GRT segment development so that the trail crossings at these road and highway intersections can be thoughtfully incorporated into each design project.
The resource studies and surveys to be conducted as part of the project are needed to obtain regulatory permits, to address environmental conditions that affect trail development along the former railroad corridor, and to be consistent with the Master Plan, which requires study and review of environmental considerations pursuant to GRTA’s adopted commitments to resource protection, environmental restoration, and land stewardship. Studies and surveys to be completed include an Aquatic Resources Delineation, a Biological Resources Study and Biological Assessment, a study of scenic resources and visual/aesthetic considerations, an Archaeological Survey Report, a Historic Resources Evaluation Report, a Hydraulic Study, and a Floodplain Evaluation Report. The project includes using the studies to prepare National Environmental Policy Act (NEPA) documentation to make the project more competitive to receive federal funding via Caltrans for future phases of design, permitting, and construction via their Active Transportation Program and similar federal funding programs.
The project’s preparation of 30% designs will build on the results of the project’s outreach and environmental analysis. The project’s design work includes evaluation of route alignments, assessment of existing bridge structures for suitability for adaptive reuse as non-motorized trail crossings, development of conceptual bridge improvements, and preparation of 30% designs that are feasible and implementable.
The project’s vegetation management will occur in partnership with the California Conservation Corps and other community organizations and consists of removing vegetation in the GRTA right of way to facilitate site access for the studies, surveys, and design development.
The GRTA’s right-of-way passes through many tribal ancestral lands, and the former railroad on which GRTA’s right-of-way is located was part of California’s history of tribal genocide, forced relocation, and cultural erasure. Portions of the project area are adjacent to the Eel River, which is significant to California Native American tribes. The project includes ongoing coordination efforts with California Native American tribes as further described in Project Selection Criteria #3 below.
The project also includes community outreach and engagement. The City of Fortuna will coordinate with GRTA, the Conservancy, the community, neighbors, non-profits, trail user groups, and other key stakeholders with special ties to the project area. Meetings, as further described in Project Selection Criteria #6 below, and site visits will inform fieldwork and designs and results will be shared and incorporated as appropriate.
The GRT is proposed within the over 300-mile length of the former North Coast Railroad Authority right-of-way, from San Francisco Bay north to the Humboldt Bay. The GRT, once complete, will be the longest rail-trail in the nation. The portions of the rail right-of-way in Mendocino, Trinity, and Humboldt counties are owned by the GRTA. The Marin and Sonoma portions of the rail right-of-way are owned by the Sonoma-Marin Area Rail Transit (SMART), and SMART will be responsible for planning and developing the GRT Southern Segment in those counties with Larkspur at its southern terminus. The final connection between Larkspur and the Golden Gate Bridge may be planned, constructed, and operated by others.
GREAT REDWOOD TRAIL DEVELOPMENT—STATE ROUTE 36 TO FERNBRIDGE
The Conservancy assisted GRTA with completion and adoption of the Master Plan for the approximately 231-mile portion of the GRT from the Sonoma County/Mendocino County border, near Hopland, northward through the Cities of Ukiah, Willits, Rio Dell, Fortuna, Eureka, Arcata, and Blue Lake, to its terminus near the Humboldt Bay. Along the way, the trail will pass through redwood forests, grasslands, agricultural lands, and the currently largely inaccessible scenic Eel River Canyon, before skirting the edge of Humboldt Bay. As the right-of-way was formerly used for railroad purposes, it consists of a gentle grade, passing over many rail bridges, trestles, and tunnels, some of which have collapsed. Much of the rail line is in good condition for conversion to trail, but in some areas, erosive geology and deferred maintenance create challenges that will need to be addressed through careful and systematic planning.
GRTA adopted the Master Plan on March 19, 2026. It is anticipated that when authorizing construction of GRT segments, GRTA will require each segment to meet the requirements of the Master Plan, adopted GRTA policies, and GRTA enabling legislation. The GRTA Board also adopted a California Environmental Quality Act (CEQA) exemption for the Master Plan, pursuant to the terms of California Public Resources Code Section 21080.57. The City of Fortuna will prepare the 30% designs to be consistent with the GRT Master Plan.
Site Description: The project site consists of an existing Great Redwood Trail Agency (GRTA) railroad corridor extending approximately 6.2 miles from State Route 36 to Fernbridge at State Route 211, through and adjacent to the City of Fortuna in Humboldt County. The corridor follows a former Northwestern Pacific Railroad / North Coast Rail Authority alignment that has been railbanked for trail use and is currently overgrown, with limited public access and remnants of historic rail infrastructure. The corridor crosses Strongs Creek, a tributary to the Eel River which provides habitat for anadromous salmonids, using an intact rail bridge. Existing conditions include unmanaged vegetation and the absence of maintained pathways, which restrict safe pedestrian and bicycle access. As identified in the Master Plan, this segment represents a priority link in the North Coast trail network and an opportunity to repurpose an underutilized transportation corridor into a continuous Class I multi-use trail while maintaining the integrity of the historic rail alignment.
Grant Applicant Qualifications: The City of Fortuna currently manages large grants with the Coastal Conservancy, Wildlife Conservation Board, State Water Resources Control Board, and other state agencies for a variety of public serving projects. The City of Fortuna will manage this grant with its existing staff. It will be supported by its consultant team led by GHD, which also has substantial experience, in the North Coast and elsewhere, implementing activities in this grant’s scope of work related to environmental compliance, trail design, and stakeholder engagement. Once constructed, the facility will be owned by GRTA. The City will work collaboratively with GRTA to develop a strategy for management and maintenance of the facility.
