Section 62215) to Chapter 2 of Part 3 of Division
21 of, and to repeal Sections 14616 and 62216 of, the Food and
Agricultural Code, to add Chapter 4.6 (commencing with Section
116765) to Part 12 of Division 104 of, of the Health and Safety Code,
and to amend Section 13050 of, and to add Article 4.5 (commencing
with Section 13278) of to Chapter 4 of Division 7 of, the Water Code,
relating to water, and making an appropriation therefor.
legislative counsel’s digest
SB 623, as amended, Monning. Water quality: Safe and Affordable
Drinking Water Fund.
(1) Existing law, the California Safe Drinking Water Act, requires
the State Water Resources Control Board to administer provisions
94
relating to the regulation of drinking water to protect public health.
Existing law establishes the Office of Sustainable Water Solutions
within the State Water Resources Control Board with the purpose of
promoting permanent and sustainable drinking water and wastewater
treatment solutions to ensure the effective and efficient provision of
safe, clean, affordable, and reliable drinking water and wastewater
treatment services. Existing law declares it to be the established policy
of the state that every human being has the right to safe, clean,
affordable, and accessible water adequate for human consumption,
cooking, and sanitary purposes.
This bill would establish the Safe and Affordable Drinking Water
Fund in the State Treasury and would provide that moneys in the fund
are continuously appropriated to the office. state board. The bill would
require the board to administer the fund to assist communities and
individual domestic well users to address contaminants in drinking
water that exceed safe drinking water standards, as specified. secure
access to safe drinking water for all Californians, while also ensuring
the long-term sustainability of drinking water service and infrastructure.
The bill would authorize the state board to provide for the deposit into
the fund of federal contributions and contributions, voluntary
contributions, gifts, grants, or bequests. bequests, and settlements from
parties responsible for contamination of drinking water supplies. The
bill would require the state board to expend moneys in the fund for
grants, loans, contracts, or services to assist those communities and
individual domestic well owners that rely on contaminated drinking
water to have access to eligible applicants with projects relating to the
provision of safe and affordable drinking water consistent with a fund
implementation plan adopted annually by the state board, as prescribed.
The bill would require the state board annually to prepare and make
available a report of expenditures of the fund and to adopt annually,
after a public hearing, an assessment of funding needed to ensure all
Californians have access to safe drinking water. assessment of funding
need that estimates the anticipated funding needed for the next fiscal
year to achieve the purposes of the fund. The bill would require, by
January 1, 2019, the state board, in consultation with local health
officers and other relevant stakeholders, to make available a map of
aquifers that are used or likely to be used as a source of drinking water
that are at high risk of containing contaminants. For purposes of the
map, the bill would require local health officers and other relevant
local agencies to provide all results of, and data associated with, water
94
— 2 —SB 623
quality testing performed by certified laboratories to the board, as
specified. By imposing additional duties on local health officers and
local agencies, the bill would impose a state-mandated local program.
By creating a new continuously appropriated fund, this bill would make
an appropriation.
The bill would state the intent of the Legislature to subsequently
amend the bill to seek specific funding from agricultural operations to
assist in providing emergency, interim, and long-term assistance to
community water systems and individual domestic well users whose
wells are located in agricultural areas.
(2) The act provides for the operation of public water systems and
imposes on the state board various duties and responsibilities for the
regulation and control of drinking water in the state. The act generally
does not apply to state small water systems, except that the act requires
the board to adopt regulations specifying minimum requirements for
operation of a state small water system, which are authorized to be less
stringent than the requirements for public water systems, requires the
enforcement of these requirements, and authorizes the reasonable costs
of the local health officer to be recovered. The act, within 3 years after
September 19, 1985, required the State Department of Public Health
to, among other things, conduct training workshops to assist health
officers in evaluation of small public water systems, as defined, for
organic chemical contamination, and in sampling and testing procedures
and required the local health officer, in consultation with the department,
to conduct an evaluation of all small public water systems under their
jurisdictions to determine the potential for contamination of groundwater
sources by organic chemicals and to develop a sampling plan for each
system within their jurisdiction. The act provided that these provisions
were operative during any fiscal year only if the Legislature appropriated
sufficient funds to pay for all state-mandated costs to be incurred by
local agencies during that year due to these provisions.
This bill would require the state board, by January 1, 2019, to
promulgate regulations to require state small water systems and
individual domestic wells to test their water supply wells for
contamination. The bill would require testing to be prioritized based
on local water quality conditions and would require the state board to
review these regulations at least every 5 years. The bill would exempt
these provisions from the above-described inoperative provision.
94
SB 623— 3 —
(2) Existing law, the Fee Collection Procedures Law, the violation
of which is a crime, provides procedures for the collection of certain
fees and surcharges.
This bill would impose, until July 1, 2020, a safe and affordable
drinking water fee in specified amounts on each customer of a public
water system, to be administered by the state board, in consultation
with the California Department of Tax and Fee Administration, in
accordance with the Fee Collection Procedures Law. The bill would
exempt from the fee a customer that self-certifies under penalty of
perjury the customer’s satisfaction of specified criteria relating to
income. By expanding the crime of perjury, the bill would impose a
state-mandated local program. The bill would require, beginning July
1, 2020, the state board to annually determine the amounts of the safe
and affordable drinking water fee not to exceed the amounts imposed
until July 1, 2020, and not to exceed the anticipated funding need in
the most recent assessment of funding need adopted by the state board
pursuant to the Safe and Affordable Drinking Water Fund provisions,
as prescribed. The bill would require the state board, by July 1, 2020,
to adopt regulations, in consultation with the Public Utilities
Commission, relating to an exemption from the fee for low-income
households, as specified. The bill would require a public water system
to collect the fee and to remit these moneys to the state board to be
deposited into the Safe and Affordable Drinking Water Fund. The bill
would authorize a public water system to apply to the state board to
use an alternative method to calculate the fee. By expanding the
application of the Fee Collection Procedures Law that imposes criminal
penalties for various acts, this bill would impose a state-mandated local
program.
(3) Existing law requires every person who manufactures or
distributes fertilizing materials to be licensed by the Secretary of Food
and Agriculture and to pay a license fee that does not exceed $300.
Existing law requires every lot, parcel, or package of fertilizing material
to have a label attached to it, as required by the secretary. Existing law
requires a licensee who sells or distributes bulk fertilizing materials to
pay to the secretary an assessment not to exceed $0.002 per dollar of
sales for all sales of fertilizing materials, as prescribed, for the purposes
of the administration and enforcement of provisions relating to fertilizing
materials. In addition to that assessment, existing law authorizes the
secretary to impose an assessment in an amount not to exceed $0.001
per dollar of sales for all sales of fertilizing materials for the purpose
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of providing funding for research and education regarding the use of
fertilizing materials. Existing law specifies that a violation of the
fertilizing material laws or the regulations adopted pursuant to those
laws is a misdemeanor.
This bill, until January 1, 2033, would require a licensee to pay to
the secretary a fertilizer safe drinking water fee of $0.005 per dollar
of sale for all sales of fertilizing materials. The bill, on and after January
1, 2033, would reduce the fee to $0.002 per dollar of sale and would
authorize the secretary to reduce the fee as necessary to not exceed the
anticipated funding need in the most recent assessment of funding need
adopted by the board pursuant to the Safe and Affordable Drinking
Water Fund provisions. The bill would require these moneys to be
deposited into the Safe and Affordable Drinking Water Fund. The bill
would authorize the secretary to adopt regulations relating to the
administration and enforcement of these provisions. Because a violation
of these provisions or regulations adopted pursuant to these provisions
would be a crime, the bill would impose a state-mandated local
program.
(4) Existing law regulates the production, handling, and marketing
of milk and dairy products and requires every milk handler subject to
that regulatory scheme to pay specified assessments and fees to the
Secretary of Food and Agriculture to cover the costs of regulating milk.
Existing law governing milk defines “handler” as any person who,
either directly or indirectly, receives, purchases, or otherwise acquires
ownership, possession, or control of market milk from a producer, a
producer-handler, or another handler for the purpose of manufacture,
processing, sale, or other handling. Existing law defines “market milk”
as milk conforming to specified standards and “manufacturing milk”
as milk that does not conform to the requirements of market milk.
Existing law provides that a violation of that regulatory scheme or a
regulation adopted pursuant to that regulatory scheme is a
misdemeanor.
This bill would require, beginning January 1, 2020, until January 1,
2035, each handler subject to that regulatory scheme to deduct from
payments made to producers for market and manufacturing milk the
sum of $0.01355 per hundredweight of milk as a dairy safe drinking
water fee. On and after January 1, 2035, the bill would reduce the fee
to $0.00678 per hundredweight of milk and would authorize the
secretary to reduce the fee as necessary to not exceed the anticipated
funding need in the most recent assessment of funding need adopted by
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SB 623— 5 —
the board pursuant to the Safe and Affordable Drinking Water Fund
provisions. The bill would require these moneys to be deposited into
the Safe and Affordable Drinking Water Fund. The bill would authorize
the secretary to take specified enforcement actions and would require
the secretary to adopt regulations for the administration and
enforcement of these provisions. Because a violation of these provisions
or regulations adopted pursuant to these provisions would be a crime,
the bill would impose a state-mandated local program.
(3)
(5) Under the Porter-Cologne Water Quality Control Act, the State
Water Resources Control Board and the California regional water quality
control boards are the principal state agencies with authority over matters
relating to water quality. The act requires the state board to formulate
and adopt state policies for water quality control and requires the
regional boards to adopt regional water quality control plans in
compliance with the state policies. Under the act, the state board and
the regional boards prescribe waste discharge requirements for the
discharge of waste that could affect the quality of the waters of the state.
The act requires, upon the order of a regional board, a person who has
caused or permitted, causes or permits, or threatens to cause or permit
any waste to be discharged or deposited where it is, or probably will
be, discharged into the waters of the state and creates, or threatens to
create, a condition of pollution or nuisance, to clean up the waste or
abate the effects of the waste, or in the case of threatened pollution or
nuisance, to take other remedial action.
This bill would prohibit the state board or a regional board, until
January 1, 2028, from subjecting an agricultural operation, as defined,
to specified enforcement for causing or contributing to an exceedance
of a water quality objective for nitrate in groundwater or for causing or
contributing to a condition of pollution or nuisance for nitrates in
groundwater if that agricultural operation demonstrates that it has
satisfied certain mitigation requirements, including, among other
requirements, the timely payment of any applicable fee, assessment, or
charge the fertilizer safe drinking water fee or the dairy safe drinking
water fee, as applicable, into the fund. The bill would prohibit the state
board or a regional board, beginning January 1, 2028, until January 1,
2033, from subjecting an agricultural operation to specified enforcement
for creating or threatening to create a condition of pollution or nuisance
for nitrate in groundwater if that agricultural operation demonstrates
that it has satisfied the prescribed mitigation requirements. The bill
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would require the state board, by January 1, 2027, to conduct a public
review of regulatory and basin plan amendment implementation
programs to evaluate progress toward achieving water quality objectives
with respect to nitrates in groundwater and assess compliance with
adopted timelines, monitoring requirements, and implementation of
best practicable treatment or control.
(6) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if
the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall be
made pursuant to the statutory provisions noted above.
Vote: majority 2⁄3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 116395 of the Health and Safety Code
line 2 is amended to read:
line 3 116395. (a) The Legislature finds and declares all of the
line 4 following:
line 5 (1) The large water system testing program has discovered
line 6 chemical contamination of the state’s drinking water with
line 7 increasing frequency.
line 8 (2) A significant number of California residents rely on the
line 9 state’s small water systems and individual domestic wells to
line 10 provide their water.
line 11 (3) The small systems and individual domestic wells, because
line 12 they tend to be located in outlying rural areas where pesticide use
line 13 is prevalent, and because they draw their water from shallow
line 14 aquifers, face a serious threat of contamination.
line 15 (4) Unchecked water sources that may be contaminated pose a
line 16 potentially serious threat to the health of the citizens of California,
line 17 particularly those living in outlying rural areas.
