BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Adopt Recommended Positions on State Legislation: *AB 810 (Irwin) Local Government Internet Websites and Email Addresses, SB 454 (McNerney) PFAS Mitigation Fund, *SB 496 (Hurtado) Advanced Clean Fleets Regulation Exemption, SB 599 (Caballero) Atmospheric Rivers Forecast Improvement Program, *SB 601 (Allen) Water: waste discharge, SB 682 (Allen) Product Bans Intentionally Added PFAS, *SB 695 (Cortese) Transportation Climate Resiliency Projects of Statewide and Regional Significance, SB 753 (Cortese) Regulation of Abandoned Shopping Carts, and Other Legislation Which May Require Urgent Consideration for a Position by the Board
End
RECOMMENDATION: Recommendation
A. *Adopt a position of “Oppose” on: AB 810 (Irwin) Local Government Internet Websites and Email Addresses
B. Adopt a position of “Support” on: SB 454 (McNerney) PFAS Mitigation Fund.
C. *Adopt a position of “Support” on: SB 496 (Hurtado) Advanced Clean Fleets Regulation Exemption.
D. Adopt a position of “Support” on: SB 599 (Caballero) Atmospheric Rivers Forecast Improvement Program.
E. *Adopt a position of “Oppose Unless Amended” on: SB 601 (Allen) Water Quality: Discharges to Waters of the State.
F. Adopt a position of “Support” on: SB 682 (Allen) Product Bans Intentionally Added PFAS.
G. *Adopt a position of “Support” on: SB 695 (Cortese) Transportation Climate Resiliency Projects of Statewide and Regional Significance.
H. Adopt a position of “Support” on: SB 753 (Cortese) Regulation of Abandoned Shopping Carts.
Body
SUMMARY:
*AB 810 (Irwin) Local Government Internet Websites and Email Addresses - (Amended - 4/10/2025)
Position Recommendation: Oppose
Priority Recommendation: 2
Existing law defines a “local agency” as a city, county, or city and county. Existing law requires that a local agency that maintains an internet website for use by the public ensures that the website uses a “.gov” top-level domain or a “.ca.gov” second-level domain no later than January 1, 2029. Existing law also requires that a local agency that maintains public email addresses also ensures that each email address provided to its employees uses a “.gov” domain name or a “.ca.gov” domain name no later than January 1, 2029.
AB 810 would require special districts, joint powers authorities, or other political subdivisions to change their public-facing internet websites and email addresses to use a “.gov” or “.ca.gov” domain name, no later than January 1, 2031. This bill would require any agency’s noncompliant website to redirect users to a “.gov” or a “ca.gov” website. This mandate also requires local agencies that maintain public email addresses to ensure that each employee’s email utilizes a “.gov” or “.ca.gov” domain name. The purpose is to combat misinformation, phishing, and fraud perpetrated online by ensuring that members of the public know that when they access a California local governmental website with an internet address ending with “.gov” or “.ca.gov,” or email a government employee at such an address, that they are not going to be the victim of a hacker’s fake website.
The naming conventions for “.gov” domains are governed by the federal Cybersecurity & Infrastructure Security Agency (CISA), a division of the U.S. Department of Homeland Security. The naming conventions for “.ca.gov” domains are governed by the California Department of Technology (CDT). Neither agency, under their current rules, would allow Valley Water to have “valleywater.gov” or “valleywater.ca.gov” as a domain, even though they are available. The rules require formal agency names (SantaClaraValleyWaterDistrict.gov) or acronyms (SCVWD.gov), which has forced public agencies into other domains such as “.com, .org, .net, .info, etc.” The federal and state regulators are out of touch with modern, effective internet communication in which domains are memorable and user-friendly.