CONSISTENCY WITH CONSERVANCY’S PROJECT SELECTION CRITERIA The proposed project is consistent with the Conservancy’s Project Selection Criteria, last updated on September 23, 2021, in the following respects:
GREAT REDWOOD TRAIL DEVELOPMENT—STATE ROUTE 36 TO FERNBRIDGE
Selection Criteria
1. Extent to which the project helps the Conservancy accomplish the objectives in the Strategic Plan.
See the “Consistency with Conservancy’s Strategic Plan” section below.
2. Project is a good investment of state resources.
The proposed grant will advance the planning and design of the GRT, which will be a worldclass, multi-use, rail trail that will provide significant recreational and economic benefits to Californians. The development of the GRT is feasible, with significant portions already completed. The trail will take advantage of an intact rail right of way in Humboldt County. The trail segment for this project was identified as a Tier 1 Priority for development in the GRT Master Plan. The project area is located within a disadvantaged community, with a severely disadvantaged community immediately to the south. All development phases for this trail segment will utilize local contractors and consultants that employ individuals from disadvantaged and severely disadvantaged communities on the north coast. Once constructed, the new trail will be a public asset offering recreation, active transportation, and economic opportunities for these disadvantaged and severely disadvantaged communities, as well as for visitors from around the region and state.
The project will also support the state’s Outdoors for All Initiative, specifically by connecting statewide and regional trail networks to provide diverse experiences (Outdoors for All Strategy
1.7).
3. Project includes a serious effort to engage tribes. Examples of tribal engagement include good faith, documented efforts to work with tribes traditionally and culturally affiliated to the project area.
Engagement with tribes was a key activity in the development of the Master Plan and resulted in the development of recommendations, which incorporate tribal input and seek to address concerns expressed by tribes for the design and management of GRT segments. Additional tribal engagement will occur throughout the project and will include stipends to tribes traditionally and culturally affiliated to the project area to support their participation. The project team, in coordination with GRTA and Conservancy staff will hold one-on-one meetings with tribes, and/or presentations at tribal council meetings if requested, to discuss the project’s current and future phases. The project includes consultation and collaboration with tribes regarding the preservation of archaeological and cultural resources or methods to mitigate, to the extent feasible, impacts to these resources. Tribal staff or representatives will be invited to join archaeology pedestrian field surveys, as well as special status plant surveys to identify ethnobotanical resources. Tribes will also be invited to complete ethnobotanical surveys independently and share results with the project team. The project team will also seek early tribal input on future trail amenities and related design elements that reflect and celebrate indigenous perspectives.
GREAT REDWOOD TRAIL DEVELOPMENT—STATE ROUTE 36 TO FERNBRIDGE
4. Project benefits will be sustainable or resilient over the project lifespan.
The project will support long-term, sustainable public benefits by advancing the planning and design for a paved Class I multi-use trail facility with an anticipated design life of approximately 30 years. Completion of environmental studies and surveys will enable the trail design and future implementation to be informed by site-specific environmental conditions, floodplain constraints, and cultural resource considerations, reducing long-term maintenance risks and supporting durable infrastructure investments. By addressing these issues early in project development, the project will help ensure that future construction proceeds efficiently and that the trail can reliably serve community and regional users over its intended lifespan.
Project benefits will also be resilient over time by positioning the trail segment for successful implementation and adaptive management. The proposed planning effort will establish a clear, environmentally responsible framework that supports future funding pursuits, permitting, and phased construction, ensuring continuity of benefits as the GRT network expands. As a paved Class I facility, the trail is intended to provide consistent, low-maintenance access for a wide range of users, helping ensure continued delivery of active transportation, recreational, and community connectivity benefits for decades while maintaining flexibility to respond to future environmental or operational considerations.
5. Project delivers multiple benefits and significant positive impact.
This project supports equitable access to active transportation and outdoor recreation by addressing a critical gap in the regional trail network, particularly for disadvantaged, severely disadvantaged, and underserved community members with limited access to off-highway walking and bicycling facilities. As a component of the larger GRT network, the project contributes to regional goals related to active transportation, recreation, tourism, and community connectivity, while supporting durable public infrastructure investments designed to serve North Coast communities for decades. A 2023 assessment of the economic benefits of a complete GRT networks estimates that this trail segment within the Fortuna area will generate over $1.73 million annually in benefits, including (1) health benefits such as mortality reduction from opportunities for increased physical activity; (2) transportation benefits such as reduced traffic congestion and vehicle crash costs, reduced road maintenance costs and reduced vehicle emissions; and (3) economic benefits for the City of Fortuna and local businesses through increased tourism, food/meals and other retail purchases (GRT Master Plan, Appendix A: Economic Benefits Assessment). The project’s studies and surveys will identify natural, aquatic, floodplain, and cultural resources early in project development so that the trail can be designed in an environmentally responsible way and support responsible stewardship of the Eel River corridor.
6. Project planned with meaningful community engagement and broad community support.
All GRT segment development projects, including this project, are built on a foundation of extensive community engagement conducted during the preparation of the GRT Master Plan.
