DEPARTMENT
Hetch Hetchy Water and Power
Project Operations
AGENDA NO.
8 MEETING DATE
January 23, 2024
Last updated: 05.03.2023
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Regular Calendar
Contract/Project Manager: Margaret Hannaford
Approve Contract No. CS-1413, Comprehensive Management of Watersheds within Yosemite National Park Supplying the San Francisco Regional Water System Memorandum of Agreement
Summary of
Proposed
Commission Action:
Approve Contract No. CS-1413, Comprehensive Management of Watersheds within Yosemite National Park Supplying the San Francisco Regional Water System Memorandum of Agreement w ith the United States Department of the Interior, National Park Service – Yosemite National Park, in the amount not to exceed $40,958,727, with a duration of four years, subject to Board of Supervisors approval under Charter Section 9.118.
Background: The San Francisco Public Utilities Commission (SFPUC) Regional Water System is sourced from the Hetch Hetchy Reservoir and the Tuolumne River watershed upstream within Yosemite National Park (Yosemite). The SFPUC is not required to filter this water because the water produced by the Hetch Hetchy Watershed is exceptionally high quality and the National Park Service, in partnership with the SFPUC, provide s ongoing and effective source water protection through its watershed management.
This combination meets the criteria for filtration avoidance under both the federal and state Safe Drinking Water Acts.
There are four other upcountry approved water sources that require filtration before delivery to San Francisco Regional Water System customers . The Cherry and Eleanor water sources are typically used only during extended drought periods through use of the Lower Cherry Aqueduct connection to the Mountain Tunnel. These water sources consist of:
• Cherry Lake and its watershed;
• Lake Eleanor and its watershed;
• Cherry Creek and Eleanor Creek, and their watersheds, from Cherry Lake Dam and Lake Eleanor Dam to the Cherry Creek Diversion Dam; and
• Tuolumne River, and its watershed, between O’Shaughnessy Dam and Early Intake Dam (this is a standby source used only during an Agenda Title: CS-1413, Comprehensive Management of Watersheds within Yosemite National Park Supplying the San Francisco Regional Water System Memorandum of Agreement Commission Meeting Date: January 23, 2024
outage of the Canyon Tunnel system that prevents delivery of Hetch Hetchy water directly to the Mountain Tunnel).
This Memorandum of Agreement (MOA) includes the management of the Hetch Hetchy water supply watershed and the portions of the other approved watersheds that are within Yosemite.
Under the federal Raker Act, the SFPUC is required to reimburse the U.S.
Department of Interior – National Park Service for the cost of the inspection necessary to secure compliance with the sanitary regulations set forth in section 9(a) of the Act. The text of section 9(a) of the Raker Act is set forth in Appendix A. Under section 9 (q) of the Raker Act, the SFPUC is also required to reimburse the National Park Services for the costs of maintaining the roads and trails listed in section 9(p) that were previously constructed by the SFPUC.
The SFPUC is also required under Raker Act section 9(r) to pay any expenses incurred by the National Park Service in making investigations or decisions respecting SFPUC’s rights, benefits, and obligations under the Raker Act.
Under the federal and state Safe Drinking Water Acts, the SFPUC must also demonstrate the existence of a “watershed control program” for the Hetch Hetchy watershed under Title 40 Code of Federal Regulations, Part 141, Subpart H (40 CFR §141.71), and in the California Code of Regulations, Title 22, Section 64652.5(e)(3) (22 CCR § 64652.5). Relevant Title 22 sections are in Appendix B . The National Park Service is the landowner of the Hetch Hetchy watershed and has exclusive jurisdiction of the entire watershed.
Ongoing National Park Service management of the Hetch Hetchy w atershed under the terms of the Raker Act, the National Park Service Organic Act, the Wilderness Act , and the federal Wild and Scenic Rivers Act reduces the
potential for microbiological contamination of surface waters within the watershed.
The SFPUC an d the National Park Service have had a long history of cooperation with the common goal of protecting water quality, environmental resources, and security for essential facilities, with Memoranda of Agreement dating back to 2005. If approved, this MOA would be the fifth agreement with the National Park Service for the protection of the Hetch Hetchy watershed.
Scope of Contract: The watershed control program is carried out through the provision of services funded by the SFPUC within the following program elements:
1. Source Water Protection:
To preserve and protect resources for future generations through Yosemite Wilderness and Wild and Scenic River designation. Prevent microbiological contamination of rivers, streams, and lakes through watershed controls to preserve the watersheds within Yo semite as a high -quality drinking water source, while also protecting the public health of visitors to the park. Provides for the enforcement of the Raker Act’s sanitary provisions, along with other Agenda Title: CS-1413, Comprehensive Management of Watersheds within Yosemite National Park Supplying the San Francisco Regional Water System Memorandum of Agreement Commission Meeting Date: January 23, 2024
resource protection measures provided through the Nation al Park’s management actions.