Impact to Valley Water
Valley Water has spent considerable time and funding building the identity of “Valley Water” as a trusted and readily identifiable source of reliable and trusted information in our community. Staff contacted CISA and CDT and has been denied our current domain (Valley Water) with either “.gov” or “ca.gov” because it doesn’t comply with their naming conventions. The domain names suggested by CISA were too long, unmemorable, or not user-friendly. Changing Valley Water’s domain name to an acronym like SCVWD undercuts the extensive efforts that Valley Water has already taken to ensure name recognition. It also ignores the investment of resources necessary to change our internet presence, printed materials and advertising promoting that presence, and the significant staff time necessary in the future to ensure our legitimacy and credibility in the eyes of our community.
Valley Water has taken steps to prevent fraud and phishing by securing 41 separate domain names, including ones with slight misspellings that hackers might use to mislead internet users. Cybersecurity is a top priority for Valley Water. Staff is continually assessing and responding to potential cybersecurity risks to both the public and regional water supply and flood protection systems. There is a reasonable question as to whether the State of California, famous for its antiquated information technology systems, could better protect the public with outdated domain naming conventions than Valley Water’s Information Technology Division can with continuing vigilance in combating phishing and fake websites.
AB 810 would necessitate a significant project for the Information Technology Division. Valley Water will need to reconfigure Domain Naming Service (DNS), Internet Protocol (IP) routing, and internal and external firewalls, as well as modify the Drupal Content Management System (CMS) for all links to utilize the new domain and reconfigure all sub-domains (such as access.valleywater.org, AQUA, shopping cart, etc.) to utilize the new domain. Valley Water has numerous subdomains and each web page under a subdomain would need to be tested to ensure it routes correctly and without errors. This testing would require significant time and impact other important Information Technology Division projects.
Valley Water has taken steps to prevent phishing through fake web domains to protect the agency and the public. Migrating Valley Water’s web presence to another domain is unnecessary, and due to outdated federal and state regulatory rules, would result in less effective communication with our community on the critical issues of water quality, conservation, flood protection, and other issues of concern.
Pros
• May increase consumer protection for users who type in or may be directed to a similarly named website that contains misinformation or is phishing for personal information.
Cons
• Naming conventions at CISA and CDT are outdated and fail to provide domain names that are effective in a modern internet communications context.
• May create significant public confusion with an unnecessary domain change that could cause public suspicion from website redirects and changed email addresses, thereby eroding the credibility of water quality, conservation, and flood protection information.
• Significant costs to update informational and promotional materials, business cards, and other printed materials with the new website domain name.
• Technical and administrative costs could have a negative impact on other important Information Technology Division projects.
SB 454 (McNerney) State Water Resources Control Board PFAS Mitigation Fund - (Amended - 03/24/2025)
Position Recommendation: Support
Priority Recommendation: 3
SB 454 (McNerney) would create the PFAS Mitigation Fund and PFAS Reduction Account to provide financial assistance to water suppliers and sewer service providers for the treatment and removal of perfluoroalkyl and polyfluoroalkyl substances (PFAS) from drinking water, recycled water, and wastewater.
The State Water Resources Control Board (SWRCB) would be authorized to administer grants, loans, and contracts for the planning, construction, upgrade, and operation of PFAS treatment infrastructure. Eligible costs would include planning, design, and construction of treatment facilities, as well as monitoring and pilot testing of treatment alternatives. The bill requires the development of implementation guidelines by July 1, 2027.
Importance to Valley Water
PFAS contamination is an emerging regulatory and operational challenge for water systems across the state. As regulatory standards are developed, Valley Water anticipates the possibility of the need to invest in PFAS monitoring, treatment, and disposal infrastructure. SB 454 would provide a potential source of financial assistance to offset these future costs, reducing the burden on ratepayers and enhancing Valley Water’s ability to meet drinking water standards. The program could also support PFAS treatment for recycled water and assist in efforts to ensure groundwater remains safe for human consumption.
Staff recommends the Board adopt a position of support on SB 454.
Pros
• Establishes funding mechanism to help offset the high cost of PFAS treatment.
• Allows for a wide range of eligible costs, including planning, pilot testing, monitoring, construction, and disposal.
Cons
• There is no source of funding for the program.
