HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 09/13/2017REG ULA R BO A RD MEET IN G
C losed Session Begins at 4:30 PM
September 13, 2017 - 5:30 PM
31111 Greenspot Road, Highland, C A 92346
AG E N D A
"In order to comply with legal requirements for posting of agenda, only those items filed
with the District C lerk by 12:00 p.m. on Wednesday prior to the following Wednesday
meeting not requiring departmental investigation, will be considered by the Board of
Directors".
C A LL TO O RD ER
RO LL C A LL O F BO A RD MEMBERS
P U B L I C C O MME N T S
Any person wishing to speak to the Board of Directors is asked to complete a Speaker
Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is
limited to three (3) minutes, unless waived by the C hairman of the Board. Under the State
of C alifornia Brown Act, the Board of Directors is prohibited from discussing or taking
action on any item not listed on the posted agenda. T he matter will automatically be
referred to staff for an appropriate response or action and may appear on the agenda at a
future meeting.
AGE N D A - T his agenda contains a brief general description of each item to be
considered. Except as otherwise provided by law, no action shall be taken on any item not
appearing on the following agenda unless the Board of Directors makes a determination
that an emergency exists or that a need to take immediate action on the item came to the
attention of the District subsequent to the posting of the agenda.
1.Approval of Agenda
REC ESS IN TO C LO SED SESSIO N
C L OSE D SE S SI ON
2.C O N FEREN C E WIT H LEG A L C O UN SEL - EXIST IN G LIT IG AT IO N
[Government C ode Section 54956.9(d) (1)]
Name of C ase: C ity of San Bernardino v. East Valley Water District, et al.,
San D iego Superior Court C ase No. 37-2016-00038119-C U-WM-C T L
3.C O N FEREN C E WIT H LEG A L C O UN SEL - EXIST IN G LIT IG AT IO N
[Government C ode Section 54956.9(d)(1)]
Name of Case: C arl F. Kovach v. East Valley Water D istrict, C A SE No. C IVD S
1603176
4.C O N FEREN C E WIT H LEG A L C O UN SEL - A N T IC IPAT ED LIT IG AT IO N
Initiation of litigation pursuant to Government C ode Section 54956.9(d)(4)
One Potential C ase
5:30 P M RE C ON VE N E ME E T I N G
PLED G E O F A LLEG IA N C E
RO LL C A LL O F BO A RD MEMBERS
A N N O UN C EMEN T O F C LO S ED S ESS IO N A C T IO N S IT EMS
P U B L I C C OMME N T S
5.AP P RO VAL O F C ON SE N T C AL E N D AR
All matters listed under the C onsent C alendar are considered by the Board of
Directors to be routine and will be enacted in one motion. T here will be no
discussion of these items prior to the time the board considers the motion unless
members of the board, the administrative staff, or the public request specific items to
be discussed and/or removed from the C onsent C alendar.
a.August 9, 2017 regular meeting minutes
b.August 23, 2017 regular meeting minutes
c.August 31, 2017 special meeting minutes
d.Directors' fees and expenses for August 2017
I N F ORMAT I ON AL I T E MS
6.Legislative Update
D I SC U SSI O N AN D P OS SI B L E AC T I O N I T E MS
7.Adoption of the updated Facility Use Fees for the Headquarters Facility Use Policy
8.Board Meeting C ancellations
RE P O RT S
9.Board of Directors' Reports
10.General Manager/C EO Report
11.Legal C ounsel Report
12.Board of Directors' Comments
AD J O U RN
P LEAS E NO T E:
Materials related to an item on this agenda s ub mitted to the Board after dis trib utio n of the agend a pac ket
are available for p ublic ins p ectio n in the Dis tric t's o ffice lo cated at 31111 G reens pot R d., Highland, during
no rmal b usines s hours . Also, s uc h d o cuments are available o n the Dis tric t's web s ite at www.eas tvalley.o rg
sub ject to s taff's ab ility to post the d o cuments b efo re the meeting.
P urs uant to G overnment C o d e S ec tion 54954.2(a), any reques t fo r a d is ab ility-related mo dific ation or
ac commod ation, inc luding auxiliary aids or s ervic es , that is s ought in order to participate in the abo ve-
agendized p ublic meeting s hould b e d irected to the Dis tric t C lerk at (909) 885-4900 at leas t 72 hours prior
to said meeting.
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Minutes 8/9/2017 smg
Draft pending approval
EAST VALLEY WATER DISTRICT August 9, 2017
REGULAR BOARD MEETING/PUBLIC HEARING
MINUTES
The Chairman of the Board called the meeting to order at 4:30 p.m.
PRESENT: Directors: Carrillo, Coats, Morales, Shelton, Smith
ABSENT: None
STAFF: John Mura, General Manager/CEO; Brian Tompkins, Chief
Financial Officer; Steven Nix, Director of Engineering &
Operations; Justine Hendricksen, District Clerk; Shayla Gerber,
Administrative Assistant
LEGAL COUNSEL: Jean Cihigoyenetche
GUEST(s): Members of the public
PUBLIC COMMENTS
Chairman Coats declared the public participation section of the meeting open at 4:30
p.m.
There being no written or verbal comments, the public participation section was closed.
APPROVAL OF AGENDA
M/S/C (Shelton-Smith) that the August 9, 2017 agenda be approved as submitted.
CLOSED SESSION
The Board entered into Closed Session at 4:31 p.m. as provided in the Ralph M. Brown
Act Government Code Sections 54956.9(d)(1) and 54956.9(d)(4) to discuss the item(s)
listed on the agenda.
THE BOARD RECONVENED THE MEETING AT 5:30 P.M.
Mr. James Morales Sr. led the flag salute.
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ROLL CALL
PRESENT: Directors: Carrillo, Coats, Morales, Shelton, Smith
ABSENT: None
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
With respect to Item #2: No reportable action taken.
With respect to Item #3: No reportable action taken.
With respect to Item #4: No reportable action taken.
PRESENTATIONS AND CEREMONIAL ITEMS
• INTRODUCTION OF FABIAN VALENZUELA, METER READER I
The General Manager/CEO introduced Fabian Valenzuela, the District’s recently hired
employee to the Board.
The Certificate of Appreciation for Ms. Peykani was deferred to a future board meeting
due to her being unable to attend.
PUBLIC COMMENTS
Chairman Coats declared the public participation section of the meeting open at 5 :34
p.m.
There being no written or verbal comments, the public participation section was closed.
APPROVE THE JULY 26, 2017 REGULAR BOARD MEETING MINUTES
M/S/C (Smith-Shelton) that the Board approve the July 26, 2017 regular board
meeting minutes as submitted.
DIRECTORS’ FEES AND EXPENSES FOR JULY 2017
M/S/C (Smith-Shelton) that the Board approve the Directors’ fees and expenses
for July 2017 as submitted.
STAFF PRESENTATION OF THE 2015 URBAN WATER MANAGEMENT PLAN AND
PROPOSED RESOLUTION 2017.13
The Director of Engineering and Operations gave a brief outline of the process and
preparation of the Regional Urban Water Management Plan. He stated that East Valley
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Minutes 8/9/2017 smg
Water District provided input and the Department of Water Resources indicated all
revisions were acceptable.
Information only.
ADJOURN TO PUBLIC HEARING AT 5:36 P.M.
PUBLIC COMMENTS
Chairman Coats declared the public participation section of the meeting open at 5 :36
p.m.
There being no written or verbal comments, the public participation section was closed.
ADJOURN TO REGULAR BOARD MEETING AT 5:36 P.M.
BOARD DISCUSSION
There were no questions or comments from the Board.
ADOPT RESOLUTION 2017.13 UPDATING THE REGIONAL URBAN WATER
MANAGEMENT PLAN
M/S/C (Carrillo-Smith) that the Board adopt Resolution 2017.13 adopting
Chapters 1 through 5, Chapter 7 and Appendices of the 2015 San Bernardino Valley
Regional Urban Water Management Plan.
PROGRESS REPORT ON THE MEMORANDUM OF UNDERSTANDING FOR SALINITY
MANAGEMENT IN THE SAN BERNARDINO BASIN AREA WITH THE CITY OF RIVERSIDE
PUBLIC UTILITIES AND SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
The General Manager/CEO gave a brief update on the progress on the Memorandum of
Understanding (MOU) with the City of Riverside Public Utilities (RPU) and San Bernardino
Valley Municipal Water District (Valley District); he stated that a 1211 permit was
petitioned by Valley District for the Sterling Natural Resource Center and RPU later
protested the permit; that due to the protest, an MOU was developed among the three
and salinity management was discussed; that following the execution of the MOU, RPU
dismissed their 1211 protest by letter and the three continue to meet on a regular basis.
The General Manager/CEO announced that the 1211 permit has been issued for the
project.
Information only.
BOARD OF DIRECTORS’ REPORTS
Director Morales reported that on August 1 he attended the City of San Bernardino Board
of Water Commissioners meeting.
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Minutes 8/9/2017 smg
Director Smith reported that on August 9 he attended the San Bernardino Valley Water
Conservation District Board meeting with nothing to report.
Director Shelton had nothing to report at this time.
Vice Chairman Carrillo reported on the following: on July 27 he attended the North Fork
Water Company Legal Ad-Hoc Committee meeting where they interviewed three
consultants to value the shares of the company and selection was made; and on August
8 he attended the Highland City Council meeting with nothing to report.
Chairman Coats reported that on August 1 he attended the San Bernardino Valley
Municipal Water District board meeting where they approved the amended San
Bernardino Regional Urban Water Management Plan.
Information only.
GENERAL MANAGER/CEO REPORT
The General Manager/CEO reported on the following: THM levels continue to run in the
mid 20’s with Plant 134 well below threshold value, and the District will be reporting
sampling results to the State in the next two weeks which will complete compliance for
the last two reporting quarters; that on August 10, staff will be donating approximately
200 backpacks to Hunt Elementary School; that the District was awarded the “Jewel of
the Community” from the Highland Senior Center at its volunteer and sponsor
recognition luncheon; and the Community Advisory Commission meeting will be held on
August 15.
Information only.
LEGAL COUNSEL REPORT
No reports at this time
BOARD OF DIRECTORS’ COMMENTS
Director Morales announced that the Association of California Water Agencies (ACWA)
Region 9 recommended him to serve another term on their board and he thanked the
Board for their support; he was selected to moderate the ACWA Region 9 panel for the
upcoming conference; he congratulated Ms. Malloy for receiving the APEX award; and
he thanked Commissioner Amaya for attending the board meeting.
Director Smith thanked staff for their support of Hunt Elementary School.
Director Shelton reminded the public of a customer appreciation program: “Fresh Baked
Happiness”, where fresh baked cookies are served in the lobby on the first Tuesday of
the month.
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Minutes 8/9/2017 smg
Chairman Coats stated “Help ensure your water future by supporting the Sterling
Natural Resource Center”; and he adjourned the meeting in the memory of a local
resident, Brent Witham, who recently lost his life battling a fire in Montana.
Information only.
ADJOURN
The meeting adjourned at 5:52 p.m.
___________________________
Ronald L. Coats, Board President
__________________________
John Mura, Secretary
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Minutes 8/23/2017 smg
Draft Pending Approval
EAST VALLEY WATER DISTRICT August 23, 2017
REGULAR BOARD MEETING
MINUTES
The Chairman of the Board called the meeting to order at 4:30 p.m.
PRESENT: Directors: Carrillo, Coats, Morales, Shelton, Smith
ABSENT: John Mura, General Manager/CEO
STAFF: Steven Nix, Director of Engineering & Operations; Brian Tompkins,
Chief Financial Officer; Justine Hendricksen, District Clerk;
Shayla Gerber, Administrative Assistant
LEGAL COUNSEL: Jean Cihigoyenetche
GUEST(s): Members of the public
PUBLIC COMMENTS
Chairman Coats declared the public participation section of the meeting open at 4:30
p.m.
There being no written or verbal comments, the public participation section was closed.
APPROVAL OF AGENDA
M/S/C (Shelton-Carrillo) that the August 23, 2017 agenda be approved as
submitted.
CLOSED SESSION
The Board entered into Closed Session at 4:31 p.m. as provided in the Ralph M. Brown
Act Government Code Section 54956.9(d)(1) and 54956.9(d)(4) to discuss the item(s)
listed on the agenda.
THE BOARD RECONVENED THE MEETING AT 5:30 P.M.
Mr. Tompkins led the flag salute.
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ROLL CALL
PRESENT: Directors: Carrillo, Coats, Morales, Shelton, Smith
ABSENT: John Mura, General Manager/CEO
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
With respect to Item #2: No reportable action taken.
With respect to Item #3: No reportable action taken.
With respect to Item #4: No reportable action taken.
PRESENTATION AND CEREMONIAL ITEMS
The Public Affairs/Conservation Manager presented a Certificate of Appreciation to
Benjamin R. Gamboa in recognition of his dedication as a founding member of the East
Valley Water District Community Advisory Commission; and she informed the Board that
he will be moving outside the District.
Mr. Gamboa stated that he enjoyed serving as a commissioner; that he learned a lot
about the District, and hopes the District continues its path to be a leader in the state
in terms of resources and conservation.
Chairman Coats and Director Morales offered their appreciation for Mr. Gamboa’s
service as commissioner.
PUBLIC COMMENTS
Chairman Coats declared the public participation section of the meeting open at 5 :35
p.m.
There being no written or verbal comments, the public participation section was closed.
RESOLUTION 2017.14 ADVANCED METERING INFRASTRUCTURE (AMI)
IMPLEMENTATION PROJECT NOTICE OF COMPLETION
M/S/C (Smith-Shelton) that the Board accept the Advanced Metering
Infrastructure Implementation Project as complete and adopt Resolution 2017.14.
DISBURSEMENTS
M/S/C (Smith-Shelton) that the General Fund Disbursements #250509 through
#250664 which were distributed during the period of July 1, 2017 through July 31, 2017,
bank drafts and ACH Payments in the amount of $3,542,753.50 and $563,010.29 for
payroll and benefit contributions, totaling $4,105,763.79 be approved.
