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HomeMy WebLinkAboutAgenda Packet - November 23, 2009 - UBAGENDA REGULAR MEETING OF AZUSA UTILITY BOARD AZUSA LIGHT & WATER 729 N. AZUSA AVENUE AZUSA, CA 91702 AZUSA UTILITY BOARD URIEL E. MACIAS CHAIRPERSON ROBERT GONZALES VICE CHAIRPERSON KEITH HANKS BOARD MEMBER 6:30 P.M. Convene to Regular Meeting of the Azusa Utility Board • Call to Order • Pledge to the Flag • Roll Call A. PUBLIC PARTICIPATION NOVEMBER 23, 2009 6:30 P.M. JOSEPH R. ROCHA BOARD MEMBER ANGEL CARRILLO BOARD MEMBER (Person/Group shall be allowed to speak without interruption up to five (5) minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes time.) 001 B. UTILITIES DIRECTOR COMMENTS C. UTILITY BOARD MEMBER COMMENTS D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended action will be enacted with one vote. If Staff or Councilmembers wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. Minutes. Recommendation: Approve minutes of regular meeting on October 26, 2009 as written. Oct Mins. pdf 2. SCADA System Blanket Purchase Order. Recommendation: Approve a blanket purchase order to be issued to Superior Operating Solutions (SOS) for ongoing computer service for SCADA systems in amount of $32,000 and cancel current blanket purchase order of Integrity Engineering, Incorporated. SOS BPO. pdf SOS Ur. pdf SOS Schedule. pdf E. SCHEDULEDITEMS Proposed Regulation of Coal Fly Ash as Hazardous Waste. Recommendation: Adopt an "Oppose" position to U.S. Environmental Protection Agency's effort to classify coal fly ash as "hazardous waste" as part of its rulemaking and authorize staff to advocate such position. T ACAA. Pdf CCP -Report. pdf Iti t USWAGNon-HazReg Ard:le-CGMAsh. pdf .Pdf 002 EPA Ruk:neking.pdf APPA-Sa;;iLetter, Wh@ePaper-CCP.pdf Artk:k:-CoalConbust- pdf WtrQlty.pdf T ACAA. Pdf CCP -Report. pdf Iti t USWAGNon-HazReg Ard:le-CGMAsh. pdf .Pdf 002 2. Purchase and Distribution of Refrigerator Magnets for Water Drought Requirements. Recommendation: (1) Consider purchase and distribution of refrigerator magnets to inform residents about what days customers may water their yards given drought phase that is in effect; and (2) direct staff on whether to proceed with purchase and distribution. 3. The Hoover Power Allocation Act. Recommendation: Approve a "Support' position on The Hoover Power Allocation Act and authorize the Mayor and staff to advocate for passage of the bill by the U.S. Congress. Hoover.pdf Hoover Briefing. pdf Draft Legislation. pdf F. STAFF REPORTS/COMMUNICATIONS Basin Water Supply Update (Verbal) 2. 2009 Water Rate Adjustment and Consumption Update T Drought Magnet Sarnple.pdf Magnets.pdf WaterReview.pdf 3. The Hoover Power Allocation Act. Recommendation: Approve a "Support' position on The Hoover Power Allocation Act and authorize the Mayor and staff to advocate for passage of the bill by the U.S. Congress. Hoover.pdf Hoover Briefing. pdf Draft Legislation. pdf F. STAFF REPORTS/COMMUNICATIONS Basin Water Supply Update (Verbal) 2. 2009 Water Rate Adjustment and Consumption Update Comprehensive State Water Legislation Update T l - Water Water Rate WaterReview.pdf Review. pdf Bd. pdf Comprehensive State Water Legislation Update AB 920. Pdf Daylight Savings Time Change T l - Water Ex -1. Meno_PCWA Ex -2. 2009 Cony Legislation. pdf Bd. pdf Wtr Pkg. pdf 4. Overview of the Net -Surplus Electricity Requirements of AB 920 AB 920. Pdf Daylight Savings Time Change "07 Daylight Savings CEC DST. pdf Article DST. pdf Time. pdf "07 6. Electronic Receipts for Automatic Clearing House (ACH) Payments WM Conflrnetbris. pdf December Utility Board Meeting Schedule 12/28/09 Holiday (Verbal) G. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: Water rights in the Main San Gabriel Basin Agency negotiator: George F. Morrow Negotiating party: Monrovia Nursery Under negotiation: Price and terms of payment H. ADJOURNMENT Adjournment. `In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting, please contact the City Clerk at 626-812-5229. Notification three (3) working days prior to the meeting or time when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting." "In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of the public at the following locations: Azusa City Clerk's Office - 213 E. Foothill Boulevard, Azusa City Library - 729 N. Dalton Avenue, and Azusa Light & Water -729 N. Azusa Avenue, Azusa CA. " 1)(14 CITY OF AZUSA MINUTES OF THE REGULAR MEETING OF THE AZUSA UTILITY BOARD MONDAY, OCTOBER 26, 2009 — 6:30 P.M. The Utility Board of the City of Azusa met in regular session, at the above date and time, at the Azusa Light and Water Conference Room, located at 729 N. Azusa Avenue, Azusa, California. Chairman Macias called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: BOARD MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: BOARD MEMBERS: NONE ALSO PRESENT: Also Present City Attorney Ferre, City Manager Delach, Assistant City Manager Makshanoff, Director of Utilities Morrow, Assistant to Utilities Director Kalscheuer, Administrative Services Director -Chief Financial Officer Kreimeier, Assistant Director of Water Operations Anderson, Business Development/Public Benefits Coordinator Reid, Distribution Supervisor Kjar, Azusa Police Captain Momot, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr. Charles Alvarez, resident, city employee and member of the IBEW, addressed the Board Members stating C.Alvarez that he disapproves of the last proposal the City offered and is disappointed; he talked about the reliable public Comments service provided by city employees. Ms. Nancy Romero Business Representative and Chief Negotiator of the IBEW Local 18, addressed the Board N. Romero Members stating that the group has rejected the latest proposal and requested that the Board hold a Closed Comments Session to reconsider the new proposal; she passed out a document to the Board Members. Mr. Ed Beterbide, city employee and member of the IBEW, addressed the Board Members providing a brief E.Beterbide history of his employment with the city as well as of involvement in Meet and Confer/Negotiation sessions Comments between bargaining units and administration, expressing his frustration/disappointment with the progress of the current negotiations. He talked about the health of the organization and the possibility of coming to a win-win situation with regard to negotiations: Chairman Macias advised that he would take the concerns into consideration as soon as possible and/or would Macias be agendized for the next City Council meeting. Comment 005 UTILITIES DIRECTOR COMMENTS V Dir Comments Director of Utilities Morrow addressed the Board Members providing an update on items raised at the last Morrow meeting stating that the after hour phone system had a problem and is now working properly. There have been Comments changes to address the customer who had a 35 cent bill; no late notice for any amount under $5.00 will be sent. Reminders would be friendlier than before, and envelopes have been taken out of the bill statement of customers with automatic checking account bill payment. He responded to question regarding auto withdrawals stating that he would report at the next meeting whether these customers receive an e-mail confirmation. Discussion was held regarding the Drought Update— Water Conservation Continues notice, and it was suggested that the notices include information on Phases II and III and that it be printed on a magnetized document. UTILITY BOARD MEMBER COMMENTS Brd Mbr Cmts Board Member Rocha addressed the Board Members regarding the pluses and minuses of going into Daylight Rocha Savings Time. He stated that another state, Arizona, it does not adhere to the schedule and asked if the city Comments can lobby for not going into Daylight Saving Time to save energy. Discussion was held. Director of Utilities Morrow responded stating that he would bring back information on the subject. Mr. Rocha also advised that with regard to the Spanish version of the Drought Notice, the months are not supposed to be capitalized. Board Member Hanks advised that he went to Louisiana Tech University and he presented a cylinder made of Hanks fly ash, sand, gravel, sodium hydroxide, and sodium silicate, which he passed around for inspection and talked Comments about the process of its creation and about the prior sale of fly ash into the cement market and hopes it can someday offset Portland cement. Chairman Macias thanked staff for modifying the agenda and scheduling the Directors and Board Members Macias comments at the beginning of the meeting. Comments The CONSENT CALENDAR consisting of Items D-1 through D-7, was approved by motion of Board Consent Cal Member Carrillo, seconded by Board Member Hanks and unanimously carried. D-1-7 Chairman Macias asked about the extension of time for Wren & Associates and Assistant Director of Water Macias Operations Anderson responded stating that this was for the continuing inspection of a Rosedale Development question water pipeline which is being installed by ALP; the project has been delayed while waiting for a permit from Anderson resp the railroad. 1. The minutes of the regular meeting of September 28, 2009, were approved as written. Min appvd 2. Approval was given for the transfer of Interactive Voice Response (IVR) agreement from Systems and rVR Agmt to Software to First Data and the Mayor was authorized to sign agreement. Systems & Soft 3. The notice of completion for project WVF-207, Canyon Filtration Plant Membrane Upgrade and NOC Proj Expansion, was accepted and the City Clerk's Office was directed to record NOC at the Office of the Los W VF - 207 Angeles County Recorder. CFP 4. The notice of completion of project W-262, Water Main Replacement in Rowland Avenue in West NOC Proj W - Covina, was accepted and the City Clerk's Office was directed to record NOC at the Office of the Los 262 Angeles County Recorder. 5. Approval was given for additional compensation to RBF Consulting, Incorporated for additional design RBF Consult engineering services for Project W-266, Pipeline Replacement, in amount of $14,478.. Eng Svs 6. Approval was given for the extension of time for Wren & Associates, Incorporated for continuing Wren & Assoc inspection services for pipeline installation at Rosedale Development from June 30, 2009 to December Insp Svs 31, 2009. extend 10/26/09 PAGE TWO 006 7. Approval was given for the extension of firming agreement through 2011 for San Juan Unit #3 with Firming Agmt APS and the Mayor was authorized to sign the agreement. APS — San Juan SPECIAL CALL ITEMS Special Call None None Sched Items California Independent System Operator Corporation (CAISO) Restated Agreements with City of Azusa. CAISO Agmts Director of Utilities Morrow presented the agreements, i.e. Scheduling Coordinator Agreement, Meter Service G. Morrow Agreement for Scheduling Coordinator and the Congestion Revenue Agreement and provided information on Comments each agreement. Moved by Board Member Carrillo, seconded by Board Member Gonzales and unanimously carried to approve Agreements the Scheduling Coordinator Agreement, Meter Service Agreement for Scheduling Coordinator, and Approved Congestion Revenue Rights Entity Agreement between CAISO and the City, and the Director of Utilities was authorized to execute and administer said agreements. Electric Fund Financial Review and Possible Rate Adjustment. Electric Fund Financial Director of Utilities Morrow stated that the last rate increase was October of 2007, and the principal issue now Review & Rate was meeting the debt coverage requirements of debt service agreements; he noted that expenses for this year Adjustment would be about $42 million and revenues were forecasted to be $36 million, and the shortfall of $6 million needs to be addressed. He stated that a rate increase to close the gap could be done in two phases but that the increase needed to meet debt coverage requirement at this time is $1.6 million. To increase revenues by this amount for FY10, a 9.3% rate increase is recommended to begin by December 1, 2009. He detailed the Electric Financial Review, Rate Increase Information, Other Financial Information regarding Cash Reserves, and FY 10 Comparisons to Prior Years. Discussion was held between Board Members and Staff regarding uncollectable accounts, debt service ratio, Discussion disclosure requirements, disclosure obligations, interest income, retail revenues, rate increase options, reducing expenses, financial reports, recent foreclosures, vacancies, commercial customers, state surcharges, Edison rates, and having discussion at a city meeting. Moved by Board Member Rocha, seconded by Board Member Carrillo and unanimously carried to adopt Adopt Reso & resolution to implement a 9.3%across-the-board-increase in electric rates effective December 1, 2009; and to Approve elect approve electric utility cost of service study scope of work and authorize staff to solicit proposals from UtiI cost of sys qualified consultants. study Board Member Rocha offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, TO ADOPT NEW Res. 09-C95 ELECTRIC RATES EFFECTIVE DECEMBER 1, 2009. New Elect Rates Moved by Board Member Rocha, seconded by Board Member Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Board Members: AYES: BOARD MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: BOARD MEMBERS: NONE ABSENT: BOARD MEMBERS: NONE 10/26/09 PAGE THREE 007 Board Member Hanks asked that the item be brought to a regular meeting and a report be presented. Staff advised that they would schedule a power point for the November 2, 2009 meeting. STAFF REPORTS/COMMUNICATIONS Assistant Director of Water Operations Anderson presented an update on the Basin Water Supply stating that the Canyon Basin is not in a crisis condition yet, Morris is releasing water which helps, the basin is rising because the pumping has gone down; he explained the process. He stated that the main basin has bee a problem and has been low and there is no replacement water. He responded to questions posed by Board Members regarding the bum area. Business Development/Public Benefits Coordinator Reid presented the LED Technology Programs stating that this year a new Public Benefit rebate program is the LED Backlit LCD Television and Computer Monitor Rebate Program that provides a 25% rebate, up to a maximum of $750, for the purchase of ENERGY STAR® rated LED Backlit LCD televisions and computer monitors. The rebates will be processed through Light and Water, with an application, proof of payment, model number and a receipt. It is not an exchange program. Director of Utilities Morrow announced the California Municipal Utilities Association (CMUA) Capitol Day and Board Meeting, February 1-2, 2010 Hyatt Regency, Sacramento, and the American Public Power Authority (APPA) Legislative Rally, February 22-25,2010 Mayflower Hotel, Washington DC, and requested that the Board Members let him know if they would like to attend. Board Member Hanks urged the Board Members to attend due the effect they would have on legislation. Mr. Morrow also advised that it's late in the year for a San Juan trip and he talked about his visit to the Palo Verde plant and the heavy security. Moved by Board Member Gonzales, seconded by Board Member Carrillo and unanimously carried to adjourn. TIME OF ADJOURNMENT: 8:07 P.M. SECRETARY NEXT RESOLUTION NO. 09-056. 10/26/09 PAGE FOUR Hanks Comment Staff Rpts Basin Wtr Supply C. Anderson LED Tech Programs P. Reid CMUA Capitol Day & APPA Legislative Rally Adjourn i AZUSA 0 .. 42 rnt • ararrr CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE USA UTILITY BOARD FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES DATE: NOVEMBER 23, 2009 SUBJECT: APPROVAL OF A BLANKET PURCHASE ORDER TO SUPERIOR OPERATING SOLUTIONS, INC. FOR ONGOING COMPUTER SERVICE TO THE WATER DIVISION'S SCADA SYSTEM RECOMMENDATION It is recommended that the Utility Board approve a Blanket Purchase Order (BPO) in the amount of$32,000 to Superior Operating Solutions (SOS) of Richmond, Indiana, and cancel the existing BPO of Integrity Engineering, Inc. BACKGROUND Since 2004, the Water Division has used the services of Marcelle Sams of Integrity Engineering, Inc. to upgrade and maintain the Water Division's SCADA system. The computer skills of Mr. Sams have been extremely important to the Water Division in assisting its water system upgrade to full accessibility and operation via computer. Mr. Sams has also been an important part of integrating the operation of the new Hsu Water Filtration Plant with the SCADA system formerly used by the Water Production operators to run the now offline Canyon Filtration Plant. Mr. Sams established his new company SOS so staff recommends retaining his services for ongoing computer services to the SCADA system. The current BPO for Integrity Engineering will be replaced by SOS in the amount of$32,000. Mr. Sams' new charge out rate for service is less than his former rates at Integrity Engineering. On many occasions, Mr. Sams is able to handle SCADA issues remotely from his Indiana office and avoid travel to California. The Water Division will compare SOS's charge rates to other firms on an annual basis. Aoke/tZ //// ?/ SCADA System November 23, 2009 Page 2 FISCAL IMPACT The fiscal impact of approving the BPO to SOS will be a maximum of$32,000 from a budget of $32,132 remaining in Integrity's BPO. Prepared by: Chet F. Anderson, P.E., Assistant Director, Water Operations SOS-VerificationAgnt SOS Rate .pdf Schedule.pdf • [Type text] 010 Superior Operating Solutions 4307Nadonal Road West Richmond, IN 47374 November 16, 2009 Steve Seffer Azusa Light & Water Department P.O. Box 9500 Azusa, CA 91702 SUBJECT: Non -Compete Agreement Verification Steve, I am pleased to confirm that neither Rob Jefferson nor I have ever been a part of any type of non -compete agreement with Integrity Engineering, Inc. or its owner, Jack Reed. As of September 1, 2009, Rob Jefferson and I ceased employment with Integrity Engineering, Inc. and started our own company, Superior Operating Solutions. Our new corporation has no direct ties or entanglements with Integrity Engineering, Inc. or its owner, Jack Reed that would cause us or the City of Azusa any concern about working together. I thank you very much for the opportunity to provide the instrumentation and control services for Azusa Light & Water. We look forward to many years of a mutually beneficial working arrangement. Sincerely, -4yow__ Superior Operating Solutions, Inc. Marcelle Sams Cell: (765) 9934094 Email: marcelle'ri.;sos-scada.com Rob Jefferson (765) 993-3929 Fax (765) 939-3644 Marcelle Sams (765) 993-4094 011 Superior Operating Solutions 4307 National Road West Richmond, IN 47374 Rate Schedule as of September 1, 2009 Standard non -holiday business days (Monday — Friday, 8:00 AM — 5:00 PM), scheduled at least 48 hours in advance: • $75 per hour* (4 hour minimum billing) Weekend, after standard business days hours and emergency service**: • $112 per hour (4 hour minimum billing) Holidays***: • $150 per hour of on-site time (4 hour minimum billing) Telephone consultation services, 7 days a week, 24 hours per day: • $60 per hour (half hour minimum billing) Material costs will be added to any service work performed on the job as does apply to that job. Any travel time accrued up to 1 hour round trip will not be charged, any travel time extending beyond 1 hour will be treated as service time. Extensive travel may also have accumulated mileage which will be charged at the current government allowed rate. Any travel mileage less than 60 miles round trip will not be charged. Special pricing may be arranged via quotation by a Superior Operating Solutions, Inc. representative on a perjob basis. *Any work that requires an overnight stay will be charged an extra $5 per hour to help compensate the SOS technician for time away from home and family. **Emergency Service: This pertains to non-scheduled work that falls during a normal business day. An example of an Emergency Service Call is if an SOS technician is scheduled and en -route to another customer or project site, and immediate service is required. ***Holidays: New Years Day, Good Friday, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day, New Year's Eve 012 Rob Jefferson Fax Marcelle Sams (765) 993-3929 (765) 939-3644 (765) 993-4094 ' AGENDAITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZ SA UTILITY BOARD FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES DATE: NOVEMBER 23, 2009 SUBJECT: PROPOSED REGULATION OF COAL FLY ASH AS HAZARDOUS WASTE RECOMMENDATION That the Utility Board adopt an oppose position to U.S. Environmental Protection Agency's effort to classify coal fly ash as "hazardous waste" as part of its rulemaking and authorize staff to advocate the oppose position. BACKGROUND I wanted to take this opportunity to inform the Utility Board that the U.S. Environmental Protection Agency is considering the implementation of a rulemaking that could propose to classify coal ash as "hazardous waste". While such an action has been discussed for decades, the unfortunate failure of a coal pond retention wall last year at a Tennessee Valley Authority power plant which dumped over 5 million yards of coal waste into surrounding areas, has reignited the debate. Coal Waste is currently classified and treated under guidelines for non -municipal, non -hazardous waste. Since such rules are vague, this allows each state to develop there own rules for regulation. Approximately 60% of coal waste is landfilled. The remaining portion of coal waste (about 40%) is converted into more useful products such as concrete and cement. The primary concern for Azusa Light & Water, as a part owner of San Juan Unit 3, is that the classification of coal ash as a hazardous waste could have a chilling effect on the aftermarket for coal byproducts. One of Azusa's possible strategies for addressing the green house gas (GHG) effects of coal burning at San Juan is to promote the development of a polymer -based replacement for cement that produces an extremely strong product with short cure times and with a positive effect on GHG emissions compared to the alternates. 013 U.S. EPA RULEMAKING - FLY ASH November 23, 2009 Page 2 EPA is presently evaluating each facility in the United States that produces coal combustion byproducts prior to proposing any formal action. Staff would like the Utility Board to consider adopting a position opposing the classification of coal waste products as hazardous waste. A sample legislative letter is attached from APPA along . with other more detailed information for reference purposes. FISCAL IMPACT If the EPA is successful at classifying fly ash as hazardous waste it could have a significant impact on the cost of operating the San Juan Unit 3 and could increase our long term financial burden to offset greenhouse gas emissions from this facility. Prepared by: George F. Morrow, Director of Utilities Attachments: ENIKII hal CCP -Report. pdf r 014 APPA-SarrpleLetter. pdf WhitePaper-CCP.pdfArtkle-Coa KOnibust-USWAG-Non-HazReg WtrQlty.pdf .pdf Artcle-CoalASh.pdf ACAA. pdf ENIKII hal CCP -Report. pdf r 014 EDISON ELEC,rmc INSTITU'T'E June 16, 2009 Dear Senator: �J . National Rural Electric Cooperative Association An fiftma MR A inericu PUO➢e Po',verASSOMOV.1)- W A G On behalf of our respective associations and their membership, we are writing to urge you to co-sign a letter to EPA Administrator Lisa Jackson regarding regulation of coal ash being circulated by Senators Conrad and Brownback. The bipartisan letter calls on EPA to promulgate first -of -their -kind federal regulations for coal combustion byproducts ("CCBs") under Subtitle D of the Resource Conservation Recovery Act ("RCRA'). We agree with the Senators' conclusion that such a program, under EPA's federal non- hazardous waste rules, would reflect a balanced approach that ensures the cost-effective management of CCBs in a way that is protective of human health and the environment while also continuing to promote and encourage the recycling or beneficial use of CCBs. With so much congressional attention focused on climate concerns, it is worth noting that the beneficial use of CCBs contributes to significant reductions in greenhouse gas emissions. Furthermore, we are critically concerned that regulating CCBs as hazardous waste — an approach opposed by every State (over 20) that has weighed in on the issue — would not only effectively end the beneficial use of these materials, but also would jeopardize the ability of certain or our power plants to remain in service. Closure of these plants could raise serious reliability and cost concerns for the electric power that we provide to hundreds of millions of customers throughout the United States. As the Senators' letter makes clear, there is no reason to pursue such a counter-productive regulatory regime when EPA itself has properly determined on four prior occasions that hazardous waste regulation of CCBs is not necessary because the regulatory infrastructure is in place for EPA to promulgate cost-effective and environmentally protective rules under RCRA's Subtitle D program. Indeed, pursuant to an EPA -approved CERCLA cleanup order, material from the TVA Kingston ash spill is being safely disposed of in a non -hazardous waste Subtitle D landfill. We also agree with the Senators that EPA has ample authority to ensure compliance with Subtitle D rules for coal combustion byproducts. In . addition to existing State enforcement controls, EPA has broad authority under RCRA's imminent and substantial endangerment provision to respond immediately and aggressively to any violation of a Subtitle D rule for coal combustion byproducts that may pose a threat to human health and the environment 0.15 Page 2 Again, for all the above reasons, we respectfully urge you to join the bipartisan effort to have EPA develop federal rules for CCBs under RCRA Subtitle D. This approach will ensure the safe management of these materials while continuing to promote and expand their beneficial use. Very truly yours, American Public Power Association Edison Electric Institute National Rural Electric Cooperative Association Utility Solid Waste Activities Group 016 ArrA Amertan Public Pawn Assadation White Paper on Use of Coal Combustion Products Approximately 30% of coal combustion products (CCPs) generated nationwide are currently utilized in a variety of applications ranging from concrete block made with fly ash to gypsum wallboard, blasting grit made of bottom ash and slag, and flowable fill made with fly ash. There is substantial potential for increased usage of these materials and reduction of the volume and cost of waste disposal. Indeed, depending upon local transportation costs and market conditions, beneficial uses such as concrete and wallboard manufacture may generate revenue. CCPs have enjoyed the benefit of a statutory exemption from RCRA hazardous waste regulation — the Bevill Amendment to RCRA, passed in 1980. The exemption was conditioned on the U.S. Environmental Protection Agency (EPA) conducting a detailed assessment and issuing a "Regulatory Determination" whether to retain the exemption. In 1993, the U. S. EPA issued the first of two determinations — the "Phase I Regulatory Determination," which focused on the "high volume" wastes from the combustion of fossil fuels — i.e., fly asci, bottom ash, flue gas emission control waste, and slag. EPA found that CCP waste management and beneficial use practices were environmentally protective. EPA reaffirmed the Bevill exemption for these materials and stated that the beneficial use of CCPs should be encouraged. ` On May 22, 2000 EPA published the Phase II Bevill Regulatory Determination on the "remaining" wastes from the combustion of fossil fuels by utilities — i.e., co -management of high volume and low volume wastes, ash derived from co -burning of coal from nonhazardous solid waste, ash derived from clean coal combustion, and combustion residues from burning oil and natural gas 2 EPA reached a nonhazardous determination for the remaining wastes and restated the previous non -hazardous determination for "high volume" wastes. A significant factor in the decision was the Agency's recognition of the need to avoid "unnecessary barriers on the beneficial use of fossil fuel combustion wastes so that they can be used in applications that conserve natural resources and reduce disposal costs. In the Regulatory Determination, EPA expressed concerns about the mine placement of CCPs. and intends to pursue a rulemaking to promulgate national regulations using its authority under RCRA and/or the Office of Surface Mine's authority under the Surface Mining Control and Reclamation Act ("SMCRA"). The proposal is currently scheduled for March 2003 with a final rule following in August 2004. EPA also intends to pursue regulation of coal combustion waste disposal in landfills and surface impoundments under RCRA Subtitle D. That rulemaking will likely have indirect effects on ash utilization for public power facilities. The proposal is currently scheduled for March 2003 with a final rule following in March 2004. This document was prepared by Douglas Green and Steven Groseclose of Piper Marbury Rudnick & Wolfe LLP. Mr. Green and Mr. Groseclose serve as counsel to the Utility Solid Waste Activities Group or USWAG and may be contacted at dougtas.green@piperrudnick.com or Steven.groseclose@piperrudnick.com. 58 Fed. Reg. 42466, 42475 (Aug. 9, 1993). 