That past engagement, including a public workshop held in the City of Fortuna in March 2023, informed initial project goals, trail design elements, amenities, access points, opportunities and constraints, and management recommendations for the GRT segment that is the focus of this GREAT REDWOOD TRAIL DEVELOPMENT—STATE ROUTE 36 TO FERNBRIDGE
project. The City of Fortuna is also currently holding a series of strategic plan visioning sessions in which trails have been a recurring theme heard from the community. Specifically for this project, the City of Fortuna will lead and implement a comprehensive public engagement and outreach program to directly connect with local decision makers, the general public, adjacent landowners, underserved groups from the community, and distinct trail user groups (e.g., equestrian users.) Engagement efforts will include illustrative exhibits, presentation materials for City Council meetings, and coordinated communications products to ensure transparent and effective information sharing throughout project development. The City of Fortuna, in collaboration with GRTA, will also lead targeted outreach to key stakeholder groups, including adjacent private landowners, trail user groups, and community organizations.
PROJECT FINANCING
Coastal Conservancy $922,000
Project Total $922,000
The anticipated source of funding for the project is a fiscal year 25/26 appropriation to the Conservancy from the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Fund (Proposition 4, also called the 2024 Climate Bond), codified at Public Resources Code sections 90000-95015. The Budget Act of 2025 specifically appropriated Proposition 4 funds under Public Resources Code section 94030 to the Conservancy for the GRTA to complete the Great Redwood Trail. Section 94030 allocates funds for projects to expand recreational opportunities and public access to state and public park non-motorized trails, including creation of new trails. The project is an appropriate use of these funds because it will advance planning and design for a Tier 1 priority trail segment of the GRT. At its May 21, 2026 meeting, the GRTA authorized the Conservancy to grant these Proposition 4 funds directly to City of Fortuna for the project.
Consistent with the anticipated funding source, the proposed project will carry out tribal and community outreach and conduct work that will contribute towards completion of the GRT as described above.
CONSISTENCY WITH CONSERVANCY’S ENABLING LEGISLATION
The proposed project will be undertaken pursuant to Chapter 9 of Division 21 of the Public Resources Code (Sections 31400 et seq.) related to public accessways. Section 31409 authorizes the Conservancy to award grants and provide assistance to public agencies and nonprofit organizations to establish and expand inland trail systems that may be linked to the California Coastal Trail. Consistent with Section 31409, the authorization will fund work to plan an approximately 6.2-mile segment of the GRT, which will connect to and include segments of the California Coastal Trail.
CONSISTENCY WITH CONSERVANCY’S 2023-2027 STRATEGIC PLAN Consistent with Goal 1.1 Commit Funding to Benefit Systemically Excluded Communities, the proposed grant will assist with planning and design of facilities that will improve recreational conditions and active transportation options for disadvantaged and severely disadvantaged communities in Humboldt County.
GREAT REDWOOD TRAIL DEVELOPMENT—STATE ROUTE 36 TO FERNBRIDGE
Consistent with Goal 2.4 Build Trails, the proposed grant will assist with the planning and design of a segment of the GRT, which is one of five flagship trails identified in the Conservancy’s 2023-2027 Strategic Plan.
Consistent with Goal 2.5 Recreation Facilities & Amenities, the proposed grant will assist with the planning and design for facilities that will enhance recreational opportunities, including benches, education and interpretive facilities, public art, and signage.
CEQA COMPLIANCE:
California Public Resources Code (PRC) Section 21080.57 exempts from the California Environmental Quality Act "any activity or approval necessary for or incidental to planning, design, site acquisition, construction, operation, or maintenance of public park or nonmotorized recreational trail facilities funded in whole or in part by the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024," also known as Proposition 4. The project consists of conducting studies, surveys, and planning and preparing designs for developing a 6.6-mile nonmotorized trail that will be funded whole or in part by Proposition 4 funds and is therefore exempt under PRC Section 21080.57. The project’s vegetation management is necessary to conduct the studies and surveys and therefore is within the scope of this exemption.
Upon approval of the project, Conservancy staff will file a Notice of Exemption.
SEGMENT EXTENTS
Metropolitan Heights Rd, North of Rio Dell to
Riverwalk Dr, Fortuna
COUNTY
Humboldt County
LENGTH
5.0 Miles
Planned: 0.0 Miles
Existing: 0.0 Miles
TRAIL TYPE
Paved Multi-use Trail
PRIORITIZATION
Tier 2
ALTON
Segment 30
#
ENVIRONMENTAL
Water
TRAIL TYPES
TRAIL AMENITIES*
Paved Trail
Crushed Stone Trail
Backcountry Trail
Loop, non-GRT
Parallel Route
Roadway Crossings**
Infrastructure Conditions***
INFRASTRUCTURE
Crossing, Minor Public
Crossing, Private
Underpass
Geomorphic, Major
Bridge
Bridge, Damaged
HUMBOLDT
LAKE
MENDOCINO
SONOMA
TRINITY
Trailheads
Community Gateway
Community Trailhead
Community Access Point
Trail-Oriented
Development
Campground
Parks / Rest Areas
Potential Opportunity Sites
BOUNDARIES
OWNERSHIP
City/Town/Place
Parks & Public Lands
GRTA
State
Federal
Tribal
Local
*All amenities are potential opportunities for
planning purposes only unless otherwise
indicated as existing.
**Private crossings may or may not be licensed.
***Conditions reflect best available data as of
2023. It is understood that conditions are
rapidly changing based on 2020 report data.
Select points have been updated based on
new information.
TRAIL STATUS
Existing
Planned
SEGMENT DETAILS
Segment Breakpoint
Design Concept
GRT Milepost
Individual trail design and construction projects might be comprised of an entire Master Plan segment,
multiple segments, or portions of segments depending
on a variety of factors including but not limited to staff and partner agency capacity, funding, permitting, and
additional engineering analysis.
