HomeMy WebLinkAboutAgenda Packet - September 24, 2012 - UB AZUSA
.IGHT & 'MATER
AGENDA
REGULAR MEETING OF
AZUSA UTILITY BOARD
AZUSA LIGHT & WATER SEPTEMBER 24,2012
729 N. AZUSA AVENUE 6:30 P.M.
AZUSA, CA 91702
AZUSA UTILITY BOARD
ANGEL CARRILLO
CHAIRPERSON
URIEL E. MACIAS JOSEPH R.ROCHA
VICE CHAIRPERSON BOARD MEMBER
KEITH HANKS ROBERT GONZALES
BOARD MEMBER 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
1. (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.)
1
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AGENDA
REGULAR MEETING OF
AZUSA UTILITY BOARD
AZUSA LIGHT& WATER SEPTEMBER 24,2012
729 N.AZUSA AVENUE 6:30 P.M.
AZUSA,CA 91702
AZUSA UTILITY BOARD
ANGEL CARRILLO
CHAIRPERSON
URIEL E. MACIAS JOSEPH R.ROCHA
VICE CHAIRPERSON BOARD MEMBER
KEITH HANKS ROBERT GONZALES
BOARD MEMBER 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
1. (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.)
1
7. Approval of Blanket Purchase Order with City of Glendale. Recommendation: Approve the
issuance of a blanket Purchase Order for $1,200,000 with the City of Glendale under the provisions of
Section 2-523 (d) of the Azusa Municipal Code.
8. Approval of Plan to Upgrade the Electric SCADA System. Recommendation: Approve the
conceptual plan to upgrade the existing Electric SCADA System and authorize staff to solicit
proposals/bids.
9. Approval of Plans for a Concrete Block Fence along South Side Perimeter of the Electric Division
Yard. Recommendation: Approve the plan for a concrete block fence along the south side perimeter of
the Electric Division Yard and authorize public bids.
10. Approval of Purchase of New Chevrolet Pick Up Work Truck from National Auto Fleet Group.
Recommendation: Approve the purchase of a new Chevrolet pick up work truck from National Auto
Fleet Group for use of Electric Division Distribution Supervisor in the amount not-to-exceed $23,873,
including sales tax and delivery charges,pursuant to Azusa Municipal Code(AMC) Section 2-523(e).
11. Waive Formal Bidding Procedures and Award Purchase of a Vactor Hydroexcavator Truck for
Water Division to Haaker Equipment Company. Recommendation: Waive formal sealed bids in
accordance with the Municipal Code Section 2-523(e) and award the purchase of a Vactor
Hydroexcavator Truck to Haaker Equipment Company pursuant to National Joint Powers Alliance
Cooperative (NJPAC) Purchasing Agreement Contract No. 031710 in the amount of $398,879.78
including tax, delivery,discount, and administrative fees.
12. Authorization to Post Financial Security with the California Independent System Operator (ISO)
for the Annual Auction of 2013 Congestion Revenue Rights. Recommendation: Authorize staff to
post a $500,000 financial security with ISO for the purpose of participating in the ISO's auction of 2013
Congestion Revenue Rights(CRRs) scheduled for November 6, 2012.
13. Adoption of American Public Power Association (APPA) Safety Manual. Recommendation: Adopt
the latest APPA Safety Manual (15th Edition 2012) as the primary safety guidelines/rules for electric
workers.
14. Extension of Puente.Hills Landfill Operating Permit. Recommendation: Approve a "Support"
position in postponing the closure of the Puente Hills Landfill and authorize the Mayor to sign a letter
urging the Los Angeles County Board of Supervisors to amend the Conditional Use Permit to keep the
landfill open until October 31,2018.
E. SCHEDULED ITEMS
1. Approval of Phase II Renewable Development Agreement. Recommendation: Approve the Phase II
Renewable Development Agreement with the Southern California Public Power Authority(SCPPA) and
authorize execution by the Mayor.
2. Update on the La Paz Project and Request for Authority to Withdraw Participation in the Project.
Recommendation: Authorize Staff to withdraw Azusa's participation in the La Paz project.
3
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.
1. Minutes. Recommendation: Approve minutes of regular meeting on July 23, 2012 as written.
2. Acceptance of Grant of Easement from Charvat Family LLC for Electric Facilities at 880 S. Azusa
Avenue (The Outlet). Recommendation: Adopt the following resolution accepting the Grant of
Easement from Charvat Family LLC and direct the City Clerk to file in the Office of the Los Angeles
County Recorder.
A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA
ACCEPTING A CERTAIN GRANT OF PERMANENT EASEMENT AND DIRECTING THE
RECORDING THEREOF.
3. Approval of a Quitclaim of Two Electric Utility Easements Located in the Rosedale Development
within the City of Azusa. Recommendation: Adopt the following resolution to quitclaim electric utility
easements located in Rosedale and authorize the Mayor to sign quitclaim easement.
A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA
APPROVING A QUITCLAIM OF CERTAIN GRANT OF EASEMENT AND DIRECTING THE
NOTARIZATION THEREOF.
4. Approval of Lock Box Services Request For Proposals (RFP) and Authorization to Solicit
Proposals. Recommendation: Approve attached RFP for Lock Box Services and authorize staff to
solicit proposals.
5. Approval to Seek Bids for Landscape & Irrigation Maintenance for Azusa Light & Water
Facilities. Recommendation: Approve the Landscape and Irrigation Maintenance Specifications for
Azusa Light& Water Facilities and authorize the City Clerk to commence advertisement to solicit formal
bids.
6. Approval of License Agreement with ECOtality and Authorization to Expend Funds for Furnishing
and Installing a "Level II" Electric Vehicle Public Charging Station. Recommendation: 1) Approve
execution by the Director of Utilities of a License Agreement with ECOtality for furnishing and installing
a "Level II" electric vehicle public charging station at the Light & Water office front parking lot; and 2)
authorize the expense for extending electric service to the charger pedestals, in the amount not-to-exceed
$20,000.
2
7. Approval of Blanket Purchase Order with City of Glendale. Recommendation: Approve the
issuance of a blanket Purchase Order for $1,200,000 with the City of Glendale under the provisions of
Section 2-523 (d) of the Azusa Municipal Code.
8. Approval of Plan to Upgrade the Electric SCADA System. Recommendation: Approve the
conceptual plan to upgrade the existing Electric SCADA System and authorize staff to solicit
proposals/bids.
9. Approval of Plans for a Concrete Block Fence along South Side Perimeter of the Electric Division
Yard. Recommendation: Approve the plan for a concrete block fence along the south side perimeter of
the Electric Division Yard and authorize public bids.
10. Approval of Purchase of New Chevrolet Pick Up Work Truck from National Auto Fleet Group.
Recommendation: Approve the purchase of a new Chevrolet pick up work truck from National Auto
Fleet Group for use of Electric Division Distribution Supervisor in the amount not-to-exceed $23,873,
including sales tax and delivery charges, pursuant to Azusa Municipal Code(AMC) Section 2-523(e).
11. Waive Formal Bidding Procedures and Award Purchase of a Vactor Hydroexcavator Truck for
Water Division to Haaker Equipment Company. Recommendation: Waive formal sealed bids in
accordance with the Municipal Code Section 2-523(e) and award the purchase of a Vactor
Hydroexcavator Truck to Haaker Equipment Company pursuant to National Joint Powers Alliance
Cooperative (NJPAC) Purchasing Agreement Contract No. 031710 in the amount of $398,879.78
including tax, delivery, discount, and administrative fees.
12. Authorization to Post Financial Security with the California Independent System Operator (ISO)
for the Annual Auction of 2013 Congestion Revenue Rights. Recommendation: Authorize staff to
post a $500,000 financial security with ISO for the purpose of participating in the ISO's auction of 2013
Congestion Revenue Rights (CRRs) scheduled for November 6, 2012.
13. Adoption of American Public Power Association (APPA) Safety Manual. Recommendation: Adopt
the latest APPA Safety Manual (15`h Edition 2012) as the primary safety guidelines/rules for electric
workers.
14. Extension of Puente Hills Landfill Operating Permit. Recommendation: Approve a "Support"
position in postponing the closure of the Puente Hills Landfill and authorize the Mayor to sign a letter
urging the Los Angeles County Board of Supervisors to amend the Conditional Use Permit to keep the
landfill open until October 31, 2018.
E. SCHEDULED ITEMS
1. Approval of Phase II Renewable Development Agreement. Recommendation: Approve the Phase II
Renewable Development Agreement with the Southern California Public Power Authority(SCPPA) and
authorize execution by the Mayor.
2. Update on the La Paz Project and Request for Authority to Withdraw Participation in the Project.
Recommendation: Authorize Staff to withdraw Azusa's participation in the La Paz project.
3
3. Approval of Selection of UtiliWorks Consulting LLC to Provide Consulting Services Related to the
Utility Meter Replacement Project. Recommendation: Approve the selection of UtiliWorks
Consulting LLC for professional consulting services and authorize the Director of Utilities to award
professional services contract in the amount not-to-exceed$39,600.
F. STAFF REPORTS/COMMUNICATIONS
1. Fourth Quarter Financial Report for FY 2011-12
2. Update on Automated Trash Collection Contract Amendment(Verbal)
3. Update on Lodi Energy Center(Verbal)
4. Update on Canyon Basin Water Management-City of Glendora(Verbal)
5. Water Quality Authority Board Elections
6. Legislative Update from California Municipal Utilities Association(CMUA)
7. Update on Cap-and-Trade Program for Greenhouse Gases(Verbal)
G. ADJOURNMENT
1. 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."
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CONSENT CALENDAR
TO: HONORABLE CHAIRPERSON AND MEMBERS OF T AZUSA
UTILITY BOARD
FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES
DATE: SEPTEMBER 24, 2012
SUBJECT: BLANKET PURCHASE ORDER OVER $10,000 FOR FY 2012/13
RECOMMENDATION
It is recommended that the Utility Board approve the issuance of the blanket Purchase
Order for $1,200,000 with the City of Glendale under the provisions of Section 2-523 (d)
of the Azusa Municipal Code.
BACKGROUND
Each year, the City Council approves blanket purchase orders that are over the amount of
$10,000, for the upcoming fiscal year. Once approved the purchase orders are good for
one (1) fiscal year. They are used to authorize payments for goods and/or services, on
monthly, quarterly, bi-annual basis pursuant to approved contracts and agreements.
The requested blanket PO was inadvertently overlooked during the regular blanket PO
approval process for FY 2012/2013. The PO is for anticipated power resource purchases
from the City of Glendale for the purpose of optimizing delivery of our power resources.
A typical optimization mechanism involves selling energy to a counterparty at one point
of delivery and simultaneous purchase of like power from that same or a different
counterparty at a different delivery point (advantageous to Azusa). The particular level
(value) of this PO request is consistent with Azusa's historic optimization activities
which in past may have involved the City of Glendale as well as other counterparties.
Power Resources has sufficient funds budgeted for this activity in FY 2012/2013.
089
September 24, 2012
Blanket PO
Page 2
FISCAL IMPACT
There is no direct fiscal impact of the recommended actions herein.
Prepared by: Yarek Lehr, Assistant Director of Resource Management.
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CONSENT CALENDAR
TO: HONORABLE CHAIRPERSON AND MEMBERS OF TH ZUSA UTILITY
BOARD
FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES
DATE: SEPTEMBER 24, 2012
SUBJECT: APPROVE THE PURCHASE OF A NEW CHEVROLET PICK UP WORK
TRUCK FROM NATIONAL AUTO FLEET GROUP FOR USE BY THE
ELECTRIC DIVISION DISTRIBUTION SUPERVISOR
RECOMMENDATION
It is recommended that the Utility Board approve the purchase of a new Chevrolet pick up work
truck from National Auto Fleet Group in the amount not to exceed $23,873 including sales tax
and delivery charges pursuant to Azusa Municipal Code (AMC) Section 2-523(e).
BACKGROUND
The Electric Division Distribution Supervisor currently uses a 2001 model year Dodge pick up
truck with mileage in excess of 100,000 miles. With increasing vehicle maintenance expenses,
the old pick up truck is unreliable and has reached the end of its useful economic life. Before the
vehicle breaks down, staff budgeted this year a new replacement vehicle.
In order to purchase a new pick up work truck, the Electric Division has been working with the
City's Purchasing Division which has joined forces with a national cooperative purchasing
organization known as the National Joint Powers Alliance (NJPA). The NJPA has conducted
competitive purchasing procedures for the subject truck that satisfies existing purchasing
requirements of AMC Section 2-523(e) - alternative purchasing procedure — competitive bidding
already completed.
FISCAL IMPACT
The purchase of a new pick up work truck has been budgeted this fiscal year in the Electric
Division Operating Budget under Capital Outlay, and funds are available.
