HomeMy WebLinkAboutConsider Positions on Legislation Pending Before the Federal 2000 Main Street.
Huntington Beach CA
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File #: 21-1007 MEETING DATE: 12/21/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Travis K Hopkins, Assistant City Manager
Subject:
Consider positions on legislation pending before the Federal Legislature, as recommended by
the Intergovernmental Relations Committee (IRC) _ Z(A)z-7-15� S0L44770.0 AOI - 0
Statement of Issue:
On December 15, 2021 , the Intergovernmental Relations Committee (IRC). comprised of Mayor
Barbara Delgleize, Mayor Pro Tem Mike Posey, and Council Member Kim Carr discussed local, State
and Federal issues with relevance to Huntington Beach Following discussion, the IRC chose to take
positions on certain proposed legislation, which are presented to the City Council for further
consideration.
Financial Impact:
None
Recommended Action:
Adopt a resolution of support and approve support letters to federal legislators and the Orange
County Congressional Delegation, backing the Orange County Water District's (OCWD) position
regarding pending "PFAS" federal legislation.
Alternative Action(s):
Do not approve one or more recommended actions and direct staff accordingly.
Analysis:
On December 15. 2021, the IRC met to review and discuss local, state and federal issues, with
relevance to Huntington Beach. The following is an analysis of the issues that the Committee chose
to take positions on and are presenting to the City Council for approval:
1 . Adopt a Resolution and sign letters of support for OCWD's efforts related to Per- and
Polyfluoroalkyl Substances (PFAS) - PFAS are a group of manufactured "forever"
chemicals that have been used in industry and consumer products since the 1940s. Current
scientific research suggests that exposure to high levels of certain PFAS may lead to adverse
health outcomes. Recently, PFAS has been detected in the Orange County Groundwater
City of Huntington Beach Page 1 of 2 Printed on 1 211 5/2 0 2 1
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File #: 21-1007 MEETING DATE: 12/21/2021
Basin. Although chemical manufacturers are the original source of PFAS chemicals, there is
the potential for public water and wastewater agencies to be held responsible for PFAS
remediation and exposure to PFAS liability, particularly if pending legislation such as the PFAS
Action Act of 2021 (H.R. 2467) does not expressly exempt water and wastewater agencies
from liability. The OC WD is calling on local agencies to call for these exemptions to protect
taxpayers from liability resulting from PFAS exposure, created not by the agencies themselves
but chemical manufacturers. Adopting the attached ordinance and signing the letters of
support would support OCWD's efforts.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Draft Resolution No. - Supporting Federal PFAS Legislation that Protects Ratepayers and
Water/Wastewater agencies
2. Template letter of support to Federal Legislators
City of Huntington Beach Page 2 of 2 Printed on 12/15/2021
powei1324 Legislar0°
Template
A RESOLUTION OF THE (YOUR AGENCY) SUPPORTING FEDERAL PFAS
LEGISLATION THAT PROTECTS RATEPAYERS AND WATER/WASTEWATER
AGENCIES
WHEREAS, PFAS are a group of chemicals developed by chemical manufacturers
that would otherwise not exist naturally and despite playing no role in releasing PFAS
into the environment, cities and water agencies must find ways to remove them from
local water supplies; and,
WHEREAS, PFAS have been detected in the Orange County Groundwater Basin,
managed by Orange County Water District, and are estimated to cost Orange County
communities more than $1 billion, over 30 years—a cost that will likely increase; and,
WHEREAS, Ratepayers are at risk from pending PFAS legislation and associated
PFAS costs and water agencies and stakeholders must take action to inform members
of Congress of these devastating impacts; and,
THEREFORE, All PFAS-related legislation must exempt water and wastewater
agencies from any liability for PFAS cleanup costs; and,
WHEREAS, A water utility that complies with applicable and appropriate federal
management and treatment standards must not be responsible for current and future
costs associated with a PFAS cleanup; and,
WHEREAS, Given the potential for federal legislation, such as the PFAS Action
Act of 2021 (H.R. 2467), to expose water agencies that simply receive and treat water
supplies with across-the-board liability for PFAS-related cleanups when they have no
responsibility for the presence of PFAS, an explicit exemption from Superfund clean-up
liability must be made for water and wastewater agencies; and,
WHEREAS, Under existing law (Safe Drinking Water Act), the USEPA ensures
that public health benefits of new drinking water standards are reasonably balanced
with the compliance costs that water system ratepayers will ultimately incur and
eliminating this analysis would burden ratepayers of all income levels with astronomical
costs to comply with drinking water standards; and,
WHEREAS, When setting drinking water standards for PFOA and PFOS, we
advocate for the USEPA to use this longstanding methodology.; and,
NOW, THEREFORE, let it be resolved that the Board of Directors of the (Your Agency)
hereby supports these federal PFAS policy principles to protect water/wastewater
agencies and their ratepayers and,
FURTHERMORE, we call upon the Orange County Congressional Delegation and
California Senatorial Delegation to cast votes implementing these public policy
positions.