2 65 Fed. Reg. 32214. 017 In addition, CCP utilization is subject to applicable state regulations that vary across the country. The Department of Energy's Federal Energy Technology Laboratory (FETC) maintains a database of state regulations applicable to CCPs. The database is available at hftp://www.fetc.doe.gov/coalpower/environmenVccblindex.htmi. Toxic Release Inventory Reporting of Beneficial Use On May 1, 1997, EPA expanded the Toxic Release Inventory (TRI) reporting requirement to coal and oil -fired electric utilities .3 The TRI report ("Form R") must include, among other things, "[t]he annual quantity of the toxic chemical entering each environmental medium." Under EPA's interpretation, land disposal of materials containing a listed TRI chemical must be reported as "releases of the toxic chemical to the environment" EPA claims that uses of CCPs involving land placement — such as soil reclamation, road aggregate, structural fill, and mine reclamation -- are considered waste management activities that must be reported. The Edison Electric Institute has issued a legal opinion to the industry pointing out the errors in EPA's reasoning and suggesting a defensible alternative rationale under EPA's rules by which utilities may be able to claim the de minimis exemption for legitimate beneficial uses involving land placement of CCPs. Federal Efforts to Promote CCP Reuse In 1983 EPA issued its first federal procurement guideline for the use of fly ash in cement and concrete4 However, the procurement guidelines failed to significantly increase the Federal procurement of concrete containing fly ash. In 1994 EPA proposed the Comprehensive Procurement Guideline (CPG) framework to reinvigorate the federal procurement guideline program with routine designation of new items that could be made with recovered materials. At the same time, EPA proposed a Recovered Materials Advisory Notice (RMAN), to provide more specific guidance to procuring agencies on purchasing designated item. In 1997 EPA designated parking stops made with concrete containing coal fly ash as an additional product made with recovered material.5 In 2000, EPA designated flowable fill and concrete railroad grade crossing surfaces made with fly ash.6 Most recently EPA proposed designation of blasting grit made with coal slag and bottom ash and concrete and cement made with fly ash cenospheres! The designations should be finalized in the first half of 2002. EPA staff has indicated that designation of lightweight aggregates containing fly ash is in line as a candidate for the next round of CPG designations expected in 2004. 3 62 Fed. Reg. 23834 (Issued under section 313 of the Emergency Planning & Community Right -to -Know Act of 1986 (EPCRA)). a 40 C.F.R. §247.12(c). 5 62 Fed. Reg. 60962, 60974 (Nov. 13, 1997), promulgating 40 C.F.R. § 247.13(b); see also RMAN II, 62 Fed. Reg. 60976, 60980 (Nov. 13, 1997). 6 65 Fed. Reg. 3070 (Jan. 19, 2000). 7 66 Fed. Reg. 45256 (Aug. 28, 2001). Cenospheres are very fine, spherical silica components of fly ash, which can be screened out for use in special applications. WASHl:3630955.vl 411112 Waste Stabilization and Potential CERCLA Liabil The use of OCPs for waste stabilization has been increasing, and it is believed that this market is potentially as large as the 7 million tons of ash used annually for replacement of portland cement. Expansion of the waste stabilization market has been inhibited by concerns about potential CERLA ("Superfund") liability. Some courts have ruled that the mere presence of trace metals in CCPs is enough to bring CCPs within the CERCLA definition of hazardous substance, although coal ash as a waste stabilization agent itself has never been implicated as a source of pollution at any Superfund site. CERCLA's strict joint and several liability system means that a utility that supplies coal ash to a waste disposal site for use as a stabilizing material risks future liability if there is a release of a hazardous substance at the site regardless of its source. Consequently, many utilities have been reluctant to allow utilization of their coal ash for stabilizing hazardous waste in landfills. Nevertheless, there is significant interest in using coal ash and clean coal technology byproducts for waste stabilization, and several commercial vendors have developed patented processes. EPA has examined fly ash as a waste stabilization agent to develop better predictive capabilities for solidification, waste fixation and long-term performance. In addition, the Department of Energy and the Electric Power Research Institute (EPRI) have jointly investigated the combination of coal ash and clean coal technology byproducts for use in waste stabilization. USWAG is collaborating with other industry groups to promote an amendment of CERCLA to encourage legitimate recycling of materials with proven commercial remediation applications. The utility industry proposal would exempt from Superfund liability generators of coal ash who arrange for recycling of the ash if the recycling application meets either commercial or governmental specifications, and the supplier of the coal ash undertakes "due diligence" to ensure that the recycling complies with all substantive environmental laws and regulations. This proposal would reduce an important barrier to recycling CCPs, and specifically would facilitate use of ash for waste stabilization. ASTM Consensus Standards ASTM's E50.03 Subcommittee on Environmental Risk ManagementfSustainable Development/Pollution Prevention is responsible for developing consensus standards on CCP utilization. In addition to promoting increased commercial acceptability of CCPs in the marketplace, these voluntary consensus standards have acquired a special status for Federal regulatory policy under the National Technology Transfer and Advancement Act because agencies must now use these standards in their regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The following standards support CCP reuse efforts: • Standard guide E1661-97 addresses the Use of Coal Combustion Byproducts in Structural Fills. This standard expanded a provisional standard that focused on fly ash to allow for the use of ponded and dry -handled ash as well as FGD material in fill applications. Standard guide E2060-00 addresses the Use of Coal Combustion Products for Solidification/Stabilization of Inorganic Wastes. • ASTM is currently developing two proposed guides for the use of CCPs for surface mine reclamation, focusing on (1) contouring and highwall reclamation, and (2) vegetation and mitigation of acid mine drainage WASm:3630956.v1 4/1102 -3- 019 • ASTM is currently developing a terminology standard, which should facilitate efforts to romote marketability of CCPs by standardizing the use of the term "coal combustion product' rather than terms that undermine the resource value of the materials with "byproduct" or "waste" labels. 0 s w w April, 2002 WASH1:3630955.vl 4/1/02 020 4�k�i �e l'<-�`G sd ° g ENY`IRONMENTx U �y� l \..Nor k£ :T :�'%�9`�.�Y./.'h...i SI Y' �+4 �'i'�tr� lS .. COAL COMBUSTION WASTE STORAGE AND WATER QUALITY John M. McManus, vice president. environmental services, for American Electric Power, delivered this testimony at an April 30, 2009, hearing before the House of Representatives transporta- tion and infrastructure subcommittee on water resources and environment. His Statement Was on behalf 01 AEP, Edison Electric Institute (EEI), and the Utility Solid Waste Activities Group (USWAG). a consortium of EEI, the National Rural Electric Cooperative Association, and more than 100 electric utility operating companies, which together represent more than 85 percent of the total electric generating rapacity of the United States. Last December, at the Tennessee Val- leyAuthorily's Kingston Fossil Plant. the retaining wall ora coal ash containment pond gave way, releasing coal ash info the Emory River and surrounding area. The hearing's purpose was to explore the status of the regulation of coal ash and other coal combustion byproducts across the country he electric utility industry remains committed to ensuring the integ- rity and sate operation of landfills, dams, and impoundments in which we manage coal combustion byproducts (CCes), including coal ash. The acci- dent that occurred at the Kingston plant is unacceptable, and we need to do a better job at managing CCBs. We have taken steps to ensure the safe manage- ment of CCBs in dams and impound- ments, and we support steps to enhance current requirements and oversight. In the wake of the spill, utility com- panies across the country, including 114 ELECTRIC PERSPECiivEs AEP, have reexamined their dam safety and inspection activities to ensure that these programs are up-to-date and functioning properly. A number of state regulatory agencies have also con- ducted additional inspections of utility impoundments to assess their structural soundness. The U.S. Environmental Protection Agency (EPA) has initiated a nationwide effort to assess the salety of cce Regulation The issue of whether CCBs should be regulated as hazardous wastes has been thoroughly evaluated and resolved. On lour different occasions, EPA has concluded that CCBs do not warrant regulation as hazardous waste: in the 1988 and 1999 reports to Congress issued pursuant to the 1980 Bevill Amendment to the Resource Con- servation and Recovery Act (RCRA): and in final regulatory determinations promulgated in August 1993 and May 2000. In its 2000 regulatory determina- tion, EPA found that coal ash does not warrant hazardous waste regulation, concluding instead that RCRA subtitle D [nonhazardous waste) regulations are "the most appropriate mechanism for EPA impoundments. We welcome this additional level of scrutiny to provide assurance that our facilities are being operated in a sale manner. It is our understanding that EPA in- tends to propose federal regulations for CCB disposal by the end of this year. The electric utility industry has long worked in a constructive and coopera- tive manner with EPA as It has evaluated regulatory options for CCBs, and we look forward to continuing to work with EPA and state regulatory agencies on this effort. We believe that the states have an important role in this program. A IVA researcher lakes water samples from the Emory River" where the retaining wall at a coal ash containment pond collapsed. ensuring that these wastes disposed of in landfills and surface impoundments are managed salely." We agree with EPA, and we support the development of lederal, nonhazardous waste regula- tion under RCRA subtitle D, implemented by the states. Such regulations would ensure that CCBs are managed in a man - 021 ner that is protective of groundwater. The states have consistently gone on record as opposing federal regulation of CCBs as hazardous waste, explaining that it is unnecessary and in tact would be counterproductive, because it would effectively end the beneficial use of coal ash in many states. We agree with the states that any additional federal con- trols should locus on filling any gaps In existing state regulations. An August 2006 EPA/Department of Energy report, "Coal Combustion Waste Management at landfills and Surface Impoundments, 1994-2004," confirms the improving trend in the state regu- lation of CCes, finding that over the last decade the amount and quality of environmental controls for coal ash management units have increased and that there is a trend toward dry handling of coal ash. In short, state CCB controls have become more robust. Utilities across the country implement measures to ensure the structural integrity of CCB surface impoundments, including en- suring that . surface impoundments are designed, constructed, and maintained in accor- dance with prudent engineering prac- tices; ■ surface impoundments are regularly inspected for changes in appearance or structural weaknesses, and ■ it a structural weakness is identified, steps are taken to remedy the condition. AEP's Dam Safety Inspection and Monitoring Program serves as one example of the industry's CCB impound- ment operations. AEP has operated coal ash impoundments for decades and currently owns and operates more than 40 earthen dam impoundments used to store fly ash, bottom ash, and cool- ing water at its power plants. This total includes ■ 11 large fly ash and bottom ash Impoundments located in Ohio, West Virginia, Kentucky, and Indiana; .6 large water storage impoundments located in Texas, Oklahoma, Arkansas. and Louisiana; and ■ several smaller ash management impoundments located throughout our service territory. . The Program is based on federal dam safety guidelines and applicable slate dam safety regulations and includes the following key components: ■ AEP's large dams are inspected an- nually by engineering staff under the direction of a professional engineer. The large dams are also inspected more fre- quently by plant staff, . Many of AEP's smaller facilities are inspected routinely by plant stall and every two to three years by engineering staff. ■ The large dams at several plants are equipped with instrumentation (for example, piezometers, surface survey monuments, and slope indicators) to monitor the dam's structural conditions. Monitoring data for the instrumented dams are collected at least annually,.and MAY /.TUNE 2009 1iS 022 Like concrete, minus the cement. Georgia Tech students work with a lightweight build- ing material, Cenacell, made Irnm coal ash in a reaction with organic chemicals. a report outlining the condition and in- spection results and recommendations is provided to the plant for implementa- tion. Design modifications and expansions to existing dams are performed by pro- fessional engineers and reviewed by an independent professional engineer. In addition, the designs are reviewed and approved by the appropriate state regu- latory dam safety officials. We realize that there are different slate approaches to regulating dam or impoundment safety, and therefore the principle of having some level of federal oversight or standards to provide con- sistency across The country has merit. We support (as part of a federal CCB regulatory program under RCRA subtitle D) dam safety, inspection, and response planning. Beneficial Use of CCBs We also want to insure that the re -use and recycling of coal combustion ma- terials continues to be encouraged. As part of ensuring the envi- ronmentally sound manage- ment of GCBs, our industry also remains committed to continuing and expanding the array of beneficial uses of CCBs, including, among others, as raw material in Portland cement, for mine reclamation, as replace- ment for cement in concrete and grout, as mineral tiller in asphaltic concrete, as aggregate for highway subgrades and roadbase mate- rial, and as a component of flowable fill. The beneficial use of CCBs conserves natural resources and energy, reduces greenhouse gas (GHG) emissions, and reduces the amount of CCSS that need to be disposed. EPA extolled the benefits of CCB ben- eficial use in its written testimony dur- ing the Senate environment and public works committee oversight hearings on the NA coal ash release held earlier this year. EPA noted that by recycling 13.7 million tons of Ily ash in 2007, in place of Portland cement, the United States saved nearly 73 trillion British thermal units of energy. This is equiva- lent to the annual energy consumption of more than 676,000 households. This also reduced emissions of 12.4 million metric tons of carbon dioxide, which is equivalent to the annual GHG emissions of 2.3 mil- lion cars. Given these environ- mental benefits. AEP and the utility industry strive to maximize the options for CCB beneficial use. How- ever, until full beneficial use of CCBs is achieved, continued management of CCBs in an environmentally responsible manner will remain an es- sential commitment of electric power generators. Regulating coal ash as a hazard- ous waste would have a devastating impact on the beneficial use of these materials. In its 2000 determination, EPA 116 ELECTRIC PERSPECTIVES concluded that hazardous waste regula- tion would place a "significant stigma on these wastes, the most important effect being that it would adversely im- pact beneficial use." EPA did not want to place "unnecessary barriers on the beneficial use of these wastes, because they conserve natural resources, reduce disposal costs, and reduce the total amount of waste destined for disposal." The states and coal -ash marketers and users agree that beneficial use would essentially come to an end if EPA were to regulate coal ash as hazardous, result- ing in among other things an increase of more than 12 million tons of GHGs annually. Water Quality Issues Our industry is committed to protecting the aquatic environments in the vicinity of our plants. All discharges from power plants to surface waters such as lakes, streams, or rivers are regulated through the Clean Water Acrs "National Pol- lutant Discharge Elimination System' (NPDES) permitting program. Discharge permit limits are developed based on two separate groups of standards: ef- fluent guidelines and water quality standards. Ellluent guidelines are in- dustry-specilic limits based on available technologies. Water quality standards include federally established water qual- ity criteria protecting human health and aquatic life. Those criteria address more than 100 pollutants, including metals 023 such as mercury, arsenic, and selenium. For every permit, the regulator assesses whether the discharges may cause an exceedance of applicable water quai- ily criteria. It the regulator finds that there is a 'reasonable potential" for the discharge to exceed any water quality criterion, the regulator will set a limit for that criterion in the permit. Therefore, any power plant discharge that has any potential to violate water quality criteria for priority pollutants is subject to limits set by the permitting authority. NPDES permits must be renewed ev- ery five years. At each five-year interval, state regulators review new data on the facility, apply an established system of analysis to the data, and develop a new draft permit. The draft permit is then subject to public notice and comment and review by an EPA regional office. Thus any potential problems with spe- cific constituents can be raised and ad- dressed during the permit renewal cycle. This permitting system has resulted in greatly improved water quality in many areas of our country since its inception more than 30 years ago. Additionally, EPA is conducting a detailed study of the wastewater dis- charges of our industry as part of its regular review of all effluent guidelines. This study has included wastewater sampling and information gathering visits to more than 40 facilities and a questionnaire to nine utilities own- ing coal-fired facilities. For more than In 2000, EPA determined that coal combus- tion byproducts do not warrant hazardous waste regulation. three years, our industry has actively assisted EPA with this study, providing information on wastewater characteriza- lion and technology performance, and recommending sampling techniques and analytical methods. As an example, AEP has hosted EPA stall on visits to lour of our power plants and has completed the questionnaire. EPA has said it will issue a decision on whether to revise the steam electric effluent guidelines this year. Our industry will continue to engage EPA on all aspects of this study. The current process should continue in a transparent and scientifically valid manner. Testimony received by this subcom- mittee has suggested that discharges of metals such as selenium and arsenic from coal ash impoundments are not protective of the environment. We do not believe this to be the case. The NPDES permitting program integrates the industry -specific technology-based effluent guidelines limits and the water quality -based effluent limits into a well established, effective permitting system which is protective of human health, fish, and wildlife. Conclusion ITjhe Industry goal is to manage coal ash safely and to use it in beneficial ways. We support the regulation of CCBs as nonhazardous wastes under a pro- gram that is designed to protect ground- water and surface water and that ensures the structural integrity and safety of coal combustion byproduct impoundments. This can be achieved under RCRA's non- hazardous waste subtitle D program. MAY/JUNE 2009 117 024- EDISON ELECTRIC INSTITUTE FOR IMMEDIATE RELEASE U , _.,� W , ; A [% �,, �, - G Utility Industry Calk for Federal, Non -Hazardous Waste Regulation Of Coal Combustion Byproducts Implemented by the States Washington, DC (Thursday, April 30, 2009) - Calling last December's coal ash spill in Kingston, Tennessee "unacceptable," a senior electric utility environmental official today recommended that the U.S. Environmental Protection Agency (EPA) adopt new federal non -hazardous waste regulations under Subtitle D of the Resource Conservation and Recovery Act for waste management facilities where coal combustion byproducts (CCBs), including ash, are managed. "As an industry, we need to do a better job of managing CCBs," said John M. McManus, Vice President of Environmental Services for American Electric Power, testifying on behalf of his company, Edison Electric Institute (EEI) and the Utility Solid Waste Activities Group (USWAG) before the House Transportation and Infrastructure Subcommittee on Water Resources and Environment. 'We welcome this additional level of scrutiny to provide assurance that our facilities are being operated in a safe manner," McManus said. 'We support the development of federal, non -hazardous waste regulation under Subtitle D of the Resource Conservation and Recovery Act, implemented by the states. Such regulations would ensure that CCBs are managed in a manner that is protective of groundwater." McManus added that such regulations would be consistent with EPA's 2000 Regulatory Determination that coal ash does not warrant regulation as a hazardous waste. McManus said the industry agrees with the states that they are in the best position to regulate CCB disposal, citing a 2006 report by EPA and the U.S. Department of Energy that confirms the improving trend in state regulatory programs as well as a trend toward managing the wastes in landfills (dry handling) and away from surface impoundments (wet handling). "In short, state CCB controls have become more robust," McManus said. 'The states have consistently gone on record as opposing federal regulation of CCBs as hazardous waste, explaining that it is unnecessary and would effectively end the beneficial use of coal ash in many states," McManus added. Coal ash is used as a raw material in Portland cement, as well as for mine reclamation, as replacement for cement in concrete and grout, as mineral filler in asphaltic concrete, as aggregate for highway subgrades and road base material and as a component in flowable fill. EPA recently praised the beneficial uses of coal ash in hearings before the Senate Environment and Public Works Committee, noting that by recycling 13.7 million tons of fly ash in 2007, in place of Portland cement, the United States saved nearly 73 trillion Btus of energy, enough to provide the energy needs of more than 676,000 households. This also reduced carbon dioxide emissions by 12.4 million metric tons, which is equivalent to the annual greenhouse gas emissions of 2.3 million cars. Regulating coal ash as a hazardous waste would have a "devastating impact" on these beneficial uses, McManus said. The utility industry is also committed to protecting the aquatic environment near power plants, McManus continued, and is working with EPA on a detailed study of the industrys wastewater discharges. 