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FINANCIAL STATEMENTS FOR JULY 2017
M/S/C (Smith-Shelton) that the Board accept and file the financial statements
as of, and for the period ended, July 2017 as submitted.
UPDATED COST OF SERVICE ANALYSIS AND RATE STUDY
The Chief Financial Officer gave a brief update on the upcoming cost of service analysis
and rate study; he stated that it is good practice to have studies conducted by an
independent firm every three to five years; that the last study on the water was in 2014
and wastewater was in 2010; the study helps to ensure proper rate adjustments; an RFP
has been sent to financial consulting firms and placed on the District’s website; budget-
based rates are a complex rate structure and the District will be seeking firms with
experience in these types of rates.
Information only.
CONSIDER CANDIDATES FOR OFFICIAL ELECTION BALLOT FOR ACWA BOARD OF
DIRECTORS REGION 9
Director Morales thanked the Board for their support of his nomination of re-election
on the ACWA Region 9 board; he noted a correction on the ballot that should have read
“governing board member” as his title, not “chairman of the board”; and he expressed
that the nominating committee’s recommended slate is excellent.
M/S/C (Smith-Carrillo) that the Board cast their vote for the Nominating
Committee’s recommended slate as the candidates to be selected on East Valley Water
District’s 2018-19 ACWA Region 9 Board Ballot.
MEMORANDUM OF UNDERSTANDING TO IMPLEMENT THE HABITAT CONSERVATION
PLAN FOR THE UPPER SANTA ANA RIVER WASH PLAN
The Director of Engineering and Operations gave a brief overview of why a Memorandum
of Understanding (MOU) was created for the Upper Santa Ana River Wash Plan; he stated
that the Habitat Conservation Plan (HCP) was initiated to allow for protective activities
to occur; that the District is a property owner among the 4,500 acres; in 2015 a
resolution was achieved among the parties and the MOU was put together; and the
District’s contribution was $51,000, paid to the Water Conservation District for long
term maintenance of the District’s obligation of the MOU.
The Director of Engineering and Operations responded to Chairman Coats and stated
that the $51,000 was a one-time cost and was paid last fiscal year.
M/S/C (Morales-Carrillo) that the Board execute the Memorandum of
Understanding for the Upper Santa Ana River Wash Plan.
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BOARD OF DIRECTORS’ REPORTS
Director Morales reported on the following: On August 10 he attended the Kiwani’s
meeting at the Stone House in East Highlands Ranch where councilmember Jesse Chavez
was the speaker; on August 15 he attended the City of San Bernardino Board of Water
Commissioners meeting where the topic of discussion was increasing compensation,
benefits and giving promotions for employees due to a charter change; on August 18 he
met with the General Manager/CEO to discuss District business; and on August 22 he
attended the Highland Chamber of Commerce meeting where he gave Mayor Lilburn an
update on the Sterling Natural Resource Center.
Director Shelton reported on the following: on August 11 she attended the 11th Annual
San Bernardino County Water Conference where the topic was the housing crisis; on
August 16 she attended a LAFCO meeting where she received a status report on the study
of the fire and emergency services for Morongo Community Services District; and on
August 17 she met with the General Manager/CEO to discuss District business.
Director Smith reported that on the following: on August 21 discussed District business
with the General Manager/CEO via telephone conference; and on August 22 he attended
the Highland Chamber of Commerce meeting.
Vice Chairman Carrillo reported on the following: on August 11 he attended the 11th
Annual San Bernardino County Water Conference where the State Water Project was
discussed and Kelly Malloy served on a panel; and on August 21 he attended the 2X2
Recycled Water Ad-Hoc Committee meeting.
Chairman Coats reported on the following: on August 10 he met with the new auditors
prior to their audit evaluation; on August 11 he attended the 11th Annual San Bernardino
County Water Conference where the housing shortage was discussed and attended
breakout sessions; on August 15 he attended the San Bernardino Valley Municipal Water
District board meeting where they approved an updated employee handbook; and on
August 21 he attended the 2X2 Recycled Water Ad-Hoc Committee meeting where they
reviewed public outreach, SRF funding and procurement for the Sterling Natural
Resource Center.
Information only.
GENERAL MANAGER/CEO REPORT
The Director of Engineering and Operations provided an update on behalf of the General
Manager/CEO. He gave a brief water quality update; he stated that the District is about
to report the third sampling to the State Water Resources Control Board and that the
District continues to be well below the threshold level for TTHM levels.
Information only.
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LEGAL COUNSEL REPORT
No reports at this time.
BOARD OF DIRECTORS’ COMMENTS
Director Morales informed the Board that they will begin to hear discussion on SB 623,
which is a tax on water and that details are emerging.
Director Smith commended Mr. David Raley, from San Bernardino Valley Water
Conservation District, for his work on the Wash Plan.
Director Shelton thanked the public and staff for attending the board meeting.
Vice Chairman Carrillo read an excerpt from an email that the Association of California
Water Agencies (ACWA) sent regarding from SB 623 and stated that ACWA is taking
opposition on the bill.
Chairman Coats announced that Doug Headrick will be attending the September 27th
regular board meeting to give a detailed report on the California Water Fix (Twin
Tunnels) and he encouraged everyone to attend; and he adjourned the meeting with
the following statement: “Help ensure your water future by supporting the Sterling
Natural Resource Center”.
Information only.
ADJOURN
The meeting adjourned at 6:03 p.m.
___________________________
Ronald L. Coats, Board President
__________________________
John Mura, Secretary
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Minutes 8/31/2017 smg
Draft Pending Approval
EAST VALLEY WATER DISTRICT August 31, 2017
SPECIAL BOARD MEETING
MINUTES
The Chairman of the Board called the meeting to order at 5:31 p.m.
PRESENT: Directors: Carrillo, Coats, Morales, Shelton, Smith
ABSENT: None
STAFF: John Mura, General Manager/CEO; Kelly Malloy, Public
Affairs/Conservation Manager; Shayla Gerber, Administrative
Assistant
LEGAL COUNSEL: Jean Cihigoyenetche
GUEST(s): Representatives from Idea Hall
PUBLIC COMMENTS
Chairman Coats declared the public participation section of the meeting open at 5 :32
p.m.
There being no written or verbal comments, the public participation section was closed.
Ms. Malloy led the flag salute.
BOARD COMMUNICATION TRAINING
Idea Hall consultants provided a presentation, “Bridging the Gap Between Traditional
and Social Media”, the third installation in a series of ongoing board communication
training programs. Some of the topics covered in the presentation were: the differences
between traditional and social media, examples of how public agencies use social
media; how the District and the Sterling Natural Resource Center are currently using
social media; and how the Brown Act and the California Public Records Act come into
play with social media. The Board was given an exercise where they were presented
with examples of social media posts and had to choose whether they were proper for a
public agency to post on social media.
Director Morales gave his insight on his personal experiences with social media.
Information only.
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GENERAL MANAGER/CEO REPORT
The General Manager/CEO informed the Board that he is considering putting together a
task for of local agencies to help with relief efforts in Texas and Louisiana due to
Hurricane Harvey; that he believes the efforts should be focused on a small town that
does not have as many resources as the larger regions; he stated that more information
was to come as he works out the details.
LEGAL COUNSEL REPORT
No report at this time.
BOARD OF DIRECTORS’ COMMENTS
Director Morales reminded the Board to sign up for the upcoming Region 9 Prado Dam
Tour.
Chairman Coats commended the General Manager/CEO on his idea of relief efforts of
those affected by Hurricane Harvey; and adjourned the meeting with the following
statement: “Help ensure your water future by supporting the Sterling Natural Resource
Center”.
ADJOURN
The meeting adjourned at 7:12 p.m.
___________________________
Ronald L. Coats, Board President
__________________________
John Mura, Secretary
R ec o mmend ed b y:
John Mura
G eneral Manager/C EO
R espec tfully s ubmitted:
Jus tine Hendric ks en
District C lerk
B OAR D AG E N D A S TAF F R E P O RT
Agenda Item #5.d.
Meeting Date: S eptember 13, 2017
C ons ent Item
To: G overning Board Memb ers
From: G eneral Manager/C E O
S ubject: Direc tors ' fees and exp ens es for Augus t 2017
R E C O MM E N D AT IO N:
Approve the G overning Bo ard Memb ers ’ fees and expenses fo r Augus t 2017.
B AC KG R O UN D / AN ALYS IS :
T he Board has instruc ted staff to lis t all d irec tor fees and exp ens es as a s ep arate agenda item to s how full fisc al
transparenc y. O nly after Board review and ap p ro val will the c o mpens ation and exp ens es be p aid.
AGE N C Y ID E ALS AN D E N DE AVO R S:
Id eals and Endeavor I I - Maintain An Enviro nment C ommitted To Elevated P ub lic S ervice
(E) – P ractice transparent & acc o untab le fis cal management
R E VIE W B Y O T HE R S :
T his agenda items has b een reviewed by the Ad minis tratio n department.
F IS C AL IMPAC T :
T he fis c al impact ass ociated with this agend a item is $7,110.21 whic h is inc luded in the c urrent fisc al b udget.
ATTAC H M E NTS:
Description Type
Directo rs' Expe nses August 2 017 Backup Material
R ec o mmend ed b y:
John Mura
G eneral Manager/C EO
R es p ec tfully s ub mitted :
Kelly Mallo y
P ublic Affairs /C ons ervation Manager
B OAR D AG E N D A S TAF F R E P O RT
Agenda Item #6.
Meeting Date: S eptember 13, 2017
Dis c ussion Item
To: G overning Board Memb ers
From: G eneral Manager/C E O
S ubject: Legis lative Up d ate
R E C O MM E N D AT IO N:
R ec eive the Legis lative Up d ate on the 2017 Legis lative S ession.
B AC KG R O UN D / AN ALYS IS :
East Valley Water Dis tric t has adop ted a Legis lative P latfo rm that id entifies priorities and po s itions regard ing
legis lation that c ould impac t the Dis tric t. Bas ed on that direc tion, s taff has b een wo rking with T he O nate G roup
and G o nzales , Q uintana & Hunter, LL C to p artic ipate in legislative ac tion regard ing prio rity is s ues.
T he Dis trict c o ntinues to monito r a number of d ifferent items of c o nc ern and interes t that are being c o nsidered in
2017 whic h is the firs t-year of the current two-year legislative ses s io n.
AGE N C Y ID E ALS AN D E N DE AVO R S:
Id eals and Endeavor I I I - Demons trate Vis io nary Lead ers hip To Enhance Dis trict Id entity
(E) - Develop a p ro ac tive legislative presenc e
R E VIE W B Y O T HE R S :
T his item has been reviewed by the Legis lative and P ub lic O utreac h C o mmittee.
F IS C AL IMPAC T :
T here is no fis c al impact ass ociated with this agenda item.
ATTAC H M E NTS:
Description Type
Legislative Bac k up Backup Material
August 23, 2017
TO: Kelly Malloy, East Valley Water District
FROM: David Quintana and Audrey Durfor, Gonzalez, Quintana, Hunter & Cruz
Pilar Onate-Quintana, The Onate Group
RE: Legislative Update
This memo is to provide you with a brief summary of 2017 legislative issues of interest or concern to East Valley
Water District.
We have appreciated our ongoing work with you on these issues through this legislative year and will continue
efforts – as desired and appropriate – throughout the duration of the legislative session, which ends on
September 15. As you are aware, the Governor then has until October 15 to sign or veto legislation.
While we have kept the summary of each issue very brief for purposes of providing the EVWD Board with concise
information, we note that additional information regarding legislation can be found by accessing bill text and
legislative analyses available on the full EVWD bill report (report is the first attachment – links to each measure
can be accessed electronically from this report).
Additionally, subsequent attachments include letters as sent by EVWD on each topic, where applicable.
Summary of Status of Key Legislative Issues:
Water Conservation:
With the year 2020 expiration of existing water conservation requirements (the “20 x 2020” requirements originally
enacted as part of a comprehensive water package in 2009), the new era of water conservation requirements has
been a major topic in the Capitol this year.
The Administration/State Water Resources Control Board advanced a framework for such requirements last fall.
Specifically, the Administration released a report last fall – “Making Conservation a California Way of Life” – which
outlined the SWRCB’s recommendations about water efficiency and strengthening local drought resilience.
Essentially, this report laid out a vision of moving toward a system of water use efficiency (including the setting of
efficiency standards), rather than just focusing on percentage of use reductions. Additionally, the legislative
language released by the Administration included fairly harsh SWRCB enforcement if water agencies fail to make
efficiency targets.
This report and the anticipation of legislative action spurred several legislative measures, including legislation
developed by an Association of California Water Agencies coalition, legislation that reflected conservation -related
language developed by the Administration, legislation to put the Department of Water Resources at the helm of
conservation target-setting and legislation to exclude recycled water from conservation requirements.
After months of debate during which these measures advanced from the Assembly to the Senate (despite the
significantly conflicting visions each represented) and after various legislative workgroup meetings, the Senate
and Assembly staff provided a conceptual outline of a potential merged proposal. (We do note that East Valley
water district did respond to a Senate Committee call for input on this topic. The relevant letter is the
second attachment to this report.)
The next key step in this process was expected to be the availability of specific proposed language to reflect the
Senate and Assembly work on this matter over the summer recess. The amendments to the “Make Water
Conservation a Way of Life in California” package were recently inserted into t he remaining bills, which reflect the
proposal from the Senate. Specifically, as of August 22, both AB 1668 and SB 606 were amended to contain the
“compromise” between the competing water conservation/drought planning proposals. However, the author of AB
1654 did not include any amendments. AB 1668 and AB 1654 will be heard in Senate Appropriations (anticipated
on August 28) and SB 606 will be heard in Assembly Appropriations (likely hearing date August 30).
We will continue to work with East Valley Water District to carefully review the newly available legislative
language and engage in the debate on the matter in the final weeks of legislative session.
Affordability of Water/Availability of Safe Drinking Water – Potential Charges on Water:
The issues of access to affordable and safe drinking water continue to be high-profile issues in the Legislature –
as reflected in ongoing SWRCB work to assess water affordability per prior legislation (AB 401 of 2015) and as
reflected in anticipated amendments to this year’s SB 623.