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line 1 (5) It is in the interest of all Californians that a testing program
line 2 for small public water systems and individual domestic wells be
line 3 implemented and carried out as expeditiously as possible.
line 4 (6) Section 106.3 of the Water Code declares that every
line 5 Californian has the right to sufficient clean, safe, affordable, and
line 6 accessible water adequate for human consumption, cooking, and
line 7 sanitary purposes.
line 8 (7) To ensure that the right of every Californian to sufficient
line 9 clean, safe, affordable, and accessible water adequate for human
line 10 consumption, cooking, and sanitary purposes is met, it is in the
line 11 interest of the State of California to identify water quality threats
line 12 in the state’s drinking water supply, to the extent feasible, whether
line 13 those supplies serve a public water system, state small water
line 14 system, or an individual domestic well.
line 15 (b) (1) For purposes of this section, “small public water system”
line 16 means a system with 200 connections or less, and is one of the
line 17 following:
line 18 (A) A community water system that serves at least 15 service
line 19 connections used by yearlong residents or regularly serves at least
line 20 25 yearlong residents.
line 21 (B) A state small water system.
line 22 (C) A noncommunity water system such as a school, labor camp,
line 23 institution, or place of employment, as designated by the state
line 24 board.
line 25 (2) For the purposes of this section, “individual domestic well”
line 26 means a groundwater well used to supply water for the domestic
line 27 needs of an individual residence or systems of four or less service
line 28 connections.
line 29 (c) The state board shall conduct training workshops to assist
line 30 health officers in evaluation of small public water systems for
line 31 organic chemical contamination, and in sampling and testing
line 32 procedures. The state board shall, at a minimum, provide health
line 33 officers with guidelines for evaluating systems and instructions
line 34 for sampling.
line 35 (d) The state board shall develop a schedule for conduct of the
line 36 programs by the local health officers. The schedule shall establish
line 37 a program to address first those systems with the most serious
line 38 potential for contamination. The state board shall enter into
line 39 agreements with the local health agencies to conduct the necessary
line 40 work to be performed pursuant to the schedule. The department
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line 1 shall begin the program no later than three months after September
line 2 19, 1985. All local health officers shall complete the evaluation,
line 3 sampling, testing, review of sampling results, and notification to
line 4 the public water systems within their jurisdiction in accordance
line 5 with the agreements entered into with the state board and within
line 6 the schedule established by the state board. All work required by
line 7 this subdivision shall be completed within three years after
line 8 September 19, 1985.
line 9 (e) By January 1, 2019, the state board shall promulgate
line 10 regulations to require state small water systems and individual
line 11 domestic wells to test their water supply wells for contamination.
line 12 The state board shall prioritize testing based on local water quality
line 13 conditions. The state board shall review these regulations at least
line 14 every five years.
line 15 (f) (1) Except as provided in paragraph (2), this section shall
line 16 be operative during any fiscal year only if the Legislature
line 17 appropriates sufficient funds to pay for all state-mandated costs
line 18 to be incurred by local agencies pursuant to this section during
line 19 that year.
line 20 (2) Subdivisions (a), (b), (e), and (f) shall not become
line 21 inoperative.
line 22 SECTION 1. Article 6.5 (commencing with Section 14615) is
line 23 added to Chapter 5 of Division 7 of the Food and Agricultural
line 24 Code, to read:
line 25
line 26 Article 6.5. Fertilizer Safe Drinking Water Fee
line 27
line 28 14615. (a) It is the intent of the Legislature to require licensees
line 29 of bulk fertilizing materials, and to authorize licensees of packaged
line 30 fertilizing materials, to pass the fertilizer safe drinking water fee
line 31 on to the end user of the fertilizer.
line 32 (b) For purposes of this article, the following definitions apply:
line 33 (1) “Bulk fertilizing material” has the same meaning as applies
line 34 to “bulk material” in Section 14517.
line 35 (2) “Fertilizing material” has the same meaning as defined in
line 36 Section 14533.
line 37 (3) “Fund” means the Safe and Affordable Drinking Water
line 38 Fund established by Section 116767 of the Health and Safety Code.
line 39 (4) “Packaged” has the same meaning as defined in Section
line 40 14551.
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SB 623— 9 —
line 1 14616. (a) In addition to the assessments provided in Section
line 2 14611, a licensee whose name appears on the label of bulk or
line 3 packaged fertilizing materials shall pay to the secretary a fertilizer
line 4 safe drinking water fee of five mills ($0.005) per dollar of sales
line 5 for all sales of fertilizing materials to be deposited into the fund.
line 6 (b) This section shall remain in effect only until January 1, 2033,
line 7 and as of that date is repealed, unless a later enacted statute that
line 8 is enacted before January 1, 2033, deletes or extends that date.
line 9 14616. (a) In addition to the assessments provided in Section
line 10 14611, a licensee whose name appears on the label of bulk or
line 11 packaged fertilizing materials shall pay to the secretary a fertilizer
line 12 safe drinking water fee of two mills ($0.002) per dollar of sales
line 13 for all sales of fertilizing materials to be deposited into the fund.
line 14 (b) The secretary may reduce the fertilizer safe drinking water
line 15 fee as necessary to not exceed the anticipated funding need in the
line 16 most recent assessment of funding need adopted by the State Water
line 17 Resources Control Board pursuant to subdivision (b) of Section
line 18 116769 of the Health and Safety Code. By October 1 of each year,
line 19 the secretary shall notify all licensees of the amount of the fertilizer
line 20 safe drinking water fee to be assessed in the following calendar
line 21 year.
line 22 (c) This section shall become operative on January 1, 2033.
line 23 14617. (a) (1) A licensee whose name appears on the label
line 24 who sells or distributes bulk fertilizing materials shall charge an
line 25 unlicensed purchaser the fertilizer safe drinking water fee as a
line 26 charge that is separate from, and not included in, any other fee,
line 27 charge, or other amount paid by the purchaser. This fee shall be
line 28 included on the bill of sale as a separate line item.
line 29 (2) A licensee whose name appears on the label of packaged
line 30 fertilizing materials may include the fertilizer safe drinking water
line 31 fee as a charge that is separate from, and not included in, any
line 32 other fee, charge, or other amount paid by the purchaser.
line 33 (b) The secretary may prescribe, adopt, and enforce regulations
line 34 relating to the administration and enforcement of this article.
line 35 (c) The secretary may retain up to 2 percent of the moneys
line 36 collected pursuant to this article for reasonable costs associated
line 37 with the implementation and enforcement of this article.
line 38 SEC. 2. Article 14.5 (commencing with Section 62215) is added
line 39 to Chapter 2 of Part 3 of Division 21 of the Food and Agricultural
line 40 Code, to read:
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line 1
line 2 Article 14.5. Dairy Safe Drinking Water Fee
line 3
line 4 62215. (a) It is the intent of the Legislature that the dairy safe
line 5 drinking water fee be paid for all milk purchased in the state,
line 6 regardless of grade.
line 7 (b) For purposes of this article, the following definitions apply:
line 8 (1) “Fee” means the dairy safe drinking water fee.
line 9 (2) “Manufacturing milk” has the same meaning as defined in
line 10 Section 32509.
line 11 (3) “Market milk” has the same meaning as defined in Section
line 12 32510.
line 13 (4) “Milk” includes market milk and manufacturing milk.
line 14 62216. (a) Beginning January 1, 2020, each handler, including
line 15 a producer-handler, subject to the provisions of a stabilization
line 16 and marketing plan shall deduct the sum of $0.01355 per
line 17 hundredweight of milk from payments made to producers for milk,
line 18 including the handler’s own production, as a dairy safe drinking
line 19 water fee.
line 20 (b) The secretary shall adopt regulations necessary for the
line 21 proper administration and enforcement of this section by January
line 22 1, 2020.
line 23 (c) This section shall remain in effect only until January 1, 2035,
line 24 and as of that date is repealed, unless a later enacted statute that
line 25 is enacted before January 1, 2035, deletes or extends that date.
line 26 62216. (a) Each handler, including a producer-handler,
line 27 subject to the provisions of a stabilization and marketing plan
line 28 shall deduct the sum of $0.00678 per hundredweight of milk from
line 29 payments made to producers for milk, including the handler’s own
line 30 production, as a dairy safe drinking water fee.
line 31 (b) The secretary may reduce the fee, and may adjust the fee
line 32 reduction from time to time, as necessary to not exceed the
line 33 anticipated funding need in the most recent assessment of funding
line 34 need adopted by the State Water Resources Control Board pursuant
line 35 to subdivision (b) of Section 116769 of the Health and Safety Code.
line 36 (c) The secretary shall adopt regulations necessary for the
line 37 proper administration and enforcement of this section.
line 38 (d) This section shall become operative on January 1, 2035.
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SB 623— 11 —
line 1 62217. (a) A handler shall pay the dairy safe drinking water
line 2 fee to the secretary on or before the 45th day following the last
line 3 day of the month in which the milk was received.
line 4 (b) The secretary shall remit the moneys paid to him or her
line 5 pursuant to this article to the State Water Resources Control Board
line 6 for deposit into the Safe and Affordable Drinking Water Fund
line 7 established by Section 116767 of the Health and Safety Code. The
line 8 secretary may retain up to 2 percent of the total amount that is
line 9 paid to the secretary for the purposes of covering administrative
line 10 costs borne by the secretary for implementing this section.
line 11 (c) The secretary may require handlers, including cooperative
line 12 associations acting as handlers, to make reports at any intervals
line 13 and in any detail that he or she finds necessary for the accurate
line 14 collection of the fee.
line 15 (d) For the purposes of enforcing this article, the secretary,
line 16 through his or her duly authorized representatives and agents,
line 17 shall have access to the records of every producer and handler.
line 18 The secretary shall have at all times free and unimpeded access
line 19 to any building, yard, warehouse, store, manufacturing facility,
line 20 or transportation facility in which any milk or milk product is
line 21 produced, bought, sold, stored, bottled, handled, or manufactured.
line 22 (e) Any books, papers, records, documents, or reports made to,
line 23 acquired by, prepared by, or maintained by the secretary pursuant
line 24 to this article that would disclose any information about finances,
line 25 financial status, financial worth, composition, market share, or
line 26 business operations of any producer or handler, excluding
line 27 information that solely reflects transfers of production base and
line 28 pool quota among producers, is confidential and shall not be
line 29 disclosed to any person other than the person from whom the
line 30 information was received, except pursuant to the final order of a
line 31 court with jurisdiction, or as necessary for the proper
line 32 determination of any proceeding before the secretary.
line 33 SEC. 2.
line 34 SEC. 3. Chapter 4.6 (commencing with Section 116765) is
line 35 added to Part 12 of Division 104 of the Health and Safety Code,
line 36 to read:
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line 1 Chapter 4.6. Safe and Affordable Drinking Water
line 2
line 3 Article 1. Legislative Findings and Declarations
line 4
line 5 116765. The Legislature finds and declares all of the following:
line 6 (a) Section 106.3 of the Water Code declares that it is the policy
line 7 of the state that every human being has the right to safe, clean,
line 8 affordable, and accessible water adequate for human consumption,
line 9 cooking, and sanitary purposes.
line 10 (b) For all public water systems, the operation and maintenance
line 11 costs to supply, treat, and distribute potable water that complies
line 12 with federal and state drinking water standards on a routine and
line 13 consistent basis may be significant.
line 14 (c) All public water systems are currently required to set,
line 15 establish, and charge a schedule of rates and fees that are sufficient
line 16 to recover the operation and maintenance costs required to supply,
line 17 treat, and distribute potable water that complies with federal and
line 18 state drinking water standards on a routine and consistent basis.
line 19 (d) Hundreds of public water systems in the state cannot charge
line 20 rates and fees that are affordable and sufficient to recover the full
line 21 operation and maintenance costs required to supply, treat, and
line 22 distribute potable water that complies with federal and state
line 23 drinking water standards on a routine and consistent basis due to
line 24 a combination of low income levels of customers, high treatment
line 25 costs for contaminated water sources, and a lack of economies of
line 26 scale that result in high unit costs for water service. Many schools
line 27 that serve as their own regulated public water systems and have
line 28 contaminated water sources cannot afford the full operation and
line 29 maintenance costs required to provide water that meets federal
line 30 and state drinking water standards.
line 31 (e) Nearly all state or federal drinking water project funding
line 32 sources prohibit the use of that funding for operation and
line 33 maintenance costs, and as a result, those systems that cannot afford
line 34 required operation and maintenance costs are unable to access
line 35 funding for capital projects to meet federal and state drinking
line 36 water standards.
line 37 (f) As a result, hundreds of thousands of Californians,
line 38 particularly those living in small disadvantaged communities, may
line 39 be exposed to unsafe drinking water in their homes and schools,
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SB 623— 13 —
line 1 which impacts human health, household costs, and community
line 2 economic development.
line 3 (g) A significant number of California residents rely on state
line 4 small water systems and domestic wells to provide their drinking
line 5 water.
line 6 (h) State small water systems and domestic wells are not
line 7 currently subject to any comprehensive federal or state
line 8 requirements for chemical water quality monitoring. Many local
line 9 agencies do not require any monitoring beyond what is required
line 10 by state law, and there are wide discrepancies among local
line 11 jurisdictions in well monitoring programs.
line 12 (i) The state small water systems and individual domestic wells
line 13 face a serious threat of contamination because they often draw
line 14 their water from shallow groundwater sources and have fewer or
line 15 no chemical monitoring requirements.
line 16 (j) To ensure that the right of every Californian to safe, clean,
line 17 affordable, and accessible water adequate for human consumption,
line 18 cooking, and sanitary purposes is protected, it is in the interest of
line 19 the State of California to identify where Californians are at high
line 20 risk of lacking reliable access to safe drinking water or are known
line 21 to lack reliable access to safe drinking water, whether they rely
line 22 on a public water system, state small water system, or domestic
line 23 well for their potable water supply.
line 24 (k) Long-term sustainability of drinking water infrastructure
line 25 and service provision is necessary to secure safe drinking water
line 26 for all Californians and therefore it is in the interest of the state
line 27 to discourage the proliferation of new, unsustainable public water
line 28 systems and state small water systems, to prevent waste, and to
line 29 encourage consolidation and service extension when feasible.
line 30 (l) It is in the interest of all Californians to establish a fund with
line 31 a stable source of revenue to provide financial support, particularly
line 32 for operation and maintenance, necessary to secure access to safe
line 33 drinking water for all Californians, while also ensuring the long
line 34 term sustainability of drinking water service and infrastructure.
line 35
line 36 Article 2. Definitions
line 37
line 38 116765.
line 39 116766. For the purposes of this chapter:
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line 1 (a) “Agricultural operations” has the same meaning as defined
line 2 in Section 13050 of the Water Code.
line 3 (a) “Administrator” has the same meaning as defined in Section
line 4 116686.
line 5 (b) “Board” means the State Water Resources Control Board.
line 6 (c) “Community water system” has the same meaning as defined
line 7 in Section 116275.
line 8 (d) “Customer” has the same meaning as defined in Section
line 9 10612 of the Water Code.
line 10 (d)
line 11 (e) “Disadvantaged community” has the same meaning as
line 12 defined in Section 116275.
line 13 (f) “Domestic well” means a groundwater well used to supply
line 14 water for the domestic needs of an individual residence or water
line 15 systems with no more than four service connections.
line 16 (e)
line 17 (g) “Fund” means the Safe and Affordable Drinking Water Fund
line 18 established pursuant to Section 116766. 116767.
line 19 (h) “Fund implementation plan” means the fund implementation
line 20 plan adopted pursuant to Section 116769.
line 21 (f)
line 22 (i) “Nontransient noncommunity water system” has the same
line 23 meaning as defined in Section 116275.
line 24 (g)
line 25 (j) “Public water system” has the same meaning as defined in
line 26 Section 116275.
line 27 (h)
line 28 (k) “Replacement water” includes, but is not limited to, bottled
line 29 water, point-of-use, or point-of-entry treatment units.
line 30 (i) “Safe Drinking Water Plan” means the plan prepared pursuant
line 31 to Section 116355.
line 32 (l) “Safe drinking water” has the same meaning as defined in
line 33 Section 116681.
line 34 (m) “Service connection” has the same meaning as defined in
line 35 Section 116275.
line 36 (n) “Small community water system” has the same meaning as
line 37 defined in Section 116275.
line 38 (o) “State small water system” has the same meaning as defined
line 39 in Section 116275.