108 Trail Alignment & Design Concepts
B ul e Slide Rd
Blue Slide Rd
Ronald Ave
Ross Hill Rd
A St
Northwestern Ave
Northwestern Ave
Rohnerville Rd
dR elli vr enhoR
School St
Metropo litan Rd
Kenmar Rd
Drake Hill Rd
Demello Rd
Main St
State Route 36
State Ro ute 36
Redwood Hwy
Grizzly Blu Rd
S Fortuna Blvd
Redwood Hwy
Redwood Hwy
Riverbar Rd
Victoria Ln
OPPORTUNITY
Opportunity for loop trail to
connect via the Fortuna Riverwalk
from the Van Duzen River to 12th
St in Fortuna.
OPPORTUNITY
Widened GRTA ROW and adjacent
Caltrans ROW. Opportunity for
community trailhead to connect to
parallel route through Rio Dell.
OPPORTUNITY
Potential partnership with private
landowners and businesses for
trail-oriented development along
Eel River Dr to support recreational
amenities, lodging, and retail.
OPPORTUNITY
Widened GRTA ROW. Opportunity
for community access point and
linear park. Key access point for
residential community to the east
via Drake Hill Rd.
OPPORTUNITY
Series of small GRTA parcels and
widened GRTA ROW. Due to steep
slopes, limited opportunity for trail
amenities.
OPPORTUNITY
Widened GRTA ROW on both sides of SR 36.
Opportunity for community trailhead and trail junction
that serves the GRT mainline, Carlotta line, and
connections to Fortuna Riverwalk loop trail.
Rohnerville
Ä36
101
Strongs Creek
Jameson Creek
Price Creek
Van Duzen River
Eel River
Slater
Creek
FORTUNA
RIO DELL
HYDESVILLE
Rohnerville
LAR
Eel River
Trap Club
Alton
258
259
260
261
262
263 264
265
1 2
CONSTRAINT
At-grade crossing of highway near
existing on- and o-ramps with
high volumes of vehicles.
CONSTRAINT
Damaged bridge south of
Steelhead Creek. May require
repairs or reconstruction pending
further study.
0 1,000 2,000 US FEET
See map for Segment 29
See map for Segment 31
See maps for
Segment 40
30-1
See 30-1 Alton Crossing and Community Trailhead
See See 29-2 Scotia Blus
Community Gateway
The location of culturally significant resources is confidential and therefore, they are not shown on these maps. Before constructing any portion of the trail, an inventory and evaluation of cultural resources will be conducted in collaboration with California Native American tribes. Cultural resources are protected under state and federal law, and include Native American archaeological sites, historic archaeological sites and buildings, and natural areas with traditional cultural significance.
Trail Alignment & Design Concepts 109
30-1 Alton Crossing and Community Trailhead
304 12th Street, Suite 2A | Oakland, CA 94607
510-540-5008 | altago.com
Dwg filename: N:\Shared\PROJECTS\2022\00-2022-180 CA Great Redwood Trail Master Plan\CAD\02_Exhibits\MM262.4-Z1-Alton\22-180_EXH_ALTON.dwg Last saved by: katrinaortiz Plot date: 1/16/2025 3:20 PM Plotstyle table: ALTA NCS Standard.stb 304 12th Street, Suite 2A | Oakland, CA 94607
510-540-5008 | altago.com
Dwg filename: N:\Shared\PROJECTS\2022\00-2022-180 CA Great Redwood Trail Master Plan\CAD\02_Exhibits\MM262.4-Z1-Alton\22-180_EXH_ALTON.dwg Last saved by: katrinaortiz Plot date: 1/16/2025 3:20 PM Plotstyle table: ALTA NCS Standard.stb FIGURE 10
MM 262.4
ALTON
GREAT REDWOOD TRAIL MASTER PLAN
0 50' 100'
Scale: 1" = 50'
LEGEND:
GREAT REDWOOD TRAIL, PAVED
NOTE: DESIGN INTENT TO REDUCE IMPERVIOUS SURFACES
TRAILHEAD AMENITIES
TRAILHEAD RECREATION SPACES
TRAILHEAD ACCESS IMPROVEMENTS
TRAILHEAD PARKING
EXISTING RAIL BED
Note: This conceptual plan is for illustrative purposes only. Future engagement with community members, business owners, and California Native American tribes will be conducted as part of a detailed design process prior to construction. 110 Trail Alignment & Design Concepts This page intentionally left blank This page intentionally left blank
SEGMENT EXTENTS
Riverwalk Dr, Fortuna to SR 211, Fernbridge
COUNTY
Humboldt County
LENGTH
4.2 Miles
Planned: 0.0 Miles
Existing: 0.0 Miles
TRAIL TYPE
Paved Multi-use Trail
PRIORITIZATION
Tier 1
FORTUNA TO FERNBRIDGE
Segment 31
#
HUMBOLDT
LAKE
MENDOCINO
SONOMA
TRINITY
ENVIRONMENTAL
Water
TRAIL AMENITIES*
Infrastructure Conditions***
INFRASTRUCTURE
Bridge
Hazardous Materials
TRAIL TYPES
TRAIL STATUS
Paved Trail
Loop, non-GRT
Connector, non-GRT
Existing Trail
Planned
Trailheads
Community Trailhead
Community Gateway
Community Access Point
Potential Opportunity Sites
Trail-Oriented
Development
Parks / Rest Areas
Roadway Crossings*
Crossing, Highway
Crossing, Major Public
Crossing, Private
Crossing, Underpass
BOUNDARIES
OWNERSHIP
City/Town/Place
Parks & Public Lands
GRTA
Local
State
Federal
Nonprofit
SEGMENT DETAILS
Segment Breakpoint
Design Concept
GRT Milepost
*All amenities are potential opportunities for
planning purposes only unless otherwise
indicated as existing.