With respect to affordability of water statewide, per AB 401 direction, SWRCB staff has been working to develop
an analysis of the number of households that need assistance in paying their water bills and how to provide
subsidies to these households. Overall, while the final SWRCB report on the subject is expected to be completed
by January 1, 2018, to date the SWRCB analysis has been that roughly a third of California households need
such assistance and that a key option for funding such assistance would be a charge on water bills.
Both the lobbying staff and EVWD staff on the local level have been engaged in this issue, pressing the points
that some agencies have effectively addressed affordability issues via their rate structures and that – if such a
charge were to be administered on a per agency level – those with high percentages of disadvantage residents
would be unable to sustain high levels of subsidies.
After completion of the SWRCB study, it is widely anticipated that there may be legislative efforts in 2018 to enact
a potential water charge or tax to fund a water cost subsidy program.
More immediately, SB 623 (Monning) is focused on provided safe and sustainable water to customers of small
water systems with impaired water and possibly to residents who are dependent on wells that have impaired
water. ACWA developed an early opposition coalition effort to the concept of adding a water charge to fund
assistance to such residents, instead arguing that other funding sources such as bonds and General Fund are
more appropriate for this purpose.
EVWD signed onto this letter, which is provided as the third attachment to this report and the EVWD
lobby team will be active in any necessary efforts to fight a water tax/charge this year.
The latest amendments to SB 623 just came into print when the Legislature returned from the summer recess on
August 21 and added in the funding sources to the bill. Senator Monning added two types of funding: 1) fees
related to fertilizer and dairies to address nitrate contamination, and 2) a state-mandated tax on water that the bill
would require local water agencies to assess on their ratepayers and send to Sacramento. The near-term fate of
SB 623, which as of August 23 was sent to the Assembly Appropriations suspense file, will be determined by the
Assembly Appropriations Committee, no later than at the end of August. If SB 623 emerges from the “suspense”
file and goes to the floor still including a “water tax,” the EVWD lobby team will continue to work with the opposing
coalition to attempt to stop the bill’s passage.
Potential 2018 Parks/Water Bond:
AB 18 (Garcia) and SB 5 (DeLeon) seek to provide monies for parks and open space purposes – and somewhat
to a lesser degree water supply-related purposes
Each bill, which provides a somewhat different mix of monies, has advanced to the second house, pending
additional negotiations and discussions. While the Governor maintained opposition to additional bond debt for
most of the year, more recent reports indicate that he will entertain a limited amount of bonded indebtedness for a
housing bond and for a parks/water bond.
Additionally, two additional external park/water bond efforts are being pursued (an effort by Jerry Meral, who has
put together bonds-via-initiative in the past and an effort by a coalition led by The Nature Conservancy). There is
some possibility that the priorities of either or both of these external initiative efforts will be merged into the
legislative effort to avoid conflicting bonds on the 2018 ballot.
While ACWA has been supportive of the proposed legislative bonds to date, East Valley and others have
submitted positions requesting that the water supply-related funding – especially for such purposes as
recycled water and groundwater storage– be boosted in any final bond deal. (See attached, relevant
letters from EVWD.)
We do note that – in addition to potential water supply funding opportunities – at the time of the writing of this
report - the legislative bonds have significant funding for parks purposes in disadvantaged communities, which
could provide opportunity for the Sterling Center, if appropriate.
Lead in Drinking Water Legislation:
2017 proved to be another year for significant legislative focus on the issue of lead in drinking water.
Overall, EVWD technical staff has been plugged into various ACWA discussions on lead-related
legislation in an effort to shape reasonable responses to potential additional requirements. Additionally,
EVWD positions as submitted to the Legislature have tracked those developed by ACWA as the
legislation has progressed through the process.
As of the writing of this report, some of the lead-related legislation that EVWD has taken a position on has stalled
for the year (including AB 1490 (Gray), which would have required the SWRCB to evaluate impacts on primary
drinking water standards before implementing a water quality control plan and AB 885 (Rubio/Quirk), which would
have required each school to develop and adopt a plan of action to prevent elevated lead levels in all water used
for drinking or cooking at the school and required a community water system to test schools for lead annually).
Other legislation includes AB 247 (Garcia), which would require the Office of Environmental Health Hazard
Assessment to convene a Lead Advisory Task Force to review and advise on procedures to reduce childhood
lead poisoning. Along with ACWA, EVWD has a support if amended position on this measure.
Please note that additional background on EVWD positions can be found via review of the relevant letters
included as the final attachments to this report.
Lastly, SB 427 (Leyva), is legislation currently on the Assembly Floor, that would require a community water
system to provide a timeline for the replacement of known lead service lines in its distribution system to the State
Water Resources Control Board by July 1, 2020. The bill also clarifies the process by which the SWRCB and the
water system must agree on a timeline for replacing user service lines known to contain lead. ACWA originally
expressed concerns over the timeline approval process, but these issues were addressed, and the Association
has removed their opposition.
Other Legislation:
The East Valley Water District bill report (again, we note this is included as the first attachment), includes
additional legislation of potential interest or concern as monitored by the EVWD legislative team.
The list includes ACWA positions and provides information regarding EVWD letters submitted to the Legislature,
where appropriate.
As you are aware, we work with you to periodically review the status of legislation of interest at key points during
the legislative year and discuss approaches to measures of concern during these conversations.
Other Issues:
Overall, the EVWD lobbying team values our weekly calls with you to discuss issues of concern, with other
conversations added to these weekly calls as needed.
As you are aware, the EVWD lobbying team continues to work to provide input to EVWD staff regarding matters
of concern to the district beyond legislation – including regular conversations about the status and direction of
Sterling Center-related efforts.
As always, we are on call to participate in SWRCB funding-related meetings and/or to provide updates to EVWD-
area legislators on the Center as appropriate.
Additionally, we remain available to attend Sacramento/Northern California SWRCB workshops on a variety of
issues, as requested by EVWD.
We hope that this memo and attached information provide a useful summary of the status of various key issues.
If you have any questions, please do not hesitate to contact us at any time.
East Valley Water District
Bill Report 8/16/2017
Measure Author Topic Status Position Notes 1 Notes 2
AB 18 Garcia,
Eduardo D
California Clean
Water, Climate,
Coastal
Protection, and
Outdoor Access
For All Act of
2018.
6/28/2017-
Referred to
Coms. on N.R. &
W. and GOV. & F.
Support &
Amend
ACWA Favor &
Amend
Support &
Amend Letter
Delivered to
Author 6/15
Support &
Amend Letter
Delivered to
Senate Natural
Resources
Committee 6/15
AB 46 Cooper D Employers:
wage
discrimination.
7/12/2017-From
committee: Do
pass and re-refer
to Com. on APPR.
(Ayes 7. Noes 0.)
(July 11). Re-
referred to Com.
on APPR.
ACWA Watch
AB 52 Cooper D Public
employees:
orientation and
informational
programs:
exclusive
representatives.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was
P.E.,R. & S.S. on
1/19/2017)(May
be acted upon
Jan 2018)
ACWA Not
Favor
AB 68 Mathis R School facilities:
schoolsite
acquisition.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was ED.
on 1/19/2017)
(May be acted
upon Jan 2018)
ACWA Watch
AB 77 Fong R Regulations:
effective dates
and legislative
review.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was
APPR. on
5/26/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 151 Burke D California Global
Warming
Solutions Act of
2006: market-
based
compliance
mechanisms:
scoping plan:
report.
6/5/2017-Action
From THIRD
READING: To
INACTIVE FILE.
AB 166 Salas D Safe drinking
water:
household
filtration
systems: rebate
program.
7/14/2017-Failed
Deadline
pursuant to Rule
61(a)(10). (Last
location was RLS.
on 6/8/2017)
(May be acted
upon Jan 2018)
ACWA Watch
AB 168 Eggman D Employers:7/18/2017-Read ACWA Not
Page 1/20
salary
information.
second time.
Ordered to third
reading.
Favor
AB 176 Salas D Water project:
Friant-Kern
Canal.
5/26/2017-In
committee: Held
under
submission.
ACWA Watch
AB 200 Eggman D Reclamation
District No.
1614: Pump
Station No. 7.
5/26/2017-In
committee: Held
under
submission.
ACWA Watch
AB 241 Dababneh D Personal
information:
privacy: state
and local agency
breach.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was
APPR. on
5/26/2017)(May
be acted upon
Jan 2018)
ACWA Not Favor
AB 247 Garcia,
Cristina D
Public health:
childhood lead
poisoning: Lead
Advisory Task
Force.
7/11/2017-Read
second time and
amended. Re-
referred to Com.
on APPR.
Support if
amended
ACWA Favor if
Amended
Letter Delivered
to Senate
Environmental
Quality
Committee 6/15
AB 267 Waldron R Community
services
districts.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was
PRINT on
2/1/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 272 Gipson D Southeast Los
Angeles County
Drinking Water
Relief Act.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was W.,P.
& W. on
4/5/2017)(May
be acted upon
Jan 2018)
ACWA watch
AB 281 Salas D Labor Code
Private
Attorneys
General Act of
2004: right to
cure.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was L. &
E. on 2/13/2017)
(May be acted
upon Jan 2018)
Acwa favor
AB 305 Arambula D School
accountability
report card:
drinking water
access points.
4/5/2017-In
committee:
Hearing
postponed by
committee.
ACWA Watch
AB 313 Gray D Water.7/18/2017-From
committee chair,
with author's
amendments:
Amend, and re-
refer to
committee. Read
second time,
amended, and
re-referred to
Com. on APPR.
ACWA Support
Page 2/20
AB 321 Mathis R Groundwater
sustainability
agencies.
7/18/2017-
Approved by the
Governor.
Chaptered by
Secretary of
State - Chapter
67, Statutes of
2017.
ACWA Watch
AB 366 Obernolte R Civil actions: fee
recovery.
7/21/2017-Failed
Deadline
pursuant to Rule
61(a)(11). (Last
location was RLS.
on 7/3/2017)
(May be acted
upon Jan 2018)
Acwa watch
AB 367 Obernolte R Water supply:
building permits.
7/10/2017-Read
second time.
Ordered to third
reading.
Acwa Watch
AB 375 Chau D Internet service
providers:
customer
privacy.
7/19/2017-From
committee: Do
pass and re-refer
to Com. on RLS.
(Ayes 5. Noes 2.)
(July 18). Re-
referred to Com.
on RLS.
AB 378 Garcia,
Cristina D
Greenhouse
gases, criteria
air pollutants,
and toxic air
contaminants.
6/1/2017-Read
third time.
Refused
passage. Motion
to reconsider on
the next
legislative day
made by
Assembly
Member Cristina
Garcia. (FAILED)
AB 398 Garcia,
Eduardo D
California Global
Warming
Solutions Act of
2006: market-
based
compliance
mechanisms: fire
prevention fees:
sales and use
tax
manufacturing
exemption.
7/25/2017-
Approved by the
Governor.
Chaptered by
Secretary of
State - Chapter
135, Statutes of
2017.
AB 429 Grayson D State water
policy: water
rights: use and
transferability.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was
PRINT on
2/13/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 448 Daly D Local
governments:
parcel taxes:
notice.
7/14/2017-Failed
Deadline
pursuant to Rule
61(a)(10). (Last
location was GOV.
& F. on 6/8/2017)
(May be acted
upon Jan 2018)
ACWA Not
Favor
Page 3/20
AB 457 Cunningham R Saline water
conversion:
Diablo Canyon
nuclear
powerplant.
7/14/2017-Failed
Deadline
pursuant to Rule
61(a)(10). (Last
location was RLS.
on 6/1/2017)
(May be acted
upon Jan 2018)
ACWA Favor
AB 464 Gallagher R Local
government
reorganization.
7/10/2017-
Approved by the
Governor.
Chaptered by
Secretary of
State - Chapter
43, Statutes of
2017.
Watch, with
concerns
ACWA:Favor
AB 472 Frazier D Water transfers:
idled agricultural
land: wildlife,
waterfowl, and
bird nesting
habitat.
7/11/2017-In
committee: Set,
first hearing.
Failed passage.
ACWA: watch
AB 487 Mathis R Sustainable
Groundwater
Management
Act.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was
PRINT on
2/13/2017)(May
be acted upon
Jan 2018)
Watch ACWA Watch
AB 506 Voepel R Insurance: long-
term care
insurance.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was
PRINT on
2/13/2017)(May
be acted upon
Jan 2018)
ACWA Support
AB 552 Irwin D United Water
Conservation
District.
7/18/2017-Read
second time and
amended. Re-
referred to Com.
on APPR.
ACWA Favor
AB 554 Cunningham R Desalination:
statewide goal.
6/2/2017-Failed
Deadline
pursuant to Rule
61(a)(8). (Last
location was
APPR. on
5/26/2017)(May
be acted upon
Jan 2018)
ACWA Favor
AB 560 Salas D Safe Drinking
Water State
Revolving Fund:
project
financing:
severely
disadvantaged
communities.
7/12/2017-Read
second time and
amended. Re-
referred to Com.
on APPR.
ACWA Not favor
unless amended
AB 567 Quirk-Silva D School facilities:
drinking water
fountains:
spigot for filling
water bottles.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was ED.
on 2/27/2017)
ACWA Watch
Page 4/20
(May be acted
upon Jan 2018)
AB 574 Quirk D Potable reuse.7/13/2017-
Withdrawn from
committee. Re-
referred to Com.
on APPR.
ACWA Support
AB 577 Caballero D Disadvantaged
communities.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was E.S.
& T.M. on
2/27/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 589 Bigelow R Water diversion:
monitoring and
reporting:
University of
California
Cooperative
Extension.
7/12/2017-Read
second time and
amended. Re-
referred to Com.
on APPR.
ACWA Watch
AB 594 Irwin D Water supply
planning:
California
Environmental
Quality Act:
photovoltaic or
wind energy
generation
facility.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was W.,P.
& W. on
2/27/2017)(May
be acted upon
Jan 2018)
AB 619 Dahle R Sierra Lakes
County Water
District.
7/24/2017-
Approved by the
Governor.
Chaptered by
Secretary of
State - Chapter
109, Statutes of
2017.