2. Environmental Stewardship:
Collaborative efforts to improve environmental stewardship of the Upper Tuolumne River ecosystem that affect or are affected by SFPUC facilities and operations within Yosemite.
3. Security:
Provide security for facilities essential to SFPUC operations within Yosemite.
The Security Program is confidential and relates to Homeland Security.
4. Sensitive Security Information:
The NPS and the SFPUC will work together over the course of the current MOA to dev
elop a separate “Protection and Nondisclosure of Sensitive Security Information” agreement. This agreement will comply with applicable regulations not limited to Critical Infrastructure Information or protected Critical Infrastructure Information as defin ed under the Homeland Security Act of 2002 and 6 C ode of F ederal Regulations § 29.2 . The agreement will document how the NPS and SFPUC will maintain security and protection of documentation, information, ownership, and compliance with public disclosure laws.
Funding and Costs: Funding Source: Hetch Hetchy Water and Power operating budget as appropriated through the City and County of San Francisco’s budget process and subject to approval during the City and County of San Francisco’s budget cycle and certification by the Controller.
Total Not-To-Exceed Amount: $40,958,727
Schedule: Estimated Start Date: July 1, 2024
Estimated End Date: June 30, 2028
Duration: four years
Environmental
Review:
This action does not constitute a “project” under the California Environmental Quality Act (CEQA) Guidelines section 15378(a) because there would be no physical change in the environment, and because the action is a continuing maintenance activity under CEQA Guidelines s ection 15378(b)(2). Should funding aut
horized under the subject MOA involve activities other than personnel-related functions, approval and implementation of those activities by the SFPUC and National Park Service, Yosemite National Park would be subject to compliance with CEQA and the National Environmental Policy Act.
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission ( SFPUC) is required by the Federal and State Safe Drinking Water Acts to demonstrate the existence of a “watershed control program” for the Tuolumne River watershed above Hetch Hetchy Reservoir within Yosemite National park; and
WHEREAS, The U.S. Department of the Interior - National Park Service has exclusive jurisdiction over management of the Hetch Hetchy watershed within Yosemite National Park, consistent with the terms of the 1913 Raker Act, the National Park Service Organic Act, the Wilderness Act, and the federal Wild and Scenic Rivers Act; and WHEREAS, The SFPUC and the National Park Service have entered into a series of services agreements since 2005 in which SFPUC funding has been used by NPS to manage and prevent microbiological contamination of surface water within the Hetch Hetchy watershed; and WHEREAS, The SFPUC and the National Park Service desire to continue their cooperation in the pursuit of their common goal s, and acknowledge the SFPUC’s financial commitment and the National Park Service’s implementation commitment to watershed protection, environmental stewardship and security programs; and WHEREAS, Services under a new Memorandum of Agreement (MOA) between the SFPUC and the National Park Service are anticipated to begin July 1, 2024 and end June 30, 2028, with a total duration of four years; and
WHEREAS, The not -to-exceed amount to be paid by the SFPUC under the MOA is $40,958,727 and the duration is four years; and
WHEREAS, This action does not constitute a “project” under the California Environmental Quality Act (CEQA) Guidelines s ection 15378(a) because there would be no physical change in the environment, and because the action is a continuing maintenance activity under CEQA Guidelines section 15378(b)(2); and should funding authorized under the subject MOA involve activities other than personnel-related functions, approval and implementation of those activities by the National Park Service, Yosemite National Park would be subject to compliance with CEQA and the National Environmental Policy Act ; and
WHEREAS, The NPS and the SFPUC will work together to develop a separate “Protection and Nondisclosure of Sensitive Security Information” agreement , which will comply with applicable regulations not limited to Critical Infrastructure Information or protected Critical Infrastructure Information as defined under the Homeland Security Act of 2002 and 6 C ode of Federal Regulations § 29.2; and
WHEREAS, Funds will be available from the Hetch Hetchy Water and Power operating budget as appropriated through the City and County of San Francisco’s budget process and subject to approval during the City and County of San Francisco’s budget cycle and certification by the Controller; now, therefore, be it
RESOLVED, That this Commission hereby approves Contract No. CS-1413, Comprehensive Management of Watersheds within Yosemite National Park Supplying the San Francisco Regional Water System Memorandum of Agreement with the United States Department of the Interior, National Park Service – Yosemite National Park , for an amount not -to-exceed $40,958,727, and with a duration of four years , subject to Board of Supervisors approval under Charter Section 9.118; and be it
FURTHER RESOLVED, that the General Manager is hereby authorized to enter into a non-disclosure agreement with the National Park Service regarding SFPUC’s and the National Park Service’s protection of any sensitive security information that may be shared in connection with the Memorandum of Agreement and/or its implementation.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of January 23, 2024.
Secretary, Public Utilities Commission