**Private crossings may or may not be licensed.
***Conditions reflect best available data as of
2023. It is understood that conditions are
rapidly changing based on 2020 report data.
Select points have been updated based on
new information.
Individual trail design and construction projects might be comprised of an entire Master Plan segment,
multiple segments, or portions of segments depending
on a variety of factors including but not limited to staff and partner agency capacity, funding, permitting, and
additional engineering analysis.
112 Trail Alignment & Design Concepts
OPPORTUNITY
Opportunity for trail access to Fortuna Middle School.
OPPORTUNITY
Opportunity for loop trail to connect via the Fortuna Riverwalk from the Van Duzen River to 12th St in Fortuna.
OPPORTUNITY
Potential partnership with private landowner and proposed land-use development for trail-oriented development to support improved trail access, park or trail amenities, housing, retail, and dining.
OPPORTUNITY
Potential partnership with City of Fortuna and Caltrans to provide a community trailhead at existing parking lot on Kenmar Rd, with proposed improvements to lot and connections to existing bus stops, Fortuna Riverwalk Trail and future Strongs Creek Trail.
OPPORTUNITY
Opportunity for coordination with
Humboldt County parcels for
restoration, recreational amenities,
and potential river access.
OPPORTUNITY
Opportunity for connector to
Ferndale and California Coastal
Trail route heading south.
OPPORTUNITY
Widened GRTA ROW north of 12th
St. In addition to a community
access point, opportunity for linear
park, trail-oriented-development
with adjacent businesses, and
connection via 12th St to Fortuna
Riverwalk.
OPPORTUNITY
Opportunity for coordination
with existing businesses in
Fortuna for trail-oriented
development including lodging,
retail, and dining opportunities.
CONSTRAINT
At-grade crossing of highway near existing on- and
o-ramps with high volumes of vehicles.
Fernbridge Dr
Palmer Blvd
Riverwalk Dr
Main St
Main St
Kenmar Rd 12th St
F ni ch Creek Rd
Ross Hill Rd N Fortuna Blvd
S Fortuna Blvd
3rd St
Redwood Hwy
Redwood Hwy
Redwood Hwy
101
Finch Creek
Strongs Creek
Palmer Creek
Eel River
FORTUNA
Rohner
Park
See map for
Segment 32
Eel River
Trap Club
Fernbridge
265
266
267
268
269
0 820 1,640 US FEET
Ä211
101
See map for Segment 30
31-1 See 31-1 Fortuna Kenmar Rd Crossing and Trailhead
The location of culturally significant resources is confidential and therefore, they are not shown on these maps. Before constructing any portion of the trail, an inventory and evaluation of cultural resources will be conducted in collaboration with California Native American tribes. Cultural resources are protected under state and federal law, and include Native American archaeological sites, historic archaeological sites and buildings, and natural areas with traditional cultural significance.
Trail Alignment & Design Concepts 113
31-1 Fortuna Kenmar Rd Crossing and Trailhead
304 12th Street, Suite 2A | Oakland, CA 94607
510-540-5008 | altago.com
Dwg filename: N:\Shared\PROJECTS\2022\00-2022-180 CA Great Redwood Trail Master Plan\CAD\02_Exhibits\MM264.5-Z1-Fortuna to Fernbridge\22-180_EXH_FORTUNA.dwg Last saved by: SamAlig Plot date: 2/8/2024 9:37 AM Plotstyle table: ALTA NCS Standard.stb FIGURE 11
MM 264.5
FORTUNA TO FERNBRIDGE
GREAT REDWOOD TRAIL MASTER PLAN
0 100' 200'
Scale: 1" = 100'
LEGEND:
GREAT REDWOOD TRAIL, PAVED
NOTE: DESIGN INTENT TO REDUCE IMPERVIOUS SURFACES
TRAILHEAD AMENITIES
TRAILHEAD RECREATION SPACES
TRAILHEAD ACCESS IMPROVEMENTS
TRAILHEAD PARKING
EXISTING RAIL BED
R/W - GRTA RIGHT-OF-WAY
Note: This conceptual plan is for illustrative purposes only. Future engagement with community members, business owners, and California Native American tribes will be conducted as part of a detailed design process prior to construction. 114 Trail Alignment & Design Concepts Consent Agenda Item 3u
STAFF REPORT
Consent Agenda Item
DATE: July 20, 2026
TO: Honorable Mayor and Council Members
FROM: Jason Johnson, Utilities Superintendent
THROUGH: Amy Nilsen, City Manager
SUBJECT: Approval of the City’s Cross Connection Control Plan as Required by the California State Water Resources Control Board
STAFF RECOMMENDATION:
It is recommended that the City Council, by motion, approve the City’s Cross Connection Control Plan as required by the State Water Resources Control Board.
EXECUTIVE SUMMARY:
The City has developed a Cross Connection Control Plan to comply with requirements established by the California State Water Resources Control Board and to protect the public drinking water system from contamination due to backflow. The plan establishes policies, procedures, and enforcement mechanisms to identify and control cross connections within the City’s water system, including requirements for backflow prevention devices, inspection, testing, and recordkeeping.
The Cross Connection Control Plan has been reviewed and approved by the State Water Resources Control Board, confirming that it meets all regulatory requirements. City Council approval is requested to formally adopt the plan and authorize its implementation.