Prepared by: Dan Kjar— Electric Distribution Supervisor
F. Langit Jr. —Assistant Director, Electric Operations
095
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CONSENT CALENDAR
TO: HONORABLE CHAIRPERSON AND MEMBERS OF T AZUSA UTILITY
BOARD
FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIE
DATE: SEPTEMBER 24, 2012
SUBJECT: ADOPT THE LATEST APPA SAFETY MANUAL ( 15th Edition -2012) AS
SAFETY GUIDELINE FOR ELECTRIC WORKERS
RECOMMENDATION
It is recommended that the Utility Board adopt the latest American Public Power Association
(APPA) Safety Manual ( 15th Edition 2012) as the primary safety guidelines/rules for electric
workers.
BACKGROUND
In July 2011 , the Azusa Utility Board adopted the 14th edition of the APPA Safety Manual
published in 2007, as part of obtaining the national designation as Reliable Public Power
Provider (RP3). Adoption of the safety manual provides additional reference for addressing
worker's safety related issues at the workplace. In 2012, APPA published the latest 15th Edition
Safety Manual containing new safety guidelines as shown in the attached table of contents.
Staff is recommending adoption of the latest 15th edition of the APPA Safety Manual as one of
our tools in promoting a safe work environment in the Electric Division. A sample hardcopy of
the manual is available for public review at the 2nd Floor counter of Azusa Light & Water office
located at 729 N. Azusa Ave.
FISCAL IMPACT
Adoption of the latest Safety Manual is an administrative task and will not involve a significant
expense other than purchasing 20 manuals in the small amount not to exceed $500.
Prepared by: F. Langit — Assistant Director — Electric Operations
099
Contents
DEFINITIONS 1
INTRODUCTION 22
PART 1 GENERAL RULES 25
101 Application 25
102 Employees'Responsibility for Safety 25
103 Reporting Employee Injuries 25
104 Reporting Hazardous Conditions 26
105 Taking Chances 26
106 Practical Jokes 26
107 Guards 26
108 Warnings 27
109 Intoxicating Beverages and Drugs 27
110 Housekeeping 27
111 Smoking 29
112 Welding and Cutting--General 29
113 Wireless Electronic Devices 32
114 Cardiopulmonary Resuscitation(CPR),First
Aid,and Automated External Defibrillators
(AEDs)33
114.1 Introduction 33
114.2 General 33
114.3 Cardiopulmonary Resuscitation
(CPR)—General 35
114.4 Wounds and Control of Bleeding 36
114.5 Shock 36
114.6 Eye Injuries 37
114.7 Automated External Defibrillator
(AED)38
Rev.15,2012 iii
• 100
115 Training 39
115.1 Employee Training 39
115.2 Qualified Employee Training 39
115.3 Safety Compliance 40
115.4 Additional Training and Retraining 40
115.5 Job Briefings 40
115.6 Pole Top Rescue 41
115.7 Bucket Truck/Aerial Lift Rescue 43
115.8 After Rescue 44
115.9 Training in Resuscitation and Rescue
44
PART 2 HEALTH AND ENVIRONMENTAL CONTROL 45
201 Confined or Enclosed Spaces 45
202 Hazardous Energy Control (Lockout/Tagout)
Procedures 47
202.1 Hazardous Energy Control
(Lockout/Tagout) De-energizing Lines
and Equipment 49
202.2 Hazardous Energy Control
(Lockout/Tagout) Servicing and
Maintenance of Machines and
Equipment 52
202.3 Hazardous Energy Control
(Lockout/Tagout) Device
Requirements 56
203 Fall Protection 57
204 Lighting 59
205 Exhaust Ventilation 59
206 Hours of Service 60
207 Fire Protection 60
207.1 Fire Protection and Emergency Plans
60
207.2 Fire Extinguishers 60
iv Rev. 15, 2012
101
207.3 Hydrants, Standpipes, and Hose
Stations 62
207.4 Sprinkler Systems 63
208 Security 63
208.1 General 63
208.2 Personnel 65
208.3 Generating Facilities 66
208.4 Emergency 66
PART 3 CHEMICAL AND PHYSICAL HAZARD CONTROL
67
301 Material Handling and Storage 67
302 Explosives 68
303 Compressed Gases 71
304 Hazardous Materials 73
305 Fuels and Lubricants 75
306 Noise 75
307 Asbestos 76
308 Polychlorinated Biphenyls (PCBs) 78
309 Acids and Caustics--Storage 78
310 Acids and Caustics--Handling 79
311 Acids and Caustics--General 80
312 Chlorine 81
313 Lead 82
314 Use of Herbicides and Other Chemicals 82
PART 4 PERSONAL PROTECTIVE EQUIPMENT 85
401 Personal Protective Equipment (PPE) 85
402 Eye and Face Protection 85
403 Head Protection 86
404 Hearing Conservation 87
405 Wearing Apparel 87
406 Clothing 88
407 Use and Care of Rubber Gloves 95
Rev. 15, 2012 V
102
408 Supplemental Breathing Equipment 100
409 Life Jackets 100
410 Respirators 101
PART 5 ELECTRIC UTILITY OPERATIONS 105
501 Office Safety 105
501.1 Office Safety 105
501.2 Video Display Terminals 106
502 Warehouse Operations 106
502.1 General 106
502.2 Shipping and Receiving 107
503 Vehicle Operations 108
503.1 General 108
503.2 Inspection of Equipment 109
503.3 Exhaust Gas 109
503.4 Operation 109
503.5 Parking 110
503.6 Backing 111
503.7 Stopping on the Highway 112
503.8 Hauling Poles or Ladders 112
503.9 Industrial Trucks--Fork Lifts 112
503.10 Cranes,Derricks,Hoisting Equipment
114
503.11 Rigging Equipment 118
503.12 Aerial Devices 118
503.13 Reporting Utility Vehicle Accidents
121
503.14 Portable and Vehicle Mounted
Generators 121
504 Vehicle Maintenance 122
504.1 General 122
504.2 Vehicle Batteries 122
504.3 Hydraulic Systems 122
504.4 Spray Painting 122
504.5 Servicing Multipiece and Single Piece
Wheel Rims 123
Rev.15,2012
103
504.6 Maintenance and Inspection of Fleet
Utility Vehicles 123
504.7 Defective Vehicle Tagout 124
505 Work Zone Safety (Traffic Control) 125
505.1 General 125
505.2 Equipment 125
505.3 Flagmen 126
506 Tools and Equipment 128
506.1 Hand Tools 128
506.2 Portable Electric Tools 129
506.3 Pneumatic Tools 130
506.4 Hydraulic Tools 131
506.5 Power Lawn Mowers, Edgers, etc.
132
506.6 Powder-Actuated Tools 132
506.7 Safe Supports and Scaffolds 133
506.8 Ladders--General 134
506.9 Straight Ladders 136
506.10 Step Ladders 136
507 Overhead Distribution and Transmission 136
507.1 Working On or Near Exposed
Energized Lines and Equipment 136
507.2 Flexible Protective Equipment 147
507.3 Climbing and Working on Poles 150
507.4 Working on Energized Lines with
Live-Line Tools 152
507.5 Working on Energized Lines
Barehanded 153
507.6 Working on De-energized Lines and
Equipment 156
507.7 Series Street Lighting Circuits 156
507.8 Working on Transformers 157
507.9 Hoisting Cables--Conductive Material
157
507.10 Working on Capacitors 157
507.11 Stringing or Removing De-energized
Conductors 158
Rev. 15, 2012 vii
104
507.12 Stringing Adjacent to Energized
Lines 159
507.13 Grounding--General 161
507.14 Equal Potential Grounding 163
507.15 Pole Storage-Temporary 164
507.16 Setting and Removing Poles 164
507.17 Derrick Trucks,Cranes,etc.171
507.18 Fuses 171
507.19 Rope 172
507.20 Substations 172
507.21 Metering 172
507.22 Testing and Test Facilities 174
507.23 Hazardous Energy Control
(Lockout/Tagout)176
508 Tree Trimming 176
508.1 General 176
508.2 Working Near Energized Conductors
178
508.3 Tree Felling 180
508.4 Care and Use of Tools and Rope 181
508.5 Powered Trimming Equipment 181
508.6 Chippers 183
508.7 Right-of-Way Clearing and
Maintenance 184
509 Underground Lines and Equipment 184
509.1 Opening and Guarding Holes 184
509.2 Entering Underground Structures 185
509.3 Work on Energized Cables 187
509.4 Work on Energized Equipment 190
509.5 Work on De-energized Cables 191
509.6 Opening and Closing Circuits 192
509.7 Grounding 193
509.8 Heating Materials 194
509.9 Rubber Glove Use 194
509.10 Excavations 195
509.11 Directional Boring Operations 200
509.12 Pulling Cables 206
viii Rev.15,2012
105
509.13 Moving Energized Cables 207
509.14 Hazardous Energy Control
(Lockout/Tagout) 207
510 Generating Stations 207
510.1 General 207
510.2 Entering Confined Spaces 210
510.3 Boiler Plant 211
510.4 Boiler and Pressure Vessel Chemical
Cleaning 214
510.5 Turbine Generators 214
510.6 Gantry Cranes 215
510.7 Process Safety 215
510.8 Hydrogen Cooling Systems 216
510.9 Coal Handling--Railway Operations
216
510.10 Barges, Boats, and Docks 218
510.11 Car Shakers and Dumpers 219
510.12 Conveyors and Crushers 219
510.13 Coal Storage 220
510.14 Hydro Stations 221
510.15 Hazardous Energy Control
(Lockout/Tagout) 222
511 Communication Facilities 222
511 .1 Fiber-Optic Systems 222
511 .2 Radio Frequency Radiation 225
512 Substations 230
512. 1 General Rules 230
512.2 Working in an Energized Substation
234
512.3 Hazardous Energy Control
(Lockout/Tagout) 237
512.4 Batteries 237
512.8 Circuit Breaker Maintenance and
Repair 238
512.9 Working in Transformer Tanks and
Vessels 240
512.10 Work in Manholes and Vaults 240
Rev. 15, 2012 ix.
IOU
512.11 Splicing and Terminating 242
512.12 Vault/Manhole Rescue 243
512.13 OSHA References 244
Tables
Table 306-1. Permissible Noise Exposure 76
Table 406-1. Clothing and Clothing Systems (cal per cm2)
for Voltages 50 V to 1000 V(ac)1 (See NESC
Rule 410A3 in its entirety) 89
Table 406-2. Clothing and Clothing Systems -Voltage, Fault
Current, and Maximum Clearing Time for
Voltages 1.1 kV to 46 kV(1)ac (See NESC
Rule 410A3 in its entirety) 91
Table 406-3. Live-Line Tool Work Clothing and Clothing
Systems-Voltage, Fault Current, and
Maximum Clearing Time for Voltages 46.1 kV
to 800 kV(1) ac (page 1 of 2) (See NESC Rule
410A3 in its entirety) 92
Table 406-3. Live-Line Tool Work Clothing and Clothing
Systems-Voltage, Fault Current, and
Maximum Clearing Time for Voltages 46.1 kV
to 800 kV(1) ac (page 2 of 2) (See NESC Rule
410A3 in its entirety) 93
Table 407-1. Maximum-Use Voltage for Rubber Gloves
(Source: OSHA 29 CFR 1910.137(b)(2)(ix)
Table 1-5) 95
Table 407-2. Minimum Distance Between Protector Gauntlet
and Cuff or Rubber Glove (Source: ASTM
F496 Table 4) 99
Table 507-1. AC Live-Work Minimum Approach Distance
(page 1 of 2) (See NESC Rule 441 in its
entirety) 141
Table 507-1. AC Live Work Minimum Approach Distance
(page 2 of 2) (See NESC Rule 441 in its
entirety) 142
x Rev. 15,2012
107
Table 507-2. DC Live Work Minimum Approach Distance
(See NESC Rule 441 in its entirety)143
Table 507-3 Altitude Correction Factor(see NESC Rule 441
in its entirety)(Source: National Electrical
Safety Code 2012 Table 441-3)144
Table 507-4. Communication Work Minimum Approach
Distances(See NESC Rule 431 in its entirety)
145
Table 507-5. Communication Work Minimum Approach
Distances(See NESC Rule 431 in its entirety)
146
Table 507-6. Rubber Insulating Equipment Voltage
Requirements(See: OSHA 29 CFR 1910.137
Table 1-5)149
Table 507-7. Rubber Insulating Equipment Test Intervals
(See OSHA 1910.137 Table 1-6)150
Table 507-8. Western Red Cedar Total CCA Treatment
Poles--Average Weights(Source: ANSI 05.1-
2002)166
Table 507-9. Creosoted Yellow Pine Poles--Average Weights
(Source: ANSI 05.1-2002)167
Table 507-10. Douglas Fir Penta Treated Poles--Average
Weights(Source: ANSI 05.1-2002)168
Table 508-1. Maximum Allowable Slopes for Excavations
Less Than 20 Feet Deep 199
Table 511-1. Limits for Maximum Permissible Exposure 226
Table 512-1. Minimum Depth of Clear Working Space at
Electric Equipment,Over 600 V 233
Figures
Figure 503-1 Crane Hoist Hand Signals 115
Figure 503-2 U-Bolt Wire Rope Clips 117
Figure 505-1 Use of Hand-Signaling Devices by Flaggers
127
Rev,15,2012 xi
108
Figure 507-1 Suggested Standard Signals for Line Work
170
Figure 507-2 Truck Hoist Signals 171
Figure 511 -1 Radio Frequency Radiation Warning Symbol
228
xii Rev. 15, 2012
1 0 9
014 .