025 Energy Central EnergyBiz Insider Coal Ash Reconsidered November 09, 2009 Coal combustion waste may be reclassified as a hazardous waste. That's a significant change from its current categorization as a solid waste, which has created a secondary market for the byproduct in recycling circles. The investigations into coal ash have been ongoing but the pace has picked up over the last year after a retention wall broke, allowing 5.4 million yards of yuck to escape into the Tennessee Valley Authority's territories. So, after years of checking it out, the current U.S. Environmental Protection Agency is likely to act by year-end to reclassify it, noting that increasing evidence exists to suggest that coal ash adversely affects human health and the environment. Ken SNerstan Energyaiz Insider Editor -in -Chief Respond to theeditor. "Pollutants in coal combustion wastewater are of particular concern because they can occur in large quantities and at high concentrations in discharges and leach into groundwater and surface waters," says EPA Administrator Lisa Jackson. The controversy surrounding coal combustion byproducts is not new. In 2000 the EPA determined there would be a need for national regulations to deal with such "waste," saying that it could pose serious health effects and that viable pollution controls may be currently lacking. The most recent report comes after the EPA collected data from about 600 coal-fired units -- an examination that found aging retention wails, inadequately lined ponds and lax safety enforcements. Page I of 2 While it is unclear exactly what steps the EPA will take, the agency has said it would give each facility a rating. That score will not be based on the structural fitness of each site; rather, it will be determined by the potential loss of human life if the foundation were to fail. High risks sites would get Immediate attention and become publicly known. Coal waste now falls under the guidelines set for non -municipal, non-hazardouswaste. The - rules governing its disposal are vague, allowing the substance to be regulated by the state that establishes the appropriate rules foreachsite. At present, most such waste is buried in landfills. But promising technologies now exist that allow It to be converted into other, more useful products such as cement and concrete. - According to the American Coal Ash Association, which promotes the use of coal combustion products, coal ash does not cause any adverse environmental issues if it is properly handled. In 2006, It says that about 124 million tons of coal combustion byproducts were produced and about 54 million tons of that were used beneficially In this country. "As we all become more sensitive to the need for widely sustainable practices, coal combustion byproducts can contribute directly to this effort by reducing greenhouse gas emissions, conserving natural resources and avoiding the need for additional landfill space through sound technical and environmental management practices -- including beneficial use and recycling," says David Goss, former executive director of the ACAA. Warning Shots The utility industry says that it has heard the warning shots that have been fired after the file://C:\Doctiments and Settings\gmorrow\Local Settings\Temp\XPgrpwise\4AF7AE53A... 11/15/2009 026 Energy Central EnergyBiz Insider Page 2 of 2 collapse of NA's retention wall, While It Is open to having national policymakers close the loopholes In their local rules, companies believe strongly that the states are closer to the issues when it comes to regulating their facilities. Utilities say that their sites are designed, constructed and maintained in accordance with prudent engineering practices and that those Impoundments are routinely inspected. If any impairment is discovered, it is then remedied. They, generally, are placing so-called synthetic liners in their ponds to help prevent leakage. The sector furthermore emphasizes that Its coal combustion byproducts are being successfully recycled into consumer products. And if the EPA were to change the status of coal ash, such uses may halt. That would in effect raise the cost of environmental protection and lead to even more pollution. Colorado -based Sky Ute Sand and Gravel, for example, uses fly ash to replace cement in concrete. It says that not only is it cheaper than cement but it also increases its quality. "To be sure, innovative technologies for making and delivering electricity will become more efficient and increasingly environmentally -friendly," says W. Corey Trench, principal and market strategist at Pozzi -Tech. "We would hope so. But, during the next half century of transition, let's remember that coal combustion byproduct utilization Is a substantial part of the reason coal is and has been such a valuable asset to our country." Environmentalists are skeptical. They say that the federal government is better equipped to regulate mal ash than the state utility commissions, which the groups say are beholden to the respective utilities. In a 2007 report, EPA evaluated 85 coal ash sites out of a total of about 600. It discovered that 24 of those It had examined led to harm of human health or the environment. Another 42 cases resulted in potential damages, it concluded. The latest EPA revelations should end the discussions over whether coal ash should be federally regulated under hazardous waste laws, says the Sierra Club. The substance, which contains arsenic and lead, seeps into the groundwater and harms drinking supplies "We know that the cancer risk of people living coal ash sites can be as high as 1 in 50," says Mary Anne Hitt, a deputy director with the Sierra Club. "And we know that scrubber sludge filled with heavy metals too often is dumped into rivers without any real treatment." The Obama administration appears poised to diverge from that of its predecessor, which decided to stay out of the fight over how to classify coal ash and to leave it entirely to the states. If the feds now take on a greater role, utility operations may be fundamentally altered as the stigma attached to coal ash would effectively end its secondary use. file://C:\Documents and Settings\gmorrow\Local Settings\Temp\XPVTwise\4AF7AE53A... 11/15/2009 02?. ACAA - Promoting & Advancing Coal Combustion Products Page 1 of 2 MCA Advancing the Management & Use,,:;,H.�J1 of Coal Combustion Products � ti ACAA Benefits of Membership Unified Industry Voice • Establish coal ash, or CCPs, as a mineral resource that conserves natural resources • Promote CCPs as engineering and manufacturing materials • Support federal agency activities that promote the use of CCPs • Represent CCP industry in national standards committees and industry groups • Provide information to government, industry and public sectors • Assist in development of sound engineering practices • Serve as centralized source of technical information • Create and present educational programs Information Exchange and Networking • Meet with specifiers, purchasers and users of CCPs • Produce technical papers for publication and presentation • Develop consensus standards and guides for the use of CCPs • Identify regulatory and legislative opportunities • Participate in trade shows and exhibitions • Distribute promotional items and literature • Provide networking opportunities Educational Opportunities and Professional Growth • Hold regular committee meetings and educational workshops • Host intemational symposium on the management and use of CCPs • Publish workshop and conference proceedings - • Provide educational programs for CCP managers • Distribute newsletter, technical briefs and general information • Produce technical papers, reports, manuals and videos • Create technical assistance programs tailored to member needs • Facilitate exchanges of technical information Market Awareness and Development • Coordinate the implementation of consensus' standards for use of CCPs • Communicate government policies for procurement of CCPs • Promote comparisons of CCPs to competing materials and products • Reduce CO2 emissions from other industries through Increased use of CCPs • Advance technically sound, commercially competitive & environmentally safe uses • Remove technical, legal and regulatory barriers to the use of CCPs • Support "Infrastructure development and "sustainable growth" using CCPs • Distribute published materials for educational and promotional activities Membership in ACAA provides support for the development, implementation and continuation of effective programs for management and use of CCPs. There are numerous benefits for coal -burning electric utilities resulting from the use of CCPs in lieu of disposal. In addition to avoiding disposal costs and creating revenue, added benefits come from public and government recognition of the utility as a supporter of sound policies for recycling and sustainable development, ACAA members share a common interest in using CCPs as valuable products to enhance revenues, minimize disposal costs, reduce liability and support environmental policies. ACAA members are active at national, regional, stale and focal levels. ACAA's programs and activities provide benefits to members as follows: http://acaa.affiniscape.com/displayconunon.cf n?an=1&subar icienbr=l 11115/2009 028 � mqr,�`� ACM `\ r• �tl 15300 E. Girard Ave..9a 3050 Aurora,CO 90014 ACAA Phone: 720-870-7897 Fax 7H V8 7M Inwneeq. nv.ACM.us,.Drg 2008 Coal Combustion Product (CCP) Production & Use Survey Report Emat inro@acasu .orb Nae: AUNrectNed 200! survey ala repnfeiNnp: 1. 10] ole tdel hdugM�zta 26B twsNeO ebark uNNea q.e., +Ossl 2. 2]aae!aelegeslMv1de 609[pNDred aleMtuteM pmretlnp q+IMa 0.e., N%1 3. ]7],013 MegeWMS Neme ReN cepalyaae!Wlineusby-wWe Rl,191 Mepes'/ena Nsm+Rst+cepnaylLe., 6B%) -M amber+ reemsenteal h Ws sweyrepent are dr Md IVM pa,q .aamoeM epppcehle Maorywia eveaeae date. tohtLde Energy htarmeliaa AONNgretlm Repents 923 and M. IMPORTANT: iM1e lcUi vllMetlT IOp�Vabn DeReNepe gwea bTlOe nes Dela lretlCb of ae rcq�M1aateaed unarrep[Nngh 2W].ICO]etlwb M1eve Oam hOtsled es a+el%mlppMedb l2]s% N 70!5/09 AGENDAITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES DATE: NOVEMBER 23, 2009 SUBJECT: DROUGHT MAGNETS RECOMMENDATION It is recommended that the Utility Board: (1) consider purchase and distribution of r6frigerator magnets to inform residents about what days customers may water their yards given drought phase that is in effect; and (2) direct staff on whether to proceed with such purchase and distribution. BACKGROUND At the last Utility Board meeting the topic of Drought Magnets was raised and an estimate of the cost to produce and mail the drought watering schedule reminder magnet was requested. The magnet would show watering schedules for both Phase II and Phase III drought conditions and a sample magnet is attached for your reference. Based on the production of previous magnets of the same size and quality, the estimated all inclusive cost per magnet for the printing and direct mail costs is approximately $1.00 per magnet. With Azusa Light and Water's current single family residential customer base of approximately 21,000, the total cost is estimated to be $21,000.00. FISCAL IMPACT The Drought Magnet funds of $21,000 would be charged to the Water Fund, account number 3240-721-791-6625. Prepared by: Paul Reid, Business Development/Public Benefit Programs Coordinator n30 •E%nedt Phase 2 drought renuireimpritt Residential Customers; Watering schedule 6 IM ID 6 AM the next day. SON EVEN I ADD TT5UES EVEN WED ODD T"11 EVEN I III NONE SAT ODD an3v j uriougat reqturcimcnES Resdedtiai Customers: SUN •MON TUFS WED �THURFRI SAT' ♦(6: EVEN 010O-1 NONELNONE I oOD A EVEN 10 I NONE ODD If you have any questions, plea �60 Se lr�uL��o'm��riiiia—Li626)812-5225, Riequisitospara la Fase 2 de -la sequis actual CfienW Residenciales: Hoiarlo de rlegii: de 6 p.m. a 6 a.m. del dia siquiente. FD.- �L. I Mar Mie lue I lnr Sall, 141414 4 �P. Per Impar P., sequin actual Clifentes fimidenclates., Hondo de fiego: de 6 p.m. a 6 a.m. del dia sigidente. D. Aiw-. W, it Jue I Vie I SAI, 0 1 ij P. .Nhrguno Ni,.. i'vi�eij Par Ninguno Impar Sj bene alginwpieginita, Ilame at Serodo at Cliente 4131 A AGENDAITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES DATE: NOVEMBER 23, 2009 SUBJECT: THE HOOVER POWER ALLOCATION ACT RECOMMENDATION It is recommended that the Utility Board approve a "Support" position on the proposed Hoover Power Allocation Act and authorize the Mayor and staff to advocate for passage of the bill by the U.S. Congress. BACKGROUND In 1984, various municipal utilities, acting through Southern California Public Power Authority (SCPPA), participated in the Hoover Uprating Project, which led to increased production of about 500 Megawatts from the Hoover Dam located on the Colorado River. The City of Azusa only has a small share of this resource, up to 4,000 kW, however, this is low cost clean energy. The allocation of power from the Hoover resource is made through federal Statute which is set to ekpire in 2017, and so --anof congress is needed to�—exten-dUTe allocation To begin the effort of introducing a bill to Congress, various interested parties and contractors from Arizona, California and Nevada met and formulated the attached proposed legislation. Legislative staff from Southern California Edison, SCPPA and APPA, are now working with members of Congress to obtain sponsors and co-sponsors to the carry the legislation. It is hoped that this bill, referred to as the Hoover Power Allocation Act of 2009, will be introduced by calendar year end, and adopted next year, 2010. Under the proposed legislation, Congress would distribute Hoover power pursuant to historical allocations and the term would be extended by 50 years; however, current Hoover contractors would contribute 5% of their scheduled power to a pool that would be distributed under a new schedule, "Schedule D". Schedule D power would be allocated to federally recognized Indian Tribes and other eligible entities that do not currently purchase Hoover power. DELA THE HOOVER POWER ALLOCATION ACT November 23, 2009 Page 2 Two-thirds of the Schedule D pool would be allocated through the Western Area Power Administration ("Western"); the remaining one-third of the Schedule D pool would be distributed in equal shares through the Arizona Power Authority (for new contractors in Arizona), through the Colorado River Commission of Nevada (for new contractors in Nevada), and through Western (for new contractors in California). At this time, SCPPA and its Washington D.C. affiliates are seeking legislative support from current contract cities in an effort to have the bill introduced with a broad based list of representatives serving as co-sponsors. More information on this item is attached for your reference. FISCAL IMPACT The Hoover contract is about $100,000 per year (less than 3 cents/KWH) and is set to expire on September 30, 2017. Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities 033 Overview THE HOOVER POWER ALLOCATION ACT Delivering Clean Renewable Hydropower to Southwest States and Cities Fact Sheet Hoover power is a vital power resource for consumers in Arizona, California, and Nevada. Over 29 million people rely on this power, which is a clean renewable source of energy. Since its construction, Hoover Dam power has been allocated by Act of Congress. Hoover power was first allocated by Congress in the Boulder Canyon Project Act of 1928. In 1984, Congress again allocated Hoover power through contracts with state, municipal and utility contractors. These contracts will expire in 2017. Passage of the proposed Hoover Power Allocation Act of 2009 is critical to ensuring the continued availability and reliability of Hoover power to the citizens of Arizona, California and Nevada. The 1984 Hoover Power Plant Act distributed Hoover power to the following contractors under three schedules: Schedule A includes the original purchasers of Hoover power as authorized in the Boulder Canyon Project Act of 1928: Metropolitan Water District of Southern California; Cities of Los Angeles, Glendale, Pasadena and Burbank; Southern California Edison Company; Arizona Power Authority; Colorado River Commission of Nevada; and City of Boulder City, Nevada Schedule B includes contractors that advance -funded the Hoover power turbine upratings as authorized in the Hoover Power Plant Act of 1984: State of California (Cities of Glendale, Pasadena, Burbank, Anaheim, Azusa, Banning, Calton, Riverside, Vernon), and States of Arizona and Nevada Schedule C governs allocations of excess energy, if any, to Arizona, California and Nevada as negotiated between the states and the federal government. Distribution of Power under the Proposed Legislation Under the proposed legislation, Congress would distribute Hoover power pursuant to Schedules A, B and C ; however, each of the current Hoover contractors would contribute 5% of their Schedules A and B power to a pool that would be distributed under a new Schedule D. Schedule D power would be allocated to federally recognized Indian Tribes and other eligible entities that do not currently purchase Hoover power. Two-thirds of the Schedule D pool would be allocated through the Western Area Power Administration ("Western'); the remaining one-third of the Schedule D pool would be 034 distributed in equal shares through the Arizona Power Authority (for new contractors in Arizona), through the Colorado River Commission of Nevada(for new contractors in Nevada), and through Western (for new contractors in California). Why is the Proposed Legislation Necessary? The proposed legislation is critical to consumers in Arizona, California and Nevada. These consumers have invested in this clean renewable source of energy over the past 75 years and they are committed to investing in it for another 50 years. To date, Hoover contractors have invested over $1.3 billion to construct, upgrade, operate, maintain, and replace Hoover Dam power equipment. From 2010 to 2017, these contractors will continue to invest more than $600 million in Hoover Dam. If the proposed legislation is enacted, the contractors would pay an additional $1.6 billion, beginning in 2017, for operation, maintenance, replacement, and equipment upgrades. Hoover contractors have also committed to providing over $150 million over 50 years to support the Lower Colorado River Multi -Species Conservation Program (MSCP) for the protection of 26 endangered, threatened and sensitive species on the lower Colorado River. Legislation authorizing the MSCP was enacted by Congress in the 110th Congress and signed into law on March 30, 2009. Congressional action is needed to provide certainty to the 29 million beneficiaries of Hoover power and to avoid disruption of decades of careful generation resource planning, procurement and integration by contractors in the three states. Resource planning laws require utilities to provide long-term certainty when meeting future needs for generation. Hoover power is an important component in meeting these future planning requirements. Certainty in the allocation of Hoover power is also needed for effective regional transmission planning, as states work with the Federal government to re- design and upgrade the regional electric transmission grid. Finally, water providers depend on Hoover power to ensure efficient and reliable Colorado River water deliveries. Where are Hoover Power Customers Located Today? Customers receiving Hoover power are located in the Boulder City Project Marketing Area as shown on the following map. 035 Firm Power Customers and Marketing Area Nevada ®® M California ®% Arizona © Municipalities State Agencies California 12 Arizona Power Authority 1 Anaheim Aguila Irrigation District 2 Azusa Avra Valley Irrigation S, Drainage District 3 Banning Buckeye Water Conservation District 4 Burbank Central Arizona Water Conservation District 5 Colton Chandler Heights Citrus Irrigation District 6 Glendale Cortaro-Marana Irrigation District 7 Los Angeles E D #2, Pinal, E D #3, Pinal, E D 114, Pinal 8 Pasadena E D #S, Maricopa, E D #S, Pinal, E D #6, Pinal 9 Riverside E D #7, Maricopa, E D #8, Maricopa 10 Vernon City of Safford Harquahala Valley Power District Nevada Maricopa County Municipal Water District 11 Boulder City McMullen Valley Water Conservation & Drainage District Ocotillo Water Conservation District ' City of Page Queen Creek Irrigation District Roosevelt Irrigation District Roosevelt Water Conservation District Salt River Project San Tan Irrigation District Silverbell Irrigation District Town of Thatcher Tonopah Irrigation District Wellton-Mohawk Irrigation & Drainage District Town of Wickenburg 13 Colorado River Commission of Nevada NV Energy Southern Nevada Water Authority Boulder City Lincoln County Power District No.l Overton Power District No. 5 Valley Electric Association Entities at the Basic Management Industrial Complex 14 Metropolitan Water District of Southern California Investor -Owned Utilities - 15 Southern California Edison Company 036 i iFiIt n Pr000sed amendments to Section 105 of the Hoover Power Plant Act n_ f_ see -1984. 43 U.S.C. &C. 619a. for power_ TAM;9 E (a) Offering of contracts by Secretary; total power obligation; conforming of regulations; contract expiration and restrictions (1) The Secretary of Energy shall offer: (A) To each contractor for power generated at Hoover Dam a i.=enew m contract. for delivery commencing a neOctober 1, Asa, of the amount of capacity and firm energy specified for that contractor in the following table: SCHEDULE A LONGTERM . H .D A CONTIINGENT CAPACITY AND ASSOCIATED FIRM ENERGYRssr�4R;;q FOR ,gra; ;gA;, ser m _z OFFERS OF CONTRACTS -TO GuRRF,:;=BOULDER CANYON PROJECT CONTRACTORS 037 Firm Energy (thousands of kWh) Contractor Contingent capacity Total (kW) Summer Winter Metropolitan Water District of Southern ==tea 3.^382 �8:7"99= 293�4 j.227.375 California 4Q$ 8 36 2 City of Los Angeles =99-8'5 =88' bm quo 6^°, 1 ^3 4 32 464.108 1 175 6�3 2$ Southern California 27� �o ^--r-T;; Edison Company 28� 16 M448 238.160 City of Glendale 18, ge3 4=30 29, 313 6:7, :11 1 1J 45 2 1 2 64.325 City of Pasadena eee 9, 6;6 1;' 4 2r =8,^-,; I City of Burbank 8,126 1;' 8=1 6, 3 q:? 21,3:58 5.176 Q030 2 J (ZQ Arizona Power 1qq, Goo S,, 192 9:. 645,989 Authority Q 42 5 2 4 0 61Q Colorado River Commission of z89' C)9e qS2,1_92 4: 99q Nevada United States, for 2G, G99 a6' G8e 24, 990 89, P99 Boulder City zolm 53-200 22,8000 4 2 2 1 2 Totals 1 037 (B) To contracts for delivery commencing 4un !9 -` — f. =.. beeemes _i -h � " "E October 1 2017 of the amount of capacity __ _ _ 1, !987, e f seeJ ` Md firm energy i -. –specified f4L• that contractor in the following table: 4 SCHEDULE B LONG TERM SCHEDULE B CONTIINGENT CAPACITY AND ASSOCIATED FIRM ENERGY FOR Contingent Firm Ener thousands of kWh 'moo i24, $ ee t-�Q tractor Capacity Summer Winter Total kW 3 1 4 Totals 707 o^ j a le w%2 2 : 2 IM ,of , , , , , saIM1 2 Ci btAfi 4 ,. ;.,,f:14A4 2 j. y� ?y.:9 Ryi r$ •F•},;5�j 9Sy2� _ �.�i-��. ., �, . It-1 Arizonad- 8 140 MAN .��.....�■ems.=�"-.e Nevada 188' g� 'moo i24, $ ee ^w^ mo 18 860 273 600 I I 8 0 3 1 4 Totals 707 o^ 5;5, SSG �T 4 21 2 Provided, however, That in the case of Arizona and Nevada, such dontracts shall be offered to the Arizona Power Authority and the Colorado River Commission of Nevada, respectively, as the agency specified by c Staten law as the agent of such State for purchasing power from the Boulder Canyon project he ease of G""c"FH I e1 (C) To the Arizona Power Authority and the Colorado River Commission of Nevada and to purchasers in the State of California eligible to enter into such contracts under section 5 of the Boulder Canyon Project Act [43 U.S.C. 617d], contracts for delivery commencing awe ctober 1,-Z 7 of such energy generated at Hoover Dam as is available respectively to the States of Arizona, Nevada, and California in excess of 4,501.001 million kilowatthours in any ' year of operation (hereinafter called excess energy) in accordance with the following table: SCHEDULE C . Excess Energy Priority of entitlement to excess energy State State First: Meeting Arizona's first priority right to delivery of excess energy which is equal in each year of operation to 200 million kilowatthours: Provided, however, -Tthat in the event excess energy in the amount of 200 million kilowatthours is not generated during any year of operation, Arizona shall accumulate a first right to delivery of excess energy subsequently generated in an amount not to exceed 600 million kilowatthours, inclusive of the current year's 200 million kilowatthours. Said first right of delivery shall accrue at a rate of 200 million kilowatthours per year for each year excess energy in roman amount of 200 million kilowatthours is not generated, less amounts of excess energy delivered. Second: Meeting Hoover Dam contractual obligations under eSchedule A of subsection 195(a)(1)(A), of this seetion and under sSchedule B of subsection IU(a)(1)(B), � en and under Schedule D of subsection. not exceeding 26 million kilowatthours in each year of operation. Third: Meeting the energy requirements of the three States, such available excess energy to be divided equally among the States, Arizona Arizona, Nevada and California Arizona, Nevada and California (D) Availability of Schedule D capacity and firm energy Each entity offered contract pursuant to subsection (a)(1)(A) and (a)(1)(B) of this section_ has hadits apportioned allocation of capacity and firm energy adjusted from the amounts mthorized prior to enactment of this section to the amounts shown in Scbeduk and Schedule B This adjustment will provide a resource pool equal to five percent (5%) of the full rated capacity of 2,074,000 kilowatts and associated firm energy, as shown in Schedule D (hereinafter referred to as"Schedule D capacity and finn energy" l Within one Year of the enactment of this section the Secretary of Energy shidl distribute sixty-six and seventenths percent (66.7%) of for Schedule D canacjty 039 Commission of Neva& allottees for Schedule D capacity and firm energy Project Implementation Agreement Contract No in 1 rizona. Nevada and California that is not allocated and placed under contract by October 1.2017_ shall be returned to the Schedule A and Schedule B ontractors within the state in which the Schedule D capacity and firm energy were distributed, in the same Proportion as those contractors' allocations of Schedule A and Schedule B capacity and firm energy. `YE) Entities contracting for capacity and energy Pursuant to subsections (A) through D) of this section (a)(1) shall be entitled to make use of generation to the full extent specified in Section 5.6 of those lone term contracts for purchases from the Hoover Power Plant that were made in accordance with the Hoover Power Plant Act of 1984 and are in existence on the date of enactment of this section." "(E) The term "capacity" includes spinning reserves_ non -spinning reserves and the use of an electronic dynamic signal for regulation and ramping from zero to full chedulable entitlement and the reverse, within the constraints of outages, rive operations and reservoir draw down; provided that such use shall not have a etrimental effect on power system equipment at Hoover Dam or on river operations." (2) The total obligation of the Secretary of Energy to deliver firm energy pursuant to €—subsections (a)(1)(A), ef thas See -- andg f- subseetien(a)(1)(B) et: �nlTse i— ana (a)(1)(D) is 4,527.001 million kilowatthours in each year of operation. To the extent that the actual generation at Hoover Powerplant in impeach year of operation (less deliveries thereof to Arizona required by its first priority under eachedule C of subsection (a)(1)(C) of this section whenever actual generation in any year of operation is in excess of 4,501.001 million kilowatthours) is less than 4,527.001 million kilowatthours, such deficiency shall be borne by the holders of contracts under said s_Schedules Amend B in the ratio that the sum of the quantities of firm energy to which each contractor is entitled pursuant to said schedules bears to 4,527.001 million kilowatthours. At the 041 �r�er Lv5' 4�%� R" �'> .^'1C'�..e Y[:k: 9i,✓4 �`+Y�.4!