*SB 496 (Hurtado) Advanced Clean Fleets Regulation Exemption - (Amended - 4/7/2025)
Position Recommendation: Support
Priority Recommendation: 3
On October 1, 2023, CARB’s Advanced Clean Fleets (ACF) regulation took effect. It generally requires a phased transition of medium- and heavy-duty fleets from internal combustion engines (ICEs) to zero-emission vehicles (ZEVs) by 2045.
These regulations are having a significant effect on state and local government agencies, by increasing the amount of reporting required annually for all vehicles added to and removed from a state or local government agency’s fleet, the unfunded procurement of new technologies, and the development of the infrastructure needed to service these new technologies, while still meeting the same performance as current technologies.
Sponsored by the California Special Districts Association (CSDA), SB 496 establishes an Appeals Advisory Committee by which local agencies may request a review of exemption request denials. This ensures transparency while protecting due process for those seeking further review. The bill also updates the emergency vehicle exemption, allowing those vehicles that respond to and support critical operations related to emergencies and disasters, often under austere conditions, to continue to protect our communities. Finally, this measure promotes affordability amid rapidly rising cost pressures on essential local services by averting the costly acquisition of ZEVs before it is possible to install the infrastructure required to use them.
CSDA has informed its member agencies that CARB is requesting three letters from companies indicating they don’t manufacture certain specialized ZEVs not mass-produced, which the agency may need to replace, in order to qualify for an exemption for that vehicle. While all local government fleets, including public utility (water, wastewater, and power) fleets, are subject to CARB’s ACF regulations, private fleets are now no longer subject to the ACF due to CARB pulling back several pending regulatory waivers before the US Environmental Protection Agency (US EPA).
Importance to Valley Water
The ACF is an important step to accelerate the development and adoption of ZEVs in public agency vehicle fleets. While Valley Water certainly should do its part to reduce greenhouse gas and other emissions that dirty the air and cause global warming, we must do so in a manner that does not hamper our ability to provide safe, clean water and to respond to emergencies.
Some agencies have reported continued challenges with implementing the ACF regulations, including serious concerns about the impact that complying with these regulations will have on a public utility’s ability to respond to a disaster or emergency.
SB 496 will enable Valley Water to better navigate the current ACF mandates
and their associated ambitious compliance deadlines.
Pros
• Provides flexibility for agencies like Valley Water while allowing us to maintain our commitment to long-term ZEV goals.
• An appeals process would offer clear and feasible pathways to compliance without diminishing CARB's authority.
• The emergency vehicle exemption allows those vehicles that respond to critical operations related to emergencies and disasters, to continue to protect communities.
• Prohibiting the requirement that fleet owners provide documentation showing an executed zero-emissions vehicle purchase agreement to count an internal combustion engine vehicle as a zero-emissions vehicle purchase for purposes of postponing a zero-emissions vehicle transition mandate, thereby eliminating added burdens on fleet owners trying to comply with the regulations.
Cons
• Transitioning the transportation sector to low-carbon fuels and zero and near-zero emission technologies is critical if California wants to meet its climate change goals and clean air standards. This bill may hamper the state's ability to achieve those goals.
• Every action taken to make ACF enforced on fewer vehicles means the overall ZEV market will mature more slowly due to reduced demand for ZEVs, potentially resulting in well-intentioned fleets who plan to comply with ZEV purchase requirements finding themselves unable to comply because either there won’t be vehicles to purchase, or those vehicles will be more expensive.
SB 599 (Caballero) Atmospheric Rivers Forecast Improvement Program - (Amended - 03/24/2025)
Position Recommendation: Support
Priority Recommendation: 3
SB 599 would amend the Water Code to expand the Atmospheric Rivers Research and Forecast Improvement Program to include the use of experimental tools that produce subseasonal and seasonal atmospheric river forecasts. The bill also defines “seasonal forecast” as a period of one to six months into the future and “subseasonal forecast” as a period of two to six weeks into the future.
Current law requires the Department of Water Resources to research, develop, and implement observations, prediction models, novel forecasting methods, and tailored decision support systems to improve atmospheric river predictions and their impacts on water supply, flooding, post-wildfire debris flows, and environmental conditions.