!lZ LI SA„1 rVIOLI
CONSENT CALENDAR
TO: HONORABLE CHAIRPERSON AND MEMBERS OF T : USA UTILITY
BOARD
FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIE'
'Q
DATE: SEPTEMBER 24, 2012
SUBJECT: EXTENSION OF PUENTE HILLS LANDFILL OPERATING PERMIT
RECOMMENDATION
It is recommended that the Utility Board approve a "Support” position in postponing the closure of
the Puente Hills Landfill; and authorize the Mayor to sign a letter urging the Los Angeles County
Board of Supervisors to amend the Conditional Use Permit to keep the landfill open until October
31, 2018.
BACKGROUND
The City entered into an exclusive franchise agreement with Athens Services for refuse collection
and recycling in October 2000. All trash collected by Athens Services is taken to Athens' Material
Recovery Facility (MRF) for recycling and recovery. Waste residue not recycled is taken to the
Puente Hills Landfill. All yard waste collected from residential customers is also direct hauled to
the landfill where it is used as an alternative daily cover material (ADC). This allows the City to
take recycling credit pursuant to the State's AB 939 recycling mandate.
The scheduled closure of Puente Hills Landfill in October 31, 2013 will affect the City of Azusa in
three ways:
• Loss of Recycling Credit: Pursuant to the State's recycling mandate, Azusa takes credit of
about 3,000 tons of yard waste to meet the 50% AB 939 recycling mandate.
• Higher transportation costs: Waste will have to be hauled further distances and the more
distant facilities will result in higher transportation costs.
110
Extension of Puente Hills Landfill Conditional Use Permit
September 24, 2012
Page 2
• Higher disposal costs: The City's contract with Athens Services requires rates to be
adjusted annually. The more distant landfills are likely to be higher in cost than Puente
Hills landfill. Since the landfill charges are passed on to ratepayers, the closure of Puente
Hills Landfill will increase rates starting in 2014.
In a recent meeting, the San Gabriel Valley Council of Governments (SGVCOG) Solid Waste
Working Group adopted a motion to support postponing the closure of the Puente Hills Landfill and
to urge the Los Angeles County to consider amending the Conditional Use Permit to keep the
landfill open until October 31, 2018. A five year extension seems warranted for various reasons,
however, the main one is that the recession has reduced the amount of tonnage going to the landfill,
and this has resulted in a remaining capacity of more than 10 million tons being available-- enough
to keep the landfill open for five more years.
Extending the Permit will also have significant economic and environmental benefits to cities that
deliver their trash to Puente Hills Landfill: Continued use of Puente Hills will produce significant
disposal cost savings for ratepayers due to lower gate fees compared to hauling trash to more distant
landfills. Cities will continue to receive waste diversion credit for yard waste used as ADC which is
generally much lower in cost than any other available option at this point in time. Continued
operation of Puente Hills will also help retain jobs in the SGV for workers who would otherwise be
affected by the closure. Abandoning the Puente Hills Landfill capacity and costly infrastructure
doesn't make sense at this time and continued operation will help lower the cost of the Waste By
Rail project as well.
The City of Pomona has already sent a letter supporting the extension of Puente Hills Landfill users
permit and more cities are expected to take similar action.
FISCAL IMPACT
While it is difficult to estimate the exact cost savings on the City of Azusa rate payers, staff
believes that extending the life of Puente Hills landfill may save about $700,000 annually, assuming
yard waste processing costs double and landfill rates increase by $10 per ton.
Prepared by:
Cary Kalscheuer, Assistant to the Director of Utilities
Liza Cawte, Sr. Administrative Technician
Attachment: Letter of Support
111
September 24, 2012
Honorable Gloria Molina, First District Supervisor, Room 246
Honorable Mark Ridley-Thomas, Second District Supervisor, Room 866
Honorable Zev Yaroslaysky, Chair and Third District Supervisor, Room 821
Honorable Don Knabe, Fourth District Supervisor, Room 822
Honorable Michael D. Antonovich, Fifth District Supervisor, Room 869
Los Angeles County Board of Supervisors
Hall of Administration
Los Angeles, California 90012
RE: SUPPORT: EXTENSION OF PUENTE HILLS LANDFILL OPERATING PERMIT
Honorable Supervisors:
On behalf of the City of Azusa, I am writing in support of postponing the closure of Puente Hills
Landfill and to urge your Board to consider amending the Conditional Use Permit to keep the
landfill open until October 31, 2018.
The scheduled closure date for the landfill is October 31, 2013. However, according to the Los
Angeles County Sanitation Districts, which operates and maintains Puente Hills, the remaining
capacity after the closure date will be greater than 10 million tons. This unused capacity is
significant for residents throughout the region because the remaining capacity could keep the
landfill open for five more years (based on a modest disposal rate of 6,000 to 8,000 tons per day
which is far below the permitted disposal rate of 13,200 tons per day).
Closing Puente Hills in 2013, by contrast, will require waste haulers to transport trash to distant
landfills at greater expense, and the additional costs will be passed through to ratepayers.
Assuming even modest savings, by keeping the landfill open for five more years, the cumulative
savings to ratepayers would be tens of millions of dollars.
Transportation costs to more distant landfills will surely cause trash fees to escalate. Higher per
ton rates at other landfills will also cause trash rates to rise significantly. Based on supply and
demand, it is highly likely that when landfill capacity throughout the area suddenly drops by
6,000 to 8,000 tons per day, landfills will logically raise their gates fees to take advantage of the
increased demand for remaining landfill space. Moreover, since Puente Hills accepts large
volumes of greewaste at the low cost of only $22.95 per ton, the gate fees for greenwaste could
double when Puente Hills closes.
There are a number of financial benefits to the residents of Los Angeles County to keeping the
landfill open for five more years. Puente Hills pays roughly $6 million per year in business
license fees; roughly $2 million to the Community Benefit Fund (which is passed through to the
Board); roughly $1.5 million per year for Household Hazardous Waste Collection events;
roughly $100,000 per year for the study of conversion technology; and approximately$2 million
per year for habitat preservation. If the landfill is kept open for five more years, the cumulative
benefit to the County from these sources is $60 million.
112
Support-Extension of Puente Hills Landfill Operating Permit
September 24, 2012
Page 2
A secondary benefit to keeping Puente Hills open is the retention of jobs that are provided by the
Los Angeles county Sanitation Districts. Puente Hills landfill provides good jobs for over 100
people. These are career positions with benefits. Once the landfill closes however, most of these
jobs will be lost.
Postponing the closure of Puente Hills would accomplish important environmental goals as well.
First, a five-year postponement would collect additional funding from gate fees for closure costs.
Closure costs included capturing landfill gas to prevent it from migrating into area homes and
businesses, and to prevent it from contaminating groundwater supplies. Closure also means
capturing leachate (i.e. liquid from decomposed garbage) and treating it to a standard acceptable
to regulations. Since Puente Hills is one of the largest landfills in the world, the measures taken
to prevent problems will be significant and must be continued for more than a century before
these closure measures can be safely suspended. Additional revenue that can be used for closure
costs may be vitally important in the decades to come.
Second, a five-year postponement would allow the landfill to collect an additional $10 million
for Puente Hills Landfill Native Habitat Preservation Authority. The Habitat Authority presently
maintains 3,860 acres of wildlife preserve. Additional funding can provide the Habitat Authority
with the revenue to purchase more land for the protection of wildlife.
Critics will point out that additional tonnage will be added to the landfill if it is allowed to stay
open. However, it should be noted that permitted and approved capacity of this landfill has not
been reached due to the economic slow-down and less tonnage being delivered to Puente Hills
than expected; it should be further noted that continued operation will not expand the existing
approved footprint of the landfill. We need to do everything we can to help the economy recover
and abandoning this costly infrastructure doesn't make sense.
In conclusion, by postponing the closure of the Puente Hills Landfill until October 31, 2018,
there will be savings for ratepayers in the region; there will be additional revenue to pay for
vitally important closure costs; and there will be an additional $30 million collected for the
County through business license fees; an additional $10 million collected for the Community
Benefit Fund; an additional $10 for HHW roundups; an additional $500,000 for conversion
technology; and there will be an additional $10 million for the Habitat Authority to expand the
wildlife preserve.
The City of Azusa respectfully urges you to support the postponement of the scheduled closure
of the Puente Hills Landfill, and to amend the CUP to keep it open until October 31, 2018.
Sincerely,
Joseph R. Rocha
Mayor
cc: Member agencies of the San Gabriel Valley Council of Governments
113
AZUSA
LIGHT A YVATU -
INFORMATION ITEM
TO: HONORABLE CHAIRPERSON AND MEMBERS OF TH r SA UTILITY
BOARD
FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES
DATE: SEPTEMBER 24, 2012
SUBJECT: FOURTH QUARTER BUDGET REPORT FOR WATER AND ELECTRIC
FUNDS FOR FISCAL YEAR 2011-12
Attached reports include unaudited budget information regarding the water and electric funds
through June 30, 2012. Footnotes are provided to indicate data sources and adjustments.
In general, the electric fund had a positive net cash flow for fiscal year ending June 30, 2012 of
about $3.1 million. Retail sales of electricity for FY 2011-12 were slightly lower than prior FY.
See below table for sales and billing trends for electric utility since FY 04-05:
4th Quarter Electric Sales/Billings
FY kWh Sales Billings
04-05 251,265,870 $26,782,803
05-06 245,181,632 $27,355,550
06-07 255,560,858 $28,484,178
07-08 252,240,704 $29,809,429
08-09 253,116,501 $31,274,785
09-10 245,616,149 $30,099,992
10-11 238,728,205 $32,829,429
11-12 236,527,153 $35,315,430
Several items contributed to the positive net cash flow for FY 11-12 for the electric utility: (1)
Electric Utility received $604,202 in interest income from the loans made to the Redevelopment
Agency; (2) Purchased Power costs were less than forecast by about $1.8 million; (3) Other
related costs were also lower, such as Transmission and Dispatching, which were about $470,000
below budget; and (4) Operations and Capital Outlays were also well below budget.
Although the Electric Utility started the FY 2011-12 with a forecasted $1.1 million shortfall,
above factors positively contributed to the Electric Utility's bottom line and helped it achieve an
estimate reserve balance of about $14.9 million, exceeding the Reserve Policy target of$12.9
million.
264
Quarterly Financial Report
September 24, 2012
Page 2
The sales trend for water utility is slightly improved compared to prior FY. Below table shows
sales and billing trends for water utility since FY 04-05 through the end of FY 2011-12:
4th Quarter Water Sales/Billings
FY CCF Sales Billings
04-05 9,044,164 $14,999,031
05-06 9,086,631 $14,302,732
06-07 9,971,443 $15,912,915
07-08 8,502,994 $15,641,966
08-09 8,333,649 $13,988,554
09-10 7,853,732 $15,303,213
10-11 7,384,003 $16,600,100
11-12 7,598,788 $17,199,870
Water sales were about 3% above last fiscal year and retail revenues were about 3.6% above
prior fiscal year. Although the water utility was cash flow negative for FY 2011-12 by about
$570,000, during this same fiscal year the Water Utility used $2.2 million to buy down long term
debt as part of a refunding effort to reduce debt service costs going forward.
The attached Water Utility report reflects $1.8 million in water right lease revenue and shows
that capital improvement costs have been very conservative at about $1.4 million, or 40% of
budget. In general, Expenses came in about 89% of budget for most operating divisions of the
Water Utility and helped the utility maintain a reserve balance of about $21 million--still a very
healthy reserve.
The attached reports are early assessments of the financial position of both utilities and final
audited reports will include various adjustments and probably be available in December.
Prepared by:
Cary Kalscheuer, Acting Assistant Director—Customer Care and Solutions
265
Electric Utility Quarterly Budget Report and Fiscal Year End Forecast
4th Quarter Ended June 30,2012
(UNAUDITED)
Consumption-kWh: 238,728,205 236,527,153 99%
Cash/Reserve Prior Fiscal Year End" $11,751,632 $14,854,018 126%
Revenue
Retail Billing Amounts(2) $34,002,525 $35,315,430 104%
Resale Revenue(3) 6,664,395 5,224,743 78%
Other Miscellaneous Revenue 303,300 262,660 87%
Interest Income(4) 152,915 765,946 501%
Total Revenues $41,123,135 $41,568,779 101%
Expenses
Purchased Power(3) $26,330,710 $24,490,913 93%
Transmission/Dispatching 4,237,640 3,764,127 89%
Operations and Maintenance 3,514,085 3,060,443 87%
Administrative and General's) 2,188,211 2,060,997 94%
Franchise and In-Lieu-Tax 3,400,250 3,247,978 96%
Subtotal Expenses $39,670,896 $36,624,458 92%
Capital Expenditures/Debt Service
Long Term Debt Service(6) $948,151 $948,151 100%
Capital Outlays and Projects(?) 1,650,240 893,783 54%
Total Expenditures $42,269,287 $38,466,393 91%
Adjustments
Transfers Out 9,450 - 0%
Total Expenditures and Transfers Out $42,278,737 $38,466,393 91%
Change in Cash/Reserve ($1,155,602) $3,102,386 -268%
Debt Coverage Ratio(8) 5.12 8.64
(1)Source:FY 2010-11,CAFR,Unrestricted Cash and Rate Stabilization Fund. Reserve Policy is$12.6 million.
