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HomeMy WebLinkAbout2021-12-14 - Resolution No. 2021-44RESOLUTION NO. 2021-44 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT SUPPORTING FEDERAL PFAS LEGISLATION THAT PROTECTS RATEPAYERS AND WATERIWASTEWATER AGENCIES WHEREAS, the Yorba Linda Water District ("District") is a county water district organized and operating pursuant to the provisions of the laws of the State of California (State or California). WHEREAS, PFAS are a group of chemicals developed by chemical manufacturers that would otherwise not exist naturally and despite playing no role in releasing PFAS into the environment, cities and water agencies must find ways to remove them from local water supplies. WHEREAS, PFAS have been detected in the Orange County Groundwater Basin, managed by Orange County Water District, and are estimated to cost Orange County communities more than $1 billion over 30 years—a cost that will likely increase. WHEREAS, ratepayers are at risk from pending PFAS legislation and associated PFAS costs, and water agencies and stakeholders must take action to inform members of Congress of these devastating impacts. WHEREAS, all PFAS-related legislation must exempt water and wastewater agencies from any liability for PFAS cleanup costs. WHEREAS, a water utility that complies with applicable and appropriate federal management and treatment standards must not be responsible for current and future costs associated with a PFAS cleanup. WHEREAS, given the potential for federal legislation, such as the PFAS Action Act of 2021 (H.R. 2467), to expose water agencies that simply receive and treat water supplies with across-the-board liability for PFAS-related cleanups when they have no responsibility for the presence of PFAS, an explicit exemption from Superfund clean-up liability must be made for water and wastewater agencies. WHEREAS, under existing law (Safe Drinking Water Act), the USEPA ensures that public health benefits of new drinking water standards are reasonably balanced with the compliance costs that water system ratepayers will ultimately incur and eliminating this analysis would burden ratepayers of all income levels with astronomical costs to comply with drinking water standards. WHEREAS, when setting drinking water standards for PFOA and PFOS, we advocate for the USEPA to use this longstanding methodology. Resolution No. 2021-44 Supporting Federal PFAS Legislation that Protects Ratepayers and Water/Wastewater Agencies NOW THEREFORE BE IT RESOLVED that the Board of Directors of the Yorba Linda Water District hereby supports these federal PFAS policy principles to protect water/wastewater agencies and their ratepayers; and FURTHERMORE, calls upon the Orange County Congressional Delegation and California Senatorial Delegation to cast votes implementing these public policy positions. PASSED AND ADOPTED this 14th day of December, 2021 by the following called vote: AYES: Directors DesRoches, Hawkins, Jones, Lindsey, and Miller NOES: None ABSTAIN: None ABSENT: None ATTEST: nn le Alexander, goard Secretary Yorba Linda Water District Reviewed as to form by General Counsel: , An rew B. Gagen, q. Kidman Gagen Law LLP � J. Wayne Miller, PhD., President Yorba Linda Water District Resolution No. 2021-44 Supporting Federal PFAS Legislation that Protects Ratepayers and WaterNVastewater Agencies