Adoption of this item will ensure continued regulatory compliance, safeguard public health, and strengthen the City’s water quality protection efforts.
FINANCIAL IMPACT:
Implementation of the Cross Connection Control Plan will be supported through existing Water Fund resources. Costs associated with program administration, inspections, and enforcement are anticipated to be absorbed within the current operating budget. Future adjustments, if necessary, will be addressed through the annual budget process.
RECOMMENDED COUNCIL ACTION:
Approve the City’s Cross Connection Control Plan, as approved by the California State Water Resources Control Board; and authorize the implementation and administration of the plan in accordance with applicable state regulations. Consent Agenda vote.
ATTACHMENTS:
• City Cross Connection Control Plan (Approved by State Water Board)
CITY OF FORTUNA
CROSS-CONNECTION CONTROL PLAN
The City of Fortuna
Fortuna, California 95540
June 2026
Prepared by:
Orrin Plocher and Stan Thiesen
of
78 Sunny Brae Center
Arcata, California 95521
Phone (707) 839-0091
Freshwater Environmental Services
2026 Cross-Connection Control Plan i June 2026
City of Fortuna, California Freshwater Environmental Services
TABLE OF CONTENTS
LIST OF APPENDICES ........................................................................................ ii SECTION 1: INTRODUCTION..............................................................................1
1.1 Definitions...............................................................................................1 SECTION 2: INITIAL AND ONGOING HAZARD ASSESSMENTS.......................5
2.1 Initial Hazard Assessment...........................................................................6
2.2 Hazard Assessment Process ......................................................................6
2.3 Hazard Assessment Personnel ...................................................................7 SECTION 3: LEGAL AUTHORITY........................................................................9
3.1 Fortuna Municipal Code ..............................................................................9
3.2 Agreements with Other Agencies................................................................9 SECTION 4: CROSS-CONNECTION CONTROL DEVICE TESTING AND
INSPECTION......................................................................................................10
4.1 Inspection..................................................................................................10
4.2 Testing ......................................................................................................10 SECTION 5: NON-TESTABLE BACKFLOW PREVENTERS .............................12 SECTION 6: QUALIFICATION FOR TESTING AND INSPECTION ...................13 SECTION 7: RESPONSE TO BACKFLOW INCIDENTS....................................14 SECTION 8: CROSS-CONNECTION CONTROL PERSONNEL........................16 SECTION 9: TRACKING AND RECORD MANAGEMENT.................................17 SECTION 10: USER SUPERVISOR...................................................................19 SECTION 11: CORRECTIVE ACTIONS AND TIMEFRAMES............................20 SECTION 12: PUBLIC OUTREACH AND EDUCATION PROGRAM.................21 2026 Cross-Connection Control Plan ii June 2026
City of Fortuna, California Freshwater Environmental Services
LIST OF APPENDICES
APPENDIX A CROSS-CONNECTION CONTROL POLICY HANDBOOK
STANDARDS AND PRINCIPLES FOR CALIFORNIA’S PUBLIC
WATER SYSTEMS, 2024
APPENDIX B FORTUNA MUNICIPAL CODE
APPENDIX C INVENTORY OF ALL NON-TESTABLE BACKFLOW
PREVENTERS UNDER CITY OWNERSHIP
2026 Cross-Connection Control Plan 1 June 2026
City of Fortuna, California Freshwater Environmental Services SECTION 1: INTRODUCTION
This Cross-Connection Control Plan (CCCP) describes how the City of Fortuna will achieve and maintain compliance with each requirement in Chapter 3 of the CrossConnection Control Program Handbook (CCCPH) adopted by State Water Resources Control Board December 19, 2023, effective July 1, 2024, and is included as Appendix A. This cross-connection control program was developed in consultation with Mr.
Jason Johnson, cross-connection control specialist, certification 000110.
This CCCP is intended to be a living document and should be updated as needed to reflect changes to the CCCP elements. The intent of this CCCP is to meet the requirements of the CCCPH. This document includes twelve sections in the order presented in the CCCPH:
1. Introduction;
2. Initial and ongoing hazard assessments;
3. Legal authority;
4. Cross-connection control device testing and inspection;
5. Non-testable backflow preventers;
6. Qualification for testing and inspection;
7. Response to backflow incidents;
8. Cross-connection control personnel;
9. Tracking and record management;
10. User supervisor.
11. Corrective actions and timeframes; and
12. Public outreach and education program.
The purpose of a cross-connection control program is to prevent the occurrence of backflow into a PWS’s distribution system in order to protect customers from contamination or pollution from any on-site hazards. Properly installed and maintained Backflow Prevention Assemblies (BPAs), devices, or methods provide protection against the threat posed by many conditions typically found on a user’s premise.
1.1 Definitions
• “Air-gap separation” or “AG” means a physical vertical separation of at least two (2) times the effective pipe diameter between the free-flowing discharge end of a potable water supply pipeline and the flood level of an open or non-pressurized receiving vessel, and in no case less than one (1) inch.
• “Approved water supply” means a water source that has been approved by the State Water Board for domestic use in a public water system and designated as such in a domestic water supply permit issued pursuant to section 116525 of the California Health and Safety Code (CHSC).
• “Auxiliary water supply” means a source of water, other than an approved water supply, that is either used or equipped, or can be equipped, to be used as a water supply and is located on the premises of, or available to, a water user. 2026 Cross-Connection Control Plan 2 June 2026
City of Fortuna, California Freshwater Environmental Services • “Backflow” means an undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into a public water system’s distribution system or approved water supply.