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SB 623— 15 —
line 1 Article 3. Safe and Affordable Drinking Water Fund
line 2
line 3 116766.
line 4 116767. The Safe and Affordable Drinking Water Fund is
line 5 hereby established in the State Treasury. Notwithstanding Section
line 6 13340 of the Government Code, all moneys in the fund are
line 7 continuously appropriated to the Office of Sustainable Water
line 8 Solutions within the board without regard to fiscal years, in
line 9 accordance with this chapter. Moneys in the fund at the close of
line 10 the fiscal year shall remain in the fund and shall not revert to the
line 11 General Fund.
line 12 116767.
line 13 116768. (a) The board shall administer the fund for the
line 14 purposes of this chapter to provide a stable source of funding to
line 15 assist communities and individual domestic well users to address
line 16 contaminants in drinking water that exceed secure access to safe
line 17 drinking water standards, the treatment of which would otherwise
line 18 make the cost of water service unaffordable. for all Californians,
line 19 while also ensuring the long-term sustainability of drinking water
line 20 service and infrastructure. The board shall prioritize the use of
line 21 this funding to assist low-income disadvantaged communities and
line 22 low-income individual domestic well users. In addition, order to
line 23 maximize the use of other funding sources for capital construction
line 24 projects when available, the board shall prioritize the use of this
line 25 funding for costs other than those related to capital construction
line 26 costs. An costs, except for capital construction costs associated
line 27 with consolidation and service extension to reduce the ongoing
line 28 unit cost of service and to increase sustainability of drinking water
line 29 infrastructure and service delivery. Beginning January 1, 2019,
line 30 an expenditure from the fund shall be consistent with the annual
line 31 fund implementation plan developed pursuant to Section 116769.
line 32 On and after January 1, 2020, the total unencumbered amount in
line 33 the fund shall not exceed the board’s total estimated need for
line 34 moneys in the fund over a two-year period. plan.
line 35 (b) In accordance with subdivision (a), the board shall expend
line 36 moneys in the fund for grants, loans, contracts, or services to assist
line 37 those communities and individual domestic well owners that rely
line 38 on contaminated drinking water to have access to safe and
line 39 affordable drinking water eligible applicants with any of the
line 40 following:
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line 1 (1) The provision of replacement water, as needed, to ensure
line 2 immediate protection of health and safety as a short-term solution.
line 3 (2) The development, implementation, and sustainability of
line 4 long-term solutions, including, but not limited to, technical
line 5 assistance, planning, construction, and operation and maintenance
line 6 costs associated with replacing, blending, or treating contaminated
line 7 wells and drinking water sources, consolidating water systems.
line 8 systems, or extending drinking water services to other public water
line 9 systems, domestic wells, or state small water systems. Technical
line 10 assistance and planning costs may include, but are not limited to,
line 11 analyses to identify, and efforts to further, opportunities to reduce
line 12 the unit cost of providing drinking water through organizational
line 13 and operational efficiency improvements, system consolidation
line 14 and service extension, implementation of new technology, and
line 15 other options and approaches to reduce costs.
line 16 (3) Identifying and providing outreach to Californians without
line 17 access to safe drinking water who are eligible to receive assistance
line 18 from the fund and providing outreach to them. fund.
line 19 (4) Testing the drinking water quality of individual domestic
line 20 wells serving low-income households. households with an income
line 21 equal to or less than 200 percent of the federal poverty level in
line 22 high risk areas identified pursuant to Article 4 (commencing with
line 23 Section 116770).
line 24 (c) Eligible applicants for funding include public water systems;
line 25 public agencies, including, but not limited to, local educational
line 26 agencies; nonprofit organizations, public utilities, organizations;
line 27 federally recognized Indian tribes, tribes; state Indian tribes listed
line 28 on the Native American Heritage Commission’s California tribal
line 29 consultation list, Tribal Consultation List; administrators; and
line 30 groundwater sustainability agencies, and mutual water companies.
line 31 agencies.
line 32 (d) The board may expend moneys from the fund for reasonable
line 33 costs associated with administration of the fund. Beginning July
line 34 1, 2020, the board may expend up to no more than 5 percent of
line 35 the annual expenditures from the fund for reasonable costs
line 36 associated with administration of the fund.
line 37 (e) The board may undertake any of the following actions to
line 38 implement the fund:
line 39 (1) Provide for the deposit of any of the following available and
line 40 necessary moneys into the fund:
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line 1 (A) Federal contributions.
line 2 (B) Voluntary contributions, gifts, grants, or bequests.
line 3 (C) Settlements from parties responsible for contamination of
line 4 drinking water supplies.
line 5 (2) Enter into agreements for contributions to the fund from the
line 6 federal government, local or state agencies, and private
line 7 corporations or nonprofit organizations.
line 8 (3) Provide for appropriate audit, accounting, and fiscal
line 9 management services, plans, and reports relative to the fund.
line 10 (4) Direct portions of the fund to a subset of eligible applicants
line 11 as required or appropriate based on funding source and consistent
line 12 with the annual fund implementation plan.
line 13 (4)
line 14 (5) Take additional incidental action as may be appropriate for
line 15 adequate administration and operation of the fund.
line 16 (f) In administering the fund, the board shall make reasonable
line 17 efforts to ensure all of the following:
line 18 (1) That parties responsible for contamination of drinking water
line 19 supplies affecting an eligible applicant can be directly or easily
line 20 identified by the board to pay or reimburse costs associated with
line 21 contamination.
line 22 (2) That funds are used to secure the long-term sustainability
line 23 of drinking water service and infrastructure, including, but not
line 24 limited to, requiring adequate technical, managerial, and financial
line 25 capacity of eligible applicants as part of funding agreement
line 26 outcomes. Funding shall be prioritized to implement consolidations
line 27 and service extensions when feasible, and administrative and
line 28 managerial contracts entered into pursuant to Section 116686
line 29 where applicable. Funds shall not be used to delay, prevent, or
line 30 avoid the consolidation or extension of service to public water
line 31 systems where it is feasible and the least-cost alternative. The
line 32 board may set appropriate requirements as a condition of funding,
line 33 including, but not limited to, a system technical, managerial, or
line 34 financial capacity audit, improvements to reduce costs and increase
line 35 efficiencies, an evaluation of alternative treatment technologies,
line 36 and a consolidation or service extension feasibility study. As a
line 37 condition of funding, the board may require a domestic well with
line 38 nitrate contamination where ongoing septic system failure may be
line 39 causing or contributing to contamination of a drinking water
line 40 source to conduct an investigation and project to address the septic
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line 1 system failure if adequate funding sources are identified and
line 2 accessible.
line 3 (3) That funds are not used to subsidize large-scale nonpotable
line 4 use, to the extent feasible.
line 5 (g) At least once every 10 years, the board shall conduct a public
line 6 review and assessment of the Safe and Affordable Drinking Water
line 7 Fund, including, but not limited to, the effectiveness of the fund,
line 8 the appropriateness of fees deposited into the fund, and any actions
line 9 needed to carry out the purposes of this chapter. The board shall
line 10 post the information it gathers on its Internet Web site and shall
line 11 submit the information to the Legislature in compliance with
line 12 Section 9795 of the Government Code.
line 13 116768. It is the intent of the Legislature to subsequently amend
line 14 this section to seek specific funding from agricultural operations
line 15 to assist in providing emergency, interim, and long-term assistance
line 16 to community water systems and individual domestic well users
line 17 whose wells have been impacted by nitrate contamination and
line 18 whose wells are located in agricultural areas.
line 19 116769.
line 20 116769. Annually, By July 1 of each year, the board shall do
line 21 all of the following:
line 22 (a) Prepare and make available a report of expenditures from
line 23 the fund.
line 24 (b) Adopt, after a public hearing, an assessment of funding
line 25 needed to ensure all Californians have access to safe drinking
line 26 water. This annual assessment shall incorporate information
line 27 contained in the Safe Drinking Water Plan and include a list of
line 28 community water systems and nontransient noncommunity water
line 29 systems without access to safe drinking water, as well as
line 30 identification of small communities and rural populations not
line 31 served by public water systems that do not have access to safe
line 32 drinking water. need, based on available data, that includes all of
line 33 the following:
line 34 (1) Identification of systems and populations potentially in need
line 35 of assistance, including all of the following:
line 36 (A) A list of systems that consistently fail to provide an adequate
line 37 supply of safe drinking water. The list shall include, but is not
line 38 limited to, all of the following:
line 39 (i) Any public water system that consistently fails to provide an
line 40 adequate supply of safe drinking water.
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line 1 (ii) Any community water system that serves a disadvantaged
line 2 community that must charge fees that exceed the affordability
line 3 threshold established in the Clean Water State Revolving Fund
line 4 Intended Use Plan in order to supply, treat, and distribute potable
line 5 water that complies with federal and state drinking water
line 6 standards.
line 7 (iii) Any state small water system that consistently fails to
line 8 provide an adequate supply of safe drinking water.
line 9 (B) A list of programs that assist, or that will assist, households
line 10 supplied by a domestic well that consistently fails to provide an
line 11 adequate supply of safe drinking water. This list shall include the
line 12 number and approximate location of households served by each
line 13 program without identifying exact addresses or other personal
line 14 information.
line 15 (C) A list of public water systems and state small water systems
line 16 that may be at risk of failing to provide an adequate supply of safe
line 17 drinking water.
line 18 (D) An estimate of the number of households that are served by
line 19 domestic wells or state small water systems in high risk areas
line 20 identified pursuant to Article 4 (commencing with Section 116770).
line 21 The estimate shall identify approximate locations of households,
line 22 without identifying exact addresses or other personal information,
line 23 in order to identify potential target areas for outreach and
line 24 assistance programs.
line 25 (2) An analysis of anticipated funding needed for known
line 26 projects, services, or programs by eligible applicants, consistent
line 27 with the fund implementation plan, including any funding needed
line 28 for existing long-term funding commitments from the fund. The
line 29 board shall identify and consider other existing funding sources
line 30 able to support any projects, services, or programs identified,
line 31 including, but not limited to, local funding capacity, state or federal
line 32 funding sources for capital projects, funding from responsible
line 33 parties, and specialized funding sources contributing to the fund.
line 34 (3) An estimate of the funding needed for the next fiscal year
line 35 based on the amount available in the fund, anticipated funding
line 36 needs, other existing funding sources, and other relevant data and
line 37 information.
line 38 (c) (1) Adopt, after a public hearing, a fund implementation
line 39 plan with priorities and guidelines for expenditures of the fund.
line 40 The
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line 1 (2) The board shall work with a multistakeholder advisory group
line 2 that shall be open to participation by representatives of entities
line 3 paying into the fund, public water systems, technical assistance
line 4 providers, local agencies, affected persons, nongovernmental
line 5 organizations, residents served by community water systems in
line 6 disadvantaged communities, state small water systems, domestic
line 7 wells, and the public, to establish priorities for the plan.
line 8 (2) The fund implementation plan shall prioritize eligibility for
line 9 expenditures of the fund based on the following:
line 10 (A) A water system’s current or projected water rates needed
line 11 to ensure safe drinking water exceed or will exceed 1.5 percent of
line 12 the median household income for that water system and the water
line 13 system qualifies as a disadvantaged community.
line 14 (B) The costs for providing potable water for an individual
line 15 domestic well exceed or will exceed 1.5 percent of the household’s
line 16 income and the household’s income is less than 80 percent of the
line 17 statewide household median income.
line 18
line 19 Article 4. Information on High Risk Areas
line 20
line 21 116770. (a) (1) By January 1, 2019, the board, in consultation
line 22 with local health officers and other relevant stakeholders, shall
line 23 use available data to make available a map of aquifers that are at
line 24 high risk of containing contaminants and that exceed primary
line 25 federal and state drinking water standards that are used or likely
line 26 to be used as a source of drinking water for a state small water
line 27 system or a domestic well. The board shall update the map at least
line 28 annually based on any newly available data.