(2)Actuals represent amounts billed based on Customer Information System report thru June 30,2012.
(3)Source:Power Resources Division.
(4)Incudes$604,202 of accrued interest from loans made to Redevelopment Agency.
(5)35%share of Fund 31-Admin&Consumer Services Budget less offsetting revenues of$330,238.
(6)Based on annual scheduled debt service payments for Series B and C,2003 Certificates of Participation.
(7)Capital Outlay Accts and Capital Improvement Project budget figures.
(8)Total Revenue less Cost for Purch'd Pwr,Trans,O&M,and A&G,divided by debt service. Minimum debt
coverage requirement is 1.10 per bond financing agreements. This is preliminary d/c ratio and it may vary with
Disclosure Report prepared after the audited financial reports are available,around December 2012.
266
Water Utility Quarterly Budget Report
Fourth Quarter Ended June 30,2012
(UNAUDITED)
Consumption-CCF: 7,384,003 7,598,788 103%
Cash and Investments:") $21,444,890 $20,872,518 97%
Revenues
Retail Billing Amounts(2) $16,923,415 $17,199,870 102%
Other Revenues(3) 3,981,510 2,731,834 69%
Interest Income 500,000 103,770 21%
Total Revenues $21,404,925 $20,035,474 94%
Expenses
Production $2,589,163 $2,390,956 92%
Purchased Water 3,083,954 2,761,232 90%
Transmission and Distribution 2,682,335 2,494,116 93%
Customer Accounting and Sales(4) 4,059,174 3,822,923 94%
Administrative and Engineering 1,085,043 670,435 62%
Franchise Fees 338,470 320,401 95%
Subtotal Expenses $13,793,139 $12,460,063 90%
Capital Expenditures/Debt Service:
Debt Service Payments(5) $6,728,271 $6,728,271 100%
Capital Improvement Budget(6) 3,524,423 1,419,514 40%
Total Expenses(Less Bond Funding) $ 24,045,833 $20,607,847 86%
Adjustments
Transfers Out(7) $0 $0 n/a
Total Expenditures and Transfers Out $ 24,045,833 $20,607,847 86%
Net Change in Cash(Negative) ($2,640,908) ($572,372) 22%
Debt Coverage Ratio(8) 1.17 1.74
Notes:
(1)Source:Cash and Investments from FY 10-11 CAFR. Reserve Policy is$25 million.Note that
Land was acquired from Redevelopment Agency for$2.9 million. This reduced cash by$2,919,646.
(2)Based on Customer Information System Billing Amounts through June 30,2012.
(3)Includes water right lease revenue in amount of$1.8 million.
(4)65%of Customer Service Fund Expenses thru 6/30/12 less offsetting revenue of$330,238.
(5)Principal and Interest on 2003 COP and 2006 Revenue Bonds plus$2.2 million buy down of 2003 Debt thru
refinancing during FY 2011-12.
(6)Approved appropriations for multi-year projects,some of which are carryovers from prior year.
(7)Half of Interest Income may be transferred by policy if there is positive net income.
(8)Total Revenues less Production,Purch'd Wtr,T&D,Cust Acctg,&A&G divided by(Debt Svc Pymnts
less the$2.2 million)used to buy down existing debt. Minimum debt coverage requirement
is 1.25 per bond financing agreements.
267
y3yd`
rf>
AZ
LIG*.
HT A 'VUSATUA
INFORMATION ITEM
TO: HONORABLE CHAIRPERSON AND MEMBERS OF T • SA UTILITY
BOARD
FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES
DATE: SEPTEMBER 24, 2012
SUBJECT: NOMINATION FOR A SAN GABRIEL BASIN WATER QUALITY
AUTHORITY (WQA) BOARD MEMBER AND ALTERNATE REPRESENTING
CITIES WITH PRESCRIPTIVE WATER PUMPING RIGHTS
The San Gabriel Basin Water Quality Authority was established in 1993 to initiate and oversee
water treatment programs in the areas of the San Gabriel Valley that have been designated as
Superfund sites by the EPA. The Superfund areas overlay groundwater which has been
contaminated by years of industrial dumping of various solvents and other contaminants.
The WQA operates under the direction and oversight of a 7-member board which consists of one
member each from the three overlying municipal water districts; one member from a city without
prescriptive water pumping rights; two members representing water producers in the San Gabriel
Basin; and one member from a city that has prescriptive pumping rights. The City of Azusa is a
city that has prescriptive water pumping rights.
Due to a vacancy that will arise from the expiration of the four year term of the representative for
cities with prescriptive water rights, nominations are being sought by the WQA from those cities
for candidates to fill the impending vacancy.
Attached to this Information Item are a cover letter from the WQA, a "CALL FOR
NOMINATIONS FOR ELECTION OF A CITY MEMBER AND ALTERNATE FROM
CITIES WITH PUMPING RIGHTS," a sample resolution, and a copy of Senate Bill No. 1679,
the enacting legislation that created the Water Quality Authority.
If there is interest by a Utility Board member in being nominated for the Water Quality
Authority, please contact the City Manager or Director of Utilities and we will prepare the
necessary resolution for City Council approval at an upcoming meeting.
Prepared by: Chet Anderson, Assistant Director- Water Operations
268
4 San Gabriel Basin Water Quality Authority
1720 W.Cameron Avenue,Suite 100,West Covina,CA 91790 • 626-338-5555 • Fax 626-338-5775
t:4 V- ao
,
Q.7brie'
August 21, 2012
City Manager
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702
RE: NOMINATION FOR WQA BOARD MEMBER AND ALTERNATE
REPRESENTING CITIES WITH PRESCRIPTIVE WATER PUMPING
RIGHTS
Dear City Manager:
The San Gabriel Basin Water Quality Authority (WQA) was established by the State
Legislature (SB 1679) on February 11, 1993 to develop, finance and implement
groundwater treatment programs in the San Gabriel Valley. The WQA is under the
direction and leadership of a 7-member board, one member of each of the three overlying
municipal water districts, one from a city with prescriptive water pumping rights, one
from a city without prescriptive water pumping rights, and two representing water
producers in the San Gabriel Basin. As stipulated in our enabling legislation, the term of
the board member and alternate representing cities with pumping rights will expire
January 1, 2013. An election for this seat will take place on December 19, 2012 at 12:00
p.m. at WQA Headquarters.
A city is not limited to nominating its own council members and may vote in the election
whether or not it nominated a candidate. Listed below are cities from which city council
members are eligible:
CITIES WITH PRESCRIPTIVE WATER PUMPING RIGHTS
Alhambra Arcadia
Azusa Covina
El Monte Glendora
Industry Irwindale
Monterey Park Monrovia
South Pasadena Whittier
269
Please find enclosed a "Call for Nomination" form, sample resolution, and a copy of SB
1679. Please read through the enclosures and forward copies to your council members.
We will accept nominations made only by resolution from September 20, 2012 through
October 19, 2012 at 5:00 p.m. Nominations arriving before or after the nomination
period WILL NOT BE ACCEPTED.
To ensure that we receive your nominations, we ask that the resolution be sent by
certified mail, FedEx or UPS with a SIGNATURE_ REQUIRED or hand delivered to
our office. After nominations are collected, a list of candidates and ballots will be sent
to the cities no later than November 2, 2012.
If I can be of any assistance, please contact me at the phone number or email address
listed below.
Sincere
Stephanie Moreno
SAN GABRIEL BASIN
WATER QUALITY AUTHORITY
1720 W. Cameron Ave., Suite 100
West Covina, CA 91790
(626)338-5555
Stephanie@wga.corn
Enclosures
**NOMINATIONS CANNOT BE ACCEPTED PRIOR TO
SEPTEMBER 20, 2012. **
**NOMINA TIONS MUST BE SENT OR DELIVERED WITH A
"SIGNATURE REQUIRED" TO CONFIRM DELIVERY OR THEY
WILL NOT BE ACCEPPTED**
270
CALL FOR NOMINATIONS
FOR
• ELECTION OF CITY MEMBER AND ALTERNATE FROM
CITIES WITH PUMPING RIGHTS
TO THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY
PURSUANT TO SB 1679
CITY: AZUSA
TO THE CITY COUNCIL:
The ELECTION OF the city member and alternate of the Board of the San Gabriel Basin
Water Quality Authority ("the Authority") from cities with pumping rights will take place at the
regularly scheduled meeting of the Board of the Authority set for December 19,2012 at 12:00 p.m.,
at 1720 W. Cameron Ave, Suite 100, West Covina, California.
Nominations for candidates for a city member elected by cities with pumping rights may be
made by any city with pumping rights. Each city may nominate only one candidate.
The member and alternate shall be City Council members or Mayors from cities with
pumping rights. An alternate member acts in the place, and performs all the duties, of the city
member selected by the same cities if that city member is absent from a meeting of the Authority or
has vacated his or her office until the vacancy is filled pursuant to the provisions of SB 1679.
No person who,directly or indirectly,at the time of election,receives,or during the two-year
period immediately preceding election received, 10 percent or more of his or her income from any
person or public entity subject to regulation by, or that received grants from or contracts for work
with,the Authority may serve as a member of the Authority.
Your city may nominate one candidate by resolution of the City Council. Your nomination
must be submitted to the Authority at least 60,but not more than 90 days preceding the meeting at
which the election is to be held.
271
(SAMPLE RESOLUTION)
If you would like an electronic version of this resolution please email Stephanie Moreno to
request one at: stephanienu,wga.com
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF , CALIFORNIA
NOMINATING COUNCILMEMBER
TO REPRESENT CITIES WITH PRESCRIPTIVE WATER
PUMPING RIGHTS ON THE BOARD OF THE
SAN GABRIEL BASIN WATER QUALITY AUTHORITY
WHEREAS, on September 22, 1992, Senate Bill 1679 was signed into law by Governor Pete
Wilson authorizing the creation of the San Gabriel Basin Water Quality Authority; and
WHEREAS,the Board of the San Gabriel Basin Water Quality Authority is composed of seven
members with three appointed members from each of the three municipal water districts, one
elected city council person from cities in the San Gabriel Basin with prescriptive water pumping
rights, one elected city council person from cities in the San Gabriel Basin without prescriptive
water pumping rights, and two members representing water producers in the San Gabriel Basin
and;
WHEREAS, the City of is one of the cities in the San Gabriel Basin with
prescriptive water pumping rights;
WHEREAS, the City of may nominate a representative by resolution from
September 20, 2012 through October 19, 2012.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of nominates
Councilmember as the representative for
cities in the San Gabriel Basin with prescriptive water pumping rights.
PASSED,APPROVED AND ADOPTED this day of , 2012.
272
Senate Bill No. 1679
CHAPTER 776
An act,to create,and to repeal the act creating,the San Gabriel
Basin Water Quality Authority,relating to water.
[Approved by Governor September 19,1992.Filed with
Secretary of State September 21,1992.]
LEGISLATIVE COUNSEL'S DIGEST
SB 1679,Russell. San Gabriel Basin Water Quality Authority.
(1) Under existing law, various agencies provide for the
management of water in prescribed districts.
This bill would enact the San Gabriel Basin Water Quality
Authority Act to create the San Gabriel Basin Water Quality
Authority.
The bill would prescribe the organization, boundaries,
management,powers,duties,and financing of the authority.The bill
would require the authority to be administered by a 5-member
governing body known as the San Gabriel Basin Water Quality
Authority Board. The bill would require the Los Angeles Regional
Water Quality.Control Board to report to the Legislature on the
progress of the authority,as prescribed.
The bill would impose a state-mandated local program by
imposing various duties on local entities.
The bill would make these provisions, except for the report
requirement,inoperative on the occurrence of 2 prescribed events.
With a certain exception,the bill's provisions would be repealed on
January 1,1998,unless a later enacted statute extends or repeals that
date.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement,including the creation of a State Mandates Claims
Fund to pay the costs of mandates which do not exceed$1,000,1300
statewide and other procedures for claims whose statewide costs
exceed $1,000,000.
This bill would provide that,if the Commission on State Mandates
determines that this bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to those
statutory procedures and, if the statewide cost does not exceed
$1,000,000,shall be made from the State Mandates Claims Fund.
The people of the State of California do enact as follows:
SECTION 1. This act shall be known and may be cited as the San
Gabriel Basin Water Quality Authority Act.
89 100
-3— Ch. 776
Article I. General Provisions to clean_up the Main San Gabriel Basin, which include all of the
following:
Sec. 101. The Legislature hereby finds and declares all of the (1) Characterization of basin contamination.
following: (2) Development and implementation of a comprehensive basin
(a) Groundwater in the San Gabriel Valley in Los Angeles County cleanup plan.