�v'-��j�"i.. 4.. eiapatittyv`�W' t'i} fa Y� � ITotal �, NW,. . ZOOM, =New Entities Allocated by Stafe x € ^v ; ' * Wi' a 5 `YE) Entities contracting for capacity and energy Pursuant to subsections (A) through D) of this section (a)(1) shall be entitled to make use of generation to the full extent specified in Section 5.6 of those lone term contracts for purchases from the Hoover Power Plant that were made in accordance with the Hoover Power Plant Act of 1984 and are in existence on the date of enactment of this section." "(E) The term "capacity" includes spinning reserves_ non -spinning reserves and the use of an electronic dynamic signal for regulation and ramping from zero to full chedulable entitlement and the reverse, within the constraints of outages, rive operations and reservoir draw down; provided that such use shall not have a etrimental effect on power system equipment at Hoover Dam or on river operations." (2) The total obligation of the Secretary of Energy to deliver firm energy pursuant to €—subsections (a)(1)(A), ef thas See -- andg f- subseetien(a)(1)(B) et: �nlTse i— ana (a)(1)(D) is 4,527.001 million kilowatthours in each year of operation. To the extent that the actual generation at Hoover Powerplant in impeach year of operation (less deliveries thereof to Arizona required by its first priority under eachedule C of subsection (a)(1)(C) of this section whenever actual generation in any year of operation is in excess of 4,501.001 million kilowatthours) is less than 4,527.001 million kilowatthours, such deficiency shall be borne by the holders of contracts under said s_Schedules Amend B in the ratio that the sum of the quantities of firm energy to which each contractor is entitled pursuant to said schedules bears to 4,527.001 million kilowatthours. At the 041 request of any such contractor, the Secretary of Energy will purchase that contractor's deficiency at such contractor's expense. (3) Subdivision E of the "General Consolidated Power Marketing Criteria or for Boulder City Area Projects" published in the Federal Register �qay 9 +4-4December 28 1984 (49 Federal Register commencing at3a� 15f hereinafter referred to as the "Criteria" or as the "Regulations" shall be d have been modified to conform to this section. The Secretary of Energy s to be included in the Federal Register a notice conforming the text of sai< Regulations to such modifications. (4) Each contract offered under subsection (a)(1) of this section shall: (A) in accordance with section 5 subsection (al or the tsoutaer L-anyon [43 U.S.C. 617d(a)]. expire September 30, 244--�r2 nd (B) not restrict use to which the capacity and energy contracted for by Metropolitan Water District of Southern California may be placed State of California: Provided, That to the extent practicable and coi sound water management and conservation practice, the Metropoli District of Southern California shall ii-aal cafe such capacity and pump available Colorado River water prior to using such capacity to pump California State water project water; and, (C) conform to the applicable provisions of subdivison (! ;)-E of the commencing at 48 Federal Register 20881, modified as provided section. To the extent that said provisions of the Criteria, as so me applicable to contracts entered into under this section, those provi hereby ratified . ...1 .. . . J .l . (b) Prejudice of rights of contract holders under Boulder Canyon Project Act P Criteria shall be construed to prejudice any rights conferred by the Boulder Project Act, as amended and supplemented [43 U.S.C. 617 et seq.], on the I contract described in subsection (a) of this section not in default thereunde September 30, 244�—;9=61 (c) n litigation; eOffer of contract to to meet ,d to cause Nn the stent with Water ergy to I energy this fied, are ms are in the of a entities 042 If any existing contractor fails to accent theoffered contract. -the Secretary of Energy shall get exeeute `a �5e--af ;4=vasa et a-1- aFjains€ €h- GRi`e' States e€-Fve in the unitpelStmates =- s`' e€ Gear€ €e `tLe Di €r' e€ of Tae vada —e _eei d 7 122 441 P9T' unies- "a t� emit, t_, _ _ g;It-eveja ..ee' 3=m Ja- the- -•- se m-� Hn—and - -- - e hec e - ---` - the 'e -t `.. is pfeed�A—€pem exeeFtifi§ a een€r-e€ with -an- n€"tom „ ffer the capacity and firm energy thus available first to other entities in the same State listed Schedule A and Schedule B second to other entities listed in Schedule A and 4chedulP B third to other entities in the same State who receive capacity and firm enerev under ubsection (a)(1)(D)of this section and last to other entities who receive Papacity and firm energy under subsection"(a)(1)(D)ofthis sectione'ia't;l- €e e.qt- Pte - -- eent�aeta under seet4en 5 of the 39t4de- Ger; n Pregeeb ate—f;�3-o--�G. Se _ �^ - (a) (=) fav •h#- - - --- -- - ribeei in a€ i r 19- pufsll�.qt __s._ser-.. _ __ _ the PeeleEal ;, —L prang pre"am ql.1ajj Jie depes4mted-in -- ava��al3le - for 4zhe uprating •Pheae 'V'tt a E, d v -a -+gip -i,-- F - J 1 a --Pa retia S ere sha'= 4 be ,.e i a 14-t P�Fpeses-- and shall- bead�aR--* - .4., _tEaet pe_ €er €nndn -en=-rahut paEeliaserq .Y__ _y e__re.ptaEy ci t. --Eh. c ' (d) All credits_ offsets and revenues received by Western or the Bureau of Reclamation from sources other than the cmtjact-Qrs, which is associated with or measured by the capacity r output of ge]]g,,ratQrs at Hoover Dam shall be allocated to contractors on a reasonable oro -rata basis 043 Schedule B and Schedule D capacity and firm energy, (gf) Congressional exercise of reserved right The provisions of this section constitute an exercise by the Congress of the by it in section 5(b) of the Boulder Canyon Project Act, as amended and so [43 U.S.C. 617d(b)], to prescribe terms and conditions for the _ enewa for electrical energy generated at Hoover Dam. This section constitutes the method for disposing of capacity and energy from Hoover Dam for the per jur eOct er 1,1aaa-,-22� and ending September 30, 24ar:7-2067. (hg) Court challenges; disputes and disagreements (1) Notwithstanding any other provision of law, any claim that the provision subsection (a) of this section violates any rights to capacity or energy fro'. Boulder Canyon project is barred unless the complaint is filed within one August i i ^ s ^ the date of enactment of this section, in the United Su Federal Claims which shall have exclusive jurisdiction over this action. E that actions taken by any administrative agency of the United States viol right under this subchapter or the Boulder Canyon Project Act [43 U.S.0 seq.] or the Boulder Canyon Project Adjustment Act [43 U.S.C. 618 et sf unless suit asserting such claim is filed in a Federal court of competent j within one year after final refusal of such agency to correct the action cc (2) Any contract entered into pursuant to this section or section 107 of this F U.S.C. 7133 note] shall contain provisions by which any dispute or disa€ to interpretation or performance of the provisions of this subchapter or o regulations or of the contract may be determined by arbitration or court I The Secretary of Energy or the Secretary of the Interior, as the case may authorized to act for the United States in such arbitration or court procee except as provided in paragraph (1) of this subsection, jurisdiction is col any district court of the United States of proper venue to determine the d (ilhj Congressional declaration of purpose It is the purpose of subsections (e), (g), and (h) of this3�! ! to F the rights of contractors for capacity and energy from the Boulder Canyon the period beginning duce cfo e1, 499 2017. and ending September 30, will vest with certainty and finality. ;ht reserved lemented -ontracts elusive beginning of ithe year after tes Court of ny claim rtes any 617 et a.] is barred irisdiction aplained of. ct [42 ,cement as applicable roceedings. )e, if lings and, ferred upon that t for 044 fi) Except as amended herein Section 105 of the Hoover Power Plant Act of 1914 i3 hr i ratified and confirmed U=C-r Pub ^' 512,—title 1XSee. 902 ( b) (') r9 r-=-2 r 106 Sat 0415 Film a. TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSIA UTILITY BOARD FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES DATE: NOVEMBER 23, 2009 SUBJECT: WATER RATE ADJUSTMENT REVIEW As you know, water rates were increased by 18% effective July 1, 2009. Reduced water consumption was cited as one of the reasons for the rate adjustment. As shown in attachment, water consumption for the fust four months of FY 2009-2010 continued to lag behind the FY 2006- 2007 period by 19%, and slightly below even last FY. Hence, it appears that water conservation is continuing and serves as a legitimate basis for the prior rate adjustment. Also, when water rates were adjusted effective July 1, 2009, there were some changes to the tier breakpoints in the rate schedule, which required some computer modeling or testing to forecast the effect of such changes. In reviewing the accuracy of the revenue testing, staff notes that rate revenue for first four months of this FY increased 14% compared to the sameperiod last year. However, milder temperatures in August 2009 caused consumption to drop by 18.6% compared to August 2008, and this reduction in consumption for August caused billings to bl 1% lower than same month last year. The month of October 2009 is very comparable to the October 2008 in terms of water consumption. If we look at a billings in October 2009 and compare them to October 2008, thie billing amount increased by 19% over 2008, which is relatively close to the forecasted 18% increase. Staff will continue to monitor the water utility billings and are currently review use to forecast debt coverage ratio and reserve policy compliance for water fund. Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities "A Water Rate Review. pdf financial model M Water Consumption by Azusa Light & Water Customers Month Billings Excludng RWCAF & Drought Consumption in CCFs Per Month —Reference % Charige 2006 2006 2007 2008 2009 2006to'2009 July 999,463 904,827 756,685 814,123 -19% August . 1,118,876 1,005,656 954,832 777,252 -31% September 1,017,814 965,389 786,530 899,018 -12% October 932,414 871,300. 786,552 785,138 -16% Total: 4,068,567 3,747,172 3,284;599 3,275,531 -19% Source: Azusa Light & Water Monthly Billing Reports 3,136,153 2,875,872 2,498,047 2,490,393 -21% Billing Amounts by Azusa Light & Water Revenue Check of 18% increase Effective July 1, 2009' Month Billings Excludng RWCAF & Drought Charge —Reference 2006 2009 % Change See'Notes' Below July 1,220,914 1,475,862 21% (1) August 1,443.6 1,436,462 1,430,492 -1%0 (2) September 1,195,161 1,430,492 20% (3) October 1,213,336 1,444,942 19% (4) Total: 5,073,018 5,781,788 14% (5) Source: Azusa Light & Water Montl ly Billing Reports Notes: (1) Water consumption increased by 7.6% over last year (2) Mild Temperatures - Consumption 18.6%lower than last year (3) Water consumption increased by 14.3% over last year (4) Water consumptioh Slightly lower than last year (less than 1%) (5) Targeted revenue increase was 18%; however, consumption for reduced by 0.3% compared to last year. Observations: 1. Consumption pattern for 2009 continues to be significantly lower than 2006-2007 period. 2. Rate modeling by staff of 18% adjustment appears to be accurate based on 1st quarter of FY 09-10; note October 2009 consumption roughly equal to October 2008 and revenues increased 19%. Prepared by Cary Kalscheuer, 11/2/2009 047 TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES DATE: NOVEMBER 23, 2009 SUBJECT: COMPREHENSIVE STATE WATER LEGISLATION After the regular State legislative session ended this year on October 11, 2009, the Governor called for an Extraordinary Session on water issues. This was the Seventh Extraordinary Session and so the bills are numbered `X7'. Bills were introduced in both the Senate and Assembly and were very similar. However, in the end, a set of Senate bills were approved by the Legislature on November 4 and signed by the Governor shortly thereafter. These include the following: SB X7-1: Delta Protection (signed 11/12/09) SB X7-2: Water Bond (signed 11/9/09) SB X7-6: Groundwater Monitoring (signed 11/6/09) SB X7-7: Water Conservation (signed 11/10/09) SB X7-8: Water Diversion and Use Reporting (signed 11/6/09) In general, these bills seek to improve management of water resources in California by addressing various aspects of the water supply crisis in the State. One of the more significant bills adopted was SB X7-2, or SB 2, which places a bohd measure on the November 2, 2010, ballot to raise $11.14 billion. Proceeds will be used throughout the state for various water conservation, storage and recycling projects, and to fund efforts orts to better manage the Delta region. Two attachments are provided for your reference and further reading c Memorandum from Kronick, Moskovitz, Tiedemann & Girard to Placer County Board of Directors; and (2) 2009 Comprehensive Water Package report from Department of Water Resources. Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities above: (1) ter Agency California 1 - - KRONICK MOSKOVITZ "TIEDEMANN &GIRARD A LAW CORPORATION MEMORANDUM TO: Board of Directors, Placer County Water Agency FROM: Janet K. Goldsmith DATE: November 5, 2009 FILE NO.: 80-1 RE: Comprehensive Water Legislation On November 4, 2009, the Legislature passed a sweeping package of legislation that seeks to improve water supply reliability throughout California. The Governor has announced that he will sign the bills. The package of bills will create a new Delta Stewardship Council charged with adopting a Delta Plan to accomplish ecosystem restoration and water delivery reliability for 25 million Californians and millions of acres of the world's most productive farm land. The State Water Resources Control Board is directed to establish instream flow criteria to protect public trust resources and appoint a Delta Watermaster to enforce its water right orders. The legislation will support development of new water storage and conveyance facilities, set urban water conservation mandates and require more efficient agricultural water use. It provides for monitoring and reporting of groundwater conditions, and imposes stiff financial penalties on riparian and pre -1914 water rights holders who fail to report their water use.. In connection with the new mandates, the Legislature passed an $11.14 billion bond measure to help pay for water management and ecosystem restoration projects from Siskiyou County to San Diego. The bond measure, titled the "Safe, Clean and Reliable Drinking Water Supply Act of 2010" will go before voters in the November 2010 statewide election. The legislation seems to affect all public water suppliers in California, imposing new compliance obligations while providing new opportunities to improve aging storage, conveyance and distribution infrastructure. This Legal Alert summarizes the major provisions of the legislation package, which is comprised of the following separate bills: • SBX7-7: Water conservation ("SB 7") — See pp. 2-4 • SBX7-6: Groundwater monitoring ("SB 6") — See p. 4-5 • SBX7-8: Water diversion and use reporting ("SB 8") — See pp. 5-6 • SBX7-1: Delta Protection Act amendments ("SB 1") — See pp. 6-9 • SBX7-2: Water bond ("SB 2") -- See pp. 9-13 Although the bond measure requires a popular vote, none of the other legislation is contingent upon the outcome of that vote. ME Board of Directors, Placer County Water Agency November 5, 2009 Page 2 Urban Water Conservation Under SB 7, urban water suppliers would have until 2020 to cut average daily per capital urban water use by 20 percent statewide, and agricultural water suppliers would have until 2010 to adopt water management plans and carry out certain efficient water management priactices. Water Conservation Goals SB 7 establishes new water conservation goals and measures to be adopted by urban and agricultural water suppliers. Most significantly, the legislation requires the state tolreduce urban average daily per capita water use by 20 percent no later than December 31, 2020, and by at least 10 percent no later than December 31, 2015. Calculation of urban per capita water use is to be based on all water entering a water supplier's distribution system, excluding recycled water, water placed into long-term storage, (water conveyed for use by another supplier, and water delivered for agricultural use. Water use reductions are to be measured against a baseline water use in a 10 -year period ending no earlier than December 31, 2004 (If recycled water is at least 10% of the supplier's supply I the baseline period can be 15 years.) The legislation addresses only daily per capita rates, not system -wide totals, acknowledging that it may be possible to achieve the per capita water use reductions while maintaining or even increasing overall water use, depending on the climate change and population growth within each supplier's service area. Urban Retail Water Suppliers The legislation applies to urban retail water suppliers, public or private that directly serve potable water — either 3,000 end users or 3,000 acre-feet per year. It requires water suppliers to develop urban water use targets to help achieve the water use reduction goals. While the legislation would not require individual urban retail water suppliers to reduce per capita water usage by more than 20 percent, each supplier would have to reduce per capita daily water use by at least 5 percent, unless the supplier already had a base water use of 100 gallons per capita per day or less. Urban retail water suppliers would have to meet their own urban water use targets, which must be established by one of four methods, after a public hearing: • a strict 20 percent reduction from baseline water use, • adoption of established performance standards for indoor and outdoor • 5 percent reduction from the applicable state hydrologic region target set ml the state's draft 20 x 2020 Water Conservation Plan dated April 30, 2009, which can be found at http://www.swrcb.ca.gov/w 0_final—finalor 050 Board of Directors, Placer County Water Agency November 5, 2009 Page 3 • A method yet to be developed by DWR for calculating urban water use targets. This fourth method must be developed in a public process by December 31, 2010, and take into account factors such as o Climatic differences throughout the state o Population density differences within the state o Plant water needs in different regions, and o Prior investment in water conservation measures. While it is not clear what will emerge from the DWR "fourth method," it is likely to provide some greater measure of flexibility than the other three. Baseline and conservation targets for commercial, industrial, and institutional water use will be developed by DWR no later than October 1, 2010. Urban retail water suppliers must use DWR's methods, once they are developed. Urban retail water suppliers will have to include specific new information in the next round of Urban Water Management Plans, incorporating data and calculations related to their baseline daily per capita water use and their urban water use targets. Although the next Urban Water Management Plan updates would have been due by December 31, 2010, SB 7 grants an extension to July 1, 2011, to allow use of DWR's methods. Urban retail water suppliers would have to comply with their interim per capita water reductions by July 1, 2016, or else risk losing eligibility for state water grants or loans. Agricultural Water Conservation Agricultural water suppliers,-- public or private entities that provide water to at least 10,000 irrigated acres, will not be required to meet a specific percentage reduction in water use. However, they must carry out certain efficient water management practices no later than July 31, 2012, including the volumetric measurement of water deliveries to customers, and adopt tiered pricing structures. Agricultural water suppliers will have to implement only those efficiency measures that are locally cost effective and technically feasible. DWR is to develop a method for quantifying the efficiency of agricultural water use and report back to the Legislature on the proposed method and plan for implementation no later than December 31, 2011. SB 7 also would revamp the Agricultural Water Management Planning Act, requiring agricultural water suppliers, after a public hearing, to prepare and adopt agricultural water management plans by December 31, 2012, and update those plans by December 31, 2015, and every five years thereafter. Agricultural water management plans must be detailed, describing the service area, the quantity and quality of water supplies, water supply reliability, and the 051 Board of Directors, Placer County Water Agency November 5, 2009 Page 4 efficient water management practices implemented, and analyze the effect of clima future water supplies. Water conservations plans adopted under federal Reclamatil used, in part, to satisfy the new requirements. Adopted plans must be submitted to number of other agencies, but the plans themselves are not subject to CEQA, altho implementation may be. change on law may be WR and a Agricultural water suppliers must comply with the new requirements by July 1, 20113, or risk losing eligibility for state water grants or loans. Department of Water Resources The legislation requires DWR to propose new statewide targets for regional water resources management practices including, but not limited to, use of recycled water, brackish groundwater desalination, and infiltration and direct use of urban stormwater runoff, no later than January 1, 2011. The legislation would require DWR to develop a single, standardized water use reporting form to meet the water information needs of agencies and water suppliers. I Groundwater Monitoring SB 6 provides for the regular and systematic monitoring of groundwater levels in a groundwater basins and sub -basins of the state, which will be made readily availab public. The monitoring, to begin by January 1, 2012, is intended to document seas term trends in groundwater elevations. The monitoring requirements specifically a groundwater basins or subbasins, not other groundwater. Reports of the status of t groundwater basins are to be made to the Governor and the Legislature no later tha 2012, and thereafter in years ending in 5 or zero. Although admirable in scope, the bill falls short in realization. It encourages a va entities to assume responsibility for monitoring and reporting groundwater elevat not require them to do so. If sufficient monitoring information is not being collet DWR could monitor groundwater elevations, but only if it can gain the concurren Mining and Geology Board. Furthermore, no funding is provided in the bill to su effort by DWR. However, if DWR performs the monitoring, then local groundw management entities which did not assume monitoring responsibility may not be water grants or loans awarded or administered by the state. Probably the most cc limitations on the effectiveness of the groundwater monitoring are that no monitc including DWR, can enter private property without the landowner's consent, and require a property owner to submit monitoring information. No fees or charges c the landowners to pay for the monitoring program. Those local entities that seek to assume the groundwater monitoring functions mus DWR in writing on or before January 1, 2011 of their intention to do so, and subm documentation of their qualifications under the bill and a map showing the area to to the ral and long- )ly only to state's January 1, ty of local s, but does then the of the State ort such an Bible for )icuous g entity, ither can it be assessed notify the e monitored. 052 Board of Directors, Placer County Water Agency November 5, 2009 Page 5 -- -- The DWR will oversee the monitoring entities; including determining the priority of potential monitoring entities if more than one seeks to conduct the monitoring. Priorities would be determined in accordance with factors set out in the bill. After completing its review, DWR will provide written notice to the monitoring entity, publicize this selection on the internet, and work cooperatively with that entity to determine how groundwater elevations should be reported. DWR can recommend improvements to existing groundwater monitoring programs, but cannot require additional monitoring wells unless funding is provided for such wells. Where existing programs are already sufficient to demonstrate seasonal and long-term groundwater elevation trends, the DWR must defer to those programs. If no local entity seeks to assume monitoring responsibility, DWR will contact well owners, and determine if there is an interest in establishing a groundwater management plan, an integrated regional water management plan that includes a groundwater management component, or a voluntary groundwater monitoring association, which provide the basis for local monitoring. If there is sufficient interest, or if the overlying county is willing to provide the monitoring, then DWR will work cooperatively with the interested parties to institute monitoring within two years. In the absence of local interest, DWR will first determine if existing monitoring wells owned or operated by state or federal agencies provide sufficient information on groundwater elevation trends. If not, then DWR may undertake groundwater monitoring functions. DWR will notify well owners in the affected area and the overlying county. While DWR will not assess fees or charges to recover monitoring costs, entities in the area that DWR monitors may not be eligible for water grants or loans awarded or administered by the state (with an exception if the area qualifies as a disadvantaged community. The bill does not affect DWR's current monitoring network, and does not expand or affect DWR's powers and duties relating to groundwater beyond the powers for monitoring granted by this bill. SWRCB to Enforce Water Diversion Statements with Fines, Extra Staff SB 8 expands the State Water Resources Control Board ("SWRCB") water rights enforcement staff and authorizes the imposition of substantialfinancial penalties against water users who fail to accurately report their diversion and use of surface water. SB 8 puts teeth in a long -neglected provision of the Water Code that requires riparian water users and holders of pre -1914 appropriative rights to file Statements of Water Diversion and Use ("Statements") with the SWRCB every three years. Such rights are not directly subject to the SWRCB's regulatory water rights jurisdiction, and existing law provided no penalty for failure to file timely file accurate Statements. SB 8 changes that. 053 Board of Directors, Placer County Water Agency November 5, 2009 Page 6 Under SB 8, the SWRCB could assess costly penalties for violations of water use related requirements. Under the legislation, new Water Code section 5107(c) woi increase the amount of civil penalties that the SWRCB could assess for the follom • Failure to file a Statement of Water Diversion and Use; • Any unintentional misstatement in such reports; and • Failure to repair a malfunction of a measuring device. The most severe penalties would be imposed for knowingly tampering with any mE device or knowingly making a material misstatement in a Statement—$25,000 per $1,000 per day until the violation is corrected. The penalties may not be assessed 1 30 days after the SWRCB notifies the water user of the alleged violation(s). The n provision ensures that diverters will not be caught unaware of an inadvertent violat provides an opportunity for water users to remedy any violations and thereby avoir penalties. sorting and drastically violations: ation plus at least 3n and financial Additionally, the budget for the SWRCB's Water Rights Division would be increased by $3.75 million for the express purpose of adding 25 permanent water rights enforcement positions, however, funding for the new enforcement positions will be paid from fees imposed on water right holders, not from the state's general fund. Minor changes also were made to the Statement conteni, as well as when such statements were required to be filed: • A Statement will now be required for annual spring diversions greater than 25 acre feet in any year, even if the springwater does not flow off the property. • A Statement will be required even if an application for small domestic or livestock stockpond uses, or application to appropriate water is pending before the SWRCB. Previously, no Statement was required for pending appliciations. Statement content changes include:Point of diversion and places of use must now be depicted on a specific U.S.G.S. topo map, identified using the California Coordinate System or latitude and longitude measurements, and include the assessor's parcel number of the property. Delta Stewardship Council to Restore Delta Water Reliability Among the most significant developments in the Legislature's sweeping water 1 creation several new state agencies, the restructuring of existing agencies, and a these agencies implement significant administrative procedures. ;lation is the ective that 054 Board of Directors, Placer County Water Agency November 5, 2009 Page 7 The revamping of institutional infrastructure includes the repeal of the California Bay -Delta Authority Act. That repeal ends the largely unsuccessful state and federal agency collaboration known as CALFED, which was conceived more than a decade ago to restore the Delta ecosystem and water delivery reliability. Creation of the Delta Stewardship Council SB 1 enacts the Sacramento -San Joaquin Delta Reform Act ("Act") (Water Code § 85000 et seq.), which declares that "existing Delta policies are not sustainable" and that "[r]esolving the crisis requires a fundamental reorganization of the State's management of Delta watershed resources." The legislation describes coequal goals "of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem" and explains that the Act's purpose is to "establish a governance structure that will direct efforts across state agencies to develop a legally enforceable Delta Plan." That governance structure is the Delta Stewardship Council ("Council"), a seven -member body appointed by the governor that will be the successor to CALFED. All of CALFED's staff, resources, and funding will be transferred to the Council. By January 1, 2012, the Council must develop, adopt, and start carrying out a comprehensive long-term management plan for the Delta ("Delta Plan"). The Delta Plan is to include measures that promote: (1) viable populations of aquatic and terrestrial species, (2) functional corridors for migratory species, (3) diverse habitats, (4) reduced threats, (5) more reliable water supplies, (6) improved water quality, and (7) the economic vitality of the State. It must also include recommendations for statewide water conservation, for new and improved water conveyance infrastructure, and in -Delta disaster and risk reduction measures. Local and regional transportation planning documents for "covered actions" would have to be submitted to the Council for a determination as to whether the action is consistent with the Delta Plan. "Covered actions" are those publicly approved projects, that will take place wholly or partly in the Delta or Suisun Marsh, are covered by one or more provisions of the Delta Plan, or will have a significant impact on achievement of water supply reliability, ecosystem restoration, or flood protection in the Delta. Excluded from covered actions are: (1) regulatory actions by state agencies, (2) routine maintenance of the State Water Project ("SWT") and Central Valley Project ("CVP"), (3) certain regional transportation plans, (4) certain activities in the secondary zone of the Delta that are consistent with specific regional transportation plans, (5) routine maintenance of publicly -owned facilities located in the Delta, and (6) activities undertaken by a local public agency that is located in whole or in part in the Delta. Creation of the Delta Watermaster and Delta Independent Science Board Several other new entities are created by the Sacramento -San Joaquin Delta Reform Act, including a Delta Watermaster to be appointed by the SWRCB. The Delta Watermaster will have jurisdiction and exercise the SWRCB's enforcement authority over water diversions in the Delta. 