line 29 (2) The board shall make the map of high risk areas, as well as
line 30 the data used to make the map, publicly accessible on its Internet
line 31 Web site in a manner that does not identify exact addresses or
line 32 other personal information and that complies with the Information
line 33 Practices Act of 1977 (Chapter 1 (commencing with Section 1798)
line 34 of Title 1.8 of Part 4 of Division 3 of the Civil Code). The board
line 35 shall notify local health officers and county planning agencies of
line 36 high risk areas within their jurisdictions.
line 37 (b) (1) A local health officer or other relevant local agency
line 38 shall provide all results of, and data associated with, water quality
line 39 testing performed by certified laboratories for a state small water
line 40 system or domestic well that is in the possession of the local health
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line 1 officer or other relevant local agency in an electronic format to
line 2 the board by January 1, 2019.
line 3 (2) On and after January 1, 2019, a local health officer or other
line 4 relevant local agency shall require all results of, and data
line 5 associated with, water quality testing performed by a certified
line 6 laboratory for a state small water system or domestic well that is
line 7 submitted to the local health officer or other relevant local agency
line 8 to also be submitted directly to the board in electronic format.
line 9
line 10 Article 5. Safe and Affordable Drinking Water Fee
line 11
line 12 116771. (a) (1) Until July 1, 2020, there is hereby imposed
line 13 a safe and affordable drinking water fee on each person or entity
line 14 that purchases water from a public water system, as follows:
line 15 (A) For a customer with a water meter that is less than or equal
line 16 to one inch in size, the fee shall be ninety-five cents ($0.95) per
line 17 month.
line 18 (B) For a customer with a water meter that is greater than one
line 19 inch and less than or equal to two inches in size, the fee shall be
line 20 four dollars ($4) per month.
line 21 (C) For a customer with a water meter that is greater than two
line 22 inches and less than or equal to four inches in size, the fee shall
line 23 be six dollars ($6) per month.
line 24 (D) For a customer with a water meter that is greater than four
line 25 inches in size, the fee shall be ten dollars ($10) per month.
line 26 (E) For a customer without a water meter, the fee shall be
line 27 ninety-five cents ($0.95) per month.
line 28 (2) A customer that self-certifies under penalty of perjury to the
line 29 public water system collecting the fee that he or she meets either
line 30 of the following criteria shall be exempt from the payment of the
line 31 fee:
line 32 (i) The customer’s household income is equal to or less than
line 33 200 percent of the federal poverty level.
line 34 (ii) The customer operates a deed-restricted multifamily housing
line 35 development that is required to provide housing exclusively to
line 36 tenants with household incomes equal to or less than 200 percent
line 37 of the federal poverty level.
line 38 (3) (A) A customer that is already enrolled in a program offered
line 39 by a public water system that is designed specifically to reduce
line 40 the cost of water service incurred by customers who meet
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line 1 established income guidelines is exempt from the payment of the
line 2 fee.
line 3 (B) A connection or meter that is used exclusively for fire flow
line 4 or uses nonpotable water, including, but not limited to, recycled
line 5 water, is exempt from the fee.
line 6 (4) A customer that has multiple connections or meters serving
line 7 a single address shall only pay a single monthly fee based on the
line 8 customer’s largest metered connection.
line 9 (b) (1) (A) Beginning July 1, 2020, each person or entity that
line 10 purchases water from a public water system shall be assessed a
line 11 fee according to a fee schedule established by the board for the
line 12 purposes of the Safe and Affordable Drinking Water Fund.
line 13 (B) The fee schedule shall not exceed the amounts established
line 14 in paragraph (1) of subdivision (a).
line 15 (C) The board shall review and revise the fee schedule each
line 16 fiscal year as necessary to not exceed the anticipated funding need
line 17 in the most recent assessment of funding need.
line 18 (D) The fee schedule shall establish that a customer that has
line 19 multiple connections or meters serving a single address shall only
line 20 pay a single monthly fee pursuant to this section, based on its
line 21 largest metered connection.
line 22 (E) (i) The fee schedule shall exempt any connection or meter
line 23 that is used exclusively for fire flow or utilizes nonpotable water,
line 24 including, but not limited to, recycled water.
line 25 (ii) By July 1, 2020, the board, in consultation with the Public
line 26 Utilities Commission, shall adopt regulations to exempt households
line 27 with incomes equal to or less than 200 percent of the federal
line 28 poverty level from the fee established in the fee schedule pursuant
line 29 to this subdivision. The Public Utilities Commission shall provide
line 30 consultation, as well as relevant data, from the California Alternate
line 31 Rates for Energy or CARE program established pursuant to Section
line 32 739.1 of the Public Utilities Code and from the water utility
line 33 low-income rate payer assistance programs developed pursuant
line 34 to Section 739.8 of the Public Utilities Code to the board to aid
line 35 in development and implementation of the regulations for
line 36 exemption pursuant to this clause.
line 37 (2) (A) Beginning July 1, 2022, the fee schedule shall be set at
line 38 an amount that does not result in the total uncommitted amount
line 39 in the fund exceeding two times the anticipated funding need in
line 40 the most recent assessment of funding need.
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line 1 (B) For purposes of this paragraph, “total uncommitted amount
line 2 in the fund” does not include moneys in the fund from the fertilizer
line 3 safe drinking water fee established by Article 6.5 (commencing
line 4 with Section 14615) of Chapter 5 of Division 7 of the Food and
line 5 Agricultural Code until January 1, 2033, and does not include
line 6 moneys in the fund from the dairy safe drinking water fee
line 7 established by Article 14.5 (commencing with Section 62215) of
line 8 Chapter 2 of Part 3 of Division 21 of the Food and Agricultural
line 9 Code until January 1, 2035.
line 10 (c) A public water system shall collect the fee from each of its
line 11 customers and may retain an amount, as approved by the board,
line 12 as reimbursement for the reasonable costs incurred by the public
line 13 water system associated with the collection of the fee. For small
line 14 community water systems, reasonable public water system
line 15 administrative cost reimbursement shall not exceed five hundred
line 16 dollars ($500) or 2 percent of the total revenue collected,
line 17 whichever is greater. For all other public water systems,
line 18 reasonable public water system administrative cost reimbursement
line 19 shall not exceed 1 percent of the total revenue from the fees
line 20 collected. The public water system shall remit the remainder to
line 21 the board on an annual schedule.
line 22 (d) The board may approve an exemption for a community water
line 23 system and its customers from the requirements of this section if
line 24 the board finds that the amount that would be required to be
line 25 remitted to the board pursuant to this section would be de minimis.
line 26 (e) Notwithstanding any other provision of this article, a fee
line 27 shall not be imposed pursuant to this article on a person or entity
line 28 that is itself a public water system if that public water system is
line 29 only purchasing water from a public water system to supply its
line 30 own customers that are themselves being assessed the fee.
line 31 (f) All moneys remitted to the board under this article shall be
line 32 deposited in the Safe and Affordable Drinking Water Fund. The
line 33 moneys remitted to the board under this article shall not be
line 34 available for appropriation or borrowed for use for any purpose
line 35 not established in this chapter unless that use of the moneys
line 36 receives an affirmative vote of two-thirds of the membership in
line 37 each house of the Legislature.
line 38 116772. (a) A public water system may apply to the board to
line 39 authorize the public water system to use an alternative method to
line 40 calculate the amount owed by each customer for the charge
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line 1 imposed by Section 116771 by submitting an application, in a form
line 2 prescribed by the board, that demonstrates both of the following:
line 3 (1) That the method required by statute, regulation, or fee
line 4 schedule adopted by the board would be impractical for the public
line 5 water system to collect.
line 6 (2) That the method proposed by the public water system would
line 7 provide an approximately equivalent level of total revenue and is
line 8 consistent with the fee restrictions in this article, including, but
line 9 not limited to, amount maximums and exemptions.
line 10 (b) The board shall review any application submitted pursuant
line 11 to subdivision (a) to determine whether the justifications
line 12 demonstrated pursuant to paragraphs (1) and (2) of subparagraph
line 13 (a) are valid. If the board denies the application, that denial shall
line 14 be in writing and shall not be reviewable. If the board approves
line 15 the application, the public water system may use the alternative
line 16 method for an amount of time prescribed by the board, not to
line 17 exceed five years.
line 18 (c) There is not a limit on the number of applications the board
line 19 is authorized to approve pursuant to this section to establish or
line 20 renew an alternative method of fee calculation.
line 21 116773. (a) The board, in consultation with the California
line 22 Department of Tax and Fee Administration, shall administer and
line 23 collect the fees imposed by this article in accordance with the Fee
line 24 Collection Procedures Law (Part 30 (commencing with Section
line 25 55001) of Division 2 of the Revenue and Taxation Code).
line 26 (b) For purposes of administration of the fee imposed by this
line 27 article, the following references in the Fee Collection Procedures
line 28 Law shall have the following meanings:
line 29 (1) “Board” or “State Board of Equalization” means the State
line 30 Water Resources Control Board.
line 31 (2) “Fee” means the safe and affordable drinking water fee
line 32 imposed pursuant to this article.
line 33 (3) “Feepayer” means a customer liable to pay the fee.
line 34 (c) The board, in consultation with the California Department
line 35 of Tax and Fee Administration, may prescribe, adopt, and enforce
line 36 regulations relating to the administration and enforcement of this
line 37 article, including, but not limited to, collections, reporting, refunds,
line 38 and appeals.
line 39 (d) The initial regulations adopted by the board to implement
line 40 this article shall be adopted in accordance with Chapter 3.5
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line 1 (commencing with Section 11340) of Part 1 of Division 3 of Title
line 2 2 of the Government Code, and shall not rely on the statutory
line 3 declaration of emergency in subdivision (e).
line 4 (e) Except as provided in subdivision (d), the regulations
line 5 adopted pursuant to this section, any amendment to those
line 6 regulations, or subsequent adjustments to the annual fees or
line 7 adoption of fee schedule, shall be adopted by the board as
line 8 emergency regulations in accordance with Chapter 3.5
line 9 (commencing with Section 11340) of Part 1 of Division 3 of Title
line 10 2 of the Government Code. The adoption of these regulations is
line 11 an emergency and shall be considered by the Office of
line 12 Administrative Law as necessary for the immediate preservation
line 13 of the public peace, health, safety, and general welfare. Any
line 14 emergency regulations adopted by the board, or adjustments to
line 15 the annual fees made by the board pursuant to this section, shall
line 16 remain in effect until revised by the board.
line 17 SEC. 3.
line 18 SEC. 4. Section 13050 of the Water Code is amended to read:
line 19 13050. As used in this division:
line 20 (a) “State board” means the State Water Resources Control
line 21 Board.
line 22 (b) “Regional board” means any California regional water
line 23 quality control board for a region as specified in Section 13200.
line 24 (c) “Person” includes any city, county, district, the state, and
line 25 the United States, to the extent authorized by federal law.
line 26 (d) “Waste” includes sewage and any and all other waste
line 27 substances, liquid, solid, gaseous, or radioactive, associated with
line 28 human habitation, or of human or animal origin, or from any
line 29 producing, manufacturing, or processing operation, including waste
line 30 placed within containers of whatever nature prior to, and for
line 31 purposes of, disposal.
line 32 (e) “Waters of the state” means any surface water or
line 33 groundwater, including saline waters, within the boundaries of the
line 34 state.
line 35 (f) “Beneficial uses” of the waters of the state that may be
line 36 protected against quality degradation include, but are not limited
line 37 to, domestic, municipal, agricultural agricultural, and industrial
line 38 supply; power generation; recreation; aesthetic enjoyment;
line 39 navigation; and preservation and enhancement of fish, wildlife,
line 40 and other aquatic resources or preserves.
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line 1 (g) “Quality of the water” refers to chemical, physical,
line 2 biological, bacteriological, radiological, and other properties and
line 3 characteristics of water which affect its use.
line 4 (h) “Water quality objectives” means the limits or levels of
line 5 water quality constituents or characteristics which are established
line 6 for the reasonable protection of beneficial uses of water or the
line 7 prevention of nuisance within a specific area.
line 8 (i) “Water quality control” means the regulation of any activity
line 9 or factor which may affect the quality of the waters of the state
line 10 and includes the prevention and correction of water pollution and
line 11 nuisance.
line 12 (j) “Water quality control plan” consists of a designation or
line 13 establishment for the waters within a specified area of all of the
line 14 following:
line 15 (1) Beneficial uses to be protected.
line 16 (2) Water quality objectives.
line 17 (3) A program of implementation needed for achieving water
line 18 quality objectives.
line 19 (k) “Contamination” means an impairment of the quality of the
line 20 waters of the state by waste to a degree which creates a hazard to
line 21 the public health through poisoning or through the spread of
line 22 disease. “Contamination” includes any equivalent effect resulting
line 23 from the disposal of waste, whether or not waters of the state are
line 24 affected.
line 25 (l) (1) “Pollution” means an alteration of the quality of the
line 26 waters of the state by waste to a degree which unreasonably affects
line 27 either of the following:
line 28 (A) The waters for beneficial uses.
line 29 (B) Facilities which serve these beneficial uses.
line 30 (2) “Pollution” may include “contamination.”
line 31 (m) “Nuisance” means anything which meets all of the following
line 32 requirements:
line 33 (1) Is injurious to health, or is indecent or offensive to the senses,
line 34 or an obstruction to the free use of property, so as to interfere with
line 35 the comfortable enjoyment of life or property.
line 36 (2) Affects at the same time an entire community or
line 37 neighborhood, or any considerable number of persons, although
line 38 the extent of the annoyance or damage inflicted upon individuals
line 39 may be unequal.