ACWA Favor
AB 640 Harper R Recycled water:
recycling criteria.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was
PRINT on
2/14/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 641 Harper R Water
conservation
and reclamation
projects.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was
PRINT on
2/14/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 642 Harper R Desalinated
water.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was
PRINT on
2/14/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 685 Fong R Water: dams 5/12/2017-Failed ACWA Watch
Page 5/20
and reservoirs.Deadline
pursuant to Rule
61(a)(3). (Last
location was
PRINT on
2/15/2017)(May
be acted upon
Jan 2018)
AB 722 Limón D Isla Vista
Community
Services District:
board of
directors.
7/20/2017-From
committee: Do
pass. (Ayes 5.
Noes 2.) (July
19).
AB 733 Berman D Enhanced
infrastructure
financing
districts:
projects: climate
change.
6/26/2017-Read
second time and
amended.
Ordered to third
reading.
AB 791 Frazier D Sacramento-San
Joaquin Delta:
State Water
Project and
federal Central
Valley Project:
new conveyance
facility.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was
APPR. SUSPENSE
FILE on
5/10/2017)(May
be acted upon
Jan 2018)
ACWA Not favor
AB 792 Frazier D Sacramento-San
Joaquin Delta:
Delta Plan:
certification of
consistency.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was W.,P.
& W. on
3/20/2017)(May
be acted upon
Jan 2018)
ACWA Not favor
AB 793 Frazier D Sacramento-San
Joaquin Delta:
financing.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was W.,P.
& W. on
3/2/2017)(May
be acted upon
Jan 2018)
ACWA Not Favor
Unless
Amended
AB 798 Garcia,
Eduardo D
Local
government:
counties:
consolidation of
offices.
7/20/2017-From
committee: Do
pass. (Ayes 7.
Noes 0.) (July
19).
ACWA Favor if
Amended
AB 816 Kiley R California
Environmental
Protection
Agency: Natural
Resources
Agency: Web
casts of public
meetings and
workshops.
7/11/2017-From
committee: Do
pass and re-refer
to Com. on APPR.
with
recommendation:
To Consent
Calendar. (Ayes
9. Noes 0.) (July
11). Re-referred
to Com. on APPR.
ACWA Not Favor
Unless Amended
AB 851 Caballero D Local agency
contracts.
7/18/2017-Read
second time.
Ordered to third
reading.
Acwa Favor
AB 869 Rubio D Sustainable 7/14/2017-Failed ACWA Support
Page 6/20
water use and
demand
reduction:
recycled water.
Deadline
pursuant to Rule
61(a)(10). (Last
location was N.R.
& W. on
6/8/2017)(May
be acted upon
Jan 2018)
AB 883 Dahle R Emergency
services:
Governor:
powers.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was G.O.
on 3/23/2017)
(May be acted
upon Jan 2018)
ACWA Watch
AB 884 Levine D Dams and
reservoirs:
inspections.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was
APPR. SUSPENSE
FILE on
5/3/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 885 Rubio D Pupil health:
drinking water:
lead.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was
APPR. SUSPENSE
FILE on
5/17/2017)(May
be acted upon
Jan 2018)
Oppose ACWA Not Favor
unless amended
Letter Delivered
to Author 4/12
Letter Delivered
to
Environmental
Safety
Committee 4/12
AB 890 Medina D Land use:
planning and
zoning:
initiatives.
7/19/2017-Action
From GOV. & F.:
Do pass as
amended.To
APPR..
Acwa Not favor
AB 892 Waldron R Municipal water
districts: water
service: Indian
tribes.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was L.
GOV. on
3/23/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 898 Frazier D Property
taxation:
revenue
allocations: East
Contra Costa
Fire Protection
District.
4/17/2017-In
committee: Set,
first hearing.
Hearing canceled
at the request of
author.
ACWA Watch
AB 920 Aguiar-Curry D Electricity:
procurement
plans:
integrated
resource plans.
7/17/2017-Read
second time and
amended. Re-
referred to Com.
on APPR.
Acwa watch
AB 925 Frazier D Williamson Act:
farmland
security and
conservation
zones.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was L.
GOV. on
Page 7/20
4/26/2017)(May
be acted upon
Jan 2018)
AB 947 Gallagher R Department of
Fish and
Wildlife: lake or
streambed
alteration
agreements:
definitions.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was
APPR. SUSPENSE
FILE on
5/3/2017)(May
be acted upon
Jan 2018)
ACWA Support if
Amended
AB 968 Rubio D Urban water
use: water
efficiency.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was
APPR. SUSPENSE
FILE on
5/10/2017)(May
be acted upon
Jan 2018)
Support ACWA Support
Letter Delivered
to Author 4/24
Letter Delivered
to Assembly
Water Parks &
Wildlife
Committee 4/24
AB 975 Friedman D Natural
resources: wild
and scenic
rivers.
7/14/2017-Failed
Deadline
pursuant to Rule
61(a)(10). (Last
location was
INACTIVE FILE on
6/5/2017)(May
be acted upon
Jan 2018)
ACWA Oppose
AB 979 Lackey R Local agency
formation
commissions:
district
representation.
7/11/2017-Read
second time.
Ordered to third
reading.
ACWA Favor
AB 1000 Friedman D Water
conveyance: use
of facility with
unused capacity.
7/11/2017-From
committee: Do
pass and re-refer
to Com. on APPR.
(Ayes 6. Noes 2.)
(July 11). Re-
referred to Com.
on APPR.
ACWA Not Favor
Unless
Amended
AB 1008 McCarty D Employment
discrimination:
prior criminal
history.
7/18/2017-Read
second time and
amended. Re-
referred to Com.
on APPR.
ACWA Not
Favor
AB 1009 Gallagher R Sustainable
groundwater
management:
groundwater
sustainability
agencies.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was
PRINT on
2/16/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 1023 Brough R Ronald Reagan
Day: state
holiday.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was
P.E.,R. & S.S. on
3/27/2017)(May
be acted upon
Jan 2018)
ACWA Watch
Page 8/20
AB 1030 Ting D Energy storage
systems.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was U. &
E. on 3/6/2017)
(May be acted
upon Jan 2018)
ACWA Favor If
Amended
AB 1041 Levine D Transportation
funding:
transportation
improvement
fee.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was
TRANS. on
4/24/2017)(May
be acted upon
Jan 2018)
ACWA Not Favor
AB 1047 Gallagher R Disaster relief:
Lake Oroville.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was G.O.
on 3/27/2017)
(May be acted
upon Jan 2018)
ACWA Watch
AB 1050 Allen, Travis R California
Endangered
Species Act:
Delta smelt.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was W.,P.
& W. on
3/27/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 1075 Reyes D Water rights:
temporary
permits:
expiration.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was W.,P.
& W. on
3/20/2017)(May
be acted upon
Jan 2018)
ACWA Favor
AB 1097 Levine D Department of
Fish and
Wildlife:
Significant
Natural Areas
Program.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was W.,P.
& W. on
3/6/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 1117 Fong R California
Environmental
Quality Act.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was NAT.
RES. on
3/6/2017)(May
be acted upon
Jan 2018)
Acwa watch
AB 1133 Dahle R California
Endangered
Species Act:
experimental
populations.
7/13/2017-Read
second time and
amended. Re-
referred to Com.
on APPR.
Acwa favor
AB 1184 Ting D Vehicular air
pollution:
7/6/2017-From
committee: Do
ACWA Watch
Page 9/20
electric vehicles:
incentives.
pass and re-refer
to Com. on RLS.
(Ayes 5. Noes 1.)
(July 5). Re-
referred to Com.
on RLS.
Withdrawn from
committee. Re-
referred to Com.
on APPR.
AB 1211 Dahle R State policy for
water quality
control.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was
PRINT on
2/17/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 1248 Gloria D Public agencies:
information.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was L.
GOV. on
3/13/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 1270 Gallagher R Dams and
reservoirs:
inspections and
reporting.
7/20/2017-From
committee chair,
with author's
amendments:
Amend, and re-
refer to
committee. Read
second time,
amended, and
re-referred to
Com. on APPR.
ACWA Watch
AB 1271 Gallagher R Dams and
reservoirs.
4/4/2017-In
committee: Set,
first hearing.
Hearing canceled
at the request of
author.
ACWA Watch
AB 1273 Gallagher R California
Environmental
Quality Act:
exemption:
levee repairs.
7/14/2017-Failed
Deadline
pursuant to Rule
61(a)(10). (Last
location was N.R.
& W. on
7/6/2017)(May
be acted upon
Jan 2018)
ACWA Favor
AB 1276 Limón D United Water
Conservation
District: park
rangers.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was PUB.
S. on 3/16/2017)
(May be acted
upon Jan 2018)
ACWA Favor
AB 1323 Weber D Sustainable
water use and
demand
reduction:
stakeholder
workgroup.
7/11/2017-From
committee: Do
pass and re-refer
to Com. on APPR.
(Ayes 9. Noes 0.)
(July 11). Re-
ACWA Favor
Page 10/20
referred to Com.
on APPR.
AB 1333 Dababneh D Political Reform
Act of 1974:
local
government
agency notices.
5/26/2017-In
committee: Held
under
submission.
Acwa not favor
AB 1342 Flora R Greenhouse Gas
Reduction Fund:
healthy forest
programs,
organic waste
projects, and
recycling
projects.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was
APPR. SUSPENSE
FILE on
5/17/2017)(May
be acted upon
Jan 2018)
ACWA Favor
AB 1343 Chen R Water
conservation:
school districts:
Go Low Flow
Water
Conservation
Partnerships.
7/21/2017-
Approved by the
Governor.
Chaptered by
Secretary of
State - Chapter
90, Statutes of
2017.
ACWA Watch
AB 1369 Gray D Water quality
and storage.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was W.,P.
& W. on
3/27/2017)(May
be acted upon
Jan 2018)
ACWA Favor
AB 1405 Mullin D Electricity: net-
load peak.
7/17/2017-Read
second time and
amended. Re-
referred to Com.
on APPR.
ACWA Not Favor
AB 1427 Eggman D Water:
underground
storage.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was
APPR. SUSPENSE
FILE on
5/3/2017)(May
be acted upon
Jan 2018)
Acwa watch
AB 1433 Wood D Natural and
working lands:
unified program
application and
process.
7/18/2017-Read
second time and
amended. Re-
referred to Com.
on APPR.
ACWA Watch
AB 1442 Allen, Travis R Bonds:
transportation:
water projects.
4/25/2017-In
committee: Set,
second hearing.
Failed passage.
Reconsideration
granted.
ACWA Watch
AB 1455 Bocanegra D The California
Public Records
Act: exemptions.
7/20/2017-Read
second time.
Ordered to third
reading.
Acwa watch
AB 1479 Bonta D Public records:
custodian of
records: civil
7/18/2017-Read
second time and
amended. Re-
Watch, with
concerns
ACWA Oppose
Page 11/20
penalties.referred to Com.
on APPR.
AB 1481 Nazarian D Water: public
use.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was
PRINT on
2/17/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 1487 Rodriguez D Public
Employees’
Retirement
System: limited
term
appointments.
6/27/2017-Read
second time.
Ordered to third
reading.
ACWA Watch
AB 1490 Gray D State Water
Resources
Control Board:
school drinking
water.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was
APPR. SUSPENSE
FILE on
5/24/2017)(May
be acted upon
Jan 2018)
Neutral ACWA Watch Letter Delivered
to Author 4/12
Letter Delivered
to
Environmental
Safety
Committee 4/12
Removal of
Opposition
Letter Delivered
4/18
AB 1507 Grayson D Local
government.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was
PRINT on
2/17/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 1516 Cunningham R Maintenance of
the codes.
6/8/2017-From
Consent
Calendar.
Ordered to third
reading.
AB 1529 Thurmond D Cross-
connection or
backflow
prevention
device
inspectors:
certification.
7/18/2017-Read
second time and
amended. Re-
referred to Com.
on APPR.
ACWA Not
Favor
AB 1543 Gloria D Municipal water
districts: bonds.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was
PRINT on
2/17/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 1548 Fong R Occupational
safety and
health:
penalties.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was L. &
E. on 3/16/2017)
(May be acted
upon Jan 2018)
ACWA Favor
AB 1562 Garcia,
Eduardo D
Sustainable
Groundwater
4/28/2017-Failed
Deadline
ACWA Not favor
Page 12/20
Management
Act: Desert
Water Agency:
Coachella Valley
Groundwater
Basin.
pursuant to Rule
61(a)(2). (Last
location was L.
GOV. on
3/27/2017)(May
be acted upon
Jan 2018)
AB 1564 Arambula D Agricultural
preserves:
Williamson Act.
7/12/2017-From
committee: Do
pass and re-refer
to Com. on APPR.
(Ayes 7. Noes 0.)
(July 12). Re-
referred to Com.
on APPR.
AB 1587 Levine D Invasive
species:
dreissenid
mussels.
7/17/2017-In
committee:
Hearing
postponed by
committee.
ACWA Favor
AB 1605 Caballero D Maximum
contaminant
level: nitrate:
replacement
water.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was JUD.
on 5/1/2017)
(May be acted
upon Jan 2018)
ACWA Watch
AB 1617 Bloom D Department of
Fish and
Wildlife: Fish
and Game
Commission:
funding:
strategic vision.
7/14/2017-Failed
Deadline
pursuant to Rule
61(a)(10). (Last
location was N.R.
& W. on
6/14/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 1628 Grayson D Public works:
independent
contractors.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was
PRINT on
2/17/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 1654 Rubio D Water
conservation.
7/21/2017-Failed
Deadline
pursuant to Rule
61(a)(11). (Last
location was RLS.
on 7/17/2017)
(May be acted
upon Jan 2018)
Support ACWA Support Letter Delivered
to Author 4/12
Letter Delivered
to Assembly
Water Parks and
Wildlife
Committee 4/12
Letter Delivered
to Senate
Natural
Resources
Committee 6/15
AB 1658 Frazier D State agencies:
accountability.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was
APPR. SUSPENSE
FILE on
5/17/2017)(May
be acted upon
Jan 2018)
ACWA Watch
Page 13/20
AB 1660 Kalra D Court reporter
providers.
7/10/2017-Read
second time and
amended. Re-
referred to Com.
on APPR.