• “Backflow prevention assembly” or “BPA” means a mechanical assembly designed and constructed to prevent backflow, such that while in-line it can be maintained and its ability to prevent backflow, as designed, can be field tested, inspected and evaluated.
• “Backflow prevention assembly tester” means a person who is certified as a backflow prevention assembly tester.
• “Cross-connection” means any actual or potential connection or structural arrangement between a public water system, including a piping system connected to the public water system and located on the premises of a water user or available to the water user, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply.
• “Cross-connection control specialist” means a person who is certified as a crossconnection control specialist. • “Double check detector backflow prevention assembly” or “DCDA” means a double check valve backflow prevention assembly that includes a bypass with a water meter and double check backflow prevention assembly, with the bypass’s water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. This type of assembly may only be used to isolate low hazard cross-connections.
• “Double check detector backflow prevention assembly – type II” or “DCDA-II” means a double check valve backflow prevention assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. This type of assembly may only be used to isolate low hazard cross-connections.
• “Double check valve backflow prevention assembly” or “DC” means an assembly consisting of two independently-acting internally-loaded check valves, with tightly closing shut-off valves located at each end of the assembly (upstream and downstream of the two check valves) and fitted with test cocks that enable accurate field testing of the assembly. This type of assembly may only be used to isolate low hazard cross-connections.
• “Hazard Assessment” means an evaluation of a user premises designed to evaluate the types and degrees of hazard at a user’s premises.
• “High hazard cross-connection” means a cross-connection that poses a threat to the potability or safety of the public water supply. Materials entering the public water supply through a high hazard cross-connection are contaminants or health hazards. 2026 Cross-Connection Control Plan 3 June 2026
City of Fortuna, California Freshwater Environmental Services See Appendix D of the Cross-Connection Control Program Handbook (Appendix A) for some examples.
• “Low hazard cross-connection” means a cross-connection that has been found to not pose a threat to the potability or safety of the public water supply but may adversely affect the aesthetic quality of the potable water supply. Materials entering the public water supply through a low hazard cross-connection are pollutants or non-health hazards.
• “Premises containment” means protection of a public water system’s distribution system from backflow from a user’s premises through the installation of one or more air gaps or BPAs, installed as close as practical to the user’s service connection, in a manner that isolates the water user’s water supply from the public water system’s distribution system.
• “Pressure vacuum breaker back siphonage prevention assembly” or “PVB” means an assembly with an independently-acting internally-loaded check valve and an independently-acting loaded air inlet valve located on the discharge side of the check valve; with test cocks and tightly closing shutoff valves located at each end of the assembly that enable accurate field testing of the assembly. This type of assembly may not to be used for any purpose other than protection against backsiphonage and not for backpressure conditions .
• “Reduced pressure principle backflow prevention assembly” or “RP” means an assembly with two independently acting internally-loaded check valves, with a hydraulically operating mechanically independent differential-pressure relief valve located between the check valves and below the upstream check valve. The assembly shall have shut-off valves located upstream and downstream of the two check-valves, and test cocks to enable accurate field testing of the assembly. • “Reduced pressure principle detector backflow prevention assembly” or “RPDA” means a reduced pressure principle backflow prevention assembly that includes a bypass with a water meter and reduced pressure principle backflow prevention assembly, with the bypass’s water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow • “Reduced pressure principle detector backflow prevention assembly – type II” or “RPDA-II” means a reduced pressure principle backflow prevention assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. • “Spill-resistant pressure vacuum breaker back siphonage prevention assembly” or “SVB” means an assembly with an independently-acting internally-loaded check valve and an independently-acting loaded air inlet valve located on the discharge side of the check valve; with shutoff valves at each end and a test cock and bleed/vent port, to enable accurate field testing of the assembly. This type of 2026 Cross-Connection Control Plan 4 June 2026
City of Fortuna, California Freshwater Environmental Services assembly may only be used for protection from back siphonage and is not to be used to protect from backpressure.
• “State Water Board”, unless otherwise specified, means the State Water Resources Control Board or the local primacy agency having been delegated the authority to enforce the requirements of the CCCPH by the State Water Resources Control Board.
• “Swivel-Ell” means a reduced pressure principle backflow prevention assembly combined with a changeover piping configuration (swivel-ell connection) designed and constructed pursuant to the requirements of the CCCPH. • “User premises” means the property under the ownership or control of a water user and is served, or is readily capable of being served, with water via a service connection with a public water system.
• “User’s service connection” means either the point where a water user’s piping is connected to a water system or the point in a water system where the approved water supply can be protected from backflow using an air gap or backflow prevention assembly.
• “User Supervisor” means a person designated by a water user to oversee a water use site and responsible for the avoidance of cross-connections. • “Water supplier” means a person who owns or operates a public water system. • “Water user” means a person or entity who is authorized by the PWS to receive water.