(3) A plan for.financing the design,construction,operation,and
is seriously contaminated with hazardous substances.
(b) The contamination is deep and widespread, with maintenance of groundwater cleanup facilities.
approximately 70 out of 275 wells contaminated in excess of (5) CPoordination
forn a with fed informationra ,and local
maximum contaminant levels or state action levels for various (5)hCoordination eintendsenstate,the local entities.
volatile organic compounds and nitrates. (h) The Legislature that watermaster, the joint
(c) The groundwater in the Main San Gabriel Basin is the primary powers authority, and the San Gabriel Basin Water Quality
source of drinking water for over 1,000,000 residents of the San Authority,as the successor to the joint powers authority,continue to
coordinate their respective groundwater management
Gabriel Valley.
(d) Strong and consistent local management of San Gabriel Valley responsibilities and meet periodically to review, evaluate, and
groundwater cleanup is needed to protect and enhance water groy, as needed, inhe he ban of responsibilities for managing
quality,ensure protection of the beneficial uses of the groundwater, groundwater cleanup in the basin.
and promote and foster the cleanup.of this valuable resource. Sec. 10 2. It is the intent of the Legislature in enacting this act:o
(e) There is no existing local entity which has all of the necessary (a)ttTthe publicre the San Gabriel Basinsafety Water Quality Authority to
authority and jurisdiction to carry out the financial and institutional grprotect health and mn projects planning and ed out by
arrangements necessary to coordinate an effective cleanup program. euier extraction and treatment sinto provide bcarried water by
er
(f) (1) The watermaster for the Main San Gabriel Basin was the authority in the Main San basin,anddl Basin,to potable water
appointed by the Superior Court in and for the County of Los forremedialbeneobjectives uses in the to contribute atol the agencies.nwide
Angeles,pursuant to a judgment entered upon the stipulation of all established by state and federal
of the parties with water rights in the Main San Gabriel Basin, to (b) er To-encourage the San Gabriel Basin Water Quality Authority
regulate the extraction and replenishment activities in that basin, to cooperate with the State Water Resources Control Board,the Los
Angeles Regional Water Quality Control Board, the State
Nothing in this act is intended toe and the authority granted to the Department of Health Services, the United States Environmental
judgment. Protection Agency, the Metropolitan Water District of Southern
(2) The watermaster has developed a program for the California, the Main San Gabriel Basin Watermaster, and other
management of the Main San Gabriel Basin,which includes all of the
following: appropriate agencies,in carrying out the requirements and purposes
(A) Regulation of water rights. of this act.
(B) Imposition of an annual safe yield for the basin. (c) That the cleanup of contaminated groundwater authorized by
(C) Development of a plan for the importation of water into the this act be undertaken so as to do both of the following:
Main San Gabriel Basin for the purpose of replenishment,including (1) inatedt roo dwater to the extent Sn feasible,b the Basin intooe e
a plan to accomplish the long-term conjunctive use of the basin's contaminated groundwater from the Main San Gabriel the
groundwater storage capacity. Central and West Water Basins.
(D) Regulation of groundwater production. (2) Use reasonable,technically sound,and cost-effective measures
(E) Implementation of procedures for compliance with water to ensure that groundwater extracted from the Main San Gabriel
usesBasn will h meet applicable regulatory standards for the beneficial
supply requirements relating to the lower San Gabriel Basin.
(F) Regulation of of the water.
groundwater pumping activities for purposes of (d) That,because of the pervasive nature and multiple sources of
water quality protection.
contamination in the San Gabriel Valley,appropriate credit should
(G) Monitoring groundwater quality and collection of be given for the amount of prior groundwater investigation and
groundwater quality data. remediation expenditures b anyres
(H) Preparation of an annual five-year water quality and supply Y acetum party when
plan. determining the amount of costs recoverable from that party.
(I) Coordination of activities with the joint powers authority. (e) That,if the costs of any removal or remedial action project are
increased as a result of conjunctive use,those increased costs shall not
(g) The joint powers authority has developed cleanup programs
be costs recoverable from responsible parties.
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Thence south along the west line of Section 8 and continuing south
Article 2. Creation and Boundaries
along the west line of Section 17 to the southwest corner of Section
Sec. 201. The San Gabriel Basin Water Quality Authority is 17Thencerner east along the northbeing also therthline of Sectzionswest cornerf 20 and 21Section �to the
hereby created. northwest corner of Section 22,the corner being also the southwest
Sec.202. The boundaries of the authority are as follows: corner of Section 15;
Beginning at the southwest corner of Section 14, Township 1 Thence north along the west line of Section 15 to the northwest
North,Range 11 West,San Bernardino Base and Meridian;
rner of the on 15;
Thence north along the west line of Section 14 to the northwest co Thence east salong outh half north of line of the south half of Section 15 to
corner of the south half of Section 14; the northeast corner of the south half of Section 15;
Thence east along the north Iine of the south half of Section 14 to Thence south along the east line of Section 15 and continuing south
the east line of Section 14; along the east line of Section 22 to the southeast corner of Section 22,
Thence north along the east line of Section 14 and continuing the point being also the southwest corner of Section 23;
north along the east line of Section 11 to the northeast corner of Thence east along the south line of Sections 23 and 24 to the east
Section 11; line of the west half of Section 24;
Thence east along the north line of Section 12 to the northeast Thence north along the east line of the west half of Section 24 to
corner of Section 12; the north line of the section;
Thence south along the east line of Section 12 and continuing south Thence east along the north line of Section 24 to the northeast
along the east line of Section 13 to the southeast corner of Section 13, corner of the section, the point also being the northwest corner of
the corner being also the southwest corner of Section 18,Township Section 19,Township 1 North,Range 8 West;
1 North, Range 10 West; Thence east along the north line of Sections 19 and 20,Township
Thence east along the south line of Sections 18, 17, 16, and 15, 1 North,Range 8 West to the northeast corner of Section 20;
Township 1 North,Range 10 West to the southwest corner of Section Thence south along the east line of Sections 20, 19, and 32,
14; Township 1 North,Range 8 West to the southeast corner of Section
Thence north along the west line of Section 14 to the northwest 32;
corner of the south half of Section 14; Thence west along the south line of Section 32 to the northwest
Thence east along the north line of the south half of Section 14 to corner of the east half of Section 5,Township 1 South,Range 8 West•,
the east line of the section; Thence south along the west line of the east half of Section 5 of the
Thence north along the east line of Section 14, and continuing south line of Section 5;
north along the west line of Section 12 to the north lineThence west to the east line of the northerly prolongation of Range
12; of Section 9 West;
Thence,east along the north line of Section 12,to the northeast Thence south 67 degrees 30 minutes west to an intersection with
corner of Section 12,the corner being also the southwest corner of the northerly prolongation of the west line of Section 27,Township
Section 6,Township 1 North,Range 9 West; 1 South,Range 9 West;
Thence north along the west line of Section 6 and continuing north Thence south along the northerly prolongation of the west line of
along the west line of Sections 31 and 30,Township 2 North,Range Section 27 and continuing south along the west line of Section 27 to
9 West to the westerly prolongation of the north line of Section 30; the southwest corner of Section 27,the point being also the southeast
Thence,east along the westerly prolongation of the north line of
on
Section 30 and continuing east along the north line of Section 29 to corner cThence weste Seal 28;
along the south line and westerly prolongation of the
the northeast corner of Section 29; south of
Thence south along the east line of Section 29 and continuing south of R lige 9 Westion 28 to the northerly prolongation of the west line
along the east line of Section 32,Township 2 North,Range 9 West,
and thence continuing south along the east line of Section 5, Thence south westerlyalrthe prolongationofthe of the west line of Range 9
Township 1 North,Range 9 West to the southeast corner of Section Westutto the prolongation of north line of Township 2
5; South;
Thence west along the westerly prolongation of the north line of
Thence west along the south line of Section 5 to the southwest Township 2 South,a distance of 8,500 feet;
corner of Section 5, the point being also the northwest corner of Thence south a distance of 4,500 feet;
Section 8; Thence west a distance of 10,700 feet;
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Thence south 29 degrees west to the intersection with the Thence north 64 degrees 30 minutes east to the intersection with
northerly prolongation of the west line of Section 20,Township 2 •
the west line of Section 23,Township I North,Range 11 West;
South,Range 10 West Thence north along the west line of Section 23 to the northwest
Thence south along the northerly prolongation of the west line of ( corner of the section,the point being the southwest corner of Section
Section 20 and continuing south along the west line of Section 20 to 14,Township 1 North,Range 11 West and the point being also the
the southwest corner of Section 20; 1 point of beginning.
Thence south a distance of 2,000 feet;
Thence west a distance of two miles, more or less, to the Article 3. Definitions
intersection with the east line of Section 26,Township 2 South,Range
11 West; Sec.301. Unless the context otherwise requires,the definitions in
Thence north along the east line of Section 26 and continuing this article govern the construction of this act.
north along the east line of Section 23,Township 2 South,Range 11 Sec.302. "Authority"means the San Gabriel Basin Water Quality
West to the northeast corner of Section 23; Authority.
Thence west along the north line of Section 23 to the northwest Sec.303. "Board"means the San Gabriel Basin Water Quality
corner of the section,the point being also the southeast corner of Authority Board,which is the governing body of the authority.
Section 15,Township 2 South,Range 11 West; Sec.304. "Board member"or"member"means a member of the
Thence north and west along the east and north lines,respectively, board.
of Section 15,Township 2 South,Range 11 West,to the northwest (a) "Alternate member" or "alternate" means the nominee
corner of the section; receiving the second highest number of votes in an election of a city
Thence west along the westerly prolongation of the north line of member or the person appointed by a water district to act in the
Section 15,Township 2 South,Range 11 West to the intersection with place of a member if that member is absent or the member has
a line parallel to,and one mile east of,the west line of Range 11 West; vacated the office.
Thence north along the parallel line to the intersection with the (b) City member"means a member elected by the cities with
northerly boundary of the City of Pico Rivera as that city existed on pumping rights or the cities without pumping rights.
July 17,1970; (c) 'Water district member"means a member appointed by one
Thence west along that city boundary to the intersection with the of the water districts.
east line of Range 12 West; Sec.305. "City"means a city which partially or entirely overlies
Thence north along the east line of Range 12 West to the north line the Main San Gabriel Basin or a city which has,or may acquire,the
of Township 2 South; right to pump water from the basin.
Thence west along the north line of Township 2 South to the (a) "Cities with pumping rights" means cities which have,
intersection with the southerly prolongation of the east line of the pumping rights in the basin in accordance with the judgment and
west half of Section 26,Township 1 South,Range 12 West; includes the Cities of Alhambra,Arcadia,Azusa,Covina,El Monte,
Thence north along the southerly prolongation of the east line of Glendora,Industry,Irwindale,La Verne,Monrovia,Monterey Park,
the west half of Section 26 to the southeast corner of the west half; South Pasadena,and Whittier.
Thence west along the south line of Sections 26,27,and 28, (b) Cities without pumping rights"means cities which do not
Township 1 South,Range 12 West to the southeast corner of Section have pumping rights in the basin in accordance with the judgment
29,Township 1 South,Range 12 West; and includes the Cities of Baldwin Park,Bradbury,Duarte, La
Thence north along the east line of Section 29 to the northeast Puente,Rosemead,San Dimas,San Gabriel,San Marino,Sierra
corner of the south half of Section 29 Madre,South El Monte,Temple City,and West Covina.
Thence west along the north line along the south half of Section Sec.306. "Groundwater"means water beneath the surface of the
29 to the northwest corner of the section; ground and within the zone of saturation.
Thence north along the west line of Sections 29,20,17,and 8, Sec.307. "Groundwater basin"means an interconnected and
Township 1 South,Range 12 West; permeable geologic formation capable of storing and yielding
Thence north along the northerly prolongation of the west line of substantial groundwater supply.
Section 8,Township 1 South,Range 12 West to the intersection with. Sec. 308. "Joint powers authority" means the entity formed
the north line of Township 1 south; pursuant to the"Joint Exercise of Powers Agreement Creating Main
Thence east along the north line of Township 1 south to the _ San Gabriel Basin Water Quality Authority,"dated July 27,1990,by
1V northeast corner of Section 3,Township 1 South,Range 12 West; and among the Upper San Gabriel Valley Municipal Water District,
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Ch. 776 —8^ 1 —9— Ch. 7'76
the San Gabriel Valley Municipal Water District, and the Three (b) Make and enter into contracts.
Valleys Municipal Water District. (c) Sue and be sued in its own name and to the extent authorized
Sec. 309. "Judgment" means the judgment, as amended or as it by Section 407, bring suits to recover, from responsible parties, the
may be amended, of the Superior Court in and for the County of Los removal and remedial action costs incurred by the authority.
Angeles in Upper San Gabriel Valley Municipal Water District v. (d) Adopt a seal and alter it at pleasure.
