HomeMy WebLinkAbout9.1 Senate Bill 1653
"
..
.
CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: June 21, 1994
SUBJECT:
Support for Senate Bill 1653
Report by: Public Works Director Lee Thompson
EXHIBITS ATTACHED:
I) / Letter from Bob Beebe, . General Manager, Dublin San
/ Ramon Services District
2) Draft Resolution Supporting SB 1653
3) /. Draft Letter for Mayor's Signature
4) / Copy of Proposed SB 1653 (as amended)
"'")) / Legislative Analysis
/vf' ~dopt resolution supporting SB 1653 (as amended) and authorize
Mayor to send a letter of support to the bill author and key
legislators.
RECOMMENDATION:
FINANCIAL STATEMENT:
This bill could help to provide wastewater capacity for the
expansion of Dubhn.
DESCRIPTION: The Dublin San Ramon Services District has sponsored a State
Senate Bill that would prohibit a regional or local public agency from denying a wastewater agency
the use of any unused capacity of its wastewater conveyance facility if an agreement is entered into
and fair compensation is paid (subject to conditions).
Passage of this bill will reduce the ability of the cities through which the Livermore Amador Valley
Water Management Agency (LA VWMA) line discharges from unreasonably requiring exactions for
the use of unused sewer capacity in the existing line.
Staff recommends that the City Council support this bill as an aid to the future eastern Dublin
expansion.
0:(9394) Iirlfle\ags/1653
tlddLd-J
Dj
-------~----------------------------------------------------------------------------------------~--------------------------
ITEM NO. 3. /
COPIEs TO: Bob Beebe, bSRSD
..: 7:>>; y.. ,:?\\
6~Z~"SAlt5:i~~
\_J
~~.es 'D1~~;Y
.'~':.-::'. _:~~.
Robert D. Beebe. P.E.
Ol'IH'rnl M,llli.IA"r
. ~ :. . .
.i ~
June 17, 1994
Herb Moniz
Rich Ambrose
Attached legislation would make it hard for
Hayward to charge us for their traffic problems or
to demand urban limit lines to their satisfaction in
exchange for sewage disposal capacity. The League
of California Cities is considering an "oppose"
position at Hayward's request that may be harder to
grant if any cities support SB 1653.
Please consider if you could support and if so how
can I help. rve been invited to address the
League's Legislative Committee in Oakland on June
23. Would sure help to have indication of support
by then.
Than~,
6~\t~
,
Bob Beebe
f; \mSlnt\be!!:be\t:IMotta\06.11.94.gm
1""'"'. "', ~ 1'\ "". .,',,", ,~"p~;.'~ 4
[. ;:,.," { ;-': .,', ~;'. ":~j i1 . J,-.
t;;;~A~ '3l1!ii:be
RESOLUTION NO. -94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
SUPPORTING CALIFORNIA SENATE BILL 1653
RELATING TO WASTEWATER CAPACITY
WHEREAS, the Livermore Amador Valley Water Management Agency (LA VWMA)
has been negotiating for some time with the East Bay Dischargers Authority (EBDA) for use of excess
capacity in existing sewer outfall pipe to the Bay; and
WHEREAS, members of EBDA have been unreasonable in some discharge
negotiations in that members expect to receive improvements not related to the use of the pipeline;
and
WHEREAS, extra costs incurred in obtaining sewer capacity will be passed on
through the Dublin developers to the end user (homeowner and commercial building owner); and
WHEREAS, the Dublin San Ramon Services District (DSRSD) has sponsored State
Senate Bill 1653 which would prohibit a regional or local public agency from denying a wastewater
agency the use of any unused capacity of its wastewater conveyance facility if an agreement is entered
into and fair compensation is paid (subject to conditions);
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby support Senate Bill 1653 and authorizes the Mayor, on behalf of the City Council,
to send a letter in support of this Bill to the State Legislature with a copy to the League of California
Cities.