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line 1 (3) Occurs during, or as a result of, the treatment or disposal of
line 2 wastes.
line 3 (n) “Recycled water” means water which, as a result of treatment
line 4 of waste, is suitable for a direct beneficial use or a controlled use
line 5 that would not otherwise occur and is therefor considered a
line 6 valuable resource.
line 7 (o) “Citizen or domiciliary” of the state includes a foreign
line 8 corporation having substantial business contacts in the state or
line 9 which is subject to service of process in this state.
line 10 (p) (1) “Hazardous substance” means either of the following:
line 11 (A) For discharge to surface waters, any substance determined
line 12 to be a hazardous substance pursuant to Section 311(b)(2) of the
line 13 Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.).
line 14 (B) For discharge to groundwater, any substance listed as a
line 15 hazardous waste or hazardous material pursuant to Section 25140
line 16 of the Health and Safety Code, without regard to whether the
line 17 substance is intended to be used, reused, or discarded, except that
line 18 “hazardous substance” does not include any substance excluded
line 19 from Section 311(b)(2) of the Federal Water Pollution Control Act
line 20 because it is within the scope of Section 311(a)(1) of that act.
line 21 (2) “Hazardous substance” does not include any of the
line 22 following:
line 23 (A) Nontoxic, nonflammable, and noncorrosive stormwater
line 24 runoff drained from underground vaults, chambers, or manholes
line 25 into gutters or storm sewers.
line 26 (B) Any pesticide which is applied for agricultural purposes or
line 27 is applied in accordance with a cooperative agreement authorized
line 28 by Section 116180 of the Health and Safety Code, and is not
line 29 discharged accidentally or for purposes of disposal, the application
line 30 of which is in compliance with all applicable state and federal laws
line 31 and regulations.
line 32 (C) Any discharge to surface water of a quantity less than a
line 33 reportable quantity as determined by regulations issued pursuant
line 34 to Section 311(b)(4) of the Federal Water Pollution Control Act.
line 35 (D) Any discharge to land which results, or probably will result,
line 36 in a discharge to groundwater if the amount of the discharge to
line 37 land is less than a reportable quantity, as determined by regulations
line 38 adopted pursuant to Section 13271, for substances listed as
line 39 hazardous pursuant to Section 25140 of the Health and Safety
line 40 Code. No discharge shall be deemed a discharge of a reportable
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line 1 quantity until regulations set a reportable quantity for the substance
line 2 discharged.
line 3 (q) (1) “Mining waste” means all solid, semisolid, and liquid
line 4 waste materials from the extraction, beneficiation, and processing
line 5 of ores and minerals. Mining waste includes, but is not limited to,
line 6 soil, waste rock, and overburden, as defined in Section 2732 of
line 7 the Public Resources Code, and tailings, slag, and other processed
line 8 waste materials, including cementitious materials that are managed
line 9 at the cement manufacturing facility where the materials were
line 10 generated.
line 11 (2) For the purposes of this subdivision, “cementitious material”
line 12 means cement, cement kiln dust, clinker, and clinker dust.
line 13 (r) “Master recycling permit” means a permit issued to a supplier
line 14 or a distributor, or both, of recycled water, that includes waste
line 15 discharge requirements prescribed pursuant to Section 13263 and
line 16 water recycling requirements prescribed pursuant to Section
line 17 13523.1.
line 18 (s) (1) “Agricultural operation” means either of the following:
line 19 (A) A discharger that satisfies both of the following conditions:
line 20 (i) The discharger is an owner, operator, or both, of land that is
line 21 irrigated to produce crops or pasture for commercial purposes or
line 22 a nursery.
line 23 (ii) The discharger is enrolled or named in an irrigated lands
line 24 regulatory program order adopted by the state board or a regional
line 25 board pursuant to Section 13263 or 13269.
line 26 (B) A discharger that satisfies both of the following conditions:
line 27 (i) The discharger is an owner, operator, or both of a facility
line 28 that is used for the raising or harvesting of livestock.
line 29 (ii) The discharger is enrolled or named in an order adopted by
line 30 the state board or a regional board pursuant to Section 13263 or
line 31 13269 that regulates the discharges of waste from a facility
line 32 identified in clause (i) to protect ground and surface water.
line 33 (2) “Agricultural operation” does not include any of the
line 34 following:
line 35 (A) An off-farm facility that processes crops or livestock.
line 36 (B) An off-farm facility that manufacturers, synthesizes, stores,
line 37 or processes fertilizer.
line 38 (C) Any portions of land or activities occurring on those portions
line 39 of land that are not covered by an order adopted by the state board
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SB 623— 29 —
line 1 or a regional board identified in clause (ii) of subparagraph (A) or
line 2 clause (ii) of subparagraph (B) of paragraph (1).
line 3 SEC. 4.
line 4 SEC. 5. Article 4.5 (commencing with Section 13278) is added
line 5 to Chapter 4 of Division 7 of the Water Code, to read:
line 6
line 7 Article 4.5. Discharges of Nitrate to Groundwater from
line 8 Agricultural Operations
line 9
line 10 13278. (a) For the purposes of this article, the Legislature finds
line 11 all of the following:
line 12 (1) Implementation of currently known best management
line 13 practices for some crops can reduce but not always completely
line 14 prevent nitrogen in organic and synthetic fertilizers that transform
line 15 to nitrates from reaching groundwater at concentrations above the
line 16 water quality objectives established pursuant to this division.
line 17 (2) It is acknowledged that discharges of nitrate from agricultural
line 18 operations could reach groundwater and could cause or contribute
line 19 to exceedances of drinking water standards for nitrate,and nitrate,
line 20 and could cause conditions of pollution of or nuisance in those
line 21 waters as defined and applied in accordance with this division, or
line 22 both.
line 23 (3) Nitrate contamination of groundwater impacts drinking water
line 24 sources for hundreds of thousands of Californians and it is
line 25 necessary to protect current and future drinking water users from
line 26 the impacts of nitrate contamination.
line 27 (4) Despite progress in controlling discharges of nitrogen that
line 28 lead to nitrate formation, some groundwater sources of drinking
line 29 water will continue to be adversely impacted by nitrates and it is
line 30 important to have in place a program for mitigating these impacts.
line 31 (5) The regional boards will continue to regulate discharges to
line 32 reduce nitrogen loading and protect beneficial uses of water and
line 33 groundwater basins; the state board, regional boards, and courts
line 34 will ensure compliance with those orders; and dischargers will pay
line 35 for mitigation of pollution by funding replacement water for
line 36 affected communities.
line 37 (b) The Legislature declares its intent in establishing this article
line 38 to do both of the following:
line 39 (1) To subsequently amend this article to establish an
line 40 agricultural assessment to be paid by agricultural operations for a
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line 1 period of 15 years to provide funding, as a portion of the Safe and
line 2 Affordable Drinking Water Fund, to make available alternative
line 3 supplies of safe drinking water to persons affected by discharges
line 4 of nitrogen from agricultural operations that may occur in amounts
line 5 that may cause or contribute to an exceedance of a water quality
line 6 objective or cause conditions of pollution or nuisance.
line 7 (2) To limit to limit enforcement actions that a regional board
line 8 or the state board could otherwise initiate during that 15-year period
line 9 against an agricultural operation paying the agricultural assessment,
line 10 while maintaining the overall framework of this division to protect
line 11 beneficial uses, implement water quality objectives in waters of
line 12 the state, and regulate activities and factors that affect water quality
line 13 to attain the highest water quality that is reasonable.
line 14 13278.1. (a) An agricultural operation shall not be subject to
line 15 enforcement undertaken or initiated by the state board or a regional
line 16 board under Chapter 5 (commencing with Section 13330) for
line 17 causing or contributing to an exceedance of a water quality
line 18 objective for nitrate in groundwater or for causing or contributing
line 19 to a condition of pollution or nuisance for nitrates in groundwater
line 20 if an agricultural operation that discharges or threatens to discharge,
line 21 or has discharged or previously threatened to discharge, nitrate to
line 22 groundwater demonstrates that it has satisfied all of the following
line 23 mitigation requirements:
line 24 (1) The agricultural operation has timely paid any applicable
line 25 fee, assessment, or charge fertilizer safe drinking water fee
line 26 established by Article 6.5 (commencing with Section 14615) of
line 27 Chapter 5 of Division 7 of the Food and Agricultural Code or
line 28 dairy safe drinking water fee established by Article 14.5
line 29 (commencing with Section 62215) of Chapter 2 of Part 3 of
line 30 Division 21 of the Food and Agricultural Code into the Safe and
line 31 Affordable Drinking Water Fund or an applicable agricultural
line 32 assessment is providing funding into the Safe and Affordable
line 33 Drinking Water Fund. established by Section 116767 of the Health
line 34 and Safety Code. For the purposes of this paragraph, “timely paid”
line 35 means that an agricultural operation has paid all applicable fees,
line 36 assessments, or charges, no later than 90 days after their respective
line 37 due dates, since the application of the fee, assessment, or charge
line 38 to the agricultural operation.
line 39 (2) Except as provided in subdivision (b), the agricultural
line 40 operation is in compliance with all applicable provisions prescribed
94
SB 623— 31 —
line 1 by a regional board or the state board in an order adopted pursuant
line 2 to Section 13263 or 13269, including, but not limited to, the
line 3 following:
line 4 (A) Requirements to implement best practicable treatment or
line 5 control.
line 6 (B) Best efforts, monitoring, and reporting requirements.
line 7 (C) Timelines.
line 8 (3) The agricultural operation is in compliance with an
line 9 applicable program of implementation for achieving groundwater
line 10 quality objectives for nitrate that is part of an applicable water
line 11 quality control plan adopted by the state board or a regional board
line 12 pursuant to Article 3 (commencing with Section 13240).
line 13 (b) (1) The mitigation requirement contained in paragraph (2)
line 14 of subdivision (a) does not include any generalized prohibition
line 15 contained in an order adopted under Section 13263 or 13269 on
line 16 causing or contributing, or threatening to cause or contribute, to
line 17 an exceedance of a water quality objective for nitrate in
line 18 groundwater or a condition of pollution or nuisance for nitrate in
line 19 groundwater.
line 20 (2) (A) An agricultural operation is not in compliance with the
line 21 mitigation requirement in paragraph (2) of subdivision (a) if the
line 22 agricultural operation has been subject to an enforcement action
line 23 under Chapter 5 (commencing with Section 13330) within the
line 24 preceding 12 months for any violation of an order adopted under
line 25 Section 13263 or 13269 authorizing discharges from agricultural
line 26 operations.
line 27 (B) Subparagraph (A) does not apply to an enforcement action
line 28 commenced after January 1, 2016, and before January 1, 2018,
line 29 inclusive, alleging that a discharge from an agricultural operation
line 30 caused or contributed, or threatened to cause or contribute, to an
line 31 exceedance of a water quality objective for nitrate in groundwater,
line 32 conditions of pollution or nuisance for nitrate in groundwater, or
line 33 both.
line 34 (3) An agricultural operation does not qualify for the
line 35 enforcement exemption set forth in this subdivision if the operation
line 36 fails to continue to make applicable payments into the Safe and
line 37 Affordable Drinking Water Fund to the extent that the agricultural
line 38 operation maintains a continuance of farming operation.