City of Alhambra (Case Number 924128) (e) Acquire, construct, manage, maintain, and operate any
Sec. 310. "Main San Gabriel Basin" or "basin" means the buildings, works, or improvements, both inside and outside the
groundwater basin underlying the land within the boundaries of the boundaries of the authority.
authority_ (f) Acquire, own, hold, or dispose of property both inside and
Sec. 311. "Produce" means to pump water from the basin, outside the boundaries of the authority.
Sec. 312. "Producer" means a person or entity that produces (g) Incur debts, liabilities, and obligations.
water. (h) Issue bonds, notes, and warrants and other evidence of
Sec. 313. "Public water system" means any entity that operates indebtedness and enter into leases, installment sales contracts, and
a public water system, as defined in subdivision (f) of Section 4010.1 other agreements to finance costs and expenses incidental to the
of the Health and Safety Code. projects of the authority.
Sec. 314. "Pumping right assessment" means an assessment on (i) Enter into agreements with the watermaster and other
prescriptive pumping rights levied by the authority upon the holder appropriate entities to do any of the following:
of a prescriptive pumping right, as determined under the judgment. (1) Store water in the basin.
Sec. 315. "Water district" means the San Gabriel Valley (2) Purchase and import water for the benefit of the authority.
Municipal Water District, the Upper San Gabriel Valley Municipal (3) Exchange water.
Water District, or the Three Valleys Municipal Water District. (4) Distribute water to producers in exchange for ceasing or
Sec. 316. "Watermaster" means the watermaster appointed to reducing groundwater extraction.
administer the judgment. (5) Regulate pumping in accordance with the judgment.
(j) Own and operate facilities to extract, purify, and treat water
Article 4. Powers and Purposes for the beneficial use of persons or property within the authority.
(k) Acquire, within or outside the authority and within the state,
Sec. 401. The authority may do any of the following: by purchase, condemnation, or other legal means, all property, or
(a) Coordinate groundwater remediation planning and rights in property, that the authority determines to be necessary or
implementation activities among the water districts, the producers, proper for the purposes of the authority, except that the authority
and the authority. shall not exercise the power of eminent domain as to water, water
(b) Control and remove hazardous substances from the basin, rights, reservoirs, pipelines, water distribution systems, waterworks,
(c) Construct, operate, and maintain water treatment facilities or powerplants that are devoted to beneficial or public use. Eminent
which benefit the basin. domain proceedings may be brought by the authority for these
(d) Receive and expend funds obtained from all of the following purposes pursuant to Title 7 (commencing with Section 1230.01.0) of
sources: Part 3 of the Code of Civil Procedure.
(1) Federal, state, or local governments. (1) Act jointly or cooperate, within or outside the boundaries of
(2) Nongovernmental entities. the authority, with the United States, the state, a county, city, or
(3) The proceeds from the issuance of bonds,notes, warrants, and district, the watermaster, or any corporation, or person to carry out
other indebtedness to finance treatment projects which benefit the this act.
basin. (m) Carry on technical and other investigations of all kinds
(4) Pumping right assessments. necessary to carry out the purposes of this act.
Sec. 402. The authority may undertake projects which relate to, (n) Levy pumping right assessments and impose charges for the
but are not limited to, efforts to correct water quality problems due sale of groundwater extracted and treated by the authority to pay for
to volatile organic compounds, nitrates, and mineral salts. These the administrative costs of the authority, to pay for the operation and
projects shall be undertaken pursuant to, and shall be consistent maintenance costs of facilities including reasonable reserves for
with, the basinwide plan adopted under Section 406. operation and maintenance costs, to repay warrants, notes, bonds,
Sec. 403. The authority may do any of the following: and other evidence of indebtedness, to make payments pursuant to
(a) Employ agents and employees. leases or installment sale agreements in connection with certificates
89 260 89 290
..ii. 1 1 0 _iu_ _-
of participation, and to make payments pursuant to any other (b) Persons or entities responsible for the contamination of the
financial obligations.Pumping right assessments may be levied on, basin shall cooperate with the authority in developing and
and are payable by, public agency holders of prescriptive rights implementing plans for the cleanup of the contamination.
under the judgment. (c) To the extent authorized under Section 107 of the
(o) Issue bonds,notes,warrants,other evidence of indebtedness Comprehensive Environmental Response, Compensation, and
or certificates of participation in contracts payable from the levy of Liability Act of 1980,as amended (42 U.S.C.Sec.9607),or Chapter
pumping right assessments,the imposition of charges for the sale of 6.8 (commencing with Section 25300) of Division 20 of the Health
groundwater extracted and treated by the authority, or with any and Safety Code, the authority may pursue legal action against
persons or entities that are responsible for the contamination of the
other revenues legally available to the authority.
Sec: 404. No power granted to the authority expands, limits basin to recover removal or remedial action costs incurred by the
authority for the cleanup of the contamination attributable to that
supersedes, or otherwise impairs any authority granted to the
person or entity,including the costs of enforcement and litigation.
watermaster under the judgment,except that any plan adopted by
the authority pursuant to Section 401 or 406 is,for purposes of the
judgment,a basin cleanup plan adopted by a public governmental Article 5. Organization
agency with responsibility for groundwater management or cleanup.
Any project undertaken by the authority which involves the Sec. 501. The authority shall be governed by the board. The
powers and duties of the authority shall be exercised by and through
pumping of groundwater from the basin is subject to regulation in
accordance with the judgment. the board.
Sec.405. The authority may contract with appropriate entities to Sec. 502. (a) The board shall be composed of five members,
three of whom are appointed by the water districts and two of whom
carry out the purposes of the act and the rules and regulations
adopted pursuant to this act. are elected by the cities.
Sec. 406. (a) The authority shall develop and adopt a basinwide (b) No person who,directly or indirectly,at the time of election
groundwater quality management and remediation plan. The or appointment, receives, or during the two-year period
authority shall cooperate with all appropriate entities for that immediately preceding election or appointment received, 10
purpose. The plan shall include, but not be limited to, all of the percent or more of his or her income from any person or public
following components: entity subject to regulation by, or that receives grants from or
(1) Characterization of basin contamination. contracts for work with,the authority may serve as a member of the
(2) Development and implementation of a comprehensive basin authority.
cleanup plan. Sec.503. The water district members and their alternates shall be
(3) A plan for•financing the design,construction,operation,and appointed as follows:
(a) One member and one alternate shall be appointed by the
maintenance of groundwater cleanup facilities.
(4) Provision for a public information and participation program. Board of Directors of the Upper San Gabriel Valley Municipal Water
(5) Coordination with federal,state, and local entities. District. The member and alternate appointed pursuant to this
(b) The basin-wide plan shall be consistent with the National subdivision shall be elected members of that board and shall be
Contingency Plan and with any applicable records of decision issued appointed by resolution adopted by a majority of that board.
by the United States. Environmental Protection Agency, all (b) One member and one alternate shall be appointed by the
requirements of the Los Angeles Regional Water Quality Control Board of Directors of the San Gabriel Valley Municipal Water
Board, including that board's Basin Plan, and all applicable District. The member and alternate appointed pursuant to this
agreements between federal,state, and local agencies engaged in subdivision shall be elected members of that board and shall be
cleanup activities.The basinwide plan shall consider the benefits to appointed by resolution adopted by a majority of that board.
be achieved by the plan or any proposed project in relation to its (c) One member and one alternate shall be appointed by the
economic impact on persons or entities within the boundaries of the Board of Directors of the Three Valleys Municipal Water District.
authority. The member and alternate appointed pursuant to this subdivision
Sec.407. (a) The authority may cooperate with the Los Angeles shall be elected members of that board and shall be appointed by
Regional Water Quality Control Board and the United States resolution adopted by a majority of that board.
Sec.504. The city members and their alternates shall be elected
Environmental Protection Agency in their investigation and
identification of persons or entities that are responsible for the as follows:
contamination of the basin. (a) One member and one alternate shall be elected by the cities
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Ch. 776 —12—
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with pumping rights_The member and alternate elected pursuant to receiving the highest number of votes,is the alternate member.
this subdivision shall be city council members from cities with (2) The candidate receiving the highest number of votes cast by
pumping rights. cities without pumping rights shall be elected to fill the office
(b) One member and one alternate shall be elected by the cities representing cities without pumping rights.The candidate receiving
without pumping rights. The member and alternate elected the next highest number of votes cast by cities without pumping
pursuant to this subdivision shall be city council members from cities rights,who is not a city council member from the same city as the
without pumping rights. candidate receiving the highest number of votes, is the alternate
Sec.505. Each of the members elected by the cities pursuant to member.
Section 504 shall be elected according to the following procedure: (g) Not later than March 1,1993,the joint powers authority shall
(a) A city with pumping rights may vote for candidates to be call and conduct the election to elect the initial city members and
elected to represent cities with pumping rights. A city without alternates.Thereafter,the election of city members shall be called
pumping rights may vote for candidates to be elected to represent and conducted by the authority.
cities without pumping rights.The number of votes which a city may Sec.506. An alternate member shall act in the place,and perform
cast is determined by the population of the city. Each city has one all of the duties, of the city member or water district member
vote for each 10,000 residents or majority fraction thereof, as selected by the same cities or water district if that city member or
determined by the most recent United States decennial census data. water district member is absent from a meeting of the authority or
The number of votes to which a city is entitled shall be computed by has vacated his or her office until the vacancy is filled pursuant to this
rounding the population of the city to the nearest 10,000 and dividing act.
that number by 10,000. Each city has a minimum of one vote. Sec.507. (a) Except as provided in subdivision (b),the terms of
(b) An election for a city member shall be conducted at the the members shall commence on the first Monday in January and
board's final regular meeting of the calendar year preceding the each member shall hold office for a term of four years and until the
expiration of the term of the office of that city member. successor takes office.
(c) Nominations for candidates for a city member elected by cities (b) With respect to the initial board members,the terms of the
with pumping rights may be made by any city with pumping rights. member appointed by the Three Valleys Municipal Water District
Nominations for candidates for a city member elected by cities and the member elected by the cities without pumping rights shall
without pumping rights may be made by any city without pumping expire on January 1,1995,and the terms of the remaining members
rights. Each city may nominate only one candidate for each office. shall expire on January 1, 1997.
Nomination shall be made by resolution of the city council of the Sec.508. Any vacancy in the office of a member shall be filled as
nominating city.All nominations shall be submitted to the authority follows:
at least 60, but not more than 90, days preceding the meeting at (a) A vacancy in the office of a member or alternate who was
which the election is to be held. appointed by a water district shall be filled by the appointing water
(d) The authority shall adopt procedures for preparing and district by a resolution adopted by a majority vote of the district .
distributing ballots to each city eligible to vote in the election.Ballots governing board.The person appointed to fill the vacancy shall meet
shall be distributed to all cities which are eligible to vote at least 45 the qualifications applicable to the vacant office and shall serve for
days prior to the meeting at which the election is to be held. Each the remaining term of the vacant office.
ballot shall indicate the number of votes which the city is entitled to (b) A vacancy in the office of a member or alternate who was
cast. elected by cities shall be filled by a special election called by the
(e) Each city shall cast all of its votes for one candidate for each authority.Only those cities which elected the member or alternate
office,by resolution of the city council.The resolution casting the to the office in which the vacancy has occurred are eligible to vote.
city's votes shall be delivered to the authority at least 24 hours before Nominations and balloting shall be conducted in the same manner
the meeting at which the election is held. Any resolutions not as a regular election,except that the date of the election and time
received by the authority 24 hours before the election may not be periods shall be as prescribed by the authority. The member or
counted. alternate elected to fill a vacancy shall meet the qualifications
(f) (1) The candidate receiving the highest number of votes cast applicable to the vacant office and shall serve for the remaining term
by cities with pumping rights shall be elected to fill the office of the vacant office.
representing cities with pumping rights.The candidate receiving the Sec. 509. The board shall annually elect from its membership a
next highest number of votes cast by cities with pumping rights,who chairperson, vice chairperson, secretary, and treasurer. The board
is not a city council member from the same city as the candidate may appoint additional officers and employ additional employees
11
89 360 89 380
and assistants that may be necessary or appropriate. of participation,and other evidences of indebtedness issued by the
Sec. 510. A majority of the board constitutes a quorum for authority shall be payable from any revenues or moneys of the
transaction of business of the authority. authority available therefore and not otherwise pledged and shall be
Sec.511. Except as otherwise provided,all actions of the board negotiable even though they are payable from special funds.The
shall be approved by an affirmative vote of a majority of all of the authority may do any of the following with regard to any notes,
members. bonds,certificates,or other evidences of indebtedness:
Sec.512 Each member shall receive compensation for each (1) Sell them at public or private sale for prices,and upon terms
meeting of the board attended,which amount shall be fixed from ! and conditions,determined by the authority.
time to time by the board,but shall not exceed the amount allowed (2) Sell them as serial or term instruments or both.
by law for members of the board of a municipal water district. (3) Have them bear dates,and mature at times,not to exceed 20
Sec 513. All meetings of the board shall be open to the public and years from their respective dates,bear interest at rates,be payable
shall be held in accordance with the Ralph M.Brown Act(Chapter at times, be in denominations, be in forms, either coupon or
9(commencing with Section 54950)of Part 1 of Division 2 of Title registered,carry registration privileges,he executed in the manner,
5 of the Government Code). be payable in lawful money of the United States at places,and be
Sec.514. The board shall adopt rules and regulations for the subject to terms of redemption as the indenture,trust agreement,or
conduct of its affairs. resolution relating to those instruments provides.
