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Item No. 7. 
MEETING DATE: 12/20/2021
 
TO: HONORABLE MAYOR AND COUNCILMEMBERS
 
FROM: JIM SADRO, CITY MANAGER
By:  Rob Ferrier, Assistant to the City Manager

 
SUBJECT:
APPROVE A RESOLUTION SUPPORTING ORANGE COUNTY WATER DISTRICT AND FEDERAL PFAS LEGISLATION REQUEST

RECOMMENDATION:


That the City Council APPROVE AND ADOPT RESOLUTION NO. ______ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, SUPPORTING THE ORANGE COUNTY WATER DISTRICT AND FEDERAL PFAS LEGISLATION THAT PROTECTS RATEPAYERS AND WATER/WASTEWATER AGENCIES.

DISCUSSION:

The City of La Habra has received a request from the Orange County Water District (OCWD) to adopt a resolution and transmit support letters to federal elected officials regarding OCWD's position on H.R. 2467, a federal bill also known as the "PFAS Action Act of 2021" (PFAS Act). 

PFAS, or per-and polyfluoroalkyl substances, are a diverse group of chemicals used in a wide range of consumer and industrial products that resist heat, oil, stains, grease, and water.  PFAS have been detected in parts of the Orange County Groundwater Basin, and OCWD is working diligently to address PFAS contamination in the groundwater basin, investing more than $1 billion over 30 years toward implementation of the nation's largest PFAS treatment study and constructing multiple treatment plants throughout Orange County. 

While OCWD did not discharge PFAS into the groundwater basin and is merely attempting to address contamination caused by the actions of various companies throughout the years, the PFAS Act potentially creates a risk for public agencies like OCWD who may be sued under current pollution laws for an environmental issue not of their creation. To rectify that shortcoming, OCWD has asked public agencies, including the City of La Habra, to adopt resolutions supporting their position and requesting Congress to exempt public water and wastewater agencies from liability associated with the treatment and mitigation of PFAS in groundwater supplies.  A copy of the proposed resolution is attached to this agenda report. 

The City does not purchase water from OCWD, nor has PFAS been identified in our local water supply.  However, while the PFAS Act will not currently have a direct impact on La Habra's water basin operations, staff nevertheless believes that OCWD's request for support is reasonable and generally consistent with the guiding principles contained within the City of La Habra's Legislative Platform. As such, staff recommends that the City Council consider and adopt the attached resolution and direct staff to send letters of support on behalf of OCWD to federal elected officials.

Representatives of OCWD will attend the December 20, 2021, City Council meeting and be available to address any questions City Council may have on this issue. 

FISCAL IMPACT/SOURCE OF FUNDING:

None
 

GENERAL PLAN RELEVANCE:

ED 9.1 Balanced Fiscal Practices

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