055 Board of Directors, Placer County Water Agency November 5, 2009 Page 8 - Additionally, the Legislature directed the Delta Stewardship Council to appoint a Delta Independent Science Board to "provide the best possible unbiased scientific information to inform water and environmental decisionmaking in the Delta." The Delta Independent Science Board Delta will oversee implementation of the Delta Science Program, which replaces the CALFED Science Program." New Delta Instream Flow Criteria Within 12 months after enactment, the Act calls for the Department of Fish and Game, in consultation with the federal Fish and Wildlife Service and National Marine Fisheries Service, to develop and recommend to the SWRCB flow criteria and quantifiable biological objectives for Delta -dependent species of concern. SWRCB must then adopt, in a public process new flow criteria for the Delta ecosystem necessary to protect public trust resources," that must "include the volume, quality, and timing of water necessary for the Delta ecosystem under different conditions." It directs SWRCB to establish an effective system of Delta watershed 'diversion data collection and public reporting by December 31, 2010. Bay Delta Conservation Plan Directives Water agencies receiving SWP and CVP water are to pay for the review, planning, design, construction, and mitigation required for any new Delta conveyance facility. The Act provides that the pending Bay Delta Conservation Plan ("BDSCP") shall become part of the Delta Plan, if DFG approves the BDCP as a natural community conservation plan and determines that it meets certain Act requirements (e.g., considers a reasonable range of flow criteria and conveyance alternatives, and analyzes the effects of climate change including a sea level rise ofiup to 55 inches), and if the BDCP is approved as a habitat conservation plan under section 1i0 of the federal Endangered Species Act ("ESA"). The Act prohibits the commencement of construction of a new Delta conveyance facility until the SWRCB approves a change in the point of diversion for the SWP and CVP water rights. New Sacramento -San Joaquin Delta Conservancy SB 1 also enacts the new Sacramento -San Joaquin Delta Conservancy Act. The Cdnservancy's purpose is to advance the twin goals of environmental protection and the economic! well-being of Delta residents. The Conservancy will be the primary state agency implementing ecosystem restoration in the Delta. The Legislature granted the Conservancy broad powers to enter into agreements and conservation easements, to fund restoration efforts, among other activities, and to seek diverse funding sources. Within two years of appointing an executive director, the board of the Conservancy is to adopt a strategic plan establishing criteria and priorities for projects and programs to achieve its goals. Amendments to Delta Protection Act of 1992 SB 1 also amended provisions of the Delta Protection Act of 1992 (Public Resources Code § 29700 et seq.), changing the size and composition of the Delta Protection Commission. The 056 -- Board of Directors, Placer County Water Agency - November 5, 2009 Page 9 directors of Parks and Recreation, Boating and Waterways, Water Resources, a CALFED public member, and three gubernatorial appointees from general public were removed as Commission members, and replaced by the Secretary of the Natural Resources Agency and Secretary of Business, Transportation, and Housing. The Commission must adopt an economic sustainability plan regarding flood protection, socioeconomic sustainability of Delta agriculture and infrastructure, and recreation by July 1, 2011, and must submit recommendations to the Legislature regarding expansion or changes to the boundaries of the Delta primary zone or the Delta. The Bond BUI $11 Billion Water Bond Under SB 2, voters will be asked to approve $11.14 billion in bonds at the November 2, 2010, statewide general election. The bond measure is titled the "Safe, Clean and Reliable Drinking Water Supply Act of 2010" and will consist of two separate "tranches," with half the bonds issued for immediate sale after voter approval and the other half sold no earlier than July 1, 2015. That total bond amount includes $455 million for drought relief, $1.4 billion for regional water supply projects, $2.25 billion for Delta sustainability projects (including $1.5 billion for the Bay Delta Conservation Plan), $3 billion for water storage, $1.785 billion for watershed conservation, $1 billion for groundwater cleanup and protection, and $1.25 billion for water recycling and water conservation. The Department of Water Resources ("DWR") and other state agencies would allocate the bond funding to specific projects. Much of the funding would be allocated in response to applications by project proponents. Bond funding also would be allocated by the Natural Resources Agency, the Department of Fish and Game, the Wildlife Conservation Board, the California Conservation Corps, the Department of Conservation, the Department of Parks and Recreation, the Department of Forestry and Fire Protection and state conservancies. Eligible applicants include public agencies, nonprofit organizations, public utilities and mutual water companies. While the bond measure would authorize funding for a wide range of projects—including new reservoirs and groundwater storage, new water conveyance facilities, urban and agricultural water conservation measures, wastewater recycling infrastructure and ecosystem restoration— the measure also imposes certain broad limits on the use of bond funds. For example, the measure provides that bond funds may not be expended "to support or pay for the costs of environmental mitigation measures or compliance obligations of any party except as part of the environmental mitigation costs of projects financed by this division ....", which do not include Delta conveyance facilities. Such costs would instead "be the responsibility of the water agencies that benefit from the design, construction, operation, or maintenance of those facilities." Drought Relief 057 Board of Directors, Placer County Water Agency November 5, 2009 Page 10 Projects eligible for the measure's $455 million in drought relief funding would include "planning, design, and construction of local and regional drought relief projects that reduce the impacts of drought conditions, including, but not limited to, the impacts of reductions in Delta diversions." That includes water conservation and efficiency projects (e.g., installation of "the most water efficient fixtures commercially available"), water recycling and related infrastructur groundwater cleanup, local and regional conveyance projects that improve water supplies, local and regional water supply reliability projects, and local and regional surface water storage projects that provide emergency water supplies and water supply reliability in drought conditions. No more than 10 percent of a project's grant funding could be spent on project planhing, investigations, studies and monitoring. At least half the total project costs would have to be paid from nonstate sources, unless the project would "directly benefit disadvantaged communities or economically distressed areas." The preceding cost -share obligation and disadvantaged - community exception apply beyond drought relief to many projects eligible for funding under the new measure generally. 11 Regional Water Supply Under the bond measure, $1.050 billion in funding would be awarded by DWR thrdugh competitive grants to projects that carry out Integrated Regional Water Management Plans ("IRWMPs"). (Water Code § 79721-79722.) Such projects include "local and regional surface water storage projects." To qualify, a grant applicant would need to timely submit its updated Urban Water Management Plan ("UWMP") under the Urban Water Management PI anning Act, by December 31, 2010. Bond funding would be divided among 12 hydrologic regions and subregions, in addition to an "interregional" allocation. The Los Angeles subregion garnered a $198 million allocation, followed closely by the San Francisco Bay region's $132 million and the Santa Ana subregion's $128 million and then by the San Diego subregion's $87 million, the Sacramento River region's $76 million, the Tulare/Kem region's $70 million and further allocations to: San Joaquin River ($64 million), Central Coast ($58 million), North/South Lahontan ($51 million), Colorado River Basin ($47 million), North Coast ($45 million), a Mountain Counties "overlay" ($44 million), and "interregional" ($50 million). The bond measure would provide an additional $350 million for grants and direct expenditures "for the planning, design, and construction of local and regional conveyance projects that support regional and interregional connectivity and water management" Such projectswol ld need to provide one or more of the following benefits: • improved regional or interregional water supply and supply reliability; • mitigation of groundwater overdraft, saline water intrusion, water degradation or subsidence; M. Board of Directors, Placer County Water Agency November 5, 2009 Page 11 • adaptation to "impacts of hydrologic changes"; • "improved water security" from drought, natural disasters or other events that could interrupt imported water supplies; or • "providing safe drinking water for disadvantaged communities and economically distressed areas." Delta Sustainability The bond measure would provide $2.250 billion for grants and direct expenditures for "projects needed to assist in the Delta's sustainability as a vital resource for fish, wildlife, water quality, water supply, agriculture, and recreation." Of that amount, $750 million is slated for projects "that provide public benefits and support Delta sustainability options, including projects and supporting scientific studies and assessments" that: • Ensure that urban and agricultural water supplies derived from the Delta are not disrupted due to catastrophic levee failures; • Assist in prdserving agricultural and other economic activities in the Delta; • Improve the quality of drinking water derived from the Delta; • Improve levee and flood control facilities to protect Delta communities; • Provide physical improvements or other actions to create water flow and water quality conditions within the Delta to provide adequate habitat for native fish and wildlife; • Facilitate other projects that provide public benefits and support Delta sustainability options approved by the Legislature; • Mitigate other impacts of water conveyance and ecosystem restoration; or • Provide or improve water quality facilities and other infrastructure. At least $50 million of the $2.250 billion would be available for matching grants for improvements to wastewater treatment facilities upstream of the Delta to improve Delta water quality. Of the $2.250 billion amount, $1.5 billion would be for projects to protect and enhance the sustainability of the Delta ecosystem, including "[p]rojects for the development and implementation of the Bay Delta Conservation Plan ...." Such funding could be used for preparation of environmental documentation and environmental compliance. 059 Board of Directors, Placer County Water Agency November 5, 2009 Page 12 Water Storage Under the bond measure, $3 billion would be allocated to the California Water Commission ("Commission") "for public benefits associated with water storage projects that improve the operation of the state water system, are cost effective, and provide a net improvement in ecosystem and water quality conditions ...." The Commission would select such rater storage projects through a competitive public process informed by regulations that DWR would develop in consultation with the Department of Fish and Game and the State Water Resources Control Board. Only the following projects would be initially eligible for funding • Surface storage projects identified in the CALFED Bay -Delta Record of Decision; • Groundwater storage projects and groundwater contamination prevention or remediation projects that provide storage benefits; • Conjunctive use and reservoir reoperation projects; • Local and regional surface storage projects that improve the operatidn of water systems in the state and provide public benefits. Further, funding would be provided only for projects (and their associated environmental mitigation measures) that provide "measurable improvements to the Delta ecosystem or to the tributaries to the Delta." Finally, funding would be solely for the following public benefits associated with water storage projects:" (1) Ecosystem improvements; (2) water quality improvements; (3) flood control benefits; (4) emergency response; and (5) recreational purposes. Conservation and Watershed Protection The bond measure would provide $1.785 billion for grants and expenditures on ecosystem and watershed restoration and protection projects. It would impose a range of detailed requirement for use of the funds, including requirements that vary by specific county and watershed. Groundwater Protection A billion dollars would be provided through the Department of Public Health, for projects to prevent or reduce the contamination of groundwater that serves as a major source of drinking water. Such projects would have to be consistent with an adopted IRWMP. Water Recycling and Conservation The bond measure would provide $1.25 billion for recycled water projects and conservation projects in urban and agricultural settings. Of the preceding amount, $1 billion would be available for the following types of • Recycled water projects; or10 Board of Directors, Placer County Water Agency November 5, 2009 Page 13 - .... .. • Contaminant and salt removal projects (including groundwater and seawater desalination); • Dedicated recycled water distribution infrastructure, including retrofit projects for commercial and industrial end users; and • Pilot projects for new salt or contaminant removal technology; and groundwater recharge infrastructure related to recycled water. $250 million would be available, through a DWR-administered competitive process, for direct expenditures, grants and loans to water conservation and water use efficiency plans, projects and programs. Urban water conservation plans, projects and programs and agricultural water management plans would also be eligible for funding. (}b l __ '"+•�,.t . .,, � - ! `YY�>� a' m'4e.�;'fi'Eb �sr �,+fi?�y;r�, _�.'' { "'^ef ^c'Y •r:. • i•`- tt TA - IT Fy <4 k h. ! h�I 9 .�*ti t n x ,3 a it V� 2 }' �`s� pi 5P CM lg t� t$f"ni k / t I :*i H i��}•`�'v"�'1 � 1 .�� ?fid 1 � � b { t v�.?" �.� ' 4 j ; J.� Y'� � '::i= _ 3l�1 '. i`.E� . ax.3 +�;-•Y`+x,� ` I � � � .: t { �e K t hfvgi� + { r ofk i ( � l� 1.�f M u 2009 COMPREHENSIVE WATEI PACKAGES+` SPECIAL SESSION POLI.CY,,, BILLS AND BOND�SUMMARY„ I � i � If s i i I I 1, a a I NOVEMBER 2009 .The California { Depaitmenl of f- Wafer Re�our�cesE iS. I ! ,r ":' overnor Schwarzenegger and state lawmakers successfully crafted a plan to meet California's . growing water challenges. A comprehensive deal was agreed to, representing major steps towards ensuring a reliable water supply for future generations, as well as restoring the Sacramento -San Joaquin Delta and other ecologically sensitive areas. The plan is comprised offour policy bills and an $11.14 billion bond. The package establishes a Delta Stewardship Council, sets ambitious water conservation policy, ensures better groundwater monitoring, and provides funds for the State Water Resources Control Board for increased enforcement of illegal water diversions. The bond will fund, with local cost-sharing, drought relief, water supply reliability, Delta sustainability, statewide water system operational improvements, conservation and watershed protection, groundwater protection, and water recycling and water conservation programs. SENATE BILL NO. 1 DELTA GOVERNANCE / DELTA PLAN SB 1 establishes the framework to achieve the co -equal goals of providing a more reliable water supply to California and restoring and enhancing the Delta ecosystem. The co -equal goals will be achieved in a manner that protects the unique cultural, recreational, natural resource, and agricultural values of the Delta. Specifically, this bill: • Creates the Delta Stewardship Council, consisting of seven members with diverse expertise providing a broad statewide perspective. The Chairperson of the Delta Protection Commission is a permanent member of the Council. The Council is also tasked with: - Developing a Delta Plan to guide state and local actions in the Delta in a manner that furthers the co -equal goals of Delta restoration and water supply reliability; - Developing performance measures for the assessment and tracking of progress and changes to the health of the Delta ecosystem, fisheries, and water supply reliability; Determining if a state or local agency's project in the Delta is consistent with the Delta Plan and the co -equal goals, and acting as the appellate body in the event of a claim that such o project is inconsistent with the goals; and Determining the consistency of the Bay -Delta Conservation Plan (BDCP) with the co -equal goals. • Ensures that the Department of Fish and Game and the State Water Resources Control Board identify the water supply needs of the Delta estuary for use in determining the appropriate water diversion amounts associated with BDCP. 2- 2009 COMPREHENSIVE WATER PACKAGE (11/09) p63 • Establishes the Sacramento -San Joaquin Delta Conservancy to implement ecosysh activities within the Delta. In addition to the restoration duties the Conservancy is Adopt a strategic plan for implementation of the Conservancy goals; Promote economic vitality in the Delta through increased tourism and the prorr legacy communities; Promote environmental education about, and the public use of, public lands in Assist in the preservation, conservation, and restoration of the region's agricull historic, and living resources. restoration wired to: of Delta Delta; and cultural, • Restructures the current Delta Protection Commission (DPC), reducing the membership from 23 to 15 members, and tasks DPC with the duties of: Adopting an economic sustainability plan for the Delta, which is to include flood protection recommendations to state and local agencies; Submitting the economic sustainability plan to the Delta Stewardship Council for inclusion in the Delta Plan. • Appropriates funding from Proposition 84 to fund the Two -Gates Fish Protection Demonstration Program, a project in the central Delta which will utilize operable gates for protection of sensitive species and management of water supply. 064 2009 COMPREHENSIVE WATER PACKAGE. (11/09) - 3 SENATE BILL NO. 6 GROUNDWATER MONITORING SB 6 requires, for the first time in California's history, that local agencies monitor the elevation of their groundwater basins to help better manage the resource during both normal water years and drought conditions. Specifically, this bill: • Requires the Department of Water Resources (DWR) to establish a priority schedule for the monitoring of groundwater basins and the review of groundwater elevation reports, and to make recommendations to local entities to improve the monitoring programs. • Requires DWR to assist local monitoring entities with compliance with this statute. • Allows local entities to determine regionally how best to set up their groundwater monitoring program, crafting the program to meet their local circumstances. • Provides landowners with protections from trespass by state or local entities. • Provides that if the local agencies fail to implement a monitoring program and/or fail to provide the required reports, DWR may implement the groundwater monitoring program for that region. • Provides that failure to implement a monitoring program will result in the loss of eligibility for state grant funds by the county and the agencies responsible for performing the monitoring duties. 4- 2009 COMPREHENSIVE WATER PACKAGE(] t/09) - 065 SENATE BILL NO. 7 STATEWIDE WATER CONSERVATION SB 7 creates a framework for future planning and actions by urban and agricultural water suppliers to reduce California's water use. For the first time in California's history, this bill requires the development of agricultural water management plans and requires urban water agencies to reduce statewide per capita water consumption 20 percent by 2020. Specifically, this bill: • Establishes multiple pathways for urban water suppliers to achieve the statewide goal of a 20 percent reduction in urban water use. Specifically, urban water suppliers may: - Set a conservation target of BO percent of their baseline daily per capita water use; Utilize performance standards for water use that are specific to indoor, landscape, and commercial, industrial and institutional uses; - Meet the per capita water use goal for their specific hydrologic region as identified by DWR and other state agencies in the 20 percent by 2020 Water Conservation Plan; or - Use an alternate method that is to be developed by DWR before December 31, 2010. • Requires urban water suppliers to set on interim urban water use target and meet that target by December 31, 2015 and meet the overall target by December 31, 2020. • Requires DWR to cooperatively work with the California Urban Water Conservation Council to establish a task force that shall identify best management practices to assist the commercial, industrial and institutional sector in meeting the water conservation goal. • Requires agricultural water suppliers to measure water deliveries and adopt a pricing structure for water customers based at least in part on quantity delivered, and, where technically and economically feasible, implement additional measures to improve efficiency. • Requires agricultural water suppliers to submit Agricultural Water Management Plans beginning December 31, 2012 and include in those plans information relating to the water efficiency measures they have undertaken and are planning to undertake. • Makes ineligible For state grant funding any urban or agricultural water supplier who is not in compliance with the requirements of this bill relating to water conservation and efficient water management. • Requires DWR to, in 2013, 2016 and 2021, report to the Legislature on agricultural efficient water management practices being undertaken and reported in agricultural water managemi nt plans. • Requires DWR, the State Water Resources Control Board, and other state agencies to develop a standardized water information reporting system to streamline water reporting required under the law. 2009 COMPREHENSIVE WATER PACKAGE (iim) - 5 066 SENATE BILL NO. 8 WATER DIVERSION AND USE / FUNDING SB 8 improves accounting of the location and amounts of water being diverted by recasting and revising exemptions from the water diversion reporting requirements under current law. Additionally, this bill appropriates existing bond funds for various activities to benefit the Delta ecosystem and secure the reliability of the state's water supply, and to increase staffing at the State Water Resources Control Board to manage the duties of this statute. Specifically, this bill: • Provides a stronger accounting of water diversion and use in the Delta by removing an exemption from reporting water use by in -Delta water users. • Redefines the types of diversions that are exempt from the reporting requirement. • Assesses civil liability and monetary penalties on diveriers who fail to submit the required reports, and for willful misstatements, and/or tampering with monitoring equipment. • Appropriates $546 million from Propositions 1E.and 84, in the following manner: $250 million (Proposition 84) for integrated regional water management grants and expenditures for projects to reduce dependence on the Delta; $202 million ($32 million Proposition 84 and $170 million Proposition 1 E) for flood protection projects in the Delta to reduce the risk of levee failures that would jeopardize water conveyance; $70 million (Proposition 1 E) for stormwater management grants; and $24 million (Proposition 84) for grants to local agencies to develop or implement Natural Community Conservation plans. • Appropriates $3.75 million from the Water Rights Fund to the State Water Resources Control Board for staff positions to manage the duties in this bill relating to water diversion reporting, monitoring and enforcement. 