94
— 32 —SB 623
line 1 (c) Both of the following apply to a discharge of nitrogen by an
line 2 agricultural operation that occurs when the discharger is in full
line 3 compliance with the mitigation requirements:
line 4 (1) The discharge shall not be admissible in a future enforcement
line 5 action against the agricultural operation by the state board or a
line 6 regional board pursuant to Chapter 5 (commencing with Section
line 7 13300) to support a claim that the agricultural operation is causing
line 8 or contributing, or threatening to cause or contribute, to an
line 9 exceedance of a water quality objective for nitrate in groundwater
line 10 or a condition of pollution or nuisance for nitrate in groundwater.
line 11 (2) The discharge shall not be considered by the state board or
line 12 a regional board to apportion responsibility and shall not be used
line 13 by any person to diminish responsibility in any enforcement action
line 14 initiated pursuant to Chapter 5 (commencing with Section 13300)
line 15 with respect to discharges of nitrogen, regardless of source, that
line 16 did not occur in compliance with the mitigation requirements.
line 17 (d) Nothing in this section alters the state board’s or a regional
line 18 board’s authority to require or conduct investigations, to require
line 19 reports on or to establish other requirements for best practicable
line 20 treatment or control, or to require monitoring and reporting
line 21 requirements to protect water quality.
line 22 (e) This section shall not be deemed to change or alter a water
line 23 quality objective that is part of a water quality control plan adopted
line 24 by the state board or a regional board pursuant to Article 3
line 25 (commencing with Section 13240).
line 26 (f) This section shall remain in effect only until January 1, 2028,
line 27 and as of that date is repealed.
line 28 13278.2. (a) An agricultural operation shall not be subject to
line 29 enforcement undertaken or initiated by the state board or a regional
line 30 board under Section 13304 for creating or threatening to create a
line 31 condition of pollution or nuisance for nitrates in groundwater if
line 32 an agricultural operation that discharges or threatens to discharge,
line 33 or has discharged or previously threatened to discharge, nitrate to
line 34 groundwater demonstrates that it has satisfied all of the following
line 35 mitigation requirements:
line 36 (1) The agricultural operation has timely paid any applicable
line 37 fee, assessment, or charge fertilizer safe drinking water fee
line 38 established by Article 6.5 (commencing with Section 14615) of
line 39 Chapter 5 of Division 7 of the Food and Agricultural Code or
line 40 dairy safe drinking water fee established by Article 14.5
94
SB 623— 33 —
line 1 (commencing with Section 62215) of Chapter 2 of Part 3 of
line 2 Division 21 of the Food and Agricultural Code into the Safe and
line 3 Affordable Drinking Water Fund or an applicable agricultural
line 4 assessment is providing funding into the Safe and Affordable
line 5 Drinking Water Fund. established by Section 116767 of the Health
line 6 and Safety Code. For the purposes of this paragraph, “timely paid”
line 7 means that an agricultural operation has paid all applicable fees,
line 8 assessments, or charges, no later than 90 days after their respective
line 9 due dates, since the application of the fee, assessment, or charge
line 10 to the agricultural operation.
line 11 (2) Except as provided in subdivision (b), the agricultural
line 12 operation is in compliance with all applicable provisions prescribed
line 13 by a regional board or the state board in an order adopted pursuant
line 14 to Section 13263 or 13269, including, but not limited to, the
line 15 following:
line 16 (A) Requirements to implement best practicable treatment or
line 17 control.
line 18 (B) Best efforts, monitoring, and reporting requirements.
line 19 (C) Timelines.
line 20 (3) The agricultural operation is in compliance with an
line 21 applicable program of implementation for achieving groundwater
line 22 quality objectives for nitrate that is part of an applicable water
line 23 quality control plan adopted by the state board or a regional board
line 24 pursuant to Article 3 (commencing with Section 13240).
line 25 (b) (1) The mitigation requirement contained in paragraph (2)
line 26 of subdivision (a) does not include any generalized prohibition
line 27 contained in an order adopted under Section 13263 or 13269 on
line 28 causing or contributing, or threatening to cause or contribute, to
line 29 an exceedance of a water quality objective for nitrate in
line 30 groundwater or a condition of pollution or nuisance for nitrate in
line 31 groundwater.
line 32 (2) An agricultural operation is not in compliance with the
line 33 mitigation requirement in paragraph (2) of subdivision (a) if the
line 34 agricultural operation has been subject to an enforcement action
line 35 under Chapter 5 (commencing with Section 13330) within the
line 36 preceding 12 months for any violation of an order adopted under
line 37 Section 13263 or 13269 authorizing discharges from agricultural
line 38 operations.
line 39 (3) An agricultural operation does not qualify for the
line 40 enforcement exemption set forth in this subdivision if the operation
94
— 34 —SB 623
line 1 fails to continue to make applicable payments into the Safe and
line 2 Affordable Drinking Water Fund to the extent that the agricultural
line 3 operation maintains a continuance of farming operation.
line 4 (c) Both of the following apply to a discharge of nitrogen by an
line 5 agricultural operation that occurs when the discharger is in full
line 6 compliance with the mitigation requirements:
line 7 (1) The discharge shall not be admissible in a future enforcement
line 8 action against the agricultural operation by the state board or a
line 9 regional board pursuant to Chapter 5 (commencing with Section
line 10 13300) to support a claim that the agricultural operation is causing
line 11 or contributing, or threatening to cause or contribute, to an
line 12 exceedance of a water quality objective for nitrate in groundwater
line 13 or a condition of pollution or nuisance for nitrate in groundwater.
line 14 (2) The discharge shall not be considered by the state board or
line 15 a regional board to apportion responsibility and shall not be used
line 16 by any person to diminish responsibility in any enforcement action
line 17 initiated pursuant to Chapter 5 (commencing with Section 13300)
line 18 with respect to discharges of nitrogen, regardless of source, that
line 19 did not occur in compliance with the mitigation requirements.
line 20 (d) Nothing in this section alters the state board’s or a regional
line 21 board’s authority to require or conduct investigations, to require
line 22 reports on or to establish other requirements for best practicable
line 23 treatment or control, or to require monitoring and reporting
line 24 requirements to protect water quality.
line 25 (e) This section shall not be deemed to change or alter a water
line 26 quality objective that is part of a water quality control plan adopted
line 27 by the state board or a regional board pursuant to Article 3
line 28 (commencing with Section 13240).
line 29 (f) (1) This section shall become operative on January 1, 2028.
line 30 (2) This section shall remain in effect only until January 1, 2033,
line 31 and as of that date is repealed, unless a later enacted statute that
line 32 is enacted before January 1, 2033, deletes or extends that date.
line 33 13278.3. By January 1, 2027, the state board shall conduct a
line 34 public review of regulatory and basin plan amendment
line 35 implementation programs to evaluate progress toward achieving
line 36 water quality objectives with respect to nitrates in groundwater
line 37 and assess compliance with adopted timelines, monitoring
line 38 requirements, and implementation of best practicable treatment or
line 39 control.
94
SB 623— 35 —
line 1 13278.4. Nothing in this article limits the liability of a
line 2 discharger under any other law, including, but not limited to, Part
line 3 3 (commencing with Section 3479) of Division 4 of the Civil Code.
line 4 SEC. 6. No reimbursement is required by this act pursuant to
line 5 Section 6 of Article XIII B of the California Constitution for certain
line 6 costs that may be incurred by a local agency or school district
line 7 because, in that regard, this act creates a new crime or infraction,
line 8 eliminates a crime or infraction, or changes the penalty for a crime
line 9 or infraction, within the meaning of Section 17556 of the
line 10 Government Code, or changes the definition of a crime within the
line 11 meaning of Section 6 of Article XIII B of the California
line 12 Constitution.
line 13 However, if the Commission on State Mandates determines that
line 14 this act contains other costs mandated by the state, reimbursement
line 15 to local agencies and school districts for those costs shall be made
line 16 pursuant to Part 7 (commencing with Section 17500) of Division
line 17 4 of Title 2 of the Government Code.
O
94
— 36 —SB 623
ITEM NO. 8.2
AGENDA REPORT
Meeting Date: March 13, 2018 Budgeted:No
To:Board of Directors Cost Estimate:$137,480
Funding Source:Water Operating
Fund
From:Marc Marcantonio, General
Manager
Account No:1-4020-0780-36
Presented By:Steve Conklin, Engineering
Manager
Dept:Engineering
Reviewed by Legal:N/A
Prepared By:Steve Conklin, Engineering
Manager
CEQA Compliance:N/A
Subject:Award of Professional Services Agreement for Preparation of Bench-Scale
Testing for the Treatment of Groundwater
STAFF RECOMMENDATION:
That the Board of Directors: (1) approve award of a Professional Services Agreement with Carollo
Engineers, Inc. to perform bench-scale testing for the removal of perfluorinated chemicals, arsenic,
iron and manganese from groundwater and the preparation of a draft and final report for a total fee
not to exceed $137,480; and (2) authorize funding for the project from reserves.
DISCUSSION:
Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonate (PFOS) are present in the
groundwater and found in samples from all of the District's wells. They are organic compounds,
referred to a perfluorinated chemicals (PFCs) that were formerly produced in large amounts in the
United States. They were used in the manufacture of carpeting, clothing, fabrics for furniture, paper
packaging for food, and for other materials, like cookware that are resistant to water, grease or
stains (most notably as Scotchgard and Teflon). All uses have been phased out, but they continue
to be present in the air, soil and water, and thus in the blood of nearly all people tested.
Testing for PFOS and PFOA was first performed on our well water in 2013 as required under a
USEPA national test program. The District was first advised that there may be a potential issue by
USEPA in April 2016. We initiated testing on April 13, 2016 and found that PFOS and PFOA were
present in all samples. In May 2016, USEPA issued the announcement of a Health Advisory Limit
for PFOS and PFOA, which they set at 70 parts per trillion (ppt) for either compound or in
combination.
Since that time, the District, working with Orange County Water District (OCWD), has been
monitoring the concentration of these compounds on a regular basis. All of the District's well water
is pumped to Highland Reservoir where it co-mingles before it is provided to any customers. The
concentrations of PFOS and PFOA in the co-mingled reservoir water is tested on a regular basis. In
all cases, the concentration of the two compounds is less that the Health Advisory Limit
recommended by USEPA.
In June 2016, the District retained the consulting firm Carollo Engineers, to prepare a PFC
Preliminary Treatment Evaluation Report, which was completed in August 2016. The literature-
search reported on the various methods of treatment to remove PFCs and their relative costs.
Following the completion of that report, at the request of District staff, Carollo provided a proposal
in October 2016 to perform bench-scale testing of treatment methods including carbon treatment,
ion-exchange, and nanofiltration, at a cost of $121,810. District staff chose not to proceed with the
testing at that time.
In early 2017, District staff decided to consider again some bench-scale testing of granular activated
carbon (GAC) for removal of PFCs. An RFP was prepared and sent to three highly qualified firms.
Three proposals were received and evaluated by staff. Based on that review, staff recommended
retaining Carollo Engineers, based on the qualifications of their team and extensive experience.
Again, staff decided to wait and see if there were any developments on further regulations from the
state or USEPA before proceeding with bench-scale testing.
PFCs are a continuing concern across the country and we have continued to monitor the response
in other states. In some easterly states, the presence of PFCs is higher and they are taking actions
to reduce the allowable concentrations to far lower than 70 ppt. Because of these actions back east
(and now westerly to Michigan) to reduce the allowable concentrations, District staff believes that it
would be prudent to proceed with bench-scale testing of various treatment methods, and requested
a new proposal from Carollo Engineers.
In response, Carollo submitted the attached proposal, dated February 26, 2018, to perform bench-
scale testing of GAC, testing a small-scale nanofiltration membrane, and running a pilot-test for
removal of arsenic, iron, and manganese. Their work would include development of capital and
operation & maintenance costs for each treatment alternative, and preparing a draft and final report
of findings and recommendations for next steps. The proposed fee for performing this work is
$137,480. District staff has reviewed the proposal along with the labor and fee, discussed it with
staff of Carollo, and believe it to be reasonable and appropriate for the work required. Staff
recommends proceeding with the work.
This proposed project is not included in the current budget. It is requested that the Board authorize
funding from Reserves.
ATTACHMENTS:
Name:Description:Type:
Carollo_Proposal.pdf Backup Material Backup Material
3150 Bristol Street, Suite 500, Costa Mesa, CA 92626
P. 714-593-5100 F. 714.593.5101
carollo.com
February 26, 2017
Mr. Bryan Hong, P.E.
Water Quality Engineer
Yorba Linda Water District
1717 E. Miraloma Avenue
Yorba Linda, CA 92885
Subject: Proposal for Professional Engineering and Design Services for Performing Bench-Scale
Testing for PFCs, Arsenic, Iron, and Manganese
Dear Mr. Hong:
Through Carollo's recent work on the Perfluorinated Compound (PFC) Preliminary Treatment
Evaluation Report we are uniquely aware of the issues the District is facing. Carollo Engineers, Inc.
(Carollo) has prepared this scope of work for engineering services for bench-scale testing for the Yorba
Linda Water District (YLWD). It is our understanding that YLWD would like to further develop design
criteria for Perfluorooctanoic acid (PFOA) and Perfluorooctanesulfonate (PFOS) treatment alternatives
including granular activated carbon (GAC) and nanofiltration (NF). Additionally, YLWD would like to
develop design criteria for Arsenic, Iron, and Manganese treatment alternatives including an
oxidation/filtration process. The bench-scale testing will also help refine capital, operation, and
maintenance costs for each treatment alternative. With this in mind, the engineering services are
proposed to include the following six tasks:
• Perform GAC accelerated column tests (ACT).
• Perform a small-scale NF membrane test.
• Arsenic, iron, and manganese pilot testing (optional).
• Develop capital and operation and maintenance costs for each treatment alternative based on
the data gathered during the bench scale testing.
• Prepare a draft and final technical memorandum summarizing the results of the tasks listed
above and making recommendations for next steps.
• Attend two meetings with YLWD to discuss findings of the bench-scale testing.
Carollo proposes the following scope of work to perform the five tasks listed above.
GAC accelerated column tests
Carollo will coordinate with YLWD and Calgon Carbon (Calgon) to perform up to two GAC ACT.
Working with Calgon, Carollo will recommend which well should be sampled and tested. Calgon
has provided a quote to perform the ACT and is included as an attachment to this letter. Carollo
will review Calgon's report for inclusion in the draft and final report. It is assumed that YLWD will
ship three 55-gallon drums of well water per ACT to Calgon's facility in Pittsburgh, Pennsylvania.
Iron, Manganese, and Arsenic Testing (Optional Task)
Carollo will perform a small-scale oxidation/filtration pilot study to help determine water quality
and arsenic, iron, and manganese removal using a Filtronics system. Carollo will develop a detailed
testing plan that will identify the testing procedure, well to be tested, sampling plan,
responsibilities, and safety. The testing plan will provide a road map for the pilot test. Carollo will
Mr. Bryan Hong, P.E.
Yorba Linda Water District
February 26, 2018
Page 2 of 2
work with YLWD to identify the pilot location and will coordinate with Filtronics to rent and
deliver the pilot equipment. It is assumed that YLWD will provide power and process connections
for the pilot equipment.The pilot test is assumed to last a total of two months including set up and
decommissioning to achieve a total of Soo hours of operation. Carollo will provide pilot operation
and sampling. It is assumed that the pilot operator will be onsite three days per week for a period
of four weeks. Carollo will gather and organize all pilot data,which will be summarized in the draft
and final reports.