PASSED, APPROVED, AND ADOPTED this 21st day of June, 1994.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
a: (9394) Vune \reso1653
"1-"" ,., 'r) .'"...' .,'","" ~. ,.,....", 'J
i~~~S:H _ ~
'/?&xJ/uf7.;n1 . -
DRAFT LEITER TO THE FOLLOWING:
State Senator David Kelley
11440 W. Bernando Ct. Suite 104
San Diego, CA 92127
State Senator Dan Boatwright
1001 Galaxy Way Suite 210
Concord CA 94520
State Senator Bill Lockyer
22634 2nd Street Suite 104
Hayward CA 94541
State Assemblyman Richard Rainey
P. O. Box 4893
Walnut Creek CA 94596
State Assemblyman Johan Klehs
2450 Washington Ave. Suite 270
San Leandro CA 94577
..........-----......-...----.......------..------.............----.......---...""-..-----.....---.........----...----.......----...-----...-......-......----....---..--------.....----.....--..---------....----
June 21, 1994
SUBJECT: Support of Senate Bill #1653
Dear
On June 21, 1994, the Dublin City Council reviewed Senate Bill #1653 and adopted Resolution No.
94-_ in support of this bill.
The Council felt that this bill will aid in the fair and reasonable negotiations between the Livermore
Amador Valley Water Management Agency and the cities through which our Valley sanitary sewer
outfall passes.
We would appreciate your support of this bill. If you have any questions, please feel free to call my
office at 833-6605.
Sincerely,
Peter W. Snyder
Mayor
PWS/LST I gr
cc: League of California Cities
a:(9J94) Vutll!\21sb16SJ
F'F!~:"";7 ~1 :!J
~ .1, ' I ~..... /.., 1'. .._. ..." ~
J:>raf't:. lA-tt-er
070 I~O I
j3G f
\.:.-. l....q I 1.-1.-""
~
~
AMENDED IN ASSEMBLY MAY 16,199>1
AMENDED IN ~ENATE APIUL 12. 1994
AMENDED IN SENATE AP1UL 4, 1994
".
SENATE BILL
No. 1653
~
Introduced by Senator Kelley
~"'ebr~ary 23. 1994
An act to add Section 13557 to the Water Code. Ielallllg to
water,
LI::G1SLAl'l"E cOU"''S~l..S mCES'l'
SB 1653. as amended. Kelley. Reclaimed watlJr.
(1) ExisUng law nuthori2es specified Wl:1ter 5upplic,.s,
including local public agende:i. to acquire. store, providlJ, seU,
and deliver reclaimed water for any beneficial \lS(l. ll~
specified,
This bill would prohibit 11 local public agency froln d~n>,jug
another public agenc)' with wastewater treatment facUities
the use of the unused cupacLt,y of the local publiC) agellcy's
wastewater or recycled water conveyance facility, fot the
,period of time for which that cApacity is avnilable, jf a saw or
lease agreement is entered into and (air eornpensatloJl is paid
for the use of the conveyance facility. us pre.scribed. fi)'
requiring local public agencies tbat own wastewater or
recycled water conveY1LnCC facilities to enter into agreements
for the sale qr lease of unused conveyance capacity, the bill
would impose a slate-mandated local program,
(2) The California Constilution requires the state to
reimburse locall1gencies and ~chool districts for certwu CO:lts
mandated hy the state. Stututory provi$ions esliJblis.h
procedures for making that reimbursement.
This bill wowd provide that no reimbur$cment is requll'cd
by this act Ior a specified reason,
!l> '00
F' '" !"= ~pn r':/ ~~!6 ) J
i~'~ ){)~i:::"'Y:( q ~1 'T
cP~~ ~d.. ts'e; ~~3~~cWY-01aec\
";'"
f
I 511 1653
-2-
Voto: mllJority. Appropriution; 110. Fiscal committee: yes.
State-mandated local program; yes.
