BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Recommended Positions on State Legislation: SB 971 (Hertzberg) Small Water Supplier and Countywide Water Shortage Contingency Planning; *Midpeninsula Regional Open Space District $20 million Senator Beall Member Budget Request; *AB 2560 (Quirk) Water Quality: Notification and Response Levels: Procedures; *AB 3232 (Friedman) Commercial Washing Machines: Microfiber Filters;*SB 952 (Nielsen) Sales and Use Taxes: Exemption: Backup Electrical Resources: Deenergizing Events; *SB 1044 (Allen) Firefighting Equipment and Foam: PFAS Chemicals; and Other Legislation Which May Require Urgent Consideration for a Position by the Board.
End
RECOMMENDATION:
Recommendation
A. Adopt a position of “Support” on: SB 971 (Hertzberg) Small Water Supplier and Countywide Water Shortage Contingency Planning;
B. *Adopt a position of “Support” on: Midpeninsula Regional Open Space District $20 million Senator Beall Member Budget Request;
C. *Adopt a position of “Support” on: AB 2560 (Quirk) Water Quality: Notification and Response Levels: Procedures;
D. *Adopt a position of “Support” on: AB 3232 (Friedman) Commercial Washing Machines: Microfiber Filters;
E. *Adopt a position of “Support” on: SB 952 (Nielsen) Sales and Use Taxes: Exemption: Backup Electrical Resources: Deenergizing Events; and
F. *Adopt a position of “Support” on: SB 1044 (Allen) Firefighting Equipment and Foam: PFAS Chemicals.
Body
SUMMARY:
SB 971 (Hertzberg) Small Water Supplier and Countywide Water Shortage Contingency Planning. (I-02/11/20)
Position Recommendation: Support
Priority Recommendation: 3
SB 971 would require a small water supplier, with 1,000 to 2,999 service connections, to prepare and adopt a water shortage contingency plan. Additionally, small water suppliers with 15 to 999 service connections would be required to take specified actions related to water shortage planning and response.
Current law requires every water supplier to prepare an Urban Water Management Plan (UWMP) and include a water shortage contingency plan. Small and rural community water systems are not required to prepare an UWMP in recognition of their limited financial and planning resources. Recently enacted law requires the Department of Water Resources (DWR), in consultation with the State Water Resources Control Board (State Water Board) and other relevant state and local agencies and stakeholders, to use available data to identify, no later than January 1, 2020, small water suppliers and rural communities that may be at risk of drought and water shortage vulnerability. The law requires DWR, in consultation with the State Water Board, to propose to the Governor and the Legislature, by January 1, 2020, recommendations and guidance relating to the development and implementation of countywide drought and water shortage contingency plans to address the planning needs of small water suppliers and rural communities.
The bill would require a county at risk of drought or water shortage to take specified actions related to water shortage planning and response, including, among other actions, including drought and water shortage planning information in the county’s existing planning processes and establishing a county drought and water shortage task force.
This bill would impose requirements on DWR and the State Water Board to support implementation of the recommendations of the County Drought and Advisory Group, including requiring DWR to maintain its drought and water shortage risk vulnerability tool for small water suppliers and rural communities. The bill also requires the State Water Board to identify state small water systems, small water suppliers and rural communities, and concentrations of domestic wells in California through a data system like the one used by DWR for public water systems.
Importance to Valley Water
Numerous small water systems around the state, primarily in the Central Valley, lack safe drinking water but water systems that struggle to provide safe drinking water or manage their systems effectively exist throughout the state. This was exacerbated during the last drought, which caused some communities, such as Porterville, to completely run out of water for an extended period. Currently, the State Water Board indicates that there are over 300 water systems that are out of compliance with safe drinking water regulations.
SB 971 is sponsored by the California Municipal Utilities Association, of which Valley Water is a member, and the Community Water Center to codify the recommendations from DWR’s forthcoming County Drought Advisory Group report, which was due in January of 2020, but has not been completed. The report is required per AB 1668 (Friedman, 2018) which was passed by the Legislature and signed by the Governor in conjunction with SB 606 (Hertzberg, 2018) to improve water management planning in response to the Brown Administration’s framework “Making Conservation a Way of Life,” which was released after the historic drought of 2012-2016.
While the lack of safe drinking water is not an extensive problem in Valley Water’s jurisdiction, there are some small water systems in Santa Clara County that have issues with a limited number of contaminants and proper planning for extended droughts. Planning for these small water systems is provided by either the State Water Board, or through the Local Primacy Agency Program by the county.
Staff recommends that the Board adopt a position of “Support” on SB 971.
Pros
• Improves drought planning for small water systems.
• Creates a response plan in the event of a drought for small water systems lacking water for health and safety.