Small-Scale Nanofiltration Membrane Test
Carollo will perform a small-scale nanofiltration test to help determine water quality and PFOA
and POFS removal of two nanofiltration membranes. Carollo's scope will include development of a
testing plan,purchase of the nanofiltration membranes, operation of the bench-scale system, and
review of the data and laboratory results.The test will include treating approximately 5 gallons of
well water for each test to obtain samples of the membrane permeate and concentrate.The bench-
scale test along with membrane modeling software will help refine operational costs and
anticipated water quality. It is assumed that 20 PFC samples will be analyzed by YLWD's preferred
laboratory.
Canital. Operation.and Maintenance Costs
Carollo will develop a Class 5 capital cost estimate for each alternative and will use data provided
by Calgon,the NF bench-scale test, and the iron,manganese, and arsenic testing to estimate
operation and maintenance costs for each treatment alternative.
Draft and Final Report
Carollo will develop a report to summarize the findings from the GAC,NF bench-scale tests, and
iron,manganese, and arsenic tests.The advantages, disadvantages, and life-cycle costs of each
treatment alternative will be analyzed and recommendations for the most cost effective treatment
process will be made.
Our cost proposal is included as an attachment to this letter.Thank you for considering Carollo for this
important evaluation.
In closing,we are very excited to continue to assist YLWD with your PFC evaluation.As your project
manager, I certify that I meet the requirements of this solicitation and that we have reviewed and
accept the terms of the professional services agreement with the exception of adding"negligent"
between Consultant's and performance in Paragraph 5.1. Please feel free to contact me at 714-697-1576
or awiesner@carollo.com.
Sincerely,
CAROLLO ENGINEERS, INC.
-- --_- - --�_- r- -'71&
Andrew D.Wiesner, P.E. Jess Brown, Ph.D. P. .
Project Manager Principal in Charge
Project No 2018_0221 YLWD PFC Bench-scale testing Proposal.docx
carollo.com
Yorba Linda Water District
Carollo Engineers, Inc.
PFC Bench Scale Testing
Professional Engineering Services
LABOR AND COST ESTIMATE
February 26,2018
DescriptionTask
Senior Project Project Assistant Support Staff Carollo Engineers Subs/ Task Total
•D
Professional Professional Professional$250 $220 $170 $100 Total Hours Labor Cost Cost Cost
Task 1: General Coordination and Project Administration
1.1 Kickoff Meeting,Agenda,and Minutes 2 8 8 18 $ 3,620 $ 50 $ 3,670
1.2 Project Schedule 4 4 $ 880 $ $ 880
1.3 Coordination,Schedule and Budget Monitoring,and Administration 8 8 $ 1,760 $ $ 1,760
1.4 Monthly Progress Reports 4 4 $ 880 $ $ 880
1.5 Draft Report Review Meeting 2 8 8 18 $ 3,620 $ 50 $ 3,670
Task 1 Subtotal 4 32 16 0 52 $ 10,760 $ 100 $ 10,860
Task 2: GAC Accelerated Column Tests
2.1 GAC Accelerated Column Tests 2 4 4 10 $ 2,060 $ 17,600 $ 19,660
Task 2 Subtotal 2 4 4 0 10 $ 2,060 $ 17,600 $ 19,660
Task 4: NF Bench-Scale Tests
4.1 NF Bench-Scale Test Plan 2 6 8 16 $ 3,180 $ - $ 3,180
4.2 NF Bench-Scale Testing 4 8 16 28 $ 5,480 $ 5,100 $ 10,580
Task 4 Subtotal 6 14 24 0 44 $ 8,660 $ 5,100 $ 13,760
Task 5: Cost Estimate and Report
5.1 Develop Cost Estimates 4 8 16 28 $ 5,480 $ - $ 5,480
5.2 Prepare Draft Report 4 24 56 4 88 $ 16,200 $ - $ 16,200
5.3 Prepare Final Report 2 6 12 4 24 $ 4,260 $ 200 $ 4,460
Task 5 Subtotal 10 38 84 8 140 $ 25,940 $ 200 $ 26,140
TOTAL 22 88 128 8 246 $47,420 $23,000 $70,420
Task 3: Iron,Manganese,and Arsenic Testing(Optional)
3.1 Prepare Iron,Manganese,and Aresnic Testing Plan 2 8 16 4 30 $ 5,380 $ - $ 5,380
3.2 Pilot Testing for Fe,Mn,and As 4 40 120 164 $ 30,200 $ 17,000 $ 47,200
3.3 Project Management 12 12 $ 2,640 $ - $ 2,640
3.4 Report 26 36 62 $ 11,840 $ - $ 11,840
Task 3 Subtotal 6 86 172 4 268 $ 50,060 $ 17,000 $ 67,060
Total Including Optional Tasks 28 174 300 12 514 $ 97,480 $ 40,000 $ 137,480
1
CalgonCarbon®
L� Pare Water. Clean Air.
Better World.
Yorba Linda Water District Accelerated Column Test(ACT) Scope
CCC will conduct two ACT tests simulating the treatment of a 500 GPM stream through a 10 ft. diameter vessel -one
containing 20,000 lbs of Filtrasorb 400 12x40 GAC and one containing 20,000 lbs of Filtrasorb 600 12x40 GAC. The test
will simulate the operation for the equivalent of 2 years of full scale operation with an empty bed contact time (EBCT) of
10.2 minutes through the lead vessel of a lead-lag system. Upon completion of all analyses, CCC will provide a copy of all
analytical results incorporated into a final report that describes the test procedures used, as well as the results and
conclusions of the test/study.
The ACT will run approximately 42 days and require at least Four(4) 55-gallon drums of water to be treated (6 drums may
be advised to ensure the test can be run long enough to reach sufficient breakthrough). The ACT can typically be started
within five (5) business days of receipt of the water and full agreement on the scope of work.
EBCT NOTE: The specified EBCT of 10.2 minutes assumes a standard 85% GAC packing factor due to initial backwash
in a full scale installation. Because the lab scale ACT columns cannot be backwashed, the simulated and reported EBCT
in the study will differ somewhat, but the adsorption and breakthrough data generated will be representative of the
proposed system. We just wanted to bring this to your attention in case questions arise to slightly different EBCTs in the
final lab report compared to what is being proposed.
Items Included in the ACT Scope:
Carbon and equipment preparation for two GAC products
Manpower during the ACT runs of approximately 42 days
PFC Analytical (5 samples/week(1 feed +4 effluent) *6 weeks
TOC Analytical (5 samples/week(1 feed +4 effluent) *6 weeks
Data processing and Final Summary Report for the two GACs proposed
Yorba Linda Water District ACT Proposal Price: $ 16,800.00
3000 GSK Drive • Moon Township, PA 15108 • 412.787.6700 • www.calgoncarbon.com
r
nn "�
3726 E. Miraloma Ave., Anaheim, California 92806
Phone: (714)-630-5040 Fax: (714)-630-1160
www.filtronics.com
February 23, 2018
Mr. Andrew Wiesner. P.E.
Carollo Engineers, Inc.
3150 Bristol Street, Suite 500
Costa Mesa, CA 92626
QUOTATION NO.: 180223-2
OUR REF: 180223 YorbaLinda WD pil pro
PROJECT: Yorba Linda WD Pilot Test
Dear Mr. Wiesner:
We are pleased to offer our proposal for an Electromedia° i arsenic and manganese
removal pilot test. It is our experience that a pilot test is vital for the design of any water
filtration system to ensure the technology being used meets its goals and objectives.
Goals and Objectives
• Demonstrate the effectiveness of the system to reduce the iron and manganese
levels below the California Secondary Maximum Contaminant Levels and arsenic
levels to below the EPA Maximum Contaminant Levels.
• Determine filter run times.
• Determine chemical dosages needed for full scale system
• Run outside lab analysis of backwash solids and supernatant to assess potential
hazard.
• Calculate operating, chemical and electrical costs for full scale system.
• Generate report with narrative of pilot events, summary of data, graphic
presentation of field and laboratory results.
• Provide the basis for a performance warranty.
Pilot Test System
The Filtronics Pilot will use our Electromedia° 1 at a loading rate of 10 gpm/ft2 for the
water quality provided. The filter column will be 20" in diameter similar to the one
pictured below.
k
•
I
The 3" and 4" diameter filters are standard for pilot tests. Filtronics has nearly a
thousand individual filter tanks that were built using the results from 3" & 4" pilot tests.
Here are a few projects in California pilot tested by Filtronics and operating efficiently
today.
Indian Wells Community Water District, Ridgecrest, CA, Design 6000 gpm (2 plants)
Military Base, California, Design 11,000 gpm 2plants)
-iIIIII11IIj!L i1jjjjjjjjj.1 jilil
a
Eastern Municipal Water, Perris, CA, Design 8,000 and 2,20 m
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r
The equipment supplied by Filtronics will be as follows:
• One 4"D X 54" Pressure filter using Electromedia°
• Twelve element static mixer (KoFlo)
• Effluent Flow Meter, flow and totalizer
• Backwash flow meter
• All water connections, feed water, filter effluent, backwash effluent
• Sodium Hypochlorite feed system
• Sodium Bisulfite feed system, if needed
• Ferric Chloride feed system, if needed
• Differential pressure gauges
• Online free Chlorine analyzer Superior Colorimetric
• Supernatant reclaim injected into the feed water influent line at 10% of filter
effluent flow.
• Sampling ports
• Hach DR 900 Colorimeter
• All relevant equipment will be either NSF 61 certified or DDW approved
• Sample bottles for outside lab.
• Small poly tanks for collecting back wash, and spill containment.
• Any chemicals required in the first week will be furnished by Filtronics.
• Unit remains the property of Filtronics, Inc.
The customer shall furnish the following:
• Level and secure site with automobile access.
• One each 20 amp, 120 VAC power connection.
• Water supply to pilot unit from well to be treated must be run at design rate and
supply 20 - 35 psi through a hose bib for testing.
• Sewer or waste connection for filter discharge at 20 gpm and backwash flow of
up to 45 gpm.
• Sample bottles, chain of custody, coolers, shipping and contact information for
laboratory analysis of split samples.
• Customer is responsible for insurance of its property, personnel, etc.
• Customer shall pay the cost for analytical services provided by an outside
laboratory
• Customer is responsible for any chemicals required after the first week of testing.
Project Staffing
David Chamberlain
• Service Technician, Filtronics, Inc.
• 25 years in water and wastewater business
• 25 years in automation control design and programming in the water and
wastewater industry
Terms
1. 50% payment of pilot fee upon order.
2. Balance to be paid net 15 days from final invoice.
3. Filtronics requires at least two weeks advance notice from order date for
scheduling of personnel and equipment.
PILOT FEE FIRST MONTH--------------------------------------------------$12,500.00
ADDITIONAL MONTHS-------------------------------------------------------$ 2,500.00
TWO MONTH TOTAL----------------------------------------------------------$15,000.00
TRAVELING EXPENSES such as lodging, transportation, meals, and other
miscellaneous expenses are not included and will be billed separately.
Very truly yours,
FIL TRCNICS, INC.
W. R. Hoyer
ACCEPTED BY: Carollo Engineers, Inc.
PROJECT: Yorba Linda Water District
SIGNATURE:
TITLE:
DATE:
P.O. NUMBER:
Copyright Notice Copyright°2018 by Filtronics, Incorporated. All rights reserved.
Trademarks Electromedia is a registered trademark of Filtronics,Incorporated.
Electromedia I is a trademark of Filtronics, Incorporated
TRADE SECRETS NOTICE: ALL RIGHTS RESERVED
This material contains the valuable properties and trade secrets of
Filtronics Incorporated, a California corporation, embodying
substantial creative efforts and confidential information, ideas and
expressions, no part of which may be reproduced or transmitted in
any form or by any means, electronic, mechanical, or otherwise,
including photographic and recording, or in connection with any
information storage or retrieval system without written permission
from Filtronics Inc.
COPYRIGHT NOTICE: COPYRIGHT (C) 2018
by Filtronics Incorporated. All rights reserved.
An unpublished work.
GENERAL TERMS OF SALE
Filtronics, Inc. hereinafter"Seller"is an original equipment manufacturer. The equipment sold contains proprietary, trade secrets of
Seller and shall not be disclosed.
1. Terms of Payment: All invoices are due and payable fifteen (15) days from the date of the invoice. No discounts are
authorized,unless otherwise specified.
2. Shipping Point: All prices are F.O.B. Seller's plant in Anaheim, California, unless otherwise expressly provided in this
contract.
3. Delivery: The shipping dates as specified above are approximate;are subject to the Seller's prompt receipt from the Buyer
of all necessary information and are subject to the Seller's current production schedules. Seller shall not be liable in any
respect for failure to ship or for delay in shipment where such failure or delay shall be due in whole or in part to shortage or
curtailment of materials, labor,transportation or utility services,or due to any labor or production difficulty in Seller's plant or
those of its suppliers,or to any cause beyond Seller's control.
4. Failure to Reject: Before the materials covered hereby are used and within five(5)days of receipt of shipment,the Buyer
shall notify the Seller, in writing, of any defects or omissions. Failure to so notify the Seller shall constitute an irrevocable
acceptance of the goods.
5. Taxes: Sales, use, excise, property or similar taxes arising out of or relating to this order or the goods delivered are not
included in the price,except as otherwise specifically stated in the invoice. All such taxes are the responsibility of the Buyer.