ACWA Watch
AB 1667 Friedman D Water
management
planning.
7/14/2017-Failed
Deadline
pursuant to Rule
61(a)(10). (Last
location was N.R.
& W. on
7/11/2017)(May
be acted upon
Jan 2018)
Neutral ACWA Watch Letter Delivered
to Author 4/12
Letter Delivered
to Assembly
Water Parks and
Wildlife
Committee 4/12
Removal of
Opposition
Letter Delivered
4/24
AB 1668 Friedman D Water
conservation.
7/21/2017-Failed
Deadline
pursuant to Rule
61(a)(11). (Last
location was RLS.
on 7/17/2017)
(May be acted
upon Jan 2018)
ACWA Oppose
AB 1669 Friedman D Urban water
conservation
standards and
use reporting.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was
APPR. SUSPENSE
FILE on
5/10/2017)(May
be acted upon
Jan 2018)
Oppose ACWA Oppose Letter Delivered
to Author 4/12
Letter Delivered
to Assembly
Water Parks and
Wildlife
Committee 4/12
AB 1671 Caballero D Backflow
protection and
cross-connection
controls:
standards.
7/11/2017-From
committee chair,
with author's
amendments:
Amend, and re-
refer to
committee. Read
second time,
amended, and
re-referred to
Com. on APPR.
ACWA Favor
AB 1673 Aguiar-Curry D The California
Water Plan.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was
PRINT on
2/17/2017)(May
be acted upon
Jan 2018)
ACWA Watch
AB 1725 Committee on
Local
Government
Local agency
formation.
7/20/2017-Read
third time and
amended.
Ordered to
second reading.
ACWA Favor
AB 1728 Committee on
Local
Government
Health care
districts: board
of directors.
7/12/2017-From
committee: Do
pass and re-refer
to Com. on APPR.
with
recommendation:
To Consent
Calendar. (Ayes
7. Noes 0.) (July
Page 14/20
12). Re-referred
to Com. on APPR.
ACA 4 Aguiar-Curry D Local
government
financing:
affordable
housing and
public
infrastructure:
voter approval.
4/24/2017-
Referred to
Coms. on L. GOV.
and APPR.
SB 5 De León D California
Drought, Water,
Parks, Climate,
Coastal
Protection, and
Outdoor Access
For All Act of
2018.
7/18/2017-From
committee with
author's
amendments.
Read second time
and amended.
Re-referred to
Com. on W.,P., &
W.
Support &
Amend
ACWA Favor &
Amend
Letter Delivered
to Author 6/15
Letter Delivered
to Assembly
Water Parks &
Wildlife
Committee 6/15
SB 32 Moorlach R California Public
Employees’
Pension Reform
Act of 2018.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was P.E.
& R. on 3/8/2017)
(May be acted
upon Jan 2018)
ACWA Watch
SB 49 De León D California
Environmental,
Public Health,
and Workers
Defense Act of
2017.
7/18/2017-Read
second time and
amended. Re-
referred to Com.
on APPR.
ACWA Oppose
SB 57 Stern D Natural gas
storage:
moratorium.
5/30/2017-Read
third time.
Urgency clause
refused adoption.
(FAILED)(Ayes 24.
Noes 9. Page
1283.) Motion to
reconsider made
by Senator Stern.
Reconsideration
granted. (Ayes
40. Noes 0. Page
1283.)
ACWA Oppose
SB 80 Wieckowski D California
Environmental
Quality Act:
notices.
7/20/2017-Read
second time.
Ordered to third
reading.
ACWA Oppose
unless
amended
SB 146 Wilk R Water
resources:
permit to
appropriate:
protected
species.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was N.R.
& W. on
1/26/2017)(May
be acted upon
Jan 2018)
ACWA Watch
SB 193 Cannella R Monterey
County Water
Resources
Agency: Lake
Nacimiento and
Lake San
Antonio: white
bass.
6/8/2017-From
committee with
author's
amendments.
Read second time
and amended.
Re-referred to
Com. on N.R. &
W.
ACWA Watch
Page 15/20
SB 200 Morrell R Public
employees’
retirement
benefits: final
compensation.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was RLS.
on 1/31/2017)
(May be acted
upon Jan 2018)
SB 205 Committee on
Governance and
Finance
Local
Government
Omnibus Act of
2017.
7/20/2017-Read
second time.
Ordered to
consent calendar.
SB 210 Leyva D Pupil health:
drinking water.
7/14/2017-Failed
Deadline
pursuant to Rule
61(a)(10). (Last
location was ED.
on 6/12/2017)
(May be acted
upon Jan 2018)
ACWA watch
SB 229 Wieckowski D Accessory
dwelling units.
7/17/2017-From
committee with
author's
amendments.
Read second time
and amended.
Re-referred to
Com. on APPR.
(Amended
7/17/2017)
ACWA Watch
SB 231 Hertzberg D Local
government:
fees and
charges.
6/15/2017-Read
second time.
Ordered to third
reading.
ACWA Favor
SB 252 Dodd D Water wells.7/17/2017-Read
second time and
amended. Re-
referred to Com.
on APPR.
(Amended
7/17/2017)
ACWA oppose
SB 276 Dodd D State Water
Efficiency and
Enhancement
Program.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was
APPR. SUSPENSE
FILE on
5/25/2017)(May
be acted upon
Jan 2018)
SB 306 Hertzberg D Retaliation
actions:
complaints:
administrative
review.
7/5/2017-From
committee: Do
pass and re-refer
to Com. on APPR.
(Ayes 5. Noes 2.)
(July 5). Re-
referred to Com.
on APPR.
ACWA watch
SB 338 Skinner D Net-load peak
energy.
7/20/2017-Read
second time.
Ordered to third
reading.
ACWA Watch
SB 372 Cannella R San Joaquin
River Exchange
Contractors
Groundwater
Sustainability
7/11/2017-From
committee: Do
pass and re-refer
to Com. on APPR.
(Ayes 15. Noes
ACWA Favor
Page 16/20
Agency.0.) (July 11). Re-
referred to Com.
on APPR.
SB 373 Cannella R Public contracts:
design-build:
Stanislaus
Regional Water
Authority.
7/17/2017-Read
second time.
Ordered to third
reading.
ACWA Favor
SB 397 Berryhill R Elections.5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was RLS.
on 2/15/2017)
(May be acted
upon Jan 2018)
ACWA Watch
SB 417 Berryhill R State Water
Resources
Control Board.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was RLS.
on 2/15/2017)
(May be acted
upon Jan 2018)
ACWA Watch
SB 423 Cannella R Indemnity:
design
professionals.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was JUD.
on 3/29/2017)
(May be acted
upon Jan 2018)
SB 427 Leyva D Public water
systems:
community
water systems:
lead user
service lines.
7/20/2017-Read
second time.
Ordered to
consent calendar.
ACWA WATCH
SB 448 Wieckowski D Local
government:
organization:
districts.
7/17/2017-Read
second time and
amended. Re-
referred to Com.
on APPR.
(Amended
7/17/2017)
ACWA Favor If
Amended
SB 474 Galgiani D Disaster
Preparedness
and Flood
Prevention Bond
Act of 2006.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was
APPR. SUSPENSE
FILE on
5/25/2017)(May
be acted upon
Jan 2018)
ACWA watch
SB 519 Beall D Santa Clara
Valley Water
District.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was GOV.
& F. on 3/2/2017)
(May be acted
upon Jan 2018)
ACWA Support
SB 525 Pan D Public
employees’
retirement.
7/20/2017-Read
second time.
Ordered to
consent calendar.
Acwa watch
Page 17/20
SB 541 Allen D Water: school
facility water
capture
practices.
7/20/2017-From
committee with
author's
amendments.
Read second time
and amended.
Re-referred to
Com. on APPR.
ACWA Watch
SB 558 Glazer D Property
taxation: new
construction
exclusion: rain
water capture
system.
7/20/2017-
Referred to Com.
on REV. & TAX.
SB 564 McGuire D Joint powers
authorities:
Water Bill
Savings Act.
7/18/2017-Read
second time.
Ordered to third
reading.
ACWA Watch
SB 589 Hernandez D Municipal
separate storm
sewer systems:
financial
capability
analysis: pilot
project.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was
APPR. SUSPENSE
FILE on
5/25/2017)(May
be acted upon
Jan 2018)
Acwa favor
SB 606 Skinner D Water
conservation.
7/19/2017-Read
second time.
Ordered to third
reading.
ACWA Favor
SB 615 Hueso D Salton Sea
restoration.
6/27/2017-From
committee: Do
pass and re-refer
to Com. on APPR.
(Ayes 14. Noes
1.) (June 27). Re-
referred to Com.
on APPR.
Acwa watch
SB 623 Monning D Water quality:
Safe and
Affordable
Drinking Water
Fund.
7/12/2017-From
committee: Do
pass and re-refer
to Com. on APPR.
(Ayes 5. Noes 1.)
(July 11). Re-
referred to Com.
on APPR.
ACWA Oppose
Unless
Amended
Position Letter
(Coalition with
ACWA)
Delivered to
Assembly
Environmental
Safety on 7/4
SB 632 Monning D Civil discovery:
depositions.
7/10/2017-Read
third time and
amended.
Ordered to third
reading.
Oppose
SB 633 Portantino D Water quality
objectives:
stormwater.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was
APPR. SUSPENSE
FILE on
5/25/2017)(May
be acted upon
Jan 2018)
ACWA
Favor/amend
SB 634 Wilk R Santa Clarita
Valley Water
District.
7/12/2017-Read
second time and
amended. Re-
referred to Com.
on APPR.
ACWA Support
Page 18/20
SB 657 Bates R California Public
Records Act:
reverse public
records actions.
4/28/2017-Failed
Deadline
pursuant to Rule
61(a)(2). (Last
location was JUD.
on 3/9/2017)
(May be acted
upon Jan 2018)
ACWA Not Favor
SB 669 Moorlach R Sustainable
groundwater
management:
adjudicated
groundwater
basins.
5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was RLS.
on 2/17/2017)
(May be acted
upon Jan 2018)
ACWA Watch
SB 693 Mendoza D Lower San
Gabriel River
Recreation and
Park District.
7/11/2017-From
committee: Do
pass and re-refer
to Com. on APPR.
(Ayes 10. Noes
4.) (July 11). Re-
referred to Com.
on APPR.
SB 701 Hueso D Salton Sea
Obligations Act
of 2018.
7/3/2017-Read
second time and
amended. Re-
referred to Com.
on APPR.
ACWA Favor
SB 740 Wiener D Onsite treated
water.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was
APPR. SUSPENSE
FILE on
5/25/2017)(May
be acted upon
Jan 2018)
SB 750 Hueso D Vehicles: license
plate pilot
programs.
6/28/2017-Read
second time and
amended. Re-
referred to Com.
on APPR.
SB 766 Monning D International
commercial
arbitration:
representation.
7/14/2017-Failed
Deadline
pursuant to Rule
61(a)(10). (Last
location was JUD.
on 6/8/2017)
(May be acted
upon Jan 2018)
ACWA watch
SB 771 De León D California
Environmental
Quality Act:
continuing
education:
public
employees.
7/18/2017-Read
second time and
amended. Re-
referred to Com.
on APPR.
Acwa not favor
SB 775 Wieckowski D California Global
Warming
Solutions Act of
2006: market-
based
compliance
mechanisms.
5/8/2017-May 10
hearing
postponed by
committee.
SB 778 Hertzberg D Water systems:
consolidations:
7/13/2017-Read
second time and
ACWA watch
Page 19/20
administrative
and managerial
services.
amended. Re-
referred to Com.
on APPR.
SB 780 Wiener D Water
Conservation in
Landscaping Act.
5/26/2017-Failed
Deadline
pursuant to Rule
61(a)(5). (Last
location was
APPR. SUSPENSE
FILE on
5/25/2017)(May
be acted upon
Jan 2018)
ACWA Oppose
unless amended
SB 804 Morrell R Public records.5/12/2017-Failed
Deadline
pursuant to Rule
61(a)(3). (Last
location was RLS.
on 2/17/2017)
(May be acted
upon Jan 2018)
ACWA watch
SCA 4 Hertzberg D Water
conservation.
2/16/2017-
Referred to Com.
on RLS.
Total Measures: 168
Total Tracking Forms: 168
Page 20/20
July 26, 2017
The Honorable Robert M. Hertzberg
Chairman, Senate Committee on Natural Resources and Water
State Capitol, Room 5046
Sacramento, CA 95814
Re: East Valley Water District comments on “Making Conservation a Way of Life”
Dear Chairman Hertzberg:
Thank you for the opportunity to submit comments related to the Senate Natural Resources and
Water Committee’s intent to “enact legislation necessary to help make water conservation a
California way of life.”
For your information, EVWD is a California Special District that provides water and wastewater
service to residents within its 27.7 square mile service area. EVWD was formed in 1954 through
an election of local residents to have water service provided by a public water agency. A large
percentage of the customers within the EVWD service area are considered to be a Disadvantaged
Community (DAC). California defines a DAC as “a community with a median household
income less than 80 percent of the statewide average.” It is estimated that 49 percent of the
population served by EVWD currently qualifies as a DAC. EVWD supports the goal of
protecting children from lead exposure.
Overall, EVWD’s board-adopted principles strongly emphasize the importance of local control
when it comes to water management and related matters, so we urge that any final legislative
product related to water use efficiency and conservation provide substantial flexibility to water
districts to optimize water use efficiency in a manner that fits local needs.
That said, we are cognizant of the upcoming sunset of the 20 x 20 x 20 program and the fact that
some form of state requirements to continue on the pathway of additional water use efficiency
are highly likely.
First, we wish to acknowledge some of the thoughtful issues and questions highlighted by
committee staff in the context of the overall discussion (for example, comments and issues posed
in the context of the AB 1667 Senate committee analysis).
In particular, we note the committee’s observations that the approach for urban conservation
targets as reflected in AB 1667 was at odds with an approach such as that developed under the
Sustainable Groundwater Management Act, where local agencies continue to clearly be at the
helm of implementation and with enforcement by the state used only as a last resort under
circumstances of serious underperformance.