Cons
• Funding for the implementation of the County Drought Advisory Group recommendations is not included.
*Midpeninsula Regional Open Space District $20 million Senator Beall Budget Request.
Position Recommendation: Support
Priority Recommendation: 3
The Midpeninsula Regional Open Space District (Midpen) is pursuing a member budget request through Senator Beall for a $20 million appropriation for the Wildlife and Regional Trail Crossing, a nature overpass to be constructed over U.S. Highway 17. This project is intended to build a bridge overarching the highway that is designed to preserve the habitat for local wildlife by connecting the natural landscape that is fragmented by the highway. This structure would allow wildlife to cross the highway freely and safely while still serving the needs of motorists to safely use the highway.
Impacts on Valley Water
Valley Water is a steward of the environment, as well as endangered species. Constructing this nature overpass would help expand wildlife habitat by connecting species, some of which are endangered, with the natural resources they need to survive.
The nature overpass also could help increase wildlife and improve public safety by reducing the number of vehicle collisions with wildlife on the highway, which are currently a common occurrence.
Staff recommends that the Board adopt a position of “Support” on the Midpeninsula Regional Open Space District $20 million Senator Beall Member Budget Request.
Pros
• Protects wildlife by allowing safe passage across highway and connecting them to natural resources they otherwise would not be able to access.
• Promotes public safety by reducing the number of collisions with wildlife.
• Preserves California’s natural environment by connecting habitat areas.
Cons
• Roads may be temporarily closed due to construction.
*AB 2560 (Quirk) Water Quality: Notification and Response Levels: Procedures
Position Recommendation: Support
Priority Recommendation: 3
AB 2560 would require the State Water Resources Control Board (State Water Board) to follow public notice and public comment processes when establishing or revising water contaminant Notification or Response Levels. The bill would also require the State Water Board to follow and peer review procedures in the process.
Specifically, the bill requires the State Water Board to adhere to the following:
• Electronically post on its website and distribute through email a notice informing interested persons that the State Water Board has initiated the development of a Notification or Response Level;
• Electronically post on its website and distribute through email a notice that a draft Notification or Response Level is available;
• Submit its draft Notification or Response Level for external peer review;
• Take a formal action to finalize and adopt the Notification or Response Level
The California Safe Drinking Water Act requires the State Water Board to adopt drinking water standards for contaminants in drinking and requires public water systems to ensure its compiling with those drinking water standards. The State Water Board establishes Notification Levels based on Advisory Levels created by the Division in Drinking Water (DDW) for chemicals in drinking water that lack maximum contaminant levels (MCL). Regulatory MCL’s are established at levels at which a contaminant has been found to be unsafe, and water systems are required to treat drinking water to reduce contaminants below the established level.
Impacts to Valley Water
As public water system, Valley Water is required to meet all regulatory requirements established by DDW for drinking water providers. The State Water Board establishment of a notification or response level is usually the first step to the adoption of a formal Maximum Contaminant Level standard for the specific contaminant in drinking water. However, because a Notification Level is non-regulatory, as it does not require water providers to treat for the contaminant, the process lacks formality and public involvement. AB 2560 is an effort by the sponsors, the California Municipal Utilities Association, to formalize the process and provide the public, including water agencies, the ability to actively engage in that process.
Additionally, AB 2560 would require the State Water Board to provide the public with the scientific studies that were used to establish a Notification Level and to submit the draft notification level or response level for scientific external peer review. This section is intended to ensure that the State Water Board decisions on the establishment of Notification or Response levels is based on sound science.
Staff recommends that the Board adopt a position of “Support” on AB 2560.
Pros
• Increases public transparency of governmental decisions.
• Ensures decisions are made based on peer reviewed scientific studies.
Cons
• Increases burden on the State Water Board to comply with new transparency requirements.
*AB 3232 (Friedman) Commercial washing machines: microfiber filters (I-02/21/2020)
Position Recommendation: Support
Priority Recommendation: 3
AB 3232 would require all washing machines for commercial sale in California after January 1, 2023, to include a microfiber filtration system with a 90% or greater filtration rate. The bill is intended to reduce the amount of micro plastic pollution in water sources by trapping the strands of fiber disposed in the wash water from washing machines. These tiny synthetic fibers, including polyester, rayon, and acrylics are washed off clothing and textiles and, if small enough, are not captured during the wastewater treatment process.
Impacts to Valley Water
AB 3232 would aid Valley Water’s mission to provide a clean and safe water supply. Microfibers are a microplastic pollution that are becoming increasingly present in our waterways and drinking supply after shedding from synthetic clothing and textiles. Requiring filters on commercial washing machines in California would result in fewer microplastics in water ways, which would in turn lead to improved public health and environmental habitat along those waterways.