Importance to Valley Water
Atmospheric rivers are a major driver of both water supply and flood risk in Santa Clara County. SB 599 would support the continued development of extended-range forecasting tools that could improve operational decision-making related to reservoir management, flood protection, and drought preparedness. Improved forecast tools support ongoing work related to integrated water resources management and strengthen planning efforts.
Staff recommends the Board adopt a position of support on SB 599.
Pros
• Improves long-range forecasting of atmospheric rivers to support flood protection and water supply reliability.
Cons
• None.
*SB 601 (Allen) Water Quality: Discharges to Waters of the State - (Amended - 4/8/2025)
Position Recommendation: Oppose Unless Amended
Priority Recommendation: 2
Current law authorizes the State Water Resources Control Board and regional water quality control boards to regulate waste discharges to waters of the state through the issuance of Waste Discharge Requirements (WDRs) and National Pollutant Discharge Elimination System (NPDES) permits, consistent with the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. Existing law provides for the development of water quality objectives and Total Maximum Daily Loads (TMDLs), enforcement mechanisms, and penalties for violations of water quality permits.
SB 601 would define a new category of waters called "Nexus Waters," which are waters of the state that are not subject to federal Clean Water Act jurisdiction (Waters of the U.S.). The bill would require the State Water Resources Control Board and regional boards to include Nexus Waters in all regulatory processes under the Porter-Cologne Water Quality Control Act, including the development of water quality control plans, water quality objectives, the California Integrated Report, and TMDLs. Waste discharge requirements (WDRs) would be required for point source discharges to Nexus Waters and must be at least as stringent as analogous federal permits.
The bill would eliminate the requirement that regional water boards consider the factors listed in Water Code Section 13241 when prescribing WDRs for point source discharges to Nexus Waters. The bill would authorize citizen suits to enforce water quality requirements for discharges from point sources to Nexus Waters. The bill would also require local agencies issuing business licenses or building permits to confirm that regulated entities are enrolled in applicable NPDES or WDR programs. Finally, the bill would authorize the executive director of the State Water Resources Control Board to adjust civil penalties for inflation annually.
Importance to Valley Water
SB 601 was introduced in response to the U.S. Supreme Court’s decision in Sackett v. Environmental Protection Agency (EPA), which narrowed the scope of waters subject to federal protection under the Clean Water Act. As a result, certain waters of the state that were previously federally regulated may now fall outside the scope of federal jurisdiction. SB 601 seeks to regulate these waters under state law, now referred to in the bill as "Nexus Waters.”
While intended to preserve protections for these waters, the bill would create significant regulatory implications for Valley Water. It expands permitting obligations and will exponentially increase permitting burdens related to wetlands and water quality via all NPDES permits/WDRs, including the Construction General Stormwater Permit, the Industrial Stormwater permit, MS4 permits, drinking water discharge permits, and section 404 permits/WDRs for discharges of fill. In addition, SB 601 removes the requirement for regional water boards to consider economic and feasibility factors (under Water Code Section 13241) when issuing these permits, which may lead to more stringent discharge conditions for Valley Water projects and maintenance operations.
The bill also establishes a new citizen suit provision that allows third parties to bring enforcement actions related to discharges to Nexus Waters, further increasing Valley Water’s legal exposure.
The cumulative result of the changes proposed in SB 601 is a substantial increase in permitting complexity, administrative burden, and litigation risk for Valley Water construction, maintenance, and operational activities.
Staff recommends the Board adopt a position of “oppose unless amended” on SB 601. The amendments would seek to reduce the regulatory burden on Valley Water.
Pros
• Expands state authority to regulate waters no longer protected under federal law post-Sackett v. EPA.
• Seeks to establish comprehensive protections for water quality in all state waters.
Cons
• Imposes new, substantial permitting burdens on public agencies like Valley Water for construction, maintenance, and operational activities.
• Removes economic and feasibility considerations in permitting decisions, leading to more stringent conditions for projects and maintenance operations. (Section 13241).
• Introduces citizen suit provisions, opening public agencies to significant legal exposure and risk of litigation.