Additionally, we note the committee analysis’ comments with respect to “a distinct advantage to
a standards based approach compared to the percent reduction and other approaches in 20 x 20 x
20… Finally, an efficiency standards-based approach eliminates uncertainty or inequity
associated with percent reduction from a bloated or disputed baseline.”
As an agency that has made great strides in encouraging water use efficiency through various
means – including budget-based rates that promote efficient use and enhance affordability for
most low-income users – we believe an approach with a reasonable focus on efficiency could be
inherently more fair and effective than arbitrary percentage reductions that may not properly
account for progress achieved to date and/or regional differences.
With respect to specific comments on the issues surrounding “conservation as a way of life,” we
know you have likely received a wide variety of highly detailed comments, but we would like to
emphasize the following points for your consideration:
• EVWD’s perspective is in line with many of the principles and perspectives as
submitted by the ACWA coalition.
In particular, we strongly agree with ACWA’s third, fourth and fifth principles with
respect to Long-Term Water Efficiency as reflected on page 2 of their coalition letter.
These principles affirm the importance of water rights, creating incentives for recycled
water development and appropriate, progressive enforcement that emphasizes corrective
action, not cease-and-desist orders.
We also wish to register our general agreement with the “Shortage Response Planning”
principles also outlined on page 2.
• There may be a role for state agency development of proposed standards or target-
setting with proper parameters – and with a legislative backstop.
We note that with specified parameters and clear direction, there may be value to state
agencies conducting a thorough, transparent and fair process to develop proposed draft
standards or targets.
Moreover, any commercial, industrial and institutional performance targets must be
determined by a broad stakeholder task force and not state agencies. However, any draft
long-term water use efficiency targets or standards that are developed through such a
process should be subject to legislative review and approval.
• The issues of cost of water/affordability should be considered as targets or standards
are developed.
Water use efficiency and/or conservation standards or targets should not be considered in
a vacuum, without due consideration of the effects of such requirements. For example, as
you well know, strict conservation requirements can create higher per unit costs for
consumers, creating both bad will with customers and higher costs for even efficient
users. While this should not be an absolute hurdle to water use efficiency efforts, it is
something that should be considered in the analysis.
• The issue of water quality should be considered in the development of targets or
standards.
It should be noted that extreme requirements (such as those during a drought emergency)
can trigger potential water quality concerns as low flows through some systems may be
inadequate to maintain proper water quality. As emergency or other targets or standards
are developed, such impacts should be recognized and allowing for such water-intensive
uses as system flushing to maintain quality without penalty should be incorporated.
• Agencies should be able to continue to rely on technology that they have developed
for purposes of water use efficiency and/or conservation requirements.
State-developed data with respect to irrigated areas has been discussed in the context of
future requirements pertaining to water use efficiency. As an agency that has used
sophisticated technology to support its budget-based rates approach, we want to ensure
that locally-developed technology can continue to be used as appropriate.
Again, thank you for the opportunity to comment on this issue area as the Assembly and the
Senate work to further discuss this important matter. We hope that there will be continued
meaningful opportunity for input as this issue moves forward.
If you have any questions about EVWD’s perspective, please do not hesitate to contact Kelly
Malloy at 909-885-4900.
Sincerely,
John Mura
General Manager/CEO
cc: Members, Senate Natural Resources & Water Committee
East Valley Water District Delegation
July 3, 2017
The Honorable Bill Quirk
Chair, Assembly Committee on
Environmental Safety & Toxic Materials
California State Assembly
State Capitol, Room 2163
Sacramento, CA 95814
Re: Senate Bill 623 (Monning): Funding for Safe Drinking Water
Position: OPPOSE UNLESS AMENDED (As Amended June 26, 2017)
Alameda County Water District
American Water Works Association,
California-Nevada Section
Association of California Water Agencies
Bella Vista Water District
Calleguas Municipal Water District
Desert Water Agency
East Valley Water District
Eastern Municipal Water District
Elsinore Valley Municipal Water District
El Dorado Irrigation District
Kern County Water Agency
Las Virgenes Municipal Water District
Mesa Water District
Regional Water Authority
Rowland Water District
San Juan Water District
Southern California Water Committee
Three Valleys Municipal Water District
Western Municipal Water District
Yorba Linda Water District
Dear Chair Quirk:
The above-listed organizations are OPPOSED UNLESS AMENDED to SB 623 (Monning), which
would establish a fund to be administered by the State Water Resources Control Board
(SWRCB) to assist those who do not have safe drinking water. We agree with the intent of
the bill which is to help fund solutions for disadvantaged communities (DACs) that do not
have access to safe drinking water. The lack of safe drinking water in certain DACs in
California is a public health issue and a social issue that needs to be addressed. However, as
currently drafted, SB 623 has fundamental flaws which can be addressed with the below-
suggested amendments.
1) SB 623 would include individual domestic wells and “state small water systems” (with 5
to 14 connections) as eligible funding categories even though data is lacking to support a
credible needs assessment. The state does not require owners of private wells to sample
their wells, and consequently a comprehensive database for these groundwater sources
does not exist. State small systems are typically regulated at the local or county level;
therefore, a comprehensive database for these groundwater sources does not exist. The
bill should explicitly exclude these two categories from funding with the exception that
funding could be made available for replacement water for individual domestic wells or
state small water systems in rural areas of the state for which the local health officer has
The Honorable Bill Quirk
Page 2
certified that data documents that the wells for which funding is being sought in that area
are contaminated with nitrate. The proposed definition of “replacement water” should be
narrowed to make this exception workable. (Bottled water, point-of-use treatment and
point-of-entry treatment are reasonable parts of this proposed definition.)
2) SB 623 would require the SWRCB to require testing for all individual domestic wells and
state small water systems. This proposed requirement should be deleted and replaced
with a requirement for the SWRCB, in consultation with the counties and relevant
stakeholders, to develop a report to the Legislature with recommendations regarding to
what extent and how drinking water data should be collected and evaluated for individual
domestic wells and state small water systems in rural, unincorporated areas. This report
should take into account issues such as what is the role of the counties, what scope is
needed, how owners of individual domestic wells would be informed of the process, and
what challenges exist relative to access to wells on private property.
3) The bill would make capital costs an eligible funding category for long-term drinking
water solutions even though there are other effective funding sources for capital needs.
Both General Obligation (G.O.) bonds and the Safe Drinking Water State Revolving Fund
(SRF) are effective in funding capital costs. For example, Proposition 1 in 2014 authorized
$260 million for safe drinking water projects and $260 million for wastewater projects with
focus on projects in DACs. SB 5 by Senate President pro Tempore Kevin de León proposes
additional G.O. bond funding for safe drinking water projects with focus on projects in
disadvantaged communities. This bill should exclude capital costs as an eligible funding
category and focus on funding operation and maintenance (O&M) costs, which are difficult
to fund through G.O. bonds and cannot be funded with SRF funds.
4) The bill would not limit the funding to disadvantaged communities. The current version
would have the SWRCB make funding available to those without access to safe and
affordable drinking water. We suggest that the funding be limited to DACs in rural,
unincorporated areas that do not have access to safe drinking water, and that the other
affordability criteria proposed in the June 26 version be deleted.
5) The bill should address water that is not safe – water that does not comply with the
federal or state drinking water standards. The June 26 version refers to water that exceeds
drinking water standards. For some of the maximum contaminant levels, one exceedance
does not necessarily equate to noncompliance or unsafe water. (Please see subdivision (i)
of Section 64432 of Title 22 of the California Code of Regulations.) The language in the bill
should, for public water systems, refer to noncompliance with the drinking water standards
instead of exceedances.
6) The bill would authorize the SWRCB to take incidental action as may be appropriate for
adequate administration and operation of the fund. Instead of simply including this rather
vague provision, the bill should be specific as to what this proposed authority is intended to
cover.
The Honorable Bill Quirk
Page 3
The above-listed organizations understand that future amendments to the bill will add
designated funding sources. Senator Monning and some of the proponents of SB 623 have
been discussing a “ratepayer assessment” as a possible funding source. Requiring local
water agencies and cities across the state to impose a new tax or public goods charge on
water for the State of California is highly problematic and is not the appropriate response
to the problem. The organizations listed above all oppose the addition of a ratepayer
assessment. Given that this problem is a social issue, the organizations listed above suggest
that the General Fund be considered as a funding source.
If you have questions regarding the concerns expressed or amendments suggested above,
please contact Cindy Tuck, Deputy Executive Director for Government Relations, Association
of California Water Agencies at (916) 441-4545 or at cindyt@acwa.com.
cc: The Honorable William W. Monning
Honorable Members of the Assembly Environmental Safety & Toxic Materials (AESTM)
Committee
Ms. Kathy Smith, Senior Legislative Consultant, Office of Senator William W. Monning
Mr. Josh Tooker, Chief Consultant, AESTM Committee
Mr. John Kennedy, Consultant, Assembly Republican Caucus
Mr. Rob Egel, Legislative Director, SWRCB
June 13, 2017
The Honorable Senator Robert Hertzberg
Senate Natural Resources and Water Committee
California State Senate
State Capitol, Room 5046
Sacramento, CA 95814
Re: AB 18 (Eduardo Garcia) - California Clean Water, Climate, and Coastal Protection
and Outdoor Access for All Act of 2018 - SUPPORT AND AMEND
Dear Chair Hertzberg:
On behalf of the East Valley Water District (EVWD), we write to express our Support and
Amend position on AB 18, which would enact the California Clean Water, Climate, and Coastal
Protection and Outdoor Access For All Act of 2018. Specifically, AB 18 would provide for the
issuance of $3.105 billion in General Obligation bonds to finance park, climate change
preparedness, coastal protection, and outdoor access related projects. While we are supportive of
the funding that is included for water quality, climate preparedness, and other projects, we
respectfully request that AB 18 be amended to include additional water supply-related funding,
including for recycled water, drought preparedness, and groundwater storage.
For your information, EVWD is a California Special District that provides water and wastewater
service to residents within its 27.7 square mile service area. EVWD was formed in 1954 through
an election of local residents to have water service provided by a public water agency. A large
percentage of the customers within the EVWD service area are considered to be a Disadvantaged
Community (DAC). California defines a DAC as “a community with a median household
income less than 80 percent of the statewide average.” It is estimated that 49 percent of the
population served by EVWD currently qualifies as a DAC.
EVWD supports AB 18 because it would provide funding for climate preparedness and habitat
resiliency projects that include carbon soil sequestration, water quality improvement, water
retention, fire risk reduction, and forest health improvement. Bond-financed projects could
occur in the historically-underinvested headwaters of California's watersheds. The use of
General Obligation bonds would be an appropriate source of funding for these projects.
Similar to the view as previously expressed by the Association of California Water Agencies,
EVWD respectfully requests amendments to AB 18 to include additional water-related funding
similar to the funding proposed in the original version of SB 5 (De Leon) – Chapter 11.
Specifically, we request that that the funding be allocated for some of the water resource
purposes that are funded by Proposition 1, which was passed by California voters in 2014.
For these reasons, EVWD has adopted a "Support and Amend" position on AB 18. If you have
any questions, please do not hesitate to contact Kelly Malloy at (909) 889-9501.
Sincerely,
John Mura
General Manager/CEO
cc: Members, Senate Natural Resources & Water Committee
East Valley Water District Delegation
Association of California Water Agencies
June 13, 2017
The Honorable Assembly Member Garcia
Assembly Water, Parks & Wildlife Committee
California State Assembly
State Capitol, Room 4140
Sacramento, CA 95814
Re: SB 5 (de Leon) - California Clean Water, Climate, and Coastal Protection and
Outdoor Access for All Act of 2018 - SUPPORT AND AMEND
Dear Chair Eduardo Garcia:
On behalf of the East Valley Water District (EVWD), we write to express our Support and
Amend position on SB 5, which would enact the California Clean Water, Climate, and Coastal
Protection and Outdoor Access For All Act of 2018. Specifically, SB 5 would provide for the
issuance of $3.5 billion in General Obligation bonds to finance park, climate change
preparedness, coastal protection, and outdoor access related projects. While we are supportive of
the funding that is included for water quality, climate preparedness, and other projects, we
respectfully request that SB 5 be amended to restore critically needed water supply monies to the
funding levels proposed in the original version of SB 5, Chapter 11.
For your information, EVWD is a California Special District that provides water and wastewater
service to residents within its 27.7 square mile service area. EVWD was formed in 1954 through
an election of local residents to have water service provided by a public water agency. A large
percentage of the customers within the EVWD service area are considered to be a Disadvantaged
Community (DAC). California defines a DAC as “a community with a median household
income less than 80 percent of the statewide average.” It is estimated that 49 percent of the
population served by EVWD currently qualifies as a DAC.
EVWD supports SB 5 because it would provide funding for climate preparedness and habitat
resiliency projects that include carbon soil sequestration, water quality improvement, water
retention, fire risk reduction, and forest health improvement. Bond-financed projects could
occur in the historically-underinvested headwaters of California's watersheds. The use of
General Obligation bonds would be an appropriate source of funding for these projects.
However, as amended on May 10, 2017, Chapter 11 – which would authorize additional funding
for certain Proposition 1 categories – was decreased by $500 million, with 3 of the 4 sections
reduced from $250m to $165, i.e. groundwater storage, recycled water, drought preparedness,
with the fourth section cut entirely for integrated regional water management. Again, EVWD
respectfully requests amendments to SB 5 to restore water-related funding at least to the level of
funding proposed in the original version of the bill.
For these reasons, EVWD has adopted a "Support and Amend" position on SB 5. If you have any
questions, please do not hesitate to contact Kelly Malloy at (909) 889-9501.
Sincerely,
John Mura
General Manager/CEO
cc: Members, Assembly Water, Parks & Wildlife Committee
East Valley Water District Delegation
Association of California Water Agencies
April 10, 2017
The Honorable Bill Quirk
Chair, Assembly Environmental Safety and Toxic Materials Committee
State Capitol, Room 2163
Sacramento, CA 95814
Re: AB 1490 (Gray): State Water Resources Control Board: School Drinking
Water - Oppose Unless Amended
Dear Assembly Member Quirk:
On behalf of the East Valley Water District (EVWD), we write to express our “oppose unless
amended” position on AB 1490 by Assembly Member Gray. This bill would require the State
Water Resources Control Board, before adopting, approving, or implementing a water quality
control plan or water quality objectives, to evaluate impacts on primary drinking water standards
and secondary drinking water standards for impacted local education agencies, also known as
school districts, located in a disadvantaged community.