6 - 2009 COMPREHENSIVE WATER PACKAGE (11/09) 067 he Safe, Clean, and Reliable Drinking Water Supply Act of 2010 is an $11.14 billion general obligation bond proposal that would provide funding for California's aging water infrastructure andfor projects andprograms to address the ecosystem and water supply issues in California. The bond is comprised of seven categories, including drought relief, water supply reliability, Delta sustainability, .statewide water system operational improvement, conservation and watershed protection, groundwater protection and water quality, and water recycling and water conservation. Total: $11.14 billion Drought Relief - $455 million. This funding will be available for local and regional drought relir reduce the impacts of drought conditions, including the impacts of reductions to Delta diversions. include water conservation and water use efficiency projects, water recycling, groundwater clear water supply reliability projects including local surface water storage projects that provide emerc supplies and water supply reliability in drought conditions. Funds will be available to disadvanto and economically distressed areas experiencing economic impacts from the drought for drought and programs. Funds will also be available to improve wastewater treatment facilities to protect or prevent contamination of surface water or groundwater resources. Delta Sustainability - $2.25 billion. This bond will provide funds for projects to assist in maintair restoring the Delta as an important ecosystem. These investments will help to reduce the seismic r supplies derived from the Delta, protect drinking water quality and reduce conflict between water and environmental protection. Conservation and Drought Relief Watershed Protection $455 million Water Recycling and Water Conservation $1.25 billion Groundwater Protectic and Water Quality $1 billion ustainabiliy ?5 billion Water $1 2009 COMPREHENSIVE WATER projects that Projects will p and other ncy water ad communities lief projects iter quality ring and isk to water management 068 E (I1/o9) - 7 Water Supply Reliability - $1.4 billion. These funds would be in addition to prior funding provided by Proposition 50 and Proposition 84 and would support the existing Integrated Regional Water Management (IRWMI program. (RWM is designed to encourage integrated regional strategies for management of water resources that will protect communities from drought, protect and improve water quality and improve local water security by reducing dependence on imported water. The bond would provide funds for water supply projects in 12 regions throughout the state and would also be available for local and regional conveyance projects that support regional and interregional connectivity and water management. North Coast $45,000,000 San Francisco Bay $132,000,000 Central Coast $58,000,000 Los Angeles subregion $198,000,000 Santa Ana subregion $128,000,000 San Diego subregion $87,000,000 Sacramento River $76,000,000 Son Joaquin River $64,000,000 Tulare/Kern $70,000,000 North/South Lahontan $51,000,000 Colorado River Basin $47,000,000 Mountain Counties Overlay $44,000,000 Interregional Projects $50,000,000 Statewide Water System Operational Improvement - $3.0 billion. This funding would be dedicated to the development of additional water storage, which, when combined with other water management and flood system improvement investments being made, can increase reliability and offset the climate change impacts of reduced snow pack and higher flood flows. Eligible projects for this funding include surface storage projects identified in the CALFED Bay -Delta Record of Decision; groundwater storage projects and groundwater contamination prevention or remediation projects that provide water storage benefits; conjunctive use and reservoir reoperation projects; local and regional surface storage projects that improve the operation of water systems in the state and provide public benefits. The bond provides that water suppliers who would benefit from new storage will pay their share of the total costs of the project while the public benefits of new water storage can be paid for by this general obligation bond. Groundwater Protection and Water Quality - $1 billion. To protect public health, funds will be available for projects to prevent or reduce the contamination of groundwater that serves as a source of drinking water. Funds will also be used to finance emergency and urgent actions on behalf of disadvantaged communities and economically distressed areas to ensure that safe drinking water supplies are available to all Californians. 8 - 2009 COMPREII FNSIVE. WATFR PACKAGE (11/09) 069 Water Rec, advancedi sources. F plans, prof Conservati program, f including c improveme NOVEMBER 2009 (cling and Water Conservation - $1.25 billion. Funds will be available for water recyclii reatment technology projects that recycle water or that remove salts and contaminants rods will also be available for urban and agricultural water conservation and water use !cts, and programs. These funds will assist urban water users in achieving water conserve on and Wate{shed Protection - $1.785 billion. Funds will be available, through a 50150 )r ecosystem and watershed protection and restoration projects in 21 watersheds through Dastal protection, wildlife refuge enhancement, fuel treatment and forest restoration, fish it and obsolete dam removal. Coastal counties and watersheds $250,00_0,000 fr( e f Wildlife Conservation Board $365,000,000 San Gabriel and Lower Los Angeles River watersheds $75,000,0001 Santa Monica Mountains Conservancy $75,000,0001 Baldwin Hills Conservancy $20,000,0001 _ Santa Monica Bay watershed_ $25,000,0001 Coastal salmonid restoration $50,000,0001 Lake Tahoe watershed restoration $100,000,000 _ Farmland Conservancy Program $20,000,0001 River parkways and urban streams restoration $50,000,0001 Sierra Nevada Conservancy $75,000,0001 Salton Sea restoration $100,000,006 Watershed climate change impacts and adaptation $10,000,0001 Watershed education facilities $30,000,0001 _ Waterfowl habitat preservation $10,000,0001 Forest restoration $100,000,000 ___Klamath dam removal $250,000,000 Siskiyou County economic development offset $20,000,0001 Agricultural water use efficiency research $50,000,000 Ocean protection $50,000,000 CVPIA fish passage improvement $60,000,000 2009 COMPREHENSIVE WATER PACKA g and m water fficiency ition targets. cost share Dut the state, assage 070 E (11/09) - 9 rNow- so qf TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA BOARD _ FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES DATE: NOVEMBER 23, 2009 SUBJECT: ASSEMBLY BILL 920 — REQUIREMENT TO BUY EXCESS ENERGY Assembly Bill 920 was signed into law by the Governor on October 11, 2009. SOLAR/WIND It provides that California electrical corporations (IOU's) and publicly owned utilities (POU's) like Azusa Light & Water establish rates for the purchase of excess solar or wind energy, if any, from retail customers within their service areas. "Excess energy" is the amount of annual energy produced by a customer with a solar/wind generating facility which exceeds the electricity consumption by that customer during that year from the local electric utility. Existing customers with solar/wind installations (3 residential and one commercial locations locally) must be notified that they have the option to (i) carry forward any excess generation toga future year to be credited as "net energy" or (ii) receive a payment for that energy at a rate established by a POU's local regulatory authority. The notification by the POU must be made on or before January 31, 2010. The bill requires the Azusa Utility Board to adopt, by January 1, 2011, a surplus energy compensation valuation to compensate a customer who might have excess solar/wind energy for the prior year. The price to be paid for excess generation shall provide the customer -generator "just and reasonable" compensation for the value of excess electricity while leaving other ratepayers unaffected. With respect to Renewable Energy Credits (RFC's), AB 920 provides that the REC's associated with excess generation purchased by an electric utility shall vest with the utility. REC's associated with all other customer solar/wind generation shall be owned by the customer. rAsan aside, SB 32 was also signed into law during this legislative session. This bill provides that an tric utility in California must purchase solar/wind energy from its customers from facilities located ts service area in any amount up to 3 megawatts. Such energy would be priced similar to that uired by AB 920 for excess energy. Electric utilities with less than 75,000 customers are exempt. Prepared by: George F. Morrow, Director of Utilities 071 TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES DATE: NOVEMBER 23, 2009 ce�� SUBJECT: DAYLIGHT SAVING TIME AND ENERGY SAVINGS At the October 27 Utility Board meeting, one of the Boardmembers inquired as to the energy savings that results from Daylight Saving Time (DST) and whether there was a possibility of Azusa not reverting to standard time in order to promote energy savings. On the question of energy savings, the literature contains mixed conclusions although it appears that the United States, as a nation, likely enjoys a minor amount of energy savings (perhaps 1%) with, cooler areas saving more than wanner areas because of the use of air conditioning in the evenings (U.S. Department of Transportation in 1970's). A May 2007 study by the California Energy Commission, however, suggests that DST has little or no effect on energy consumption in California (Publication CEC-200-2007-04) and it may actually increase overall energy consumption in the state. Studies also indicate that Daylight Saving Time may improve traffic safety, thereby saving lives and reducing injuries, and reduces crime as a result of the extra hour of daylight i the evening when people may be out completing errands and other chores. The Uniform Time Act of 1966 (15 U.S. Code Section 260a) was signed into law on April 1'2, 1966. It mandates Daylight Saving Time throughout the United States from the last Sunday in April until the last Sunday of October. Any state may be exempt from DST by passing a state law. One of the anecdotes that was instrumental in getting this law passed was that in one 35 mile stretch between Ohio and West Virginia, the clock changed 7 times! Several amendments have been made to the Uniform Time Act, the final one Policy Act of 2005 which specifies that DST begin on the second Sunday of first Sunday of November. Prepared by: George F. Morrow, Director of Utilities the Energy and on the 072 Daylight Saving Time - Saving Time, Saving Energy Him? t, daylightsaving Saving Time, Saving Energy Daylight Saving Time: Its History and Why We Use It by Bob Aldrich, Webmaster California Energy Commission Spring forward -Fall back.... It's ingrained in our consciousness almost as much as the A -B -Cs or our spelling reminder of "i before e._." And it's a regular event, though perhaps a bit less regular than the swallows coming back to Capistrano. (Though that may even change with the impacts or global climate change.) Yet in those four words is a whole collection of trivia, facts and common sense about Daylight Saving Time. Beginning in 2007, Daylight Saving Time is extended one month and begins for most of the United States at 2 a.m. on the Second Sunday in March and lasts until 2 a.m. on the First Sunday of November. The new sear and sror: oar,,. were set in the Energy Policy Act of 2005. Daylight Saving Time - for the U.S. and its territories - Is NOT observed in Hawaii, American Samoa, Guam, Puerto Rico, the Virgin Islands, and by most of Arizona (with the exception of the Navajo Indian Reservation in Arizona). Indiana, which used to be split with a porton of the slate observing DST and the other half not, is now whole. In, the past, counties in the Eastem Time Zone portion of the stale did not observe DST. They were on standard Urns year round. A stale law was passed In 2005 that has the entire stale of Indiana observing DST beginning in April 2006. Indiana isn't the only slate that wanted to change daylight saving time - Califomia asked for federal "approval" to move to a "year-round" Daylight Saving Time in 2001-2002 because of its energy crisis. (See he1c v.) According to Mirimn i_0 t-u,de.ioe.,wijphy_ DST is also observed in about 70 countries: "Other parts of the world observe Daylight Saving Time as well. While European nations have been taking advantage of the time change for decades, in 1996 the European Union (EU) standardized an EU -wide "summertime period." The EU version of Daylight Saving Time runs from the las( Sunday in March through the last Sunday in October. During the summer, Russia's clocks are two hours ahead of standard Oma. During the winter, all 11 of 01e Russian time zones aro an hour ahead of standard time. During the summer months, Russian clocks are advanced another hour ahead. With their high latitude, the two hours of Daylight Saving Time really helps to save daylight. In the southern hemisphere where summer comes in December, Daylight Saving Time is observed from October to March. Equatorial and tropical countries (lower latitudes) don't observe Daylight Saving Time since the daylight hours are similarduring every season, so there's no advantage to moving clocks forward during the summer." Daylight Saving Time Saves Energy One of the biggest reasons we change our docks to S Daylight Saving Time (DST) is that It reportedly saves http: //www.energy. ca-gov/daylightsaving.btml Page 1 of 6 Change Your Clock & Change A Bulb! The National Fire Protection Association and the U.S. Consumer Product Safety Commission recommend that consumers change the battery in smoke and carbon monoxide detectors when we change the clocks for Daylight Saving Time. While youVe got the ladder out to check your smoke detectors, why not change a bulb? Switching to energy efficient bulbs in your ceding fixtures could save you $30 a year per bulb on .your electricity bill. Energy efficient lighting is particularly imporanl in the fall when Daylight Saving Time ends and the days are shorter. The latest generation of energy-saving lighting includes compact fluorescent bulbs that Min standard light sockets and provide pleasant, 11/15/2009 073 Daylight Saving Time - Saving Time, Saving Energy electricity. Newer studies are being done to see if that long -held reason Is true. In general, energy use and the demand for electricity for lighting our homes is uniform light. directly connected to when we go to bed and when we gel up. Bedtime for most of us is late evening through the year. When we go to bed, we tum off the Low-energy halogen or LED lighting is lights and TV. : becoming widely available. In the average home, 25 percent of all the electricity we use is for lighting and small appliances, such as TVs. VCRs and stereos. A good percentage of Visit;L•; r._rnr.tru<„_v:y or r,•.�+v '•.:,:? lighting energyconsumed b lighting and appliances occurs in One even) when Y 9 PP evening information on rebates and disc in families are home. 8y moving the clock ahead one hour, we can cut the amount of electricity we consume each day. Studies done in the 1970s by the U.S. Department of Transportation show that we trim.the entire country's electricity usag percent EACH DAY with Daylight Saving Time. Page 2 of 6 Zit] for its. by about one Daylight Saving Time "makes” the sun "set" one hour later and therefore reduces the period between sunset and bedtime lby one hour.. This means that less electricity would be used for lighting and appliances late in the day. We may use a bit more electricity in the morning because it is darker when we rise, but that is usually offset by the energy savings in the evening. We also use less electricity because we are home fewer hours during the "longer" days of spring and summer. Most people plan outdoor activities in the extra daylight hours. When we are not at home, we don't tum on the appliances and lights. A poll done by the U.S. Deparlmonl of Transportation indicated that Americans liked Daylight Saving Time because "there is more light in the evenings f can do more in the evenings." While the amounts of electricity saved per household aro small... added up they can be very large. In the winter, the aflernoon Daylight Saving Time advantage is offset by the morning's need for more lighting. In spring and fall, the advantage is less than one hour. So, Daylight Saving Time saves energy for lighting in all seasons of the year except for the four darkest months of the year (November, December, January and February) when the aftemoon advantage is offset by the need for lighting because of late sunrise. - A report was released in May 2001 by the California Energy Commission to see if creating an early DST or going to a year-round DST will help with the electricity problems the state faced in 2000-2002. You can download an Acrobat PDF copy of the staff report. Effactc of Davlfuht avfn [I�q 3SL nil nrgia Ef r�clrlclNUao ?ublic,iu::IJ !; 4ou1, (PDF file, pages, 5.2 megabytes). The study concluded that both Winter Daylight Saving Time and Summer -season Double Daylight Saving Time (DDST) vlould probably save marginal amounts of electricity- around 3,400 megawatt -hours (MWh) a day in winter (one-half of one percent of winter electricity use - 0.5%) and around 1,500 MWh a day during the summer season (one-fifth of one percent of summer -season use - 0:20%). Winter DST would cul winter peak electricity use by around 1,100 megawatts on average, or 3.4 percent. Summer Double DST would cause a smaller (220 MW) and more uncertain drop in the peak, but it could still save hundreds of millions of dollars because it would shift electricity use to low demand (cheaper) morning hours and decrease electricity use during higher demand hours. The Energy Commission has also published a new report tilled ih=Etieci of Dahiicn; Savinc Trnic �•�: Gal:fr•nly Clot: i.rrh• Fnncu.•+rnr;nn :•. 9rmrs;icur 9na:v_sir;., Publication # CEC-200-2007-004, May 27, 2007. (PDF file, 592 kilobytes) In May 2001, the California stale legislature sent a &>nale Jpint Resolution (SJRX2 1) to the White House and Congress isking that states be allowed to extend Daylight Saving Time year round. Congress and the White House did not act on the request bi cause of the world -changing events of September 11, 2001. No new legislation has been passed in California since then. A more recent study - in draft form as of February 2006 - by Matthew Koichen and Laura Grant of the University of Santa Barbara concludes that Daylight Saving Time in Indiana actually increases residential electricity demand. That study tilled "1,�;es f.•h•�ione S.h:in, Time Sa•w E&f�T T EvDJence From.,. Naha al Exnerun?nl it, h�cf=na", (PDF file) looked at the electricity use when porfionS of the slate finally started to observe DST. Before the new extended DST, portions of Indiana did not observe DST. Some have wondered whether this study would be true for the entire United States. Initial analysts by staff of the Califomi Energy Commission says a similar study may not yield the same results for California because: • The use of residential air conditioning is relatively low in Indiana, and the saturations are low. Where as California has high usage of air conditioning in the summer. • Heating use Is relatively high In Indiana, while It is relatively low in Califomia. • The diumal variation in temperature is low while California is very high. • Indiana is located in western edge of the same time zone as Maine and Florida, but the sun actually comes up at an earlier time than those other two stales. • Indiana's north -south location will affect how long the days are in the summer and might very well lead to different results in different areas. So, while the analysis Is of interest to Indiana, it's conclusions may not be lolally correct for California or the real of the country. Additional studies on electricity savings, the first national study since the 1970s. are being done by the U.S. Department of Energy, and more definitive results on DST on electricity use will be coming in the next year or two. But why do we have Daylight Saving Time to begin with? Who created the laws and regulations that we follow? http://www.energy.ca.gov/daylightsaying.hwil 1 11/15/2009 074' Daylight Saving Time - Saving Time, Saving Energy Page 3 of 6 History of Daylight Saving Time Daylight Saving Time is a change in the standard time of each time zone. Time zones were first used by the railroads in 1883 to standardize their schedules. According to the The Canadian Encycbpedia Plus by McClelland & Stewart Inc., Canada's ^[Sir Sandford] Fleming also played a key role in the development of a worldwide system of keeping time. Trains had made obsolete the old system where major cities and regions set clocks according to local astronomical conditions. Fleming advocated the adoption of a standard or mean lime and hourly variations from that according to established time zones. He was instrumental in convening an International Prime Meridian Conference in Washington in 1884 at which the system of international standard time -- still in use today -- was adopted." In 1918, the U.S. Congress made the U.S. rail zones official under federal law and gave the responsibility to make any changes to the Interstate Commerce Commission, the only federal transportation regulatory agency at the time. When Congress created the Department of Transportation in 19%. it transferred the responsibility for the time laws to the new department. The American law by which we tum our clock forward in the spring and back in the fall is known as the Uniform Time Act of 1966. The law does not require that anyone observe Daylight Saving Time; all the law says is that if we are going to observe Daylight Saving Time, it must be done untomlly. Daylight Saving Time has been around for most of this century and even earlier. Benjamin Franklin, while a minister to France, first suggested the idea in an essay tilled "An Eu;norrncs� i_..g;t • The essay was first published In the Journal de Paris in April 1784. But it wasn't for more than a century later that an Englishman, William Willett, suggested It again in 1907. Willett was reportedly passing by homes where the shades were down, even though the sun was up. He wrote a pamphlet called -The Waste of Daylight" because of his observations. Willett wanted to move the clock ahead by BO minutes in four moves of 20 minutes each during the spring and summer months. In 1908, the British House of Commons rejected advancing the clock by one hour in the spring and back again in the autumn. Willett's idea didn't die, and it culminated in the introduction of British Summer Time by an Act of Parliament in 1916. Clocks were put one hour ahead of Greenwich Mean Time (GMT) during the summer months. England recognized that the nation could save energy and changed their docks during the first World War. In 1918, in order to conserve resources for the war effort, the U.S. Congress placed the country on Daylight Saving Time for the remainder of WW I. It was observed for seven months in 1918 and 1919. The law, however, proved so unpopular that it was later repeated. When America went to war again, Congress reinstated Daylight Saving Time on February 9, 1942. Time in the U.S. was advanced one hour to save energy. It remained advanced one hour forward year-round until September 30, 1946. In England, the energy saving aspects of Daylight Saving were recognized again during WWII. Clocks were changed two hours ahead of GMT during the summer, which became known as Double Summer Time. But it didn't stop with the summer. During the war, clocks remained one hour ahead of GMT though the winter. From 1945 to 1966, there was no U.S. law about Daylight Saving Time. So, stales and localities were free to observe Daylight Saving Time or not. This, however, caused confusion -- especially for the broadcasting industry, and for trains and buses. Because of the different local customs and laws, radio and TV stations and the transportation companies had to publish new schedules every lime a slate or lawn began or ended Daylight Saving Time. By 1966, some 100 million Americans were observing Daylight Saving Time through their own local laws and customs. Congress decided to step In and the confusion and establish one pattern across the country. The Uniform 'i in_e Acl=f I?66 (15 U.S. Code Section 26Da) created Daylight Saving Time to begin on the last Sunday of April and to end on the last Sunday of October. Any area that wanted to be exempt from Daylight Saving Time could do so by passing a local ordinance. The law was amended in 1986 to begin Daylight Saving Time on the first Sunday in April. Embargo Changes Daylight Saving Time Following the 1973 Arab Oil Embargo, Congress put most of the nation on extended Daylight Saving Time for two years in hopes of saving additional energy. This experiment worked, but Congress did not continue the experiment in 1975 because of opposition — mostly from the farming stales. In 1974, Daylight Saving Time lasted len months and lasted for eight months in 1975, rather than the normal six months (then, May to October). The U.S. Department of Transportation — which has jurisdiction over Daylight Saving Time in the U S. -- studied the results of the experiment. It concluded: Daylight Saving Time saves energy. Based on consumption figures for 1974 and 1975, The Department of Transportation says observing Daylight Saving Time in March and April saved the equivalent in energy of 10.000 barrels of oil each day — a total of 600,000 barrels in each of those two years. Califomia Energy Commission studies confirm a saving of about one percent per day. http://www.enei,gy.o&gov/daylightsaving-htrn] 11/15/2009 075 Daylight Saving Time - Saving Time, Saving Energy • Daylight Saving Time saves lives and prevents traffic injuries. The earlier Daylight Saving Time allowed i home from work and school in daylight, which is much safer than darkness. And except for the months of No, February, Daylight Saving Time does not increase the morning hazard for those going to school and work. • Daylight Seeing Time prevents crime.,Because people get home from work and school and complete more in daylight, Daylight Saving Time also seems to reduce people's exposure to various crimes, which are more than in light. Page 4 of 6 iople to travel through s and chores n in darkness The Department of Transportation estimated that 50 lives were saved and about 2,000 injuries were prevented in March and April of the study years. The department also estimated that $28 million was saved in traffic accident costs. A brand new study in 2007 seems to confirm that DST helps prevent accidents. The studywas published in February 2007 in The B.E. Journal of Economic Analysis and Policy (Vol. 7, Issue 1, Article 11) and is tilled "Strof aiLd F.un Lir'ecL c,l Daylia!'i lime vp I aF�l :u!on,cbiL: Gnashes" The abstract of the study by Neeraj Sood with the RAND corporation and Arkkadipta Ghosh of the Pardee RAND Graduate School's says: "Prior literature suggests that Daylight Saving Time (DST) can both increase the risk of automobile crashes in the short run and decrease the risk of automobile crashes in the long run. "We use 28 years (1976-2003) or automobile crash data from the United Slates, and exploit a natural experiment arising from a 1986 federal law that changed the time when slates switched to DST to identify the short run and long run effects of DST on automobile crashes. "Our findings suggest that: 1. DST has no significant detrimental effect on automobile crashes in the short run; 2. DST significantly reduces automobile crashes in the long run with an 8-11% fall in crashes involving pedesinans, and a6-10% fall in crashes for vehicular occupants in Bre weeks after the spring shift to DST " Congress and President Reagan Change Daylight SavingTime Daylight Saving Time was changed slightly in 1986 when President Reagan signed Public Law 99-359. It changed Daylight Saving Time from the last Sunday in April to the first Sunday in April. No change was made to the ending date of the last Sunday in Oclobar. This was done ostensibly to conserve energy during the month of April. Adding the entire month orApril is estimated to s I we nationwide about 300,000 barrels of oil each year. I Changed Again in 2007 The Energy Policy Act of 2005 was passed by Congress and then signed into law by President George W. Bush on August 8, 2005. Under the new law, Dwight Saving Time begins three weeks earlier than previously, on the second Sunday in March. DST is extended by one week to the firs! Sunday in November. The new starl and stop period began in March 2007. The original House bill would have added two full months, one in the spring and another N the fall. According to soma U.S. senators, fanners complained that a two-month extension could adversely affect livestock, and airline officials said it would have complicaled scheduling of international flights. So, a compromise was worked out to start DST on the second Sunday in March and end the first Sunday in November, Enactment of the Energy Policy Act or 2005 did not altar the rights of the states and territories to choose not to observe Daylight Saving Time. The question remains, however, whether the earlier DST will save additional energy. The California Energy Commission's Demand Analysis Office published a report UUed The chief o' Fsdv Prn:e n„ ,'.aLfrrniacw(e :'i ai r Cu„"^�.unr.fion- AI S:_�illgtl[a�i Commission publication # CEC-200.2007-004, in May 2007. (PDF Ole, 592 kilobytes). It concludes that, "The extension of Daylight Saving Time (DST) to March 2007 had little or no effect on energy wnsumption in California, according to a statistical analysis. The most likely approximation is a 0.2% decrease during these three weeks. Given thelnatural variation in consumption, however, the margin of electricity use change associated with early DST could have been one and a halflpercent of increase or decrease without such effects showing up statistically. Formally, weather- and lighting-conecled savings from DST were estimated at 0.18% with a 95% confidence interval ranging from 1.5% savings to a 1.4% increase." I Seize the Daylight A book all about DST was published in 2005 called Seize the Daylight: The Curious and Contentious Story of Daylight Saving Time by Dr. David Prerau. ll� It's published by Avalon Publishing I Thunder's Mouth Press - ISBN: 1-56025.655-9. There's also a website about the book at www =eget a—tLa r'i•:l cppi Twofun quotes from the book: '.' "An extra yawn one morning in the springtime, an extra snooze one night in the autumn is all that W .' http://www.eneigy-ca.gov/d-avlightsaying,html I 11/15/2009 a Daylight Saving Time - Saving Time, Saving Energy we ask in return for dazzling gifts. We borrow an hour one night in April; we pay it back with golden interest five months later." -Winston Churchill Page 5 of 6 "II seems very strange ... that in the course of the world's history so obvious an improvement should never have been adopted.... The next generation of Brushers would be the better for having had this extra hour of daylight in their childhood" -Sir Arthur Conan Doyle - More About TIME Many countries observe Daylight Saving Time. But the beginning and ending dales are often different than those used in the United States. The book, The Official Airline Guide, is one of the best sources of information about whether or not Daylight Saving Time is observed in another country. You can find out more information about Daylight Saving Time by writing TIME, do Office of General Counsel, U.S. Department of Transportation, Washington, D.C. 20590. Another Web site about DST can be found at: blin'::•ra v+sY,.:rd:R:E_s rri,.l.o tom. yin-+;nrx. which is a public service of the Institute for Dynamic Educational Advancement (IDEA) by WebExhiNts. as a complimenl to The U.S. Naval Observatory's Web site gives the current time for all time zones, and It's free. Go to: _;,,' ••.d,:: na••;_I'c:I. Isgi'i-r,rr ,d. - - Note, however, that with Internet traffic and delays on servers and browsers, that the coned time may be off a few seconds or more. For the correct time of the day, you can call the Department of Transportation at 900410 -TIME. There is a charge for the call. Or check with your local phone company to see if there is a local dial up time service such as "POP -CORN." Some phone companies also have a local number you can call for the current correct local time. Call directory assislance in your area for the number to call for the correct time. One question people always ask about Daylight Saving Time regards the time that restaurants and bars close. In many slates, liquor cannot be served after 2 a.m. But at 2 a.m. in the fall, the time switches back one hour. So, why can't they some for that additional hour in October? The answer: the bars do not close at 2 a.m. but actually at 1:59 a.m. So, they are already closed when the time changes from Daylight Saving Time into Standard Time. Final observations: 1. It is Daylight Saving (singular) Time, NOT Daylight SavingS Time. We am saving daylight, so 11 is singular and not plural. 