The people of the State of CaJi(omt'u do. enact as FoIJows:
1 SECT(ON 1. Section 13557 is added to the Wuter
2. Cade, to read:
:) 13557. (u} As used in this section, the loUowlng terms
4 have the following meanings:
5 (1) "Conveyance facility" or "facility" means all
6 engineered and constructed pipes, pumps, va)ve.sj 01
7 related facilities of any type used (or the conveyance,
B transportation, or disposal of wattcwater.
9 (2) "Emergency" means a sudden occurrence,
10 incJudtug, but not limited to, a storm, flood, fire, or an
11 unexpected equipment outage thnt impairs the ability or
12 a permit holder to meet permit conditions,
13 (3) "Fllir compcusll.tion" means the reasonable
14 charges imposed by the owner of a. conveyance facilit).
15 for the use of Hte fttdlit)" that portion of the fad)it).
16 available to Ihe public agency as unused caJJacity.
17 including capital, OperaliQn, maintenance, and
Hi replacement costs and costs from any necessary purchase
L9 of supplemental power, offset b)' a reasonable credit for
2U any benefits conferred by the ute of the facility.
21 (4) "Replacement costs" means II reasonable portion
22 of the costs a$socintcd with material acquisition to correct
2..3 unrepairable wear on, or other deterioration of, a
24 conveyance facility which is. attributable to the use of that
25 facility.
26 (5) "Unused capacity" meam space that is available
27 within the operational limits of Ii conveyance facility and
28 which is not used by the owner during the period fot
29 which the use by another public agency is proposed aud
30 whicb capacit}' i!O sufficient for the use intended,
31 (b) Notwithstanding any other provision of law, a
32 region...l or local public agency shan not deny. another
33 public agency with wastewater trc3tment facilities th.e
34 use of uny ul1used capacity of the regional or local public
~5 agency's W>lstewatct or rec}'cled water conveyance
9ti 120
, j
-3-
58 1653
J facility. for the period of time for which that capacity is
2 available. if a sale or lease agreement .is entered into and
3 fair cClmpensa.tion is paid for the use of the conveyance
4 facility I subject to tl1e following:
5 (1) A person or public agency that bas a lang-term
6 servIce contract with the owner of a conveyance facUity
7 for use of the conveyance facllit), shall have the right to
8 use any unused conveya.nce capacity pIior to any other
9 public agency seeking to we that unused <!apacity.
10 (2) Any public agency that has a contract to use a
11 COllVcy~mcc facility and which has an emergency need
12 may use Ihe unused capacjty avuilable pursuant to thhi
13 sectioJ} for the duratioll of the emergency.
]4 (c) When requested by a pubUc agency seeking to USH
15 unu~ed cllpncity. an owner of a conveyance facility shalll
16 in a timely manner I determine aJ) of the following:
1'7 (1) (A) The amount llnd availability of unused
lS capacity in the conveyance facility or a portion of the
19 facility.
20 (B) 7he owner may revise the determination or
'21 unused capacHy of the conveyance facHity, and shaU
22 adjuit the faIr compensation accordingly, jf the
23 opera1ional limits or the use of tbe facility change dul'lng
24 the period of u sale or lea.se of the unu!ed capacity of the
25 facility.
26 (2) The terms and conditions of use, including
27 operaHon llnd maintenance requirements and
28 scheduUng, term of use, priorities, and fair compemation
29 based on the ee:tt ef scyvicc incremental cost of:!J"erv/ce
30 of the unused c~pJlcily.
31 (d) Wastewater or recycled water contributed to the
32 cOllvey,:mce facility shall not unreasonably degrade the
33 water COil ve)'ed in the facUity lI.nd is subject to waste
.34 discharge requirements imposed by the regionul board
35 on the atller w.ater conveyed by the facility,
36 {c} In making a determination required by this
37 sectiuu, a public agency shall act in a manner consistent
38 with the requirements of la.w to facilitate the slile or lease
39 of cOllveyunce capacity an.d shall support -, ,its
40 determinatlon by written findings. In a judicial action
96 ).Iv
"
"
. .
..