For your information, EVWD is a California Special District that provides water and wastewater
service to residents within its 27.7 square mile service area. EVWD was formed in 1954 through
an election of local residents to have water service provided by a public water agency. A large
percentage of the customers within the EVWD service area are considered to be a Disadvantaged
Community (DAC). California defines a DAC as “a community with a median household
income less than 80 percent of the statewide average.” It is estimated that 49 percent of the
population served by EVWD currently qualifies as a DAC.
I. Secondary Drinking Water Standards
The California Safe Drinking Water Act (SDWA) defines “secondary drinking water standards”
as standards that may apply to any contaminant in drinking water that may adversely affect the
taste, odor, or appearance of the water. Because these standards pertain to the aesthetic qualities
of drinking water and are not essential for the protection of consumer health, EVWD respectfully
requests that AB 1490 be amended to strike references to secondary drinking water standards.
II. DAC Definition
Existing state law has different definitions of a “disadvantaged community.” AB 1490
uses the DAC definition that is used for the California Communities Environmental Health
Screening Tool (CalEnviroScreen). Along with the Association of California Water Agencies,
EVWD has concerns regarding the drinking water chapter in CalEnviroScreen. As such, we
respectfully recommend that AB 1490 instead define a DAC according to SDWA, as provided in
Health and Safety Code section 116275.
For these reasons, EVWD opposes AB 1490 unless amended to address the outlined concerns,
and we respectfully request your “NO” vote, unless amended as described, when the bill is heard
in the Assembly Environmental Safety and Toxic Materials Committee. Please contact me with
any questions or comments.
Sincerely,
John Mura
General Manager/CEO
cc: Assemblymember Adam Gray
Assembly Environmental Safety and Toxic Materials Committee
East Valley Water District Delegation
April 17, 2017
The Honorable Bill Quirk
Chair, Assembly Environmental Safety and Toxic Materials Committee
State Capitol, Room 2163
Sacramento, CA 95814
Re: AB 1490 (Gray): State Water Resources Control Board: School Drinking
Water – Removal of Opposition
Dear Assembly Member Quirk:
On behalf of East Valley Water District, I am writing to inform you that – based on the
amendments made to AB 1490 as of April 17, 2017 – we are removing our opposition to AB
1490. We thank the author for paring the bill back to its amended form and for responding to our
stated concerns.
If you have any questions about our updated position, please do not hesitate to contact Kelly
Malloy at (909) 889-9501.
Sincerely,
John Mura
General Manager/CEO
April 12, 2017
Assembly Member Quirk, Chair
Assembly Environmental Safety & Toxic Materials Committee
1020 N Street, Room 171
Sacramento, California 95814
Re: AB 885 (Rubio): Drinking Water Testing for Lead in Public Schools
Dear Assembly Member Quirk:
On behalf of the East Valley Water District (EVWD), we regrettably write in opposition to AB
885 by Assembly Member Rubio, which requires a school to purchase and install specified water
filters, to develop and adopt a plan of action to prevent elevated lead levels, and requires a
community water system to test schools annually for presence of lead. In alignment with the
position expressed by the Association of California Water Agencies, while EVWD agrees with
the intent of AB 885 - to protect children from exposure to lead in drinking water – the bill, as
currently drafted, is flawed.
For your information, EVWD is a California Special District that provides water and wastewater
service to residents within its 27.7 square mile service area. EVWD was formed in 1954 through
an election of local residents to have water service provided by a public water agency. A large
percentage of the customers within the EVWD service area are considered to be a Disadvantaged
Community (DAC). California defines a DAC as “a community with a median household
income less than 80 percent of the statewide average.” It is estimated that 49 percent of the
population served by EVWD currently qualifies as a DAC. EVWD supports the goal of
protecting children from lead exposure.
AB 885 would task the Legislature with setting an action level for lead in drinking water when
such an action level has already been set and implemented by the agencies with the necessary
technical expertise. The U.S. Environmental Protection Agency (USEPA) has already set and the
SWRCB already implements an action level of 15 parts per billion. While EVWD believes that
drinking water standards and action levels must be health protective, setting standards and action
levels more stringent than what is needed would add cost unnecessarily to the schools.
Furthermore, AB 885 ignores that the State agency in charge of regulating drinking water for
public health protection, the State Water Resources Control Board (SWRCB), together with the
Department of Education, just launched a new program for sampling and testing for lead in
drinking water in schools in December of last year. EVWD believes we should give time for the
program to work.
Additionally, AB 885 is overly broad and it would require sampling and testing of every water
outlet in every public elementary and secondary school, preschool, and daycare facility
within the jurisdiction of a community water system, even for newer schools where pipe and
plumbing standards have been implemented to prevent exposure to lead.
Lastly, AB 885 would set an impossible standard for schools in that it would have them develop
plans of action that include how the school will replace “lead-bearing parts.” It would be
technically infeasible to ban all lead-bearing parts in drinking systems. No test method exists to
confirm when a part contains no lead. Further, replacement of fixtures or plumbing should be
required only in response to a demonstrated water quality problem.
For these reasons, EVWD respectfully opposes AB 885 and asks for a “no” vote when it comes
before you in the Assembly Environmental Safety and Toxic Materials Committee. Please
contact me with any questions or comments.
Sincerely,
John Mura
General Manager/CEO
cc: Assembly Member Blanca Rubio
Assembly Environmental Safety & Toxic Materials Committee
East Valley Water District Delegation
June 13, 2017
The Honorable Bob Wieckowski
Chair, Senate Environmental Quality Committee
State Capitol, Room 4085
Sacramento, CA 95814
Re: AB 247 (Cristina Garcia): Lead Advisory Task Force Position: Support if Amended
Dear Chair Wieckowski:
On behalf of the East Valley Water District (EVWD), I am writing to express our Support if
Amended position on AB 247 (Cristina Garcia). AB 247 would require the Office of Environmental
Health Hazard Assessment to convene a Lead Advisory Task Force (the Ta sk Force) by April 1,
2018. This is a constructive proposal.
For your information, EVWD is a California Special District that provides water and wastewater
service to residents within its 27.7 square mile service area. EVWD was formed in 1954 through
an election of local residents to have water service provided by a public water agency. A large
percentage of the customers within the EVWD service area are considered to be a Disadvantaged
Community (DAC). California defines a DAC as “a community with a median household
income less than 80 percent of the statewide average.” It is estimated that 49 percent of the
population served by EVWD currently qualifies as a DAC. EVWD supports the goal of
protecting children from lead exposure.
EVWD has two concerns about the proposed composition of the Task Force in AB 247. First, this
bill would require the Task Force to evaluate California’s Drinking Water Program. However, the
Task Force, as currently proposed, would not include a represent ative of a public water system.
Public water systems are the entities that purvey drinking water and are required to comply with
federal and state drinking water requirements. A public water system representative would bring
technical expertise to the table for the Task Force’s review of the Drinking Water Program. Second,
the bill does not include a representative of the California Department of Public Health (DPH), which
is the department that tracks epidemiological information related to public health for the state. Such
information is important part of public health protection.
To address these concerns, EVWD, in coordination with the Association of California Water
Agencies, respectfully requests the following amendments regarding the composition of the Task
Force:
1) Add a representative from a public water system; and
2) Add a representative from DPH who is expert on the State’s epidemiological work.
For these reasons, East Valley Water District supports AB 247, if amended. If you have any
questions, please do not hesitate to contact Kelly Malloy at (909) 889-9501.
Sincerely,
John Mura
General Manager/CEO
cc: Honorable Members of the Senate Environmental Quality Committee
East Valley Water District Delegation
B OAR D AG E N D A S TAF F R E P O RT
Agenda Item #7.
Meeting Date: S eptember 13, 2017
Dis c ussion Item
To: G overning Board Memb ers
From: G eneral Manager/C E O
S ubject: Ad optio n of the updated F acility Use F ees fo r the Head q uarters F ac ility Us e P olicy
R E C O MM E N D AT IO N:
S taff rec ommends the ad o p tion o f the up d ates F ac ility Us e F ees and upd ated P olic y.
B AC KG R O UN D / AN ALYS IS :
East Valley Water District is c o mmitted to being a c o mmunity p artner. C ons is tent with this effo rt, the
head q uarters camp us was d esigned in a manner that allo ws for b o th go vernment agenc ies and community
members to us e the fac ility fo r no n-Eas t Valley Water Dis tric t events. In o rder to o ffer this c o mmunity res o urc e
in a fair and c o ns is tent manner, the G overning Bo ard approved the F acility Us e P olic y o n May 28, 2014 and
revis ed on January 13, 2016.
S ince implementing this policy, the Dis tric t has ho s ted over 40 s p ecial events and fac ilitated 109 no n-Eas t Valley
Water Dis tric t events. T hes e o c casions have rec eived high levels of prais e fro m the c o mmunity, and res ulted in
numerous additional reques ts fo r events as a result of word-of-mo uth recommendations . Dis tric t s taff has
already made res ervatio ns fo r 20 events for the remainder o f 2017, 6 events in 2018, and continues to receive
interest fo r events o n a regular b as is .
T his lo cation offers a flexible and afford ab le option where gues ts may utilize the Bo ard R o o m, lobby, kitchen,
p arking lo t, and/o r o utd o o r s p ac e for both pub lic and p rivate events . In o rd er to p rovid e exc ellent cus to mer
s ervice, at leas t one Dis trict rep resentative is available o n-site, d ep ending o n the anticipated event attendanc e o r
event c o mplexity.
S ince the original polic y ad o ptio n, staff has been trac king event c o s ts in o rder to d evelop an upd ated fee
s c hedule, to inc lud e items such as: s taff time, materials, and utility expenses. T his ensures that the p ro gram
remains s elf-s us taining while offering an affordable amenity.
S taff will continue monito ring this pro gram and providing up d ates to the G o verning Bo ard .
AGE N C Y ID E ALS AN D E N DE AVO R S:
Id eals and Endeavor I I - Maintain An Enviro nment C ommitted To Elevated P ub lic S ervice
(A) - S trive to provid e world c las s c us tomer relations
R ec o mmend ed b y:
John Mura
G eneral Manager/C EO
R es p ec tfully s ub mitted :
Kelly Mallo y
P ublic Affairs /C ons ervation Manager
Id eals and Endeavor I I I - Demons trate Vis io nary Lead ers hip To Enhance Dis trict Id entity
(A) - P romote community invo lvement and ed uc atio nal o pportunities
R E VIE W B Y O T HE R S :
T his item has been reviewed b y the C o mmunity Advis o ry C o mmiss ion and the Legislative and P ub lic O utreach
C ommittee.
F IS C AL IMPAC T :
T he fis c al impact to the Dis tric t will vary based on the number of o utside events ho sted at the fac ility. T he fee
s c hedule has been es tab lis hed in a manner that private events are res p o ns ib le fo r the es timated cos ts o f their
event.
ATTAC H M E NTS:
Description Type
Draft Facility Use P o licy Backup Material
EAST VALLEY WATER DISTRICT
Administrative Policies & Programs
Policy Title: Facility Use Policy
Approval Date:
January 13, 2016TBD
Policy No: Page 1 of 8
Purpose
The purpose of this policy is to provide guidelines for the use of East Valley Water District facilities
by both staff and outside organizations. It is intended to ensure that the use of the facility is granted
in a fair and equitable manner for meetings, activities, and events, which are recreational, social,
and/or civic in nature, offering services of interest and need to the community. Fees charged for the
use of the facility are intended to reflect operation costs of each event.
Policy
The East Valley Water District (District) Headquarters campus (facility) has a 2,740 square-foot Board
Room owned and operated by the District at 31111 Greenspot Road. The facility consists of the Board
Room, which could also serve as a meeting space, reception hall, etc., outdoor meeting space,
parking lot, and kitchen amenities. These areas are available in accordance with the terms of this
Facility Use Policy, which is administered by the Public Affairs Division of East Valley Water District.
Board Room-theater capacity: 150
Board Room-dining capacity: 1200
Policy Approvals
Original policy adoption: May 28, 2014
Revised policy adoption: January 13, 2016
Revised policy adoption: TBD
This policy shall be reviewed by the Board of Directors at least every two years, and may be revisited
sooner should the need arise.
Application Procedures
A. An individual or representative of a group (Applicant) may inquire about the availability of a
specific room, date and time as well as rental rates by telephone or in-person at the facility during
regular business hours. An available date cannot be held for possible use by making an inquiry.
EAST VALLEY WATER DISTRICT
Administrative Policies & Programs
Policy Title: Facility Use Policy
Approval Date:
January 13, 2016TBD
Policy No: Page 2 of 8
B. An individual or representative of a group can hold a date for possible use by making an
appointment with staff to submit a written application, to sign the contract, and to pay the
required deposit for a specific room, date and time.
C. All applicants must complete an East Valley Water District Facility Use Application (Application)
and pay all applicable fees at the time of submitting the application. at least fourteen (14)
working days prior to the event.
D. The applicant shall be classified and assigned a Group in accordance with the definition and
priority rankings set forth in the section titled Group Priority Rating.
E. Hours of operation are limited to staffing and scheduling availability at the District’s discretion.
Sunday through Thursday 8:00 am – 11:00 pm and Friday and Saturday 8:00 am – 12:00 am
(midnight). A one (1) hour clean-up may be requested at the end of each event for no additional
charge. Requests for alternate hours require written approval from the General Manager/CEO,
or designee, and may be subject to additional fees. Time needed for set up of the event is to be
reflected with the rental hours.
F. Observed Holidays- Thanksgiving, Christmas Eve, Christmas Day, andNew Year’s Eve, New Year’s
Day, Memorial Day, Labor Day, and Independence Day. No use shall be scheduled on observed
holidays without written District approval.
G. Upon approval of an application, the applicant may not transfer, assign, or sublet use of the
Facility or apply for use on behalf of another person or organization.