2. Daylight Saving Time differs in other areas of the word. Consult a good encyclopedia for additional information about DST in your own country. Or check out ""World Time Zone" or the'WorldTime" Web pages at: wvnv raod0iims�?rte xomldacliahkh{i ni vrodJ l`.n --rp 3. There's an excellent historyof time -keeping at':Valk TI_rcuoi-Two - The Evolution of Time Measurement through the Ages 4. Thanks for all your e-mail! We are amazed that this page gets —=much attention, usually twice a year. While we appreciate the e- mail, we can not answer a lot of your specific questions. For example, we do not have the ability to tell you whether DST was practiced on a specific date or by a specific region/statercity/town in the past. Check out microfilm or old printed copies of your local newspapers around early April and late October of the years you are Interested in. They will usually have stories or reminders about setting your clock. Those papers are a good indicator. Your [mat libraries should be able to help you with the microfilmed or printed copies of the old newspapers. 5. If you are interested in changing DST, either abolishing it or having it extended year-round....please do not contact the California Energy Commission. We have no jurisdiction over DST. Instead, contact your stale's elected officials or your 'm•e�.>i„,3l : 1,_•taG: You can also contact the U.S. Department of Transportation in Washington, D.C. A final note, especially in that one of my uncles was a fire chief In Connecticut, my step son is a firefighter, and one of my colleagues has a family member who is the former fire chief In Sacrame ito...with the change of Daylight Saving Time, It's a good time to change the batteries in your smoke detector(s). Changing the batteries twice a year will make sure that the detector(s) will be working in case there is a fire. Some inexpensive detectors also need to be replaced completely about every five years or so. Also make sure you dispose of the old batteries and alarms properly. Check with your local solid waste disposal company or waste management board to find out the best way to dispose of old batteries and the alarms. Daylight Saving Time In the United States, 1990 Through 2015 http.//www.energy.ca.gov/daylightsaving.htmi 7.1/15/2009 077 Daylight Saving Time - Saving Time, Saving Energy Page 6 of 6 r, spring, move dxks fomara one hoer ir. 1811, tum decks backw d are hw, I—, If:1.^�i jlll(1l irl•i'Orlll rLclSl �r:iP (i(�y til_.,i:hN/ 1990 April 1 October 28 1991 April 7 October 27 1992 April 5 October 25 1993 April October 31 1994 April 3 October 30 1995 April 2 October 29 1996 April October 27 1997 April 6 October 26 1998 April 5 October 25 1999 April October 31 2000 April October 29 2001 April October 28 2002 April 7 October 27 2003 April October 26 2004 April October 31 2005 April October 30 2006. April October 29 DST Start and End date changes beginning March 2007 D3-'=oy ins 3 a.:n. of": Inde ycar _u,nr! 9nrdnj fn in Nreerotncr) 2007 March 11 November 4 2008 March 9 November 2 2009 March 8 November 1 2010 March 14 November 7 2011 March 13 November 6 2012 March 11 November 4 2013 March 10 November 3 2014 March 9 November 2 2015 March 8 November 1 Reprinting of portions of entire document is allcnved for non-profit, educational purposes. All other rights reserved. O 1995-2009 Bob Aldrich L:enU ",.n& of U;;e � Prsat:: Pri Ic i� P:,jons :'endinn end 7-,aonus mr Pnblic Farinr,Mion Copyright ® 1994-2009 California Energy Commission, All Rights Reserved Stale of California, Arnold Schwarzenegger, Governor Last Modified: 0421/09 http://www.energy.ca.gov/daylightsaving.htiml 11/15/2009 About Daylight Saving Time - History, rationale, laws & dates > Got a minute? We're testing anew way to show you all this information in svokr little floating "clouds". Check out "node" view > Mvreum nore credkr Here, you can learn about the history of daylight saving (or as some may say, daylight shifting), the standardization of time, and when regions around the globe spring ahead and fall back. Enjoy! Next > Page: 12 215 6 2 8 �r ebuudn.,f ,;.v lPl:.n-m.e6�ehiti:•. nc"<r,•'r, http://www.webexhibits.oTg/daylightsaving/index.html Page 1 of 1 11/10/2009 079 Sole: Pal;ea You are now viewing Pages. Click Nodes for cloud view. Introduction When we change our clocks hst as sunflowers turn their heads to catch every sunbeam, so Incidents and anecdotes too have we discovered a simple way to get more from our Rationale& sun, original idea Opposition & ubstacles Daylight Saving Time gives us the opportunity to enjoy sunny summer evenings by moving our clocks an hour forward in the spring. First there was Standard time Yet, the implementation of Daylight Saving Time has been fraught with I'Arty adoption and U.S. law controversy since Benjamin Franklin conceived of the idea. Even today, regions and countries routinely change their approaches to Daylight Saving Worldwide me. Ti - daylight saving _ > Got a minute? We're testing anew way to show you all this information in svokr little floating "clouds". Check out "node" view > Mvreum nore credkr Here, you can learn about the history of daylight saving (or as some may say, daylight shifting), the standardization of time, and when regions around the globe spring ahead and fall back. Enjoy! Next > Page: 12 215 6 2 8 �r ebuudn.,f ,;.v lPl:.n-m.e6�ehiti:•. nc"<r,•'r, http://www.webexhibits.oTg/daylightsaving/index.html Page 1 of 1 11/10/2009 079 Daylight Saving Time - When do we change our clocks? vicw•az: \'0d1Y pages You are now viewing Pages. Click Nodes for doud view, lntroduction When we change our When we change our clocks clocks avds > Tryout a new way to see information. Learn about Daylight Saving Time in little floating Nux,vu rmre Go to "node' view>> ercdin Spring forward, Fall back During DST, clocks are turned foiwa rd an hour, effectively moving an hour of daylight from the morning to the evening. Most of the United States begins Daylight Saving Incidents and anecdotes Time at 2:oo a.m. on the second Sunday in March and reverts to standard time on the first Sunday in Rationale & European original idea November. In the U.S., each time zone switches at a States different time. Opposition & _ obstacles Summertime Summertime, In the European Union, Summer Time begins and First there was ends at r.00 a.m. Universal Time (Greenwich Mean Standard time Year, at x a.m. Time). It begins the last Sunday in March and ends Early adoption the last Sunday in October. In the EU, all time zones and U.S. law April October 3o change at the same moment. Worldwide zoo6 daylight saving > See more information about elsewhere in the world. avds > Tryout a new way to see information. Learn about Daylight Saving Time in little floating Nux,vu rmre Go to "node' view>> ercdin Spring forward, Fall back During DST, clocks are turned foiwa rd an hour, effectively moving an hour of daylight from the morning to the evening. Spelling and grammar The official spelling is Daylight Saving Time, not Daylight SavingS Time. Saving is used here as a verbal adjective (a participle). It modifies time and tells us more about its nature; namely, that it is characterized by the activity of saving daylight. It is a saving daylight kin of time. Because of this, it would be more accurate to refer to DS'r as daylight-saving time. Similar examples would be a mind-expanding book or a man-eating tiger. Saving is used in the same way saving a ball game, rather than as a savings account. Nevertheless, many people feel the word savings (with an V) flows more mellifluously off the http://www.webexhibits.org/daylightsavingfb2,html Page 1 of 3 - i sa.mli 11/10/2009 l:l United 0 European States Union Summertime Summertime, DST Begins DST Ends period begins period ends Year, at x a.m. at 2 a.m. at a.m. UT at la.m. UT 2005 April October 3o March 27 October 30 zoo6 April z October z9 March 26 October 29 zoo? March u November 4 March 25 October 28 2008 March 9 November z March 3o October z6 2009 March8 Novembers March 29 October25 2010 March t4 November 7 March z8 October 3s zon_ March s3 Novemberb March 27 October 3o 2m2 March a November q March 25 October o8 _ US olctdator valid s976rzog9; EU s996-zo99. Change withup/down key. Spelling and grammar The official spelling is Daylight Saving Time, not Daylight SavingS Time. Saving is used here as a verbal adjective (a participle). It modifies time and tells us more about its nature; namely, that it is characterized by the activity of saving daylight. It is a saving daylight kin of time. Because of this, it would be more accurate to refer to DS'r as daylight-saving time. Similar examples would be a mind-expanding book or a man-eating tiger. Saving is used in the same way saving a ball game, rather than as a savings account. Nevertheless, many people feel the word savings (with an V) flows more mellifluously off the http://www.webexhibits.org/daylightsavingfb2,html Page 1 of 3 - i sa.mli 11/10/2009 l:l Daylight Saving Time - When do we change our clocks? Page 2 of 3 tongue. Daylighr Savings Time is also in common usage, and can be found in dictionaries. Adding to the confusion is that the phrase Daylight.Saving Time is inaccurate, since no daylight is actually saved. Daylight Shifting Time would be better, and Daylight Time Shifting more accurate, but neither is politically desirable. When in the morning? In the U.S., clocks change at z:oo a.m. local time. In spring, clocks spring forward from 1:59 a.m. to 5:oo a.m.; in tall, clocks fall back from 1:59 a.m. to no a.m. In the EU, clocks change at t:oo a.m. Universal Time. In spring, clocks spring forward from 12:59 a.m. to z:oo a.m.; in fall, clocks fall back from 3:59 a.m. to voo a.m. In the United States, Daylight Saving Time commences at z:oo a.m. to minimize disruption. However, many states restrict bars from serving alcohol between z:oo a.m. and 6:oo a.m. At z:oo a.m. in the fall, however, the time switches back one hour. So, can bars serve alcohol for that additional hour? Some states claim that bars actually stop serving liquor at 1:59 a.m., so they have already stopped serving when the time reverts to Standard Time. Other states get solve the problem by saying that liquor can be served unril'two hours after midnight." In practice, however, many establishments stay open an extra hour in the fall. In the U.S., z:oo a.m. was originally chosen as the changeover time because it was practical and minimized disruption. Most people were at home and this was the time when the fewest trains were running. It is late enough to minimally affect bars and restaurants, and it prevents the day from switching to yesterday, which would be confusing. It is early enough that the entire continental U.S. switches by daybreak, and the changeover occurs before most early shift workers and early churchgoers are affected. Some U.S. areas For the U.S. and its territories, Daylight Saving Time is NOT observed in Hawaii, American Samoa, Guam, Puerto Rico, the Virgin Islands, the Commonwealth of Northern Mariana Islands, and Arizona. The Navajo Nation participates in the Daylight Saving Time policy, even in Arizona, due to its large size and location in three states. A safety reminder Many fire departments encourage people to change the batteries in their smoke detectors when they change their clocks because Daylight Saving Time provides a convenient reminder. "A working smoke detector more than doubles a person's chances of surviving a home fire,' says William McNabb of the Troy Fire Department in Michigan. More than 90 percent of homes in the United States have smoke detectors, but one-third are estimated to have dead or missing batteries. > For information about world calendars, see Calendars through the Ages. Previous Next Pager 2,3456 Z8 http://www.webexhibits.org/daylightsavingfb2.html 11/10/2009 M Daylight Saving Time - Incidents and Anecdotes vlew.r: Sud, Pales You are now vieving Pages Glick Nodes for cloud view. innoduction - Whenwechange Incidents and Anecdotes our clocks Incidents and Throughout its long and fascinating history, daylightsoving time has had a remarkable impact on a anecdotes wide variety of unexpected areas- from Middle East terrorism to feuding twin cities, voter turnout to Rationale& time -change riots, radio stations to trickor-treaters, and opera performances to manslaughter - original idea charges. Opposition& Draft Status, Vietnam War obstacles First there was A man, born just after 12:00 a.m. DST, circumvented the Vietnam Standard time War draft by using a daylight saving time loophole. When Early adoption drafted, he argued that standard time, not DST, was the official and U.S, law time for recording births in his state of Delaware in the year of his Worldwide birth. Thus, under official standard time he was actually born on daylight saving the previous day --and that day had a much higher draft lottery number, allowing him to avoid the draft. Bookv mu.eua, srare Bombing Thwarted cndjr: In September 1999, the West Bank was on Daylight Saving Time while Israel had just switched back to standard time. West Bank terrorists prepared time bombs and smuggled them to their Israeli counterparts, who misunderstood the time on the bombs. As the bombs were being planted, they exploded--onc hour too early -- killing three terrorists instead of the intended victims—two busloat of people. Halloween Trick -or -Treaters Through 2006, Daylight Saving Time in the U.S. ended a few days before Iialloween (October 3n). Children's pedestrian deaths are four times higher on Halloween than on any other night of the year. A new law to extend DST to the first Sunday in November took effect in 2oo7, with the purpose of providing tricle-or- treaters more light and therefore more safety from traffic accidents. For decades, candy manufacturers lobbied fora _ Daylight Saving Time extension to Iialloween, as many of the young brick -or -treaters gathering candy are not allowed out after dark, and thus an added hour of light means a big holiday treat for the candy industry. Anecdotally, the 2007 switch may not have had much effect, as it appeared that children simply waited until dark to go trick -or -treating. Chaos of Non -Uniform DST Widespread confusion was created during the 195os and 196os when each US. locality could start and end Daylight Saving Time as it desired. One year, 23 different pairs of DST start and end dares were used in Iowa alone. for exactly five weeks each year, Boston, New York, and Philadelphia wen not on the same time as Washington D.C., Cleveland, or Baltimore --but Chicago was. And, on one Ohio to West Virginia bus route, passengers had to change their watches seven times in 35 miles! The situation led to millions of dollars in costs to several industries, especially those involving transportation and communications. Extra railroad timetables alone cost the today's equivalent of over sit million per year. http: //www. webexhibits.org/daylightsaving/k.html Page 1 of 5 11/10/2009 Daylight Saving Time - Incidents and Anecdotes Page 2 of 5 Minneapolis -St. Pani The Minnesota cities of Minneapolis and St. Paul once didn't have " twin perspectives with regard to the clock. These two large cities are adjacent at some points and separated only by the Mississippi River at others, and are considered a single metropolitan area. In 1965, St. --s Paul decided to begin its Daylight Saving Time period early to conform to most of the nation, while Minneapolis felt it should follow Minnesota's state law, which stipulated a later start date. After intense inter -city negotiations and quarreling, the cities could not agree, and so the one-hour time difference went into effect, bringing a period of great time turmoil to the cities and surrounding areas. Time Change Riots Patrons of bars that stay open past 2:00 a.m. lose one hour of drinking time on the day when Daylight Saving Time springs forward one hour. This has led to annual problems in numerous locations, and sometimes even to riots. For example, at a "time disturbance" in Athens, Ohio, site of Ohio University, over i,000 students and other late night partiers chanted "Freedom," as they threw liquor bottles at the police attempting to control the riot. Radio Stations AM radio signals propagate much further at night than during the day. During daytime, more stations in neighboring areas can broadcast on thesame frequency without interferingwith each Ln - 1, other. Because of this situation, there are hundreds of stations licensed to operate only in the daytime. Daylight Saving Time can affect the bottom line of these daytime -only radio stations: during parts of the year it can cause the stations to lose their most profitable time of day --the morning _ drive time. The gain of an hour of daylight - and thus broadcast time - in the evening does not fully compensate for the morning loss. Voter Turnout in Elections Through 2006, the Daylight Saving Time period hasclosed on the last Sunday October, about a week before Election Day, which is held the Tuesday after the first Monday in November. The extension of Daylight Saving Time into November has been proposed as a way to encourage greater voter participation, the theory being that more people would go to the polls if it was still light when they returned home from work. The U.S. law taking effect in 2007 pushes the end of Daylight Saving Time to the first Sunday in November. In some years (2010, 2021, 2oz7, and 2032), this will fall after Election Day, giving researchers the opportunity to gauge its effect on voter turnout. Amtrak To keep to their published timetables, trains cannot leave a station before the scheduled time. So, when the clocks fall back one hour in October, all Amtrak trains in the U.S. that are running on time stop at 2:00 a.m. and wait one hour before resuming. Overnight passengers are often surprised to find their train at a dead stop and their travel time an hour longer than expected. At the spring Daylight Saving Time change, trains instantaneously become an hour behind schedule at 2:0o a.m., but they just keep going and do their best to make up the time. http://www.webexbibits.org/daylightsaving/k.html 11/10/2009 1 Daylight Saving Time - Incidents and Anecdotes Page 3 of 5 Opera rgpw- Among the first institutions affected by Daylight Saving Time was the Berlin Opera, on April 30, sq&-the evening when the clucks in t i Germany were to be set forward for the first time. At moo p.m., all ,` German clocks were to be set to midnight. The Berlin Opera, with wonderful forethought, changed its schedule and began its performance of Die Meistersinger an hour earlier than usual. Ibis allowed grateful audience members to be able to catch their customary trains home at the end of the performance. (All trains scheduled to depart between u:oo p.m. and midnight were immediately behind schedule when rr:oo p.m. changed to midnight, and so left as soon as possible. And trains scheduled to depart after midnight left the equivalent of one hour early. Violent Crime A study by the U.S. law Enforcement Assistance Administration found that crime was consistently less during periods of Daylight Saving Time than during comparable standard time periods. Data showed violent crime down to to 13 percent. It is clear that For most crimes where darkness is a factor, such as muggings, there are many more incidents after dusk than before dawn, so light in the evening is most welcome. Antarctica In Antarctica, there is no daylight in the winter and months of 24- hour daylight in the summer. But many of the research stations therestill observe Daylight Saving Time anyway, rosynchronizeT` with their supply stations in Chile or New Zealand. Manslaughter In California, a Chevrolet Blazer packed with teenagers struck the median of a street and nipped over, tragically killing one teen and injuring several others. The teen ,d'vra driver, fighting charges of felony vehicular manslaughter, claimed that the street was dangerously wet and unsafe due a lawn sprinkler system. The landscaper responsible for the computerized sprinklers testified that the sprinklers were set to come on more than fifteen minutes after the fatal accident. The outcome hinged on whether the sprinklers' timer had been adjusted for a recent Daylight Saving Time change, for without the DST adjustment, the sprinklers had close to 45 minutes to make the road slick. Indiana Indiana has long been a hotbed of Daylight Saving Time controversy. I listorically, the state's two western corners, which fall in the Central Time _ - Zone, observed DST, while the remainder of the state, in the Eastern Time zone, followed year-round Standard Time. An additional complication was that five southeastern counties near Cincinnati and Louisville unofficially observed DST to keep in sync with those cities. Because of the : ij'� s longstanding feuds over DST, Indiana politicians often treated the subject gingerly. In 1996, gubernatorial candidate Rex Early Firmly declared, "Some of my friends are For putting all of Indiana on Daylight Saving Time. Some are against it. And I always try to support my friends." In April zoos, Indiana legislators passed a law that implemented Daylight Saving Time statewide beginning on April 2, zoo6. http://www.webexhibits.org/daylightsaving/Ic.htm] 11/10/2009 084 Daylight Saving Time - Incidents and Anecdotes Page 4 of 5 Oil Conservation Fallowing the 1973 oil embargo, the U.S. Congress extended Daylight Saving Time to B months, rather than the normal six months. During that time, the U.S. Department of Transportation found that observing Daylight Saving Time in March and April saved the equivalent in energy of io,000 barrels of oil each day - a total of 600,000 ban'eis in each of those two yea rs. Likewise, in t986, Daylight Saving Time moved from the last Sunday in April to the fust Sunday in April. No change was made to the ending date of the last Sunday in October. Adding the entire month of April to Daylight Saving Time is estimated to save the U.S. about 3oo,000 barrels of oil each year. Beginning in 2007, Daylight Saving Time commenced on the second Sunday in March and ended on the first Sunday in November, thereby saving even more oil. Births and Birthdays While twins horn at n:55 p.m and 12:05 a.m. may have different birthdays, Daylight Saving Time can change birth order -- on paper, anyway. During the 6 m change in tike fall, one baby could be born at 1:55 a.m. and the sibling bom ten minutes later, at 1:05 a.m. In the spring, there is a gap when no babies are born at all: from 2:00a.m. to 3:on a.m. In November zoo7, Laura CIriuli of North Carolina gave birth to Peter at 1:32 am. and, 34 minutes later, to Allison. However, because Daylight Saving Time reverted to Standard Time at zoo a.m.. Allison was born at ro6 a.m. Amish Observance Amish communities in the United States and Canada are divided about whether or not to observe Daylight Saving Time. Although the Amish are generally known for leading simple lives without modern conveniences, practices vary from community to community. Likewise, some Amish communities observe DST, while others do not. In one county in Ohio, approximately to of the go Amish church districts opt out of DST (known as "fast time" or "English time; preferring to observe what they term "slow time." Stealing Time As with the U.S., Great Britain has had a checkered past with Daylight Saving Time (or Summer Time, as it is known there). In the early part of the zoth century, citizens protested at the change, using the slogan, "Give us back our stolen hour." Daylight Saving Donut In the U.S., Arizona doesn't observe Daylight Saving Time, but the Navajo Nation (parts of which are in three states) does. However, the I lopi Reservation, which is entirely surrounded by the Navajo Nation, doesn't observe DST. In effect, there is a donut -shaped area of Arizona that does observe DST, but the "hole" in the center does not. Previous Next > httpil/www.webexhibits.org/daylightsaving/k.html 11/10/2009 MM History & info - Daylight Saving Time idea from Benjamin Franklin Vie,+u: \bdis Pagrs You are now viewing Pages. Glick Nodes for cloud view. Introduction When we change our clocks I itcidents and Rationale and original idea anecdotes The main purpose of Daylight Saving Time (called "Summer Time" in many places in the world) is Rationale & to make better use of daylight. We change our clocks during the summer months to move an hour original idea of daylight from the morning to the evening. Countries have different change dates. Glide your Opposition & cursor over the map to we how changing the clocks affects different latitudes. obstacles First there was Standard