S>> 1653
-4-
1 challenging any determination under this section. lhe
2 court shaH consider all relevant evidence and the court
3 shall give due consideration to the purposes and policies
4 of this section Ilud sustnln the determination of the public
-Ii agency only if it fUldll the determination is supported by
~6 substantial evidence, .
7 ""-(t)'fhe--wc.'.o(a conveyance facility pursuant to this
8 sectifJn shall be made without inJurmg Wl)' legal usef of
9 wuter and without unreasonahly affecting fish. wildlifet
10 Or other lnstream beneficial uses. or the pverall economy
11. or the ellvtronmcnt of 1he countyl'lroni 'which the
12 reclaimed waler is transferred, ..
13 SEC. 2, No reimbursement is required by this a.ct
14 pursuant to Section 6 of Article XlII B of the California
15 Constitution because the local agency or school district
l6 has the authority to levy service chargesl fees, or
17 a..~essments sufficient to pay for the program or level of '
18 service mandttted by this act. Notwithstanding Section
L9 11580 of the Covernment Code, wuess otherwise
20 specified in. this act, the provisions of this act shall become
21 operative on the :lame date that the act takes effect
22 pursuant to the CaUfoiiiTa -Coniiilliition.
AGRI:Eb C,.)AJJG{S, fl.{:rUNq,/
Pq. 3 LI"i.E 29 ,\ I~Ic.R E MENT~L1J CflAIVGfl)
10 \\PRofoR,ioN ftL"
USING +1bErJCY JO PRQV;D~ PLAN A)J-D
SCW~])LLLE /6 OwNr;.~ QC.E'Nc..~ Cli=
How f'ERMFlJ.J fiji/TO an.fir. c. A P?lc.rrY
vJ iLL BE. 1~JE (0 f(D '
"
e~ crs~
I Lf JUNqt/
00 1M
SB 1653
Oate of Hearing: June l4, 1994
ASSEMBLY COMMITTEE ON WATER, pARKS AND WILDLIF~
Domin~c L. Cortese, chair
SB 1653 (Kelley) - AS proposed to be Arn~ded
SUBJECT
prohio!ts local agencies from denying use of recycled water conveyance
facilities under s~ecified conditions
PIGEST
Kxistinq law prohibits the state or any regional or local public agency from
denying a transferor of water the use of a water conveyance facility which has
,unused capacity if fair compensation is paid, as speoified,
This bill:
1) Prohibits a regional or local public agency from oenying a puplic
wastewater agency the use of any unused capacity of its wa5tewater
c~nveyance faci~ity if an agreement is entered into and fair compensation
is paid, subject to the following:
a) A person or public agency that has a long-term service contract for
use of the conveyance facility shall have prior rights to any unu&ed
conveyance capacity;
b) Any public ~gency that has a contract for use of a conveyance facility
shall have use of the unused capaci~y during an eme~gency.
2) Requires. an owner ot a conveyance facility, when requested by a public
agency seeking to use unused capacity, to determine all of the fOllowing in
a timelY manner:
a) The amount and availability of unused capacity in the conveyance
facility;
b) The terms and conditions ot use, including operation and maintenance
requirements ano. scheduling, term of use, priorities~' 'and fair
compensation based on the proportio~ate cost of service of the unused
capaci ty -
3)
prohibits the wastewater contributed to the conveyance facility from
unreasonably degrading the water conveyed in the facility, and makes the
wastewater subject to waste discharge requirements imposed by a regional
water quality control board on other water conveyed in the facility.
- continued -
F'.'.'. "\ y~~. ~II-r- ~.~.~ ~\~~~~ ~
~.'i
,-" !.', 'i ,J,l
L ' ':! ':; "i;~
· " " .". n
~ czr5t'~~0e. "~~ s1"5
SB l6S~ '
(1
4) Requires a public agency, in making a determination required by this bil~,
to act in a manner consistent with the requirements of law to facilitate
the sale or lease of conveyance capacity; requires tne publiC agency to
support its determination by written findings.