Adopted: Date
cc: Orange County Water District
1324
DATE
The Honorable Senator Dianne Feinstein The Honorable Senator Alex Padilla
United States Senate United States Senate
331 Hart Senate Office Building 112 Hart Senate Office Building
Washington D.C. 20510 Washington D.C. 20510
Dear Senator Feinstein and Senator Padilla:
PFAS are a group of man-made chemicals created by chemical manufacturers and despite
playing no role in releasing PFAS into the environment, cities and water agencies must find
ways to remove them from local water supplies, find alternative water supply, and conduct
expensive monitoring. PFAS have been detected in the Orange County Groundwater Basin,
managed by Orange County Water District (OCWD), and are estimated to cost Orange
County communities more than $1 billion, over 30 years—a cost that could increase.
Complicating this cleanup burden, ratepayers are at additional risk from pending PFAS
legislation that would effectively abandon the "polluter pays" principle and create a new
separate drinking water standard setting process for PFAS chemicals.
ask as you consider legislation to address PFAS and other contaminants of
emerging concern, that you ensure such legislation provides an explicit exemption
from liability for water and wastewater agencies related to PFAS cleanup costs. A
water utility that complies with applicable and appropriate federal management and
treatment standards must not be responsible for current and future costs associated with a
PFAS cleanup. We are especially concerned that the House has approved the PFAS Action
Act of 2021 (H.R. 2467). This bill creates liability for water agencies that simply receive and
treat water supplies with across-the-board CERCL4 liability for PFAS-related cleanups. This
pending legislation provides an exemption for the nations' airports, and it is vital that you
secure an exemption to also include water and wastewater agencies. Water agencies have
no responsibility for the presence of PFAS and the concept of imposing CERCL4 liability is
bad public policy.
Also, under existing law (Safe Drinking Water Act), the USEPA ensures that public health
benefits of new drinking water standards are reasonably balanced with the compliance
costs. We advocate for the USEPA to use this current methodology when setting drinking
water standards for PFOA and PFOS. This is a longstanding method that has been used
and its elimination would burden ratepayers of all income levels with higher costs.
I call upon California's Senators to cast votes implementing these public policy positions. If I
can provide any further information or assistance, please contact me at
Sincerely,
cc: Board President Steve Sheldon (ssheldon(@ocwd.com)
1325
RESOLUTION NO. 202 1-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTiNGTON BEACH
SUPPORTING FEDERAL PER AND POLYFLOUROALKLY SUBSTANCES (PFAS)
LEGISLATION THAT PROTECTS RATEPAYERS AND WATER/WASTEWATER
AGENCIES
WHEREAS, PFAS are a group of chemicals developed by chemical manufacturers that
would otherwise not exist naturally and despite playing no role in releasing PFAS into the
environment, cities and water agencies must find ways to remove them from local water
supplies; and,
WHEREAS, PFAS have been detected in the Orange County Groundwater Basin, managed
by Orange County Water District, and are estimated to cost Orange County communities more
than S I billion, over A years—a cost that will likely increase; arid,
WHEREAS, Ratepayers are at risk from pending PFAS legislation and associated PFAS
costs and water agencies and stakeholders must take action to inform members of Congress of
these devastating impacts; and,
THEREFORE, All PFAS-related legislation must exempt water and wastewater agencies
from any liability for PFAS cleanup costs; and,
WHEREAS, A water utility that complies with applicable and appropriate federal
management and treatment standards must not be responsible for current and future costs
associated with a PFAS cleanup; and,
WHEREAS, Given the potential for federal legislation, such as the PFAS Action .Act of
2021 (H.R. 2467), to expose water agencies that simply receive and treat water supplies with
across-the-board liability for PFAS-related cleanups when they have no responsibility for the
presence of PFAS, an explicit exemption from Superfund clean-up liability must be made for
water and wastewater agencies; and,
WHEREAS, Under existing law (Safe Drinking Water Act), the USEPA ensures that
public health benefits of new drinking water standards are reasonably balanced with the
compliance costs that water system ratepayers will ultimately incur and eliminating this analysis
would burden ratepayers of all income levels with astronomical costs to comply with drinking
water standards; and,
WHEREAS, When setting drinking water standards for PFOA and PFOS, we advocate for
the USEPA to use this longstanding methodology; and,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. We hereby support these federal PFAS policy principles to protect Nvater/wastewater
agencies and their ratepayers; and
21-10767/273732
RESOLUTION NO. 2021-80
2. We call upon the Orange County Congressional Delegation and California Senatorial
Delegation to cast votes implementing these public policy positions.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held on the 22 day of December, 2021.
e
`4ayor
REVIEWED . ND APPROVED: INITIATED AND APPROVED:
----
'1A IV
City anager Assistant City Manager
APPROVED AS T Rlvt:
City Attomey
2
Res. No. 2021-80
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on December 21, 2021 by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California