time FA,ly adoption and U.S. law daylight —ing t iA nm. If you live near the equator, day and night are nearly the same length (u hours). But elsewhere on Barth, there is much more daylight in the summer than in the winter. The closer you live to the North or South Pole, the longer the period of daylight in the summer. Thus, Daylight Saving Time (Summer Time) is usually not helpful in the tropics, and countries near the equator generallydo not change their clocks. A poll conducted by the U.S. Department of Transportation indicated that Americans liked Daylight Saving Time because 'there is more light in the evenings / can do more in the evenings." A 1976 survey 0172 million citizens in New South Wales, Australia, found 68'% liked daylight saving. Indeed, some say that the primary reason that Daylight Saving Time is a part of many societies is simply because people like to enjoy long summer evenings, and that reasons such as energy conservation are merely rationalizations. According to some sources, DST saves energy. Studies done by the U.S. Department of Transportation in 1975 showed that Daylight Saving Time trims the entire country's electricity usage by a small but significant amount, about one percent each day, because less electricity is used for lighting and appliances. Similarly, in New Zealand, power companies have found that power usage decreases 7.5 percent when daylight saving starts. In the first week, peak evening consumption commonly drops around five percent. The rationale behind the 1975 study of DST -related energy savings was that energy use and the demand for electricity for lighting homes is directly related to the times when people go to bed at night and rise in the morning. in the average home, 25 percent of electricity was used for lighting and small appliances, such as TVs and stereos. A good percentage of energy consumed by lighting and appliances occurred in the evening when families were home. By moving the clock ahead one hour, the amount of electricity consumed each day decreased. In the summer, people who rose before the sun rises used more energy in the morning than if DST http://www.wcbexhibits.org/d-avligbtsaying/c.btn-d Page 1 of 4 11/10/2009 p 086 History & info - Daylight Saving Time idea from Benjamin Franklin Page 2 of 4 were not in effect. However, although 70 percent ofAmericans rose before 7:oo a.m., this waste of energy from having less sunlight in the morning was more than offset by the savings of energy that results from more sunlight in the evening. In the winter, the afternoon Daylight Saving Time advantage is offset for many people and businesses by the mornings need for more lighting. In spring and fall, the advantage is generally less than one hour. So, the rationale was that Daylight Saving'Time saves energy for lighting in all seasons of the year, but it saves least during the four darkest months of winter (November, December, January, and February), when the afternoon advantage is offset by the need for lighting because of late sunrise. In addition, less electricity was thought to be used because people are home fewer hours during the "longer" days of spring and summer. Most people plan outdoor activities in the extra daylight hours. When people are not at home, they don't turn on the appliances and lights. Although a 1976 report by the National Bureau of Standards disputed the 1975 U.S. Department of Transportation study, and found that DST -related energy savings were insignificant, the DO'r study continued to influence decisions about Daylight Saving Time. The argument in favor of saving energy swayed Indiana, where until zoos, only about 16 percent of counties observed Daylight Saving Time. Based on the DOTstudy, advocates of Indiana DST estimated that the state's residents would save over s7 million in electricity costs each year. Now that Indiana has made the switch, however, researchers have found the opposite to he the case. Scientists from the University of California, Santa Barbara, compared energy usage over the course of three years in Indiana counties that switched from year-round Standard 'I`ime to DST. They found that Indianans actually spent s8.6 million more each year because of Daylight Saving Time, and increased emissions came with a social cost of between s1.6 million and s5.; million per year. Commentators have theorized that the energy jump is due to the increased prevalence of home air conditioning over the past qo years, in that more daylight toward the end of a summer's day means that people are more likely to use their air conditioners when they come home from work. However, the Indiana research findings don't necessarily apply elsewhere. In cooler climates, for example, energy savings may well occur. In addition, some argue that there is a public health benefit to Daylight Saving Time, as it decreases traffic accidents. Several studies in the U.S. and Great Britain have found that the DST daylight shift reduces net traffic accidents and fatalities by close to one percent. An increase in accidents in the dark mornings is more than offset by the evening decrease in accidents. However, recent research indicates that pedestrian fatalities from cars soar at 6:oo p.m. during the weeks after clocks are set back in the fall. Walkers are three times as likely to he hit and killed by cars right after the switch than in the month before DST ends. Researchers from Carnegie Mellon University, who found a 186 percent jump in the risk of being killed by a car for every anile walked, speculate that drivers go through an adjustment period when dusk artives earlier. Although the risk drops in the morning, because there are fewer pedestrians at 6:oo a.m., the lives saved in the morning don't offset those lost in the evening. This research corroborates root study by researchers at the University of Michigan, which found that 65 pedestrians were killed by car crashes in the week before DST ended, and 227 pedestrians were killed in the week following the end of DST. There may also be an economic benefit to DST, as daylight evening hours encourage people to go out and shop, potentially spurring economic growth. Edea of Daylight Saving Time The idea of daylight saving was first conceived by Benjamin http://www.webexhibits.org/daylightsaving/c.btml 11/10/2009 History & info - Daylight Saving Time idea from Benjamin Franklin I Page 3 of 4 Franklin (portrait at right) during his sojourn as an American delegate in Paris in 1784, in an essay, "An Economical Project" Read mote about Franklin's essay. Some of Franklin's friends, inventors of a new kind of oil lamp, were so taken by the scheme that they continued corresponding with Franklin even after he returned to America. The idea was first advocated seriously by London builder William Willett (1857-1915) in the pamphlet, "Waste of Daylieht" (19o7), that proposed advancing clocks 20 minutes on each of four Sundays in April, and retarding them by the same amount on four Sundays in September. As he was taking an early morning a ride through Petts Wood, near Croydon, Willett was struck by the fact that the blinds of nearby houses were closed, even though the sun was fully risen. When questioned as to why he didn't simply 'getup an hour earlier, Willett replied with typical British humor, "What?" In his pamphlet "The Waste of Daylight" he wrote: "Everyone appreciates the long, light even ings. Everyone laments their shortage as Autumn approaches; and everyone has given utterance to regret that thee lea r, bright light of an early morning during Spring and Summer months is so seldom seen or used." Early British laws and lax observance About one year after Willett began to advocate daylight saving (he spent a fortune lobbying), he attracted the attention of the authorities. Robert Pearce -later Sir Robert Pearce - introduced a bill in the House of Coin mons to make it compulsory to adjust the clocks. The bill was drafted in 1909 and introduced in Parliament several times, but it met with ridicule and opposition, especially fror farming interests. Generally Lampooned at the time, Willett died on March 4. 1915. Following Germany's lead, Britain passed an act on May 17, 196, and Willetr's scheme of adding 8o minutes, in four separate movements was put in operation on the following Sunday, May 21, ig16. There was a storm of opposition, confusion, and prejudice. The Royal Meteorological Society insisted that Greenwich time would still be used to measure tides. The parks belonging to the Office of Works and the London County Council decided to close at dusk, which meant that they would be open an extra how in the evening. Kew Gardens, on the other hand, ignored the daylight saving scheme and decided to close by the clock. In Edinburgh, the confusion was even more marked, for the gun at the Castle was fired at tvo Summer Time, while the ball on the top of the Nelson monument on Calton Hill fell at i:oo Greenwich Time. That arrangement was carried on for the benefit of seamen who could see it the Firth of Forth. The time fixed for changing docks was a:oo a.m. on a Sunday. There was a fair bit of opposition from the general public and from agricultural interests who wanted daylight in the morning, but Lord Balfour came forward with a unique concern: "Supposing some unfortunate lady was confined with twins and one child was born 10 minutes t o'clock.... the time of birth of the two children would be reversed.... Such an alteration might conceivably affect the property and titles in that House." After World War I, Parliament passed several acts relating to Summer Time. In 1925, a law was enacted that Summer Time should begin on the day following the third Saturday in April (or one week earlier if that day was Easter Day). The date for closing of Summer Time was fixed for the day after the first Saturday in October. The energy saving benefits of Summer Time were recognized during World War II, when clocks in Britain were put two hours ahead of GMT during the summer. This became known as Double Summer Time. During the war, docks remained one how ahead of GM'f throughout the winter. Pmious .Next > http://www.webexhibits.org/davlightsaving/c.html 11/10/2009 088 History & info - Standard time began with the railroads wew+v Nod, Ng"' You art now viewing Pages. Click Nodes for cloud view. Introduction When we change a"'`lacks Opposition and obstacles Incidents and anecdotes Many people intensely dislike Daylight Saving Time. Frequent complaints are the inconvenience of Rationale & changing many clocks and adjusting to a new sleep schedule. For most people, this is a mere original idea nuisance, but some people with sleep disorders find this transition very difficult. Indeed, there is Opposition & evidence that the severity of auto accidents increases and work productivity decreases as people obstacles adjust to the time change. First there was Some argue that the energy savings touted by DST is offset by the energy used by those living in So nd.nl time warm climates to cool their homes during summer afternoons and evenings. Similarly, the Carly adoption argument can be made that more evening hours of light encourage people to run errands and visit and U.S. law friends, thus consuming more gasoline. Worldwide daylight saving protests are also put forth by people who wake at dawn, or whose schedules are otherwise tied to sunrise, such as farmers. Canadian poultry producer Marty Notenbomer notes,"The chickens do coot. not adapt to the changed clock until several weeks have gone by, so the first week of April and the mtn'.' ue.r last week of October are very frustrating for us." eremu Many parents express concern that Daylight Saving Time results in early morning dangers, as children are less visible as they cross roads and wait for school buses in the darkness. In Israel, ultra -Orthodox Sephardic Jews have campaigned against Daylight Saving Time because they recite Sli khot penitential prayers in the early morning hours during the Jewish month of Elul. A writer in 1947 noted, "I don't really care how time is reckoned so long as there is .some agreement about it, but I object to being told that I am saving daylight when my reason tells me that 1 am doing nothing of the kind. I even object to the implication that I um wasting something valuable if l stay in bed after the sun has risen. As an admirer of moonlight I resent the bossy insistence of those who want to reduce my rimefor enjoying it. At the hack of the Daylight.Saving scheme I detect the bony, blu -fiingered hand of puritanism, eager to push people into bed earlier, and get them up earlier, to make them healthy, wealthy and wise in spite of themselves." (Robertson Davies, Th a Diary of Sam uel Marchbanks, 1947. XIX, Sunday.) Sometimes people recommend a'compromise," wherein clocks would be set one-half hour forward year round. While this may initially sound appealing, it is not a good solution. In the winter months, when daylight saving is not occurring, our clock is divided such that noon should be the middle of the day (although since time zones are so wide, this does not always happen). In the summer, when there are more daylight hours, we want to shift a full hour to the evening. Some countries set their clocks to fractional time zones. For example, Kathmandu, Nepal is 545 hours ahead of Universal Time, and Calcutta (Kolkatta), India is 5g0 ahead. This is not an attempt to compromise and have half Daylight Saving Time year-round, but rather an adjustment made because the countries straddle international time zones. 4 Previous Next > Page: r z�4561s http://www.webexhibits.org/d-a-vlightsaving/f html Page 1 of 2 _. I s;J _l 11/10/2009 ' s History & info - Standard time began with the railroads Ye.+as \aln Parrs you are now viewing Pages. Click Nodes for cloud view. Introduction When we change our clocks First there was standard time I nudents and anecdotes Rationale & original idea Opposition & obstacles First there was Standard time Early adoption and U.S. law Worldwide daylight saving Books mwx,vn •ton Credito For millennia, people have measured time based on rhe position of the sun; it was noon when the sun was highest in the sky. Sundials were used well into the Middle Ages, at which time mechanical clocks began to appear. Cities would set their town clock by measuring the position of the sun, but every city would be on a slightly different time. The time indicated by rhe apparent sun on a sundial is called Apparent Solar Time, or true local time. The time shown by the fictitious sun is called Mean Solar Time, or local mean time when in terms of any longitudinal meridian. I For more information about clocks, seeA Walk throueh Time.) Standard time begins in Britain Britain was the fust country to set the time throughout a region to one standard time. The railways cared most about the inconsistencies of local mean time, and they forced a uniform time on the country. The original idea was credited to Dr. William Clyde Wollaston (r766-ifiz8) and was popularized by Abraham Follett Osler (18o8-1go3). The Great Western Railway was the first to adopt London time, in November t84o. Other railways followed suit, and by 1847 most (though not all) railways used London time. On September zz, 1647, the Railway Clearing house, an industry, standards body, recommended that GMT be adopted at all stations as soon as the General Post Office permitted it. The transition occurred on December 1 for the L&NW, the Caledonian, and presumably other railways; the January 1848 Bradshaws lists many railways as using GMT. By 1855• the vast majority of public clocks in Britain were set to GMT (though some, like the great clock on Tom Tower at Christ Church, Oxford, were fitted with two minute hands, one for local time and one for GMT). The last major holdout was the legal system, which stubbornly stuck to local time fo many years, leading to oddities like polls opening at 08a3 and closing at i6a3. The legal system finally switched to GMT when the Statutes (Definition of?ime)Act took effect; it received the Royal Assent on August z, 1880. Standard time in the US Standard time in time zones was instituted in the U.S. and Canada by the railroads on November 18, 1883. Prior to that, time of day was a local matter, and most cities and towns used some form of local solar time, maintained by a well-known clock (on a church steeple, for example, or in a jeweler's window). The new standard time system was not immediately _ embraced by all, however. (The train at right is a Union locomotive used during the American Civil War, photo ca. i86t-1865.) 'Me first man in the United States to sense the growing need for time standardization was an amateur astronomer, William lambert, who as early as i8oq presented to Congress a recommendation for the establishment of time meridians. This was not adopted, nor was the http: //www,webexhibits. ora/davlights aving/d.btml Page] of 3 saaRh 11/10/2009 1'1 History & info - Standard time began with the railroads suggestion of Charles Dowd of Saratoga Springs, N.Y., in 1870. Dowd revised his proposal in 1872, and it was adopted virtually unchanged by U.S. and Canadian railways eleven years later. Detroit kept local time until 19oo, when the City Council decreed that clocks should be put back 28 minutes to Central Standard Time. lialf the city obeyed, while half refused. After considerable debate, the decision was rescinded and the city reverted to sun time. A derisive offer to erect a sundial in front of the city hall was referred to the Committee on Sewers. Then, in 19ofi, Central Standard Time was adopted by city vote. It remained for a Canadian civil and railway engineer. Sandford Fleming, to instigate the initial effort that led to the adoption of the present time meridians in both Canada and the U.S. Time zones were first used by the railroads in t883 to standardize their schedules. Canada's Sir Sandford Fleming (posing at left, at the driving the last spike of the Canadian Pacific Railway. Sandford Fleming wears the stovepipe hat and is to the left of the man with the hammer) also played a key role in the development of a worldwide system of keeping time. Trains had made the old system - where -- major cities and regions set clocks according to local astronomical conditions - obsolete. Fleming advocated the adoption of a standard or mean time and hourly variations from that according to established time zones. lie was instrumental in convening the 1884 International Prime Meridian Conference in Washington, at which the system of international standard time - still in use today - was adopted. Although the large railway systems in U.S. and Canada adopted standard time at noon on November 18, 1883, it was many years before such time was actually used by the people themselves. >The use of standard time gradually increased because of its obvious practical advantages for communication and travel. Standard time in time zones was established by U.S. law with the Standard Time Act of 1918, enacted on March 19. Congress adopted standard time zones based on those set up by the railroads, and gave the responsibility to make any changes in the time zones to the Interstate Corrrgerce Commission, the only federal transportation regulatory agency at the time. When Congress created the Department of Transportation in 1966, it transferred the responsibility for the time laws to the new department. Time zone boundaries have changed greatly since their original introduction and changes still occasionally occur. The Department of Transportation conducts rulemakings to consider requests for changes. Generally, time zone boundaries have tended to shift westward. Places on the eastern edge of a time zone can effectively move sunset an hour later (by the clock) by shifting to the time zone immediately to their east. If they do so, the boundary of that zone is locally shifted to the west; the accumulation of such changes results in the long-term westward trend. The process is not inexorable, however, since the late sunrises experienced by such places during the winter may be regarded as too undesirable. Furthermore, under the law, the principal standard for deciding on a time zone change is the "convenience ofcnmmerce" Proposed time zone changes have been both approved and rejected based on this criterion, although most such proposals have been accepted. Previous Next 1 pace; 1 zaa s 608 http: /lwww.webexhibits.orgJdaylightsaving/d.html Page 2 of 3 11/10/2009 091 History & info - Daylight Saving Time, early adoption, U.S. law wew aa: �yuhs Pngs You an now viewing PAgee. Cork Nodes for loud view. Inmoduction When we change our clocks Early adoption in law Incidents and anecdotes Daylight Saving Time has been used in the U.S. and in many European countries since World War Rationale & At that time, in an effort to conserve fuel needed to produce electric power, Germany and Austria original idea took time by the forelock, and began saving daylight at ono p.m. on April 30, 1916, by advancing Opposition& the hands of the clock one hour until the following October. Other countries immediately adopted Obstacles this 1916 action: Belgium, Denmark, France, Italy, Luxembourg, Netherlands, Norway, Portugal, First there was Sweden, Turkey, and Tasmania. Nova Scotia and Manitoba adopted it as well, with Britain followin Scandal] time suit three weeks later, on May 21, 1916. In 1917, Australia and Newfoundland began saving daylight. Early adoption The plan was not formally adopted in the U.S, until and U.S, law 1918.An Act topieserve daylight andprovide standard time for the United States was enacted on Worldwide March l9,1918.See law ltbmhnubluhed nandndlnramet daylight saving and xt wormer DST to beds on AfaM Y.19t6. DryktM11 Sae,Tmrwas ob tread be seen month, o ty,t anal 1917. AHa the w:u ceded, the Law Nooks pre+<dw onpop,dw(mortlY here wpeoplr rox emfia nndwmno bed Museum stere her than people do,May)t]ati't wu apeabbiniy,P widta CoKredenal Credits werMeo(Rredenl wLLron'u me. DaYR{hl L,vµ Tvne begme a tonal opuon, and was mstiwed a a (ew 7111, wrM1 u Mnsahunna aha Rlgde h1 d.andatomv x1tea,sne, a New York, Phlbddph]a, and Chlagn. Neal Wefld Wu D, Preddanl FrnJJin Rnowwll inatinded ear-ruueM C.,601 Shang TVnt, called Wu nna, rrgn Febevary 9. orlon to September p, 1ye515ee law] From ,p S to IyW, lhert wu no fderil law reyutlal Drybghc Sa,hM Term, to wales and b,difles wen ho to eMs e,h Cher or not to ohrave Dnbdtt San e,'lo— and could donne when it Egan and ended. Tyas arl andably uuwd codonen, et efufy for the brodeanlne lMumY, as well n fa ralNan. a dines, and buttotnpantea Peuaa of ate ddh ,eft lout rutmmt ane 4wv, radio and Tv nano and the naeponatlon compude.hol to pubatt omen s,hdulea nen tare • cute or 1. hetet or ended DaYDrhl seep Thee. On )anoan 4 hale. Nedde dl Nom ara,M oto lone one Fmerteney DaYXrhl steel, nme Energy Conxn'atfon Arc of tn). Thor byNutbp On January 6, 0971, implonentae the DayUgh, Savhte Time Pnerr, Act, cheeks wen son dread. On Onober S. ane, eonaesr one ded the Aet. and standard! Tune miurrand on October n, ale. DaTbdtt 5adrp Thee ronmM on Pebetary 23,1975 and ended on Ocbt a 16, tyny Inconsistent use in the U.S. mtM<anr,y6Oa nhenvarceer Daytitt4een, They waeatdte bwennnnt. with enodµyaeee e(ume Observances, and non .O.en. thou, when to allahe dotka'Me lntentate Cotrvntrn Convention, the nadeM1 dreekupa, woo lnonohMeeti. nalto —e ed dedkhed n m Many budneinmlt eOpniee ofo"OONUpon. dmoueh it brew -a bit ter Wht b— Nor e Indoandemdm lheale mwademnet. The feea.hoe—. we eopl,ozed to moth urdferel Saone and lo,9 see' ntla wen a mlxM bay de-&, on loed,anellticev Mom at slandardivecn wen endo rageal by a vatwpeaadon industry oruntazt ien, the Comma tee feel UWmmty. They rvrwyed lh, tenor nauaa,Inne,pn.Nniaa, edePleone opanan atto bol tate obsenanm. and found be simafon won rile enfiO". Nest, the Comndneia god was a srtoesuPPtwa+e sorry as Ne hoot page olthe New Yort lFut. Nadep rJIiM 1hv [mail PubX,'s rvPPon, doe Tme Unaumiry Commoner, goal was T enpadtM, bus only ales dlsxeengand dlsdoslnt dol on the)LmRe saetdt ondgh,ery ante a) bnween Meundndl W.V., and Seeth,neak, Ohl.. reery but dr.nr and Ma ole,eve had In endure t -en time changes: The Uniform Time Act M 1966, rune nor eNDbn Amalrnu wem ebsrrving Dryl,h1 LWpTlmebased on Jneu lull Mw1 sed ntnotty <er,no deddad to my a and end Neronb,eon, and toenablislt ane palren corn Jnr rnw,ry.lM UniWmt Time An ar,9661n U.5. Code Srrtinn a6oal u'e lawl, sloe] Ono Public law 69 )31 On Ape ton, Lobb, by Prtadenl Lyndon IoM,wn, ttwt<d Day]ight Santeg Tune 10 begn on the but Sunda, MAS•il and n u on the fast Sunday ufOrtobn. Ann State that wunad to be extern, 6ao DaO& sarin, Tune road de w by Pascal a naw lone. Ter lAYfmn TuneAn of 366 estabtirM1eJ a rynem ofuWarm (wi1Mn x[h dme zone) aryllgAt sar4p Tuna lhrnegMtt do D5. vel In pwsemon, evanpnng only than rtmee a u1uN the lepelamrea voM to Xery eM mdv state on uandud tlm<. M,g7a. <oe�ns revised tlw bw to provide 1Mt, Ica natewas a two or mac dme arnn, th, non cooed uempt IM1r Pan oRlw nate lhn wu a oar nme emote wale prodAnt tM1n tM1e pan olthe tate a a Allbrrcnt ti,mzore world obraue Oryagjtr sa.upnme. Thr 1:Mnd I,aw wu ameM� a a861e began Daybol Saar, Tlmc o, the fist Sundry In ApdL httpi//www.webexhibits.org/daylightsaving/e.html Page 1 of 2 11/10/2009 092 History & info - Daylight Saving Time, early adoption, U.S. law _ Page 2 of 2 g Under leglaadon enacred in pe6, Daylight Sairj Tme In dee US. began at a:m a. m. on, fiml Sunday of ,d weed mded at raa•m. on the I., Sunday Mnaohn. Tire hreT, Polley Ac, of i., .,ended WRNS i, Ton. intne US. bepmin, in a i3O.ovh 60, in lo ,86 law shmdd theehmga prove vn,x,mur or 4 enngy Veingere no, significant. Going horn cool fcrwa . Dnylot Saving Time inthe U.S. • begins at nxw a.m. on the second Sunday of March and • ends at a:oo a.m. on the Rist Sunday of November In most of nee m,,W. nr w—, 6nn,ope. indodw,g,he roun,n. amd ane m.nteei ori he W. Dayhgh, S.vi,ce rme • begins at roo a.m. GMT on the last Sunday of March and • ends at s:oo a.m. GMT on the last Sunday of oerober 01--i, oft.yligh, Savmg rune <ke,vn.re in ,h. wild a highly vad.b4. See wydvide davheh, mine. Previous Next > Page:t234a6.78 M.ae Mch Sp"cy&des c,a,l:.: r,gri54:..,. ,!Cl""� . ae:h�pdii __.d',laylislll•n_.,y http://www.webexhibits.org/daylightsaving/e.html 11/10/2009 093 raw.� n TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD I— FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES DATE: NOVEMBER 23, 2009 v SUBJECT: TYPES OF CUSTOMER PAYMENT CONFIRMATIONS RECOMMENDATION No action required. This report is for information only. BACKGROUND There was an inquiry at the October 2009 Utility Board meeting regarding confirmation methods for online, pay -by -phone and electronic/recurring payment options. Attached is a comprehensive table of billing methods and payment options along with the type of payment confirmation for each one. FISCAL IMPACT No fiscal impact. Prepared by: Karen Vanca, Assistant Director Customer Care & Solutions n94 Azusa Light & Water Billing / Payment Options and Confirmation Types Billin Options Payment Options Confirmation Types PAPER BILLS Mail -In Payment Check or Money Order Receipt In Person (walk-in or drive -up window) Copy of Receipt Drop Box Check or Money Order Receipt Pay -By -Phone (credit card/debit card, electronic check) verbal Confirmation Number Online (credit card/debit card, electronic check) Confirmation Number E-mail ON LI NE BILL PRESENTATION Online Payments -Customer has Confirmation Number E-mail and PAYMENT -Customer option to initiate one-time payments and all payments reflect in signs up online. After 3 or enroll in Recurring Payments Customer Payment History months, paper bill stops and online where customer can view electronic bill continues. E -Z PAY /AUTOMATIC Automatic Payment from customer's Bank Statement is Confirmation PAYMENT PLAN - Customer checking account is debited after zo receives a paper bill each bill days from bill date. period stating amount due and due date. DI ~