$) Requires a court, in a'judicial action challenging a determination under
this bill, to consider all relevant evidence and to give d~e consideration
to the purposes and policies of this bill and sustain the determination of
the public agency only if it finds ~he determination is supported by
substantial evidence.
G) Requires the use of a conveyance facility pursuant to this bill to be made
without injuring any legal user of water and without unreasonably affecting
fisn, wildlife, or other instream peneficial uses, or the overall economy
or environment ot the county from which the reclaimed water is transferred.
7) Pefines the termS "con.veyance facility", "emergency", "fair compensation",
"replacement costs", and "unused capacity".
FISCAL EFFEC't
State-man~ated local program; contains a fees and charges disc~aimer.
COMM:ENTS
1} This bill was introduced at the request of the Dublin San Ramon Se~vicee
District in order to encourage joint use of wastewater conveyance
facilities where ,practical. The bill is patterned after eXisting
provisions of law allowing unused capacity of conveyance facilities to pe
used for water transfers.
2} proponents of this bill indicate a great many reclamation districts are
looking for ways to move their wastewater and recycled water. They also
indicate they are finding an uncooperative attitude being expressed from
some local public agencies who have a conveyance tacility with unuBe~
capacity but are unwilling to discuss joint use of the facility-
proponents feel this bill will not impose a real burden on the owner of the
conveyance facility because there is a great deal of flexibility in fixing
rea60nable charges for that use. Proponents furthe~ indicate a statewice
need to encourage maximum cooFeration of joint use ~f these facilities in
order to bring parties to the table.
,
3} Opponents express concern that this bil~ will circUmvent negotiations
currently underway between the East Bay Dischargers Author~ty and the
Livermore-Am~cor valley Water Mana9~ment Agency for use of additional
capacity in the authority'S outfall into San Francisco Bay. The Dublin San
Ramon Serv~ces District, the sponsor of this bill, is a member of the
agency.
- continued -
SB Hi53
Page 2
.if'"
SB lS53,
Opponents argue that pecause the p~l'l only requires compensaeiop on the
pasis of "incremental cost of servioe of the \1Ilused capacity". tne bill
places the owner of the capacity in tne position of subsidizing its use by
another party. which ~s unfair to the ratepayers of the agenoy owning the
capaci ty'. Opponents further argue that the bill eliminates local control
of a public agenoy's property rights and negates the ~bility of publiC
agencies to negotiate appropriate service contracts,
4) Opponents in~icate thiS bill is designed' to force East Bay Disohargers
Authority. which services t~e East Bay co~ities, between Oakland an~
Santa Clara County, to provide wastewater disoharge services to the
Tri-Valley (~ivermore Valley, North Livermore Valley. and Do~rt~
Valley), opponents indioate that jurisdictions in the Tri-val1ey ave
approved the development of 39,000 ho~ses, all outside the boundaries of a
sewer provider, without determining how wastewater and fresh water would pe
provided, "
Concern has been exPressed that this bill w~ll commit the use of the
authority's wastewater faoilities to the development of op~ space lands in
the TriMvalley while precluoing cities such as Hayward and F~emont from
using the capaoity to develOp the'thouean~s,of acres of vacant land that
could be developed into housing within the ~uthority.S service area-
5) The Committee may wisb to consider whether this bill should be amended to
require the entity requesting use of a conveyance facility to identifY',
the estimated time perio~ for use of the conveyance facility and their plan
for providing alternative conveyance facilities.
S) Author'S 'amendments: a) On page 3, 1ine'29, delete "incremental" and
insert Itproporeional"/ b) on page 3, at the end of line 30, insert:
"Proportional costs shall be caleulate.d based on the factors described in
the definition of fair compensiltion set fo;rth in (a) (3) above,"
SUPPORT
"
DUblin San Ramon Services Distriot
OPPOSITION
Greenbelt Alli~nce
East Bay Dischargers Authority ,
Castro Valley sanitary Distriot
City of Haywa.rd
City of Livermore
'.
Linda Adams
445-6164
SB 1653
Page 3