Sec.515. Each of the officers,employees,and assistants shall (4) Secure them by a trust agreement or indenture by and
serve at the pleasure of the board and shall perform the duties and between the authority and a corporate trustee or trustees,which
have the authority as determined by the board. may be any trust company or bank having the powers of a trust
company within or outside the state. The trust agreement,
Article 6. Financial Provisions indenture, or the resolution providing for the issuance of the
instruments,may pledge or assign the revenues of the authority
Sec.601. The authority may accept federal,state,and local funds under the provisions of this act.The indenture,trust agreement,or
which are available for purposes of groundwater cleanup and for resolution providing for the issuance of the instruments may contain
otherwise implementing this act.The authority may accept grants provisions for protecting and enforcing the rights and remedies of
and donations to carry out the purposes of this act.The limits on the holders determined by the authority to be reasonable and proper
bonded indebtedness shall be exclusive of grants and donations. and not in violation of law.Any trust agreement or indenture may
Sec.602. The authority may impose an annual pumping right set forth the rights and remedies of the holders and of the trustee or
assessment which may not exceed five dollars($5)per acre-foot to trustees,and may restrict the individual right of action of holders.In
pay for administrative costs.The amount of the assessment shall be addition,the indenture,trust agreement,or resolution may contain
established at an amount equal to the amount needed to pay for other provisions determined by the authority to be reasonable and
administrative costs.The assessment authorized by this section shall . proper for the security of the holders.
not be used to replace federal,state,or other money which is (c) Any evidence of indebtedness issued under this act does not
available to the authority. constitute a debt of the state or of any political subdivision thereof
Sec.603. The authority may issue warrants,in an aggregate or a pledge of the faith and credit of the state or of any political
amount not to exceed four hundred thousand dollars(6400,000),to subdivision,other than the authority,but shall be payable solely horn
pay for the costs of formation of the authority.The warrants may the funds of the authority specified in this act AU instruments of debt
bear interest at a rate not exceeding 8 percent per year from the date shall contain on the face thereof a statement to the effect that neither
of issuance until funds are available to pay the warrants.Warrants for the state nor the authority is required to pay the same,or the interest
the costs of formation shall be repaid by the levy of a pumping right thereon,except from certain revenues of the authority and that
assessment pursuant to Section 602,the imposition of a charge for the neither the faith and credit nor the taxing power of the state or of
sale of groundwater extracted and treated by the authority,or with any political subdivision is pledged to the payment of the principal
other available revenue. of,or the interest on,those instruments.The issuance of instruments
Sec.604. (a)The authority may issue negotiable promissory of debt under the provisions of this act shall not require the state or
notes and bond anticipation notes to acquire funds for any purposes any political subdivision thereof to levy or to pledge any form of
authorized by this act subject to Sections 71810,71811,71812,71813, taxation or to make any appropriation for their payment.
and 71814 of the Water Code. (d) Any holder of instruments of debt issued under this act or any
(b) Promissory notes,bond anticipation notes,bonds,certificates of the coupons appertaining thereto,and the trustee or trustees
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under any indenture or trust agreement, except to the extent the act shall be imposed upon the holder of a prescriptive pumping right
rights granted in this act may be restricted by any resolution at a uniform rate per acre-Foot of prescriptive pumping right.
authorizing the issuance of,or any such indenture or trust agreement Sec. 607. The authority may exempt a producer from all or part
securing, the instruments, may, either at law or in equity, by suit, of the annual pumping right assessment established pursuant to
action, mandamus, or other proceedings, protect and enforce any Section 605 for water pumped and treated from a contaminated well
and all rights granted by state law, this act, resolution, indenture, or if, with the prior approval of the authority for the project, the
trust agreement, and may enforce and compel the performance of r producer funds the design and construction of the wellhead
all duties required by this act or by the resolution, indenture, or trust treatment system for that well.
agreement to be performed by the authority or by any officer, Sec. 608. The authority may annually adjust the maximum
employee, or agent thereof. assessments authorized pursuant to this act by an amount not to
(e) The authority may provide for the issuance of instruments of exceed the percentage change in the United States Consumer Price
debt of the authority for the purpose of refunding any instruments Index for the Los Angeles/Anaheim/riverside area between January
of debt or any series or issue of instruments of outstanding debt of 1, 1993, and the date of the adjustment.
the authority, including the payment of any redemption premium Sec. 609. (a) The authority may, by resolution of the board,
thereon and any interest accrued, or to accrue, to the date of impose a pumping right assessment pursuant to Section 605 only in
redemption until the purchase or maturity of instruments of debt. accordance with this section and Sections 610 to 614,.inclusive.
(f) Any instruments of debt issued under this act, their transfer, (b) Prior to levying a new assessment or approving an increase in
and the income therefrom, are not subject to taxation by the state or an existing assessment, the authority shall hold at least one hearing
any political subdivision of the state. at whicb presentations may be made.
(g) The state does pledge to, and agree with, the holders of the (c) (1) Notice of the time and place of the hearing, including a
instruments of debt issued pursuant to this act,and with those parties general explanation of the matter to be considered and a statement
of the amount of the assessment, shall be mailed,at least 90 days prior
who may enter into contracts with the authority pursuant to the
provisions of this act, that the state will not limit,alter, or restrict the • to the hearing, to each producer,each city, the watermaster, and any
rights vested in the authority to fulfill the terms of any agreements interested party who files a written request with the authority for
made with the holders of instruments of debt authorized by this act, notice of any hearing on a new or increased assessment.
and with the parties who may enter into contracts with the authority (2) The authority shall also cause notice of the hearing to be
pursuant to the provisions of this act, or in any way impair the rights posted at least 45 days prior to the date of the hearing at the entrance
or remedies of the holders of the instruments of debt or the parties to the location where the hearing will be held and to be published,
until the instruments of debt, together with interest thereon, are pursuant to Section 6066 of the Government Code, in a newspaper
of general circulation printed and published within the boundaries
fully paid and discharged and the contracts are fully performed on
the part of the authority. The authority as a public body corporate of the authority,if there is one or, if not, in a newspaper printed and
and politic may include the pledge herein made in its debt published in Los Angeles County.
instruments and contracts. (d) Each entity that operates a public water system for retail
service within the boundaries of the authority shall prepare and
Sec. 605. The authority may impose an annual pumping right
assessment, not to exceed thirty-five dollars ($35) per acre-foot, to include with its regular bill for charges sent to its customers a notice
construct facilities and acquire property, to retire promissory notes, of the hearing at least 15 days prior to the hearing. The notice shall
bond anticipation notes, bonds and certificates of participation and read as follows:
other evidences of indebtedness, and to pay for operations and
maintenance of projects constructed by and for the authority. The Notice of Public Hearing
authority shall impose an assessment pursuant to this section for
operation and maintenance purposes only if, and to the extent that, On , at , at
money for operation and maintenance purposes is not received from (date) Board of Directors of the
other sources after reasonable efforts have been made to secure that , the
funding. However, no assessment shall be imposed for water (address)
extracted pursuant to a conjunctive use storage agreement between San Gabriel Basin Water Quality Authority
the producer and the watermaster, which the authority has will hold a protest hearing concerning a proposed
approved, pumping right assessment of
Sec. 606. A pumping right assessment imposed pursuant to this (amount)
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Ch. 776 —18—
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resolution to be published pursuant to paragraph (2) of subdivision
per acre-foot of groundwater produced. If added to
the water bill, the assessment would amount to (c) of Section 609,and shall consider any and all objections at the
time and place set forth in the notice.
approximately per month for an
(amount) (d) The board shall,at the time and place set forth in the notice,
conduct the hearing and consider any objections or protests to the
average residential customer. Registered voters
assessment. The board may overrule any and all objections. The
seeking to protest the proposed assessment shall
board may, thereafter,adopt,reduce,or withdraw the assessment.
do so in a written communication filed with the
Authority at not (e) The determination of the board is final.
later than the time set for the hearer) (1) This section applies to the continuation of a previously
g. Questions imposed assessment only if the board does not propose to increase
concerning the assessment or the protest the amount of the assessment.
hearing should be directed to the Authority
at Article 7. Miscellaneous
(telephone)
Sec. 701. (a) The joint powers authority is dissolved upon the
Sec.610. At the time and place set forth in the notice,the board initial election of the city members pursuant to Section 505. The
authority succeeds to all the properties, rights, obligations, and
shall conduct the hearing, and shall consider all objections or
protests,if any,to the resolution referred to in the notice,and may liabilities of the joint powers authority on the date of its dissolution.
continue the hearing from time to time.Upon the conclusion of the (b) Any and all actions by or against the joint powers authority
pending at the time of its dissolution may be prosecuted to final
hearing, the board may adopt, revise, reduce, or withdraw the
assessment. The board shall make its determination on the judgment by or against the authority.
assessment described in the resolution, and the determination is
(c) After the effective date of the dissolution of the joint powers
find authority,no action may be brought for or against the dissolved joint
Sec.611. Any registered voter seeking to protest the adoption or powers authority or its commissioners, officers,or employees, but
increase of an assessment shall do so in a written communication filed may be prosecuted by or against the authority.
with the authority not later than the time set for the hearing. A Sec. 702. This act shall be liberally construed to carry out its
protest by a registered voter shall include the name and residence purposes.
Sec.703. Except for Section 705,this act shall become inoperative
address of the person making the protest and shall be signed and
dated. A protest may be withdrawn at any time before the when both of the following have occurred:
(a) The State Water Resources Control Board, with the
determination on the assessment by the board.
Sec.612. If the board receives protests that are not withdrawn at concurrence of the State Department of Health Services,
the time of determination by the board,which represent 50 percent determines, in writing, that substantially all public water system
of the registered voters within the authority,no further proceedings wells within the basin are pumping water that is not contaminated,
may be conducted to adopt or increase an assessment until one year or not likely to become contaminated,in excess of federal or state
safe drinking water standards.The authority shall pay a fee to the
from the date of the initiation of the protest procedure.
Sec.613. If the board receives protests that are not withdrawn at State Water Resources Control Board and to the State Department
the time of determination by the board,which represent at least 15 of Health Services, respectively, equal to the reasonable costs
percent,but less than 50 percent,of the registered voters within the incurred by those agencies pursuant to this subdivision.
contracts,and bonds or other evidences of indebtedness,
authority, the board may adopt, revise, change, or reduce an (b) All
assessment,but the adoption or modification of an assessment is not executed or issued by or on behalf of the authority have been
effective until approved by a majority of the voters in an election satisfied.
held within the authority. Sec. 704. (a) The revenues of the authority collected from the
Sec. 614. (a) If the board imposes an assessment pursuant to assessment authorized by Section 605 and used by the authority to
construct,or contribute to the construction of,capital projects for the
Section 605,the board may,by resolution,continue the assessment
cleanup of any site that has been listed on the National Priorities List
in successive years at the same or reduced rate.
(b) Prior to continuing the assessment,the authority shall hold at established pursuant to subparagraph (B) of paragraph (8) of
Section 105. of the Comprehensive Environmental Response,
least one hearing at which presentations may be made.
(c) The authority shall cause notice of the intent to adopt the Compensation,and Liability Act of 1980,as amended (42 U.S.C.Sec.
11.+ a
89 520 89 550
- _ -.-1- 1..11. I 10
9605 (8)(B)) and is located within the Main San Gabriel Basin shall are paid, as determined by the Treasurer, who shall notify the
be credited to the state's 10-percent cost share obligation for capital Secretary of State. Upon receipt by the Secretary of State of the
costs under any program undertaken with the United States Treasurer's notice, Article 6 (commencing with Section 601) is
Environmental Protection Agency to clean up the sites. l repealed_The Treasurer's authority to levy and collect assessments
(b) Nothing in this section precludes the authority from receiving I under this act is limited according to the provisions of this act and
from state agencies grants or loans for purpose of the cleanup of I shall cease when all debts of the authority have bedn paid.
contaminated groundwater.Any such state grant or loan shall also be SEC.2. If any provision of this act or the application thereof to
credited to the state's 10-percent cost share obligation. any person or circumstances is held invalid,that invalidity shall not
Sec.705. On or before January 1,1997,the Los Angeles Regional affect other provisions or applications of the act which can be given
Water Quality Control Board shall report to the Legislature on the effect without the invalid provision or application,and to this end the
progress of the authority with regard to actions undertaken pursuant provisions of this act are severable.
to Article 4 (commencing with Section 401). SEC.3. Notwithstanding Section 17610 of the Government Code,
Sec. 706. (a) Except as provided in this section, this act shall if the Commission on State Mandates determines that this act
remain in effect only until January 1, 1998, and as of that date is contains costs mandated by the state, reimbursement to local
repealed, unless a later enacted statute, which is enacted before agencies and school districts for those costs shall be made pursuant
January 1, 1998,deletes or extends that date. to Part 7 (commencing with Section 17500) of Division 4 of Title 2
(b) Upon the repeal of this act, the assets and debts of the of the Government Code. If the statewide cost of the claim for
authority shall be administered as follows: reimbursement does not exceed one million dollars ($1,000,000),
(1) The Los Angeles Regional Water Quality Control Board shall ; reimbursement shall be made from the State Mandates Claims Fund.
dispose of the property and assets as appropriate. The Los Angeles Notwithstanding Section 17580 of the Government Code, unless
Regional Water Quality Control Board shall receive reimbursement otherwise specified in this act,the provisions of this act shall become
for actual costs incurred related to the disposition of the property and operative on the same date that the act takes effect pursuant to the
assets.The cost recovery shall be from the proceeds of the disposition California Constitution.
pursuant to this section.The proceeds,if any,of the disposition shall
be transferred to the Treasurer to be applied to pay the debts of the
authority and, if any proceeds remain, shall be transferred to the
Treasurer for deposit in the Hazardous Substance Cleanup Fund for
use in financing groundwater contamination investigation and
remediation in the basin.Preference shall be given in the disposition
of assets of the authority to transfers to producers who may be able
to use the assets for the benefit of water distribution systems and to
provide for continued operation and maintenance of the assets in
order to further the purposes of this act.