This bill would also reduce damage to aquatic wildlife. When ingested by marine life, microfibers have been found to cause starvation and reproductive issues. By filtering out 90% of the microfibers from laundry loads, these microfibers will be less prevalent and therefore less likely to cause problems in marine animals.
Staff recommends that the Board adopt a position of “Support” on AB 3232.
Pros
• Reduces harm to marine wildlife and the environment by reducing pollution from microfibers.
• Improves the quality of drinking water sources by reducing the microfibers in water supply.
Cons
• Increases costs and expenses for manufacturers of commercial washing machines.
*SB 952 (Nielsen) Sales and Use Taxes: Exemption: Backup Electrical Resources: Deenergizing Events. (I-2/10/2020)
Position Recommendation: Support
Priority Recommendation: 3
SB 952 would allow public agencies to purchase backup electric generation equipment and services free of state taxes to ensure that essential government services are maintained during Public Safety Power Shutoffs at a decreased cost to the taxpayer.
Current state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail.
This bill would provide exemptions from those taxes with respect to the sale of, or the storage, use, or consumption of, a backup electrical resource that is purchased for exclusive use by a city, county, special district, or other entity of local government during de-energization events.
Impacts on Valley Water
As a drinking water provider, Valley Water is required to provide safe, clean, water. As a result of numerous severe wildfires caused by electrical utility infrastructure, the utilities have implemented Public Safety Power Shutoffs (PSPS) which require the de-energization of the electricity grid during high hazard weather events. The provisions established by SB 952 could reduce the costs for Valley Water to purchase backup electric generation equipment by providing tax exemptions for that equipment. This would allow Valley Water to provide essential needs and services at a reduced cost in the event of a PSPS.
Staff recommends that the Board adopt a position of “Support” on SB 952.
Pros
• Provides Valley Water potential tax savings on equipment needed during Public Safety Power Shutoffs.
Cons
• Tax exemptions lead to loss of revenue to fund state and local budget items.
*SB 1044 (Allen) Firefighting Equipment and Foam: PFAS Chemicals (I-2/18/2020)
Position Recommendation: Support
Priority Recommendation: 3
Beginning January 1, 2022, SB 1044 would require any person, including a manufacturer, that sells firefighter personal protective equipment to any person or public entity to provide a written notice to the purchaser at the time of sale if the firefighter personal protective equipment contains perfluoroalkyl and polyfluoroalkyl substances (PFAS), and would provide that a violation of this requirement is punishable by civil penalty. The bill would require the seller and the purchaser to retain the notice on file for at least 3 years and to furnish the notice and associated sales documentation to the State Fire Marshal within 60 days upon request.
Also beginning on January 1, 2022, SB 1044 would prohibit a manufacturer of class B firefighting foam from manufacturing, or selling, foam to which PFAS chemicals have been intentionally added, and would provide that a violation of this prohibition is punishable by civil penalty. The bill would require the manufacturer to recall its products and to notify sellers that carry its products of the recall. Requires the State Fire Marshal to develop guidance, provide information, and offer resources relating to the prohibition of PFAS in these firefighting related products to assist public entities.
Finally, SB 1044 would prohibit the use of class B foam that contains PFAS for training purposes and would provide that a violation of this prohibition is punishable by civil penalty.
Impacts to Valley Water
Providing safe drinking water is central to Valley Water’s mission. State and federal drinking water regulators have recently recognized PFAS as a chemical which may cause serious health effects. SB 1044 would remove a known source of PFAS pollution from commerce in California.
SB 1044 also would promote transparency on products containing PFAS. These provisions would yield greater accountability regarding these pollutants and thus would incentivize greater care in treatment of the substances and their potential contact with sources of drinking water supply.
PFAS is a group of 7,800 manmade chemicals, known as “forever” chemicals, which are used in numerous products to increase resistance to heat, water, and oil. They have been used extensively in carpets, clothing, furniture fabric, paper packaging for food, fire-fighting foams, and other materials designed to be waterproof, stain-resistant or non-stick. When washed or discarded, PFAS can contaminate groundwater and spread through a groundwater basin, contaminating water used for human consumption.
Staff recommends that the Board adopt a position of “Support” on SB 1044.
Pros
• Protects the water supply from pollution of PFAS chemicals from firefighting foam.
• Increases transparency of the presence of PFAS substances in firefighting personal protective equipment.
• Holds responsible party accountable for violation of disclosure of product information.
Cons
• May reduce the availability of effective firefighting products.
FINANCIAL IMPACT:
There is no financial impact associated with this item.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have a potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
*Original Board Agenda Memo
*Supplemental Board Agenda Memo
UNCLASSIFIED MANAGER:
Manager
Rachael Gibson, 408-630-2884