SB 682 (Allen) Product Bans Intentionally Added PFAS - (Introduced - 02/21/2025)
Position Recommendation: Support
Priority Recommendation: 3
SB 682 would prohibit, beginning January 1, 2027, the distribution, sale, or offering for sale in California of certain consumer products, defined as “covered products,” that contain intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Covered products include cleaning products, cookware, dental floss, juvenile products, food packaging, and ski wax.
Beginning January 1, 2033, the bill would extend the prohibition to all products that contain intentionally added PFAS, unless the Department of Toxic Substances Control (DTSC) determines that the use of PFAS in the product is a “currently unavoidable use.” Beginning January 1, 2040, the bill would additionally prohibit the sale of specified technical and industrial products with intentionally added PFAS unless exempted through the same determination process.
Requires DTSC to establish a petition process to make determinations of currently unavoidable use through regulations adopted by January 1, 2027, and collect application fees to administer the program through the newly established PFAS Oversight Fund.
Importance to Santa Clara Valley Water District (Valley Water)
Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a class of synthetic chemicals used for their water, stain, and heat-resistant properties in a wide range of consumer and industrial products. PFAS are often referred to as “forever chemicals” because they do not break down easily in the environment. These chemicals are known to accumulate in soil, water, and living organisms, including humans. Exposure to certain PFAS compounds has been linked to serious health effects such as liver and kidney damage, immune system suppression, developmental and reproductive harm, hormone disruption, and increased risk of certain cancers.
PFAS poses a significant and growing threat to drinking water quality and public health. After being released from products containing PFAS, these substances can enter drinking water sources through runoff, landfill leachate, wastewater discharges, and stormwater flows. Once in the environment, PFAS are difficult and expensive to remove through existing treatment processes.
SB 682 aims to reduce PFAS pollution at the source by limiting the distribution and sale of PFAS-containing products. This supports Valley Water’s mission to provide safe, clean drinking water for Santa Clara County. The phased bans in SB 682 reduce the new introduction of PFAS into the environment and may reduce its presence over time.
Pros
• Reduces PFAS at the source, which reduces potential contamination of drinking water.
• Establishes a statewide framework for phasing out nonessential uses of PFAS.
• Creates a regulatory pathway to restrict product-based PFAS pollution over time.
Cons
• The exemption process for “currently unavoidable use” could allow the use of PFAS to continue if not implemented strictly.
*SB 695 (Cortese) Transportation Climate Resiliency Projects of Statewide and Regional Significance - (Amended - 4/8/2025)
Position Recommendation: Support
Priority Recommendation: 3
Existing law establishes the State Transportation Infrastructure Climate Adaptation Program, administered by the Department of Transportation (Caltrans), for purposes of planning, developing, and implementing projects adapting state transportation infrastructure to climate change. Existing law requires the department, in consultation with the Transportation Agency, the California Transportation Commission, and others to develop a program of its top priority climate adaptation projects and to submit projects in this program to the commission for adoption. Existing law requires the department, in developing the program of projects, to consider specified criteria, including, but not limited to, the benefits of the project to preserving or enhancing regional or statewide mobility, economy, goods movement, and safety, and other benefits associated with protecting the asset.
This bill would require Caltrans, in consultation with the commission and the agency, and on or before July 1, 2026, and annually thereafter, to create a prioritized list of projects of statewide and regional significance to better prepare the state for extreme weather-related events, with priority based on specified criteria. Priority shall be given to projects that advance the following co-benefits, with greater priority given to projects that include more than one of the following co-benefits:
(A) Enhanced safety.
(B) Efficient goods movement along trade corridors.
(C) Climate resiliency, including, but not limited to, water storage, access to safe drinking water, and flood mitigation.
(D) Improvement to electric transmission infrastructure for electrical grid reliability.
The bill would require the department, on or before January 1, 2027, and annually thereafter, to submit to the Legislature a report containing the prioritized list of projects.
Importance to Valley Water
SB 695 provides a way for Caltrans to identify and prioritize state transportation projects that have a potential impact on Valley Water projects, including water storage, access to safe drinking water, and flood mitigation.