(2) The Treasurer shall administer the payment of debts of the
authority. The Treasurer shall apply the proceeds from the
disposition of assets to the payment of the debts.If debts remain after
application of the proceeds from disposition of assets,the Treasurer i p
may continue to collect,in lieu of the authority,the pumping right
assessments authorized under either (A) Section 602 if the debt
relates to administrative costs or (B) Section 605 if the debt is to
repay warrants,notes,bonds,and other evidences of indebtedness,
or both, to make payments pursuant to leases or installment sale
agreements in connection with certificates of participation, to pay
for operation and maintenance costs of facilities, and to make
payments pursuant to any other financial obligations. All provisions
set forth in Article 6 (commencing with Section 601) relating to the
levy and collection of the pumping right assessments are not
repealed and shall continue in effect until the debts of the authority
89 570 89 580
W
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AZUSA
_cm' 4 'Rot,
INFORMATION ITEM
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY
BOARD
FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIESatifrol
DATE: SEPTEMBER 24, 2012
SUBJECT: CALIFORNIA MUNICIPAL UTILITIES ASSOCIATION
LEGISLATIVE UPDATE
The California Municipal Utilities Association provided attached summary update on some key
legislative items following the end of the 2011-12 State Legislative Session, which officially
ended on August 31, 2012.
Topics covered include biomethane, some changes in reporting requirements, net metering,
Greenhouse Gas (GHG) issues, and small number of water utility bills.
Prepared by:
Cary Kalscheuer, Acting Assistant Director of Customer Care & Solutions
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•
September 1, 2012
To: CMUA Heads of Utilities
CMUA Legislative Committee
From: CMUA Staff
Re: Summary of End-of-Session Actions on Key Legislation
Energy Bills: beginning on page 1.
Cap & Trade Bills: beginning on page 4.
Water Bills: beginning on page 5.
The California Legislature ended the 2011-2012 Legislative Session (thankfully) at
12:00 Midnight on August 31 this evening. CMUA staff want to provide our Members
with the most up-to-date information about those key bills that were passed to the
Governor (for signature or veto) and those that failed. So, shortly after the Midnight
adjournment of Session, we are providing you with this quick Summary of End-of-
Session Actions on Key Legislation. Please note that several bills were amended just a
few hours before the Midnight deadline, so in these cases we do not have the printed
versions of the final adopted amendments. We will follow-up with additional information
once we have reviewed these amendments in print.
Energy Bills:
AB 1900 (Gatto) Biomethane — CMUA Support
Status: Passed, to the Governor
Summary: This bill requires the Office of Environmental Health Hazard Assessment to
determine the maximum concentration of constituents of concern (COCs) in landfill gas
and requires the CPUC to develop testing protocols for the those COCs. This bill also
requires CPUC to adopt nondiscriminatory pipeline access rules and requires the
Energy Commission to identify impediments, to biomethane electricity procurement, and
prohibits a gas producer from knowingly selling, transporting, or supplying gas from a
hazardous waste landfill.
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AB 1990(Fong)FiT Set Aside for Disadvantaged Communities—CMUA Oppose
Status: Died on Senate Floor.
Summary:This bill would have required the CPUC and POUs, by August 1,2014,to
expand the existing FiT programs by 190 MWs(125 MWs in the IOU territories and 65
MWs in POU territories.) This bill limits the maximum size of a renewable energy
project at 500 kilowatts(kW). In addition,this bill specifies that eligible projects must be
located in the"most impacted and disadvantaged communities"and requires the utilities
to use a specified methodology to determine which communities qualify. As with the
existing FiT for POUs, it exempts those that serve less than 75,000 customers.
AB 2196(Chesbro)Biomethane—CMUA Conditional Neutral
Status: Passed,to Governor.
Summary: This bill requires that any procurement of biomethane delivered through a
common carrier pipeline under a contract executed by a retail seller of electricity or local
POU and reported to the CEC prior to March 29,2012,and otherwise eligible under the
rules in place as of the date of contract execution,shall count toward the procurement
requirements established in the RPS,under the rules in place at the time the contract
was executed,including the Fourth Edition of the CECs Renewables Portfolio Standard
Eligibility Guidebook, provided that those rules shall apply only to sources that are
producing biomethane and injecting it into a common carrier pipeline on or before
April 1,2014.
AB 2227(Bradford) POU Reporting to CEC—CMUA support
Status: Passed,to Governor.
Summary:This bill recasts and revises the reporting requirements of POUs to the CEC
and the California Solar Initiative which are intended to result in a streamlining and
consolidation of reporting requirements. Changes from every three years to every four
years a requirement that each POU report to the CEC on identification of all potentially
achievable cost-effective electricity savings and annual targets over the upcoming 10-
years.
AB 2514(Bradford) CPUC Study of Net Energy Metering—CMUA Watch
Status: Passed,to Governor.
Summary: This bill requires PUC to complete a study by June 30,2013,to determine
the extent to which each class of ratepayers and each region of the state receiving
service under the net energy metering tariff is paying the full cost of the services
provided to them by the investor owned utilities. Requires PUC to report on the extent to
which customers receiving net metering pay their share of the costs of public purpose
programs,and the benefits of net energy metering. Requires PUC to report the results
of the study to the Legislature within 30 days of its completion.
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SB 594 (Wolk) Net Energy Metering: Aggregated Load — CMUA Oppose
Status: Passed, to the Governor
Summary: This bill would authorize an eligible customer-generator with multiple
meters to elect to aggregate the electrical load of the meters located on the property
where the generation facility is located and on all property adjacent or contiguous to the
property on which the generation facility is located. For a POU, the bill would condition
this authorization upon the utility's ratemaking authority making a determination that
permitting aggregation will not result in an increase in the expected revenue obligations
of customers who are not eligible customer-generators. The bill would prohibit an
eligible customer-generator that chooses to aggregate from receiving net surplus
electricity compensation and require the electric utility to retain kilowatt-hours, as
prescribed.
SB 843 (Wolk) Virtual Net Metering — CMUA Watch
Status: Died in Assembly Utilities & Commerce Committee
Summary: The bill would have established a program to authorize a retail customer of
an IOU (participant) to acquire an interest, as defined, in a community renewable
energy facility, as defined, for the purpose of receiving a bill credit, as defined, to offset
all or a portion of the participant's electricity usage, consistent with specified
requirements.
SB 1122 (Rubio) IOU Bioenergy Set Aside — CMUA Watch
Status: Passed, to the Governor
Summary: Requires the CPUC, by June 1, 2013, to allocate 250 MW of
biomass/biogas procurement by the state's three major IOUs. Limits each project to no
larger than three MW. Allocates procurement by technology as follows: a) Dairy and
other biogas from wastewater treatment, municipal organic waste diversion, food
processing and codigestion, 110 MW; b) Agricultural bioenergy 90 MW; c) Bioenergy
using byproducts of sustainable forest management, 50 MW.
SB 1222 (Leno) Solar Energy Permit Fees — CMUA Oppose
Status: Passed, to Governor.
Summary: Places a cap on the amount of permit fees charged by a city or county for
both residential and commercial rooftop solar energy systems, unless a city or county
makes written findings and adopts a resolution or ordinance providing substantial
evidence of the reasonable cost to issue the permit and why the cost exceeds the
specified caps.
SB 1332 (McLeod) POU FIT Deadline — CMUA Neutral
Status: Passed, to Governor.
Summary: This bill requires publicly-owned utilities (POUs) serving more than 75,000
customers to: (1) adopt a feed-in-tariff (FIT) for renewable generation facilities, as
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required under current law, no later than July 1, 2013; and (2)Ensure that the FIT
considers the avoided costs for transmission and distribution upgrades, whether the
renewable generation facility offsets peak demand, and environmental and
greenhouse gas reduction compliance costs.
Cap & Trade Bills
*amended in Senate Rules the last night of the session and the amendments were not available to the
public
*AB 1186 (Skinner) GHG Revenues K-12 Energy Efficiency -- CMUA Watch
Status: Passed, to the Governor
Summary: Directs the CEC to include a grant component in their existing program
(Bright Schools) for energy efficiency improvements for K-12 schools. (*Late
amendments remove the provision that the funds come from cap and trade auction
revenues. Contains no funding source.)
*AB 1532 (Perez) GHG Revenues: Distribution of Funds — CMUA Watch
Status: Passed, to the Governor
Summary: Requires GARB to develop three investment plans that identify the
anticipated expenditures of moneys appropriated from the Greenhouse Gas Reduction
Fund (GHGRF), to submit each plan to the Budget Committees of each house of the
Legislature, as specified, and to adopt each investment plan, as specified. Requires the
Governor to submit a budget to the Legislature that includes specified appropriations
consistent with each investment plan and requires the Legislature to consider these
appropriations when adopting the Budget Act. Requires the ARB to annually submit a
report no later than December of each year to the appropriate committees of the
Legislature on the status of projects and their outcomes and any changes the ARB
recommends need to be made to the investment plan.
AB 2529 (Wieckowski) IOU Allowances — CMUA Watch
Status: Senate Rules
Summary: Trailer bill SB 1018 clean up. This bill requires the PUC to credit directly, in
proportion to the increase in electricity cost, to all retail delivery customers of an
electrical corporation all revenues, as specified, the electrical corporation receives as a
direct result of the direct allocation of greenhouse gas allowances in proportion to the
increase in electricity costs those customers incur as a result of the state board
adopting a market-based compliance mechanism.
*SB 535 (De Leon) GHG Revenues: Disadvantaged Communities — CMUA Watch
Status: Passed, to the Governor
Summary: Requires a minimum of 10% of revenues deposited in the
Greenhouse Gas (GHG) Reduction Fund to be allocated, upon appropriation by the
Legislature, to benefit socioeconomically disadvantaged communities impacted by air
pollution and climate change.
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*SB 1572 (Pavley) GHG Revenues: First Auction Funds — CMUA Watch
Status: Second Reading
Summary: Appropriates 70% of auction revenues collected in the 2012-13 fiscal year
not allocated by DOF. Requires CARB to allocate 60 percent of these funds to projects
undertaken by regulated industries entities in the cap and trade program. Requires that
10 percent of these funds be allocated to the Strategic Growth Council and awarded to
MPOs or council of governments for regional plans and to local governments and
nonprofits for local climate innovation projects. Late amendments removed provisions
that created a subaccount within the GHGRF for moneys collected by ARB from the
sale of allowances to water suppliers.
Water bills:
AB 685 (Eng) Right to Water— CMUA Oppose (letter to the Daily Journal submitted)
Status: Passed, to the Governor
Declares that it is the established policy of the state that every human being has the
right to clean, affordable, and accessible water adequate for human consumption,
cooking and sanitary purposes.
AB 1508 (Carter) Metal Theft— CMUA Support
Status: Passed, to the Governor
Summary: Revises the exemption on the sale of nonferrous materials with a value
under $20 from certain payment restrictions by requiring the majority of the transaction
be for the redemption of beverage containers and prohibiting the redemption of
materials made of copper or copper alloys.
SB 965 (Wright) SWRCB Ex Parte Communication — CMUA Watch
Status: Passed, to the Governor
Summary: Establishes allowable ex parte communications with State Water Resources
Control Board (SWRCB) and Regional Water Quality Control Board (RWQCB)
members. Requires the SWRCB and RWQCBs to publish the agenda notice in
English and Spanish, and they may publish the agenda notice in additional languages.
Draft amendments requiring an environmental justice coordinator for each regional
board were not incorporated.
SB 1387 (Emmerson) Metal Theft — CMUA Support
Status: Passed, to the Governor
Summary: Prohibits a junk dealer or recycler from possessing fire hydrants, manhole
covers or backflow devices unless specified provisions are met and results in a criminal
fine for failure to comply.
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