H. Applications shall be accompanied by proof of liability insurance consistent with the provisions
of this Use Policy, a refundable cleaning deposit, and fees per the attached fee schedule.
I. The District reserves the right to suspend use of a facility to those groups or individuals not
complying with established rules and regulations. If event is found to be out of compliance, the
applicant forfeits the deposit(s).
J. The District reserves the right to cancel a permit issued for any event or activity. In the event of
such a cancellation, notice shall be given as far in advance as possible and a full refund will be
made. Please note that this facility has been designated as an emergency facility, which could
result in event cancellation should an emergency occur.
K. The applicant must check-in with the District’s on-site staff at the beginning time of the
reservation and must be present for the duration of the event. Applicant must also checkout with
on-site staff at the conclusion of the reservation and clean-up. Applicant must serve as or
designate a point of contact for District staff during the event.
L. Neither the District nor their agents, officials, employees, and/or volunteers will be held
responsible for loss, damages or theft of equipment or articles owned by the applicant and/or
guests.
EAST VALLEY WATER DISTRICT
Administrative Policies & Programs
Policy Title: Facility Use Policy
Approval Date:
January 13, 2016TBD
Policy No: Page 3 of 8
Group Priority Rating
A. An individual or group seeking permission to utilize the Facilities will be classified in one of the
following priority groups. These classifications are used to establish 1) priority of use, 2)
applicability of a fee, and 3) amount of the fee, if any. The priority groups are as follows:
a. Group A- Activities conducted and or sponsored by East Valley Water District
b. Group B- Activities conducted by governmental agencies
c. Group C- Non-profit service organizations or organizations sponsoring a public forum or
candidate’s night, District residents, and District employees.
d. Group D- Private events, i.e.: wedding, anniversary, birthday, work parties, and faith-
based organizations, and Non-District residents..
B. Priority for use of the facility will be in alphabetical sequence, with Group A applicants receiving
highest priority and Group DC applicants the lowest priority. District customers that fall under
Group C must provide proof of residency.
Liability and Insurance
A. All users of the facility shall procure and maintain, at their own expense and for the duration of
the event covered, comprehensive general liability and property damage liability insurance,
against all claims for injuries against persons or damages to property which may arise from or in
connection with the use of the facility by the user, its agents, representatives or employees in
the amount of one million dollars ($1,000,000) combined single limit and hold East Valley Water
District harmless for any damage or injury.
B. East Valley Water District must be named as “additional insured”.
C. If alcohol is to be served, insurance coverage shall include coverage for serving alcoholic
beverages.
C.D. Liability and Insurance is due to District staff thirty days prior to the event rental date.
General Operating Regulations
A. Tobacco use of any kind or smoking is not permitted in the Facility.
B. Incense, fog, hazer or smoke use is not permitted in the Facility at any time. Fire and open flame
are strictly prohibited. Sterno heaters for food warming are allowed without a permit so long as
heaters are placed under a chafing dish on a table with no guests seated at the table.
C. Animals are not permitted inside the Facility except those designated as service animals.
D. Any user group desiring to charge an admission fee and/or donation or sell any items must submit
a written request with the Facility Use Application and receive written authorization from the
District. Additional insurance may be required.
E. Illegal activities shall not be permitted. All groups and individuals using the Facility shall comply
with City, County, State, and Federal laws. Fighting, gambling, and lewd conduct are prohibited.
EAST VALLEY WATER DISTRICT
Administrative Policies & Programs
Policy Title: Facility Use Policy
Approval Date:
January 13, 2016TBD
Policy No: Page 4 of 8
F. Amplified music and/or sound systems, including public address systems, DJ’s, karaoke, bands,
will not be permitted without prior written approval.
G. Advertising materials may be left with the District for approval and may be displayed when
deemed appropriate and as space permits. Any items posted which have not been approved will
be removed and discarded.
H. No signs or decorations are to be taped, nailed or otherwise attached to walls, windows, ceilings,
or window coverings. No rice, birdseed, confetti, or similar items shall be thrown in or around
the facility. Balloons must be secured and not released. No hay bails.
I. Clean-up is the user’s responsibility. This includes the wiping of table tops and chairs, ensuring
chairs are clean, picking up trash from the areas used during the event and disposing of trash into
proper receptacles, and removal of all user-owned or leased (non-District owned) items. Storage
is not provided at the Facility.
J. Food and beverage must remain in designated areas.
K. Kitchen facilities, if applicable, are available for rent. Use of ovens, refrigerators, etc. may be used
only with specific advance approval and with the appropriate fee and deposits. Renters must
provide all kitchen utensils.
L. The District shall have the right to control and operate the Facility, including heating and air
conditioning systems and common use areas, in a manner deemed best by the District.
M.L. The District shall not rent, lease, or allow use of its public facilities by any person or
organization that illegally discriminates on the basis of race, religion, sex (including gender,
gender identity, gender expression and pregnancy), national origin, ancestry, disability, medical
condition, genetic characteristics or information, marital status, age, sexual orientation (including
homosexuality, bisexuality, or heterosexuality), or any other protected classification as protected
by law.
N.M. Special events or requests not covered in this Use Policy must be submitted in writing and
shall be reviewed by the Administration Public Affairs Department to determine appropriate use,
fees, and services.
O.N. In the event of damage, destruction or defacement, the applicant shall be liable for all
expenses required to repair, restore, or replace the facility’s, its furnishing, or equipment to its
original condition. Any costs associated with this will be deducted from the deposit(s). If the cost
of damage is greater than the deposit, we will defer to the insurance policy for coverage.
Alcoholic Beverage Use and Service
A. The use of alcohol in the Facility is exclusively by written permission in advance and must comply
with applicable law and provisions of this Use Policy. Failure to comply with any regulations will
EAST VALLEY WATER DISTRICT
Administrative Policies & Programs
Policy Title: Facility Use Policy
Approval Date:
January 13, 2016TBD
Policy No: Page 5 of 8
result in immediate revocation of the permission to use alcohol and termination of the event.
Additional regulations and specifications may be required in the facility use permit for any event.
a. “Alcohol use” refers to any beverage that contains any amount of alcohol.
b. Security is required to be present at all events at which alcohol is served. Cost of the
security is the responsibility of the user and payable to East Valley Water District. For an
event that is up to 150 guests, one guard is required. For an event that hasEvents with
over 150+ guests, two guards will be required per the contract with the vendor. Events
may be required to have additional security, as determined by the District.
c. Alcohol shall not be served to minors. The user’s failure to comply, monitor and enforce
this provision is grounds for terminating the activity immediately and forfeiture of the
refundable deposits and all of the room fees.
d. Permission to serve alcohol shall not be granted for any event where a majority (50% plus
one) of guests in attendance will be under the age of 21.
e. Alcohol may not be served or consumed in the parking lot.
B. The service of alcohol at any event is limited to a maximum of five (5) consecutive hours. Serving
of any alcoholic beverage must end one (1) hour before the close of the event.
C. All alcohol must be distributed by a server from behind a table or bar, which must be monitored
by the server at all times. The server(s) must be an adult, over the age of 21 who is to be
responsible for ensuring that no minors are served and that no guests are over-served. The server
may not consume alcohol while on duty.
a. The server will be provided by the District. The cost of the server is the responsibility of
the user and payable to East Valley Water District.
b. Additional requirements may be needed for no-host bar events.
B.D. License Requirements (when alcohol is to be sold)
a. No sales or requests for donations for alcohol are permitted without a license from the
State Alcoholic Beverage Control Board (ABC).
i. State Alcoholic Beverage Control Board is located at 3737 Main Street, Suite 900,
Riverside, California 92501. Their telephone number is (909) 782-4400.
b. A copy of your contract must be furnished to ABC when applying for this license.
c. A copy of the ABC license must be furnished to the District a minimum of seven (7)
working days prior to the event and posted in plain view near the bar or where alcohol is
being served.
d. A one-day alcoholic beverage permit can only be issued to a non-profit organization and
only if the proceeds are going back to the non-profit organization.
e. Private parties shall not sell alcohol on their own, but must arrange this through a licensed
caterer. The caterer must have a License (Type 47 or 48), which enables the caterer to sell
EAST VALLEY WATER DISTRICT
Administrative Policies & Programs
Policy Title: Facility Use Policy
Approval Date:
January 13, 2016TBD
Policy No: Page 6 of 8
beer, wine and distilled spirits (hard liquor). If the caterer does not have this license the
private party cannot sell alcohol, NO EXCEPTIONS. It is illegal for a private party to sell
alcohol on their own.
e.E. Injuries or damage caused to any person or property as a result of alcoholic beverages being
served and/or consumed on District properties shall be the sole responsibility of the organization,
its sponsor or the adult representative, who, as a condition of signing the use permit for the
facility agree to indemnify the District for any such injury or damage.
C.A. The service of alcohol at any event is limited to a maximum of five (5) consecutive hours.
Serving of any alcoholic beverage must end one (1) hour before the close of the event.
D.A. All alcohol must be distributed by a server from behind a table or bar, which must be
monitored by the server at all times. The server(s) must be an adult, over the age of 21 who is to
be responsible for ensuring that no minors are served and that no guests are over-served. The
server may not consume alcohol while on duty.
Equipment Use
A. The District has a variety of equipment that can be requested for use at the Facility on a first
come, first served basis.
B. Tables and chairs will be included as part of the paid facility rental with the exception of the
outside and lobby areas. Other amenities and equipment potentially available include: podium,
overhead projector, projector screen, easel stand, microphone, coffee pot.
C. Kitchen amenities include: oven; refrigerator with freezer; dishwasher; counter space;
microwave; and sink.
Fees & Deposits
A. To hold a date, a minimum deposit of 50% of the total fee must be made at the time of the
reservation. The remaining balance due must be paid 30 days prior to the reservation date. All
fees are payable to East Valley Water District.
B. Activities, other than meetings where no food is served, require a $100 security/cleaning deposit
that must be paid at the time of reservation.
C. A security guard (s) are required for events that are serving alcohol. The pass through fees are
based on a vendor contract and are subject to change.
B.D. A server is required for events that are serving a host bar and will be provided by the
District. The pass through fees are based on a vendor contract and are subject to change.
C.E. If the request for facilities is not approved, all initial deposit(s) will be returned within
three (3) weeks of the denial.
EAST VALLEY WATER DISTRICT
Administrative Policies & Programs
Policy Title: Facility Use Policy
Approval Date:
January 13, 2016TBD
Policy No: Page 7 of 8
F. All facility use cancellations must be made by the Applicant at least five (5) working days in
advance of the scheduled event. Failure to do so may result in a 10% loss of the fees paid to
reserve the facility or $100, whichever is greater.
G. The user shall be required to pay the full cost of breakage or damage (over and above the
deposited funds), regardless of the amount. If damage occurs and it is less than the deposit, the
difference shall be refunded.
D.H. Deposit refunds will be processed withing three (3) to six (6) weeks after event and will
be sent in the form of a check to the applicant.
Linens, cutlery, and decorations are not included with the room rental fee.
Variance
Fee Schedule
Group A Group B Group C Group D
Facility Use (Flat fee) No Charge
(NC)
$145375/event $145375/event $145400/event
Facility Use Rental (Hourly
fee) NC NC $4590120/hour $75110/hour
Security Deposit NC $100 $100 $100
Kitchen Use NC $40/event $40/event $40/event
Alcohol Deposit** NC $500 $500 $500
Security Guard† NC $18.50/hour $18.50/hour $18.50/hour
*Groups C and D pay an hourly facility use fee in addition to the facility use flat fee
**A security guard(s) and server is required for events that are serving host alcohol †Pass through fee based on
vendor contract
Additional Amenities
Alcohol Fee† Up to 150 guests NC $267.50/event $267.50/event $267.50/event
Alcohol Fee† 150+ guests NC $360/event $360/event $360/event
Microphone/Projector
Deposit
NC NC $50 $50
Flags NC NC NC NC
Podium NC NC NC NC
Tables and Chairs Set-up NC NC $100 $100
Heaters NC NC $3025/each $3025/each
EAST VALLEY WATER DISTRICT
Administrative Policies & Programs
Policy Title: Facility Use Policy
Approval Date:
January 13, 2016TBD
Policy No: Page 8 of 8
A. An applicant may request a variance from one or more of the rules set forth in this policy in
writing at the time of the Facility Use Application. The request must set forth the unusual
circumstances that justify a deviation from the ordinary rules.
B. In the event a variance is granted, the applicant will pay any supplemental fee necessary to
compensate the District for additional costs associated with the variance. Denial of a variance
may be appealed within ten days to the General Manager/CEO. The General Manager/CEO’s
decision will be final.
R ec o mmend ed b y:
John Mura
G eneral Manager/C EO
B OAR D AG E N D A S TAF F R E P O RT
Agenda Item #8.
Meeting Date: S eptember 13, 2017
Dis c ussion Item
To: G overning Board Memb ers
From: G eneral Manager/C E O
S ubject: Board Meeting C anc ellatio ns
R E C O MM E N D AT IO N:
S taff rec ommends the fo llo wing Bo ard meeting c hanges :
1. C anc el the regular board meeting s c heduled fo r No vember 22, 2017
2. C anc el the regular board meeting s c heduled fo r December 27, 2017
B AC KG R O UN D / AN ALYS IS :
East Valley Water Dis tric t’s regular board meetings o cc ur o n the 2nd and 4th Wednesdays of eac h mo nth. T he
s ec o nd Wed nes d ay in November falls o n the d ay before T hanks giving and the s econd Wednesday in Decemb er
falls during the d is tric t o ffice closure. S taff is recommending the Board o f Directo rs appro ve the c anc ellatio n o f
the No vemb er 22nd, and the Decemb er 27th regular board meetings.
T hese c anc ellatio ns will no t impac t District o p eratio ns and routine items are b eing s cheduled acc o rd ingly.
AGE N C Y ID E ALS AN D E N DE AVO R S:
Id eals and Endeavor I I - Maintain An Enviro nment C ommitted To Elevated P ub lic S ervice
(E) - P ractice transparent and acc o untab le fis cal management
F IS C AL IMPAC T :
T here is no fis c al impact ass ociated with this agenda item.