The Seller shall have the right at any time to separately bill the Buyer for any such tax which the Seller may be called upon
to pay,and the Buyer shall be obligated to pay Seller such amount.
6. Force Majeure: Neither party shall be liable for any failure or delay in performance under this Agreement(other than for
delay in the payment of money due and payable hereunder)to the extent said failures or delays are proximately caused by
causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation,
failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this
Agreement, provided that,as a condition to the claim of non-liability,the party experiencing the difficulty shall give the other
prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance
obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
7. Warranty: Seller guarantees equipment of its own manufacture to be free from defects in material and workmanship for a
period of 18 months from the invoice date or 12 months from the date of installation, whichever is sooner, and when the
equipment is paid for, properly operated and maintained. No warranty if given for products or components which have been
subject to misuse, improper installation,corrosion,or which have been disassembled, modified,or repaired by unauthorized
persons. No other express or implied warranty is given and THE SELLER MAKE NO WARRANTY OF MERCHANTABILITY
AND THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
8. Seller's liability, if any, shall be limited to the value of the product as supplied to the Buyer. The Seller at its option may
repair or replace any equipment found to be defective. All shipping and field warranty inspection costs shall be paid by the
Buyer. It is expressly agreed that the remedy provided in this section shall be the exclusive remedy against the Seller for all
such claims of any kind. In no event,whether as a result of breach of contract or warranty or alleged negligence,or of any
other claim or any other kind shall the Seller be liable for special or consequential damages including, but not limited to loss
of profits or revenue,loss of use of the equipment or any associated equipment,cost of capital,cost of substitute equipment,
facilities or services,down time costs,or claims of customers of the purchasers for such damages. The Buyer assumes all
responsibility for loss or damages resulting from the handling or use of the material or goods covered hereby.
9. Technical Advice: Seller,upon Buyer's request,may furnish technical advice with reference to the use of the material sold
hereunder, if and to such extent as Seller has such advice conveniently available; but it is expressly agreed that there is no
obligation to furnish any such advice,and that if any advice or assistance is furnished,which will be without charge, it shall
be given and accepted at Buyer's risk, and Seller shall not be responsible or liable for the advice or assistance given or
results thereof.
10. Entire Contract: This Agreement constitutes the entire contract of sale and purchase of the goods named herein. No
modification hereof shall be of any force or effect unless in writing and signed by the party claimed to be bound thereof.
11. Waiver: The failure of the Seller to insist, in any one instance or more, upon the performance of any of the covenants or
conditions of this contract,or to exercise any right or privilege herein conferred,shall not be construed as thereafter waiving
any such covenants,conditions,rights or privileges,but the same shall continue and remain in full force and effect.
12. Financial Responsibility: If payment is not made in accordance with the terms of this agreement,or if the Seller shall have
any doubt at any time of Buyer's financial responsibility, Seller may withhold delivery of goods or services called for
hereunder.
13. Risk of Loss: The risk of loss of the goods shall pass to Buyer as soon as the goods are delivered to Buyer at Seller's
plant.
14. Attorney's Fees: The Buyer shall pay for the Seller's costs of collection of Buyer's debt hereunder, including attorney's
fees.
15. Applicable Law: This agreement shall be governed by the laws of the State of California and any claim arising hereunder
shall,at the Seller's election,be prosecuted in the appropriate court of Orange County,California. The Buyer hereby attorns
to the jurisdiction and judgement of the courts of the County of Orange, State of California,and agrees that a judgement of
an Orange County,California court shall be enforceable in the jurisdiction in which the Buyer is located.
16. Late Charges:Overdue accounts shall bear interest at the rate of one and one half percent(1 '/2%)per month until paid.
17. Acceptance of Shipment: Acceptance of shipment constitutes acceptance of above terms and conditions.
ITEM NO. 9.1
AGENDA REPORT
Meeting Date: March 13, 2018
Subject: Status of Operations Activities
STRATEGIC PLAN:
OE 2-13: Develop Measurable Productivity Goals
ATTACHMENTS:
Nam, Description: Type:
Operations Activities.Ddf Backup Material Backup Material
Operations Department
January/February 2018
O&M Activities
Presented by:
John DeCriscio
Operations Manager 1
Water Production Report
MONTH
IN-LIEU
GW
(AF)
ACTUAL
GW
(AF)
ADJUSTE
D
IMPORT
(AF)
TOTAL
DEMAND
(AF)
MONTHLY
GW
(%)
YTD
GW
(%)
BUDGET
(Demand
Est.)
(AF)
DELTA
(%)
Jul-17 24.3 1,466.5 638.9 2,129.7 70.0%70.0%2,045.9 4.1%
Aug-17 630.8 845.5 632.7 2,108.9 70.0%70.0%2,036.9 3.5%
Sep-17 547.1 790.4 573.3 1,910.7 70.0%70.0%1,906.0 0.2%
Oct-17 549.2 804.1 580.1 1,933.4 70.0%70.0%1,706.2 13.3%
Nov-17 421.1 670.8 468.0 1,559.8 70.0%70.0%1,351.8 15.4%
Dec-17 449.8 684.5 486.2 1,620.5 70.0%70.0%894.0 81.3%
Jan-18 184.5 727.6 390.9 1,303.0 70.0%70.0%1,141.1 14.2%
Feb-18 -935.6 418.9 1,354.5 69.1%69.9%1,055.7 28.3%
Mar-18 1,268.3
Apr-18 1,460.9
May-18 1,600.8
Jun-18 1,704.3
FYTD 2,806.8 6,925.0 4,188.9 13,920.7 69.9%12,137.6 14.7%
2
Project Overview: Budget $50,000 for both sites
Design structure facility
Design pump requirements
Build system to meet water quality needs
Camino de Bryant and Hidden Hills
Reservoir Management Systems
3
Chlorine injection pump and chlorine drum in overflow weir box
4
Camino de Bryant “RMS” Structure
5
Camino de Bryant “RMS” Structure
6
Project Update: Budget $50,000
Design structure facility (Completed)
Design pump requirements (Completed)
Build system to meet water quality needs (In Progress)
Project will be over budget as we made choices to build a better
system.
Camino de Bryant and Hidden Hills
Reservoir Management Systems
7
Camino de Bryant and Hidden Hills
Reservoir Management Systems
Budgeted design
Storage shed = $2500
No fire rating
Wood frame
Low Quality Chemical Pumps
$4,000
No Alarm capability
Manual adjustments
No rebuild kits available
50 Gallon storage drums
More trips to refill
Design improvements
Storage container = $5900
Fire proof
Lights and ventilation
Security switches on doors
Controllable chemical pumps
$12,000
Alarms to SCADA operators
Remote adjustable
200 Gallon solution tank
Less trips between refills
8
Well #15 Painting Project
9
Well #15 Chlorination Building Painting
10
Program Overview: Budget $120,000
Operate 50% of the valves in the system. (5,900)
Replace defective valves as identified during the valve turning
program.
Ensure valve cans are correctly installed to allow access to all
valves.
Carry out water shut downs for contractors and the Engineering
Department.
VALVE CREW
11
Valve Turning Program
12
Up to the end of January (58% of the year) we have spent $83,752 (70%)
of the budget.
What have we done June 2017 through February 2018:
Valve Turning Program 2,848 valves turned. (48%)
Repaired 6 valves.
Replaced 70 valves.
Raised to grade 48 valve cans.
13
Valve replacement
before and after
14
Questions ?
15
ITEM NO. 12.8
AGENDA REPORT
Meeting Date: March 13, 2018
Subject:OCWD Board - March 7, 2018 (Miller/Jones)
ATTACHMENTS:
Name:Description:Type:
Miller_Memo.pdf Backup Material Backup Material
J. Wayne Miller Memo
Subject: OCWD Board Meeting March 7, 2018
Most relevant topic was the budget. Very little discussion. Timeline and cost structure are shown below; more detail is in
the meeting handout. After the main meeting, in small group discussion, I learned that Anaheim, Fullerton and Santa Ana
sent the attached letter asking for no increase in the REPLENISMENT ASSESSMENT for next year. Plan is for a 6% increase
that districts would have to pass on.
Water tax…GM from Anaheim talked about the process used in PA and MO wherein districts delivering unhealthy water
are absorbed into districts with resources. Private companies are offered incentives, like increased profit margins.
Interesting.
Ful.��
a, �-A
C,
'�Crt±DFt�
March 5,2018
Dear OCWD Board Members,
The cities of Anaheim, Fullerton and Santa Ana serve approximately 835,000 residents with drinking
water supplied from the Orange County Basin. Each of our agencies have had little choice but to
significantly increase water rates to keep up with the rising water replenishment rate for groundwater.
The Orange County Water District(OCWD)has effectively managed the groundwater basin; however,
we are concerned about the impacts of another substantial increase in the proposed budget and
replenishment assessment.
The cities share a common history and growth over the past 1217 years, Approximately 30%of our
residents live in disadvantaged communities and struggle with basic housing needs. Keeping up with
rising costs is a daily battle for our low-income residents who are working multiple jobs in many cases as
water rates increase their overall cost of living. Many of the struggling residents are renters that can't
conserve their way to an affordable water bill, as landlords pass through rate increases through higher
rents.
The cost of our water supply froze OUT water wholesalers has been a primary cause of water rate increases
over the past five years. OCWD alone has increased the replenishment assessment 72%over the past five
years, causing the three cities to pass that cost along to our residents and local businesses. As Mayors and
Board Directors, we understand the value in maintaining adequate water levels to protect groundwater
pumping, but we cannot ignore the needs of our communities. We are requesting that OCWD not
increase the replenishment assessment next year. We are in need of much-needed financial relief on
wholesale water costs for our respective customers.
OCWD has been effective in managing the water levels in the basin through our recent drought. We
thank the Board and staff for their diligent work to protect this important water supply. We appreciate
you keeping this resource affordable for our customers,as we face future water supply challenges.
Sincerely,
Torn Tait Doug CMwffee guel phi o
Mayor, City of Anaheim Mayor, City of Fullerton Mayor,Cit, of Santa Ana
?,Z'z,1,A 3 - r
CfJOCWD
mes Vanderbilt Bruce Whitaker Vincent Sarmiento
Director OCWD Director OCWD Director
ITEM NO. 13.1
AGENDA REPORT
Meeting Date: March 13, 2018
Subject:Meetings from March 14 - April 30, 2018
ATTACHMENTS:
Name:Description:Type:
BOD_-_Activities_Calendar.pdf Backup Material Backup Material
Board of Directors Activity Calendar
Event Date Time Attendance By
March
OC LAFCO Wed, Mar 14 8:15 AM Nederhood (As Needed)
YL Planning Commission Wed, Mar 14 6:30 PM Hawkins (As Needed)
ACWA Member Briefing Fri, Mar 16 8:00 AM Jones/Nederhood
Joint Committee Meeting with City of Yorba Linda Mon, Mar 19 4:00 PM Nederhood/Jones
YL City Council Tue, Mar 20 6:30 PM Hawkins
MWDOC Board Wed, Mar 21 8:30 AM Nederhood/Jones
OCWA Luncheon Wed, Mar 21 11:30 AM Jones
OCWD Board Wed, Mar 21 5:30 PM Miller/Jones
Interagency Committee Meeting with MWDOC and OCWD Thu, Mar 22 4:00 PM Nederhood/Jones
Board of Directors Regular Meeting Tue, Mar 27 6:30 PM
OCSD Board Wed, Mar 28 6:00 PM Hawkins
YL Planning Commission Wed, Mar 28 6:30 PM Hawkins (As Needed)
ISDOC Thu, Mar 29 11:30 AM TBD
April
ISDOC Executive Committee Tue, Apr 3 7:30 AM Nederhood
Board of Directors Workshop Meeting Tue, Apr 3 4:30 PM
YL City Council Tue, Apr 3 6:30 PM Miller
MWDOC Wed, Apr 4 8:30 AM Nederhood/Jones
SoCal Gas Sustainability Seminar Wed, Apr 4 9:00 AM Jones
OCSD Operations Committee Wed, Apr 4 5:00 PM Hawkins
OCWD Board Wed, Apr 4 5:30 PM Miller/Jones
MWDOC Elected Officials Forum Thu, Apr 5 6:00 PM Jones/Nederhood
WACO Fri, Apr 6 7:30 AM TBD
Board of Directors Regular Meeting Tue, Apr 10 6:30 PM
LAFCO Wed, Apr 11 8:15 AM Nederhood (As Needed)
YL Planning Commission Wed, Apr 11 6:30 PM Hawkins (As Needed)
YL City Council Tue, Apr 17 6:30 PM Nederhood
MWDOC Board Wed, Apr 18 8:30 AM Nederhood/Jones
OCWD Board Wed, Apr 18 5:30 PM Miller/Jones
MWDOC Water Policy Forum Thu, Apr 19 5:30 PM Jones/Nederhood
SoCal Gas Sustainability Seminar Tue, Apr 24 8:30 AM Jones
Board of Directors Regular Meeting Tue, Apr 24 6:30 PM
MWDOC/OCWD Joint Planning Committee Wed, Apr 25 8:30 AM Jones/Miller/Nederhood
OCSD Board Wed, Apr 25 6:00 PM Hawkins
YL Planning Commission Wed, Apr 25 6:30 PM Hawkins (As Needed)
Board of Directors Workshop Meeting Thu, Apr 26 4:30 PM