For example, Valley Water is a member agency of the San Luis and Delta-Mendota Water Authority (SLDMWA). The B.F. Sisk Dam Raise and Reservoir Expansion Project will result in 130,000 acre-feet (AF) of new storage. Caltrans, as a result of work performed by SLDMWA during project exploration, has identified improvements that need to be made on Highway 152 to improve the seismic safety of the State Route 152 embankment over Cottonwood Creek and to reduce traffic collisions. Because SLDMWA will be raising the embankment at Cottonwood Creek for the construction of the San Luis Reservoir Raise, Caltrans is requiring the previously undiscovered Highway 152 seismic safety improvements to be completed as a condition of approval for the Reservoir Raise. This requirement adds an additional $400 million to the project, bringing the total cost to just over $1 billion.
It is neither appropriate nor equitable to place $400 million of seismic safety road embankment improvements that are of statewide benefit, unrelated to the B.F. Sisk Dam Raise, on the backs of water ratepayers.
SB 695 would require Caltrans, the Transportation Agency, and the California Transportation Commission to identify projects such as the B.F. Sisk Dam Raise and Reservoir Expansion Project for funding and prioritize it as a part of the State Transportation Infrastructure Climate Adaptation Program.
Pros
• Requires Caltrans to create a prioritized list of projects of statewide and regional significance to better prepare the state for extreme weather-related events.
• Climate resiliency, including, but not limited to, water storage, access to safe drinking water, and flood mitigation, is one of the benefits given greater priority.
Cons
• None identified at this time.
SB 753 (Cortese) Special Business Regulations: Shopping Carts - (Amended - 03/24/2025)
Position Recommendation: Support
Priority Recommendation: 3
SB 753 would amend Section 22435.7 of the Business and Professions Code to authorize local governments to retrieve and return abandoned shopping carts to the premises or parking area of the retailer identified on the cart’s affixed signage. It would also allow a city, county, or city and county to recover its actual costs for retrieval and return.
The bill removes the current $50 cap on fines and instead authorizes local jurisdictions to establish fine amounts for retailers that fail to retrieve carts after receiving notice. It clarifies that cities may immediately retrieve carts obstructing emergency services and authorizes impoundment without advance notice if the retailer is notified within 24 hours. If the cart is reclaimed within three business days of notice, the retailer is not subject to any fines or fees.
The bill also requires that “actual notice” include proof of delivery (e.g., mail, phone, or electronic communication with delivery confirmation) and be documented by the local agency.
Importance to Valley Water
SB 753 supports Valley Water’s mission to protect water quality and flood protection infrastructure by giving local agencies improved tools to address abandoned shopping carts-an often-overlooked environmental and public safety hazard.
In Santa Clara County, cities report recovering thousands of shopping carts annually. These carts, when abandoned in creeks, storm drains, or flood control channels, can obstruct water flow, increase localized flooding risk during storm events, and degrade aquatic ecosystems. Additionally, they contribute to pollution by accumulating debris and releasing rust or chemical residue into waterways.
By authorizing immediate retrieval and cost recovery, SB 753 enables more efficient and proactive management of these hazards before they become threats to infrastructure and water quality. The bill complements Valley Water’s ongoing efforts to prevent pollution and maintain effective stormwater and flood protection systems across the region.
Staff recommends the Board adopt a position of support on SB 753.
Pros
• Reduces environmental pollution and litter in waterways and public spaces.
• Helps prevent blockages in flood control channels and stormwater infrastructure.
• Enables local agencies to recover actual costs for retrieving and returning shopping carts.
• Strengthens enforcement by allowing cities to set appropriate fine amounts.
Cons
• May result in increased compliance costs for retailers, which could be passed on to consumers.
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
There are no Environmental Justice impacts associated with this item. The Board’s position does not enact the legislation discussed above. If the enactment of state legislation necessitates an action by the Board, any associated Environmental Justice impacts will be assessed when the Board considers the action.
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
Joshua Golka, 408-630-4508