2026 Cross-Connection Control Plan 5 June 2026
City of Fortuna, California Freshwater Environmental Services SECTION 2: INITIAL AND ONGOING HAZARD
ASSESSMENTS
State Requirements:
A description of the process, personnel, and timeframes for completing initial and ongoing hazard assessments pursuant to CCCPH section 3.2. (a) To evaluate the potential for backflow into the PWS, each community water system must conduct an initial hazard assessment of the user premises within its service area. The hazard assessment must consider:
(1) The existence of cross-connections;
(2) the type and use of materials handled and present, or likely to be, on the user premises;
(3) the degree of piping system complexity and accessibility; (4) access to auxiliary water supplies, pumping systems, or pressure systems;
(5) distribution system conditions that increase the likelihood of a backflow event (e.g., hydraulic gradient differences impacted by main breaks and high water-demand situations, multiple service connections that may result in flow-through conditions, etc.);
(6) user premises accessibility;
(7) any previous backflow incidents on the user premises; and (8) the requirements and information provided in the CCCPH. (b) Each hazard assessment must identify the degree of hazard to the PWS’s distribution system as either a high hazard cross-connection, a low hazard crossconnection, or having no hazard. (c) The hazard assessment must determine whether an existing BPA, if any, provides adequate protection based on the degree of hazard. (d) Hazard assessments completed prior to the adoption of the CCCPH may be considered as an initial hazard assessment provided that such hazard assessments and associated backflow protection provide protection consistent with the CCCPH and the PWS describes their review of these assessments in the Cross-Connection Control Plan required in CCCPH section 3.1.4.
(e) Subsequent to the initial hazard assessment described in subsection (a), a community water system must perform a hazard assessment under the following criteria:
(1) if a user premises changes account holder, excluding single-family residences;
(2) if a user premises is newly or re-connected to the PWS; 2026 Cross-Connection Control Plan 6 June 2026
City of Fortuna, California Freshwater Environmental Services (3) if evidence exists of changes in the activities or materials on a user’s premises;
(4) if backflow from a user’s premises occurs;
(5) periodically, as identified in the PWS’s Cross-Connection Control Plan required pursuant to CCCPH section 3.1.4.;
(6) if the State Water Board requests a hazard assessment of a user’s premises; and
(7) if the PWS concludes an existing hazard assessment may no longer accurately represent the degree of hazard.
2.1 Initial Hazard Assessment
The City of Fortuna will begin its initial hazard assessment in 2026. The initial hazard assessment is estimated to be completed by 2036. Data collected for the initial survey will include:
• Fortuna water customer list;
• Fortuna list of water customers with backflow prevention devices; • Humboldt County list of sites with regulated hazardous materials; • List of registered water wells within the Fortuna water service boundary; • Review of pre-CCCPH hazard assessments and
• The street view of businesses and residences provided by Google Maps.
2.2 Hazard Assessment Process
Updated hazard assessments are conducted under the following circumstances:
(1) if a user premises changes account holder, excluding single-family residences; (2) if a user premises is newly or re-connected to the PWS; (3) if evidence exists of changes in the activities or materials on a user’s premises; (4) if backflow from a user’s premises occurs; and
(5) system-wide review periodically (every 5 years). Data that will be used for the system-wide review include:
• Fortuna water customer list;
• Fortuna list of water customers with backflow prevention devices; • Humboldt County list of sites with regulated hazardous materials; • List of registered water wells within the Fortuna water service boundary; and
• The street view of businesses and residences provided by Google Maps.
Hazard assessments will consider:
2026 Cross-Connection Control Plan 7 June 2026
City of Fortuna, California Freshwater Environmental Services (1) The existence of cross-connections;
(2) the type and use of materials handled and present, or likely to be, on the user premises;
(3) the degree of piping system complexity and accessibility; (4) access to auxiliary water supplies, pumping systems, or pressure systems; (5) distribution system conditions that increase the likelihood of a backflow event (e.g., hydraulic gradient differences impacted by main breaks and high waterdemand situations, multiple service connections that may result in flow-through conditions, etc.);
(6) user premises accessibility;
(7) any previous backflow incidents on the user premises; and (8) the requirements and information provided in the CCCPH.
The hazard level will be determined by a Certified Cross-Connection Specialist using CCCPH section 2.3.1, 2.4.2 and Appendix D, which identifies high hazard crossconnection control premises which require air-gap and reduced pressure assemblies. The City may reduce or increase the minimum protection required for a previously hazardassessed user premise following a hazard reassessment as described in CCCPH Chapter 3, section 3.2.1.
The City may consider developing a Fortuna-specific list of common hazard conditions to supplement the CCCPH guidance. A Fortuna-specific list of common hazard conditions can be attached to the CCCP.
2.3 Hazard Assessment Personnel
Hazard Assessment Personnel and contact information is included in the table below:
Title Name Phone Number
Cross-Connection Control
SpecialistCross-Connection Control
Program Coordinator
Jason Johnson, (Certified
Cross-Connection Control
Specialist, and Certified
Cross-Connection Control
Tester)
707-725-1478
The cross-connection control specialist will review or conduct each initial and follow-up hazard assessment pursuant to this section and make a written finding that, in the specialist’s judgment based on cross-connection control principles, the PWS’s hazard assessment properly identified all hazards at the time of the assessment, the appropriate degree of hazard, and the corresponding backflow protection.
The Cross-Connection Control Administrator maintains the GIS database that contains the required information about each connection with a backflow protection device. The data system stores device information, testing dates, test results, and a record of communication. The GIS data system is used to generate a list of connections with upcoming testing due which becomes a schedule for the City of Fortuna back-flow tester. 2026 Cross-Connection Control Plan 8 June 2026
City of Fortuna, California Freshwater Environmental Services
2.4 Hazard Assessment Timeframe
Within five working days of identifying a water connection that may need a backflow prevention device, the Cross-Connection Control Specialist will review the site and make a written determination regarding the hazard level and necessary backflow prevention device.
2026 Cross-Connection Control Plan 9 June 2026
City of Fortuna, California Freshwater Environmental Services SECTION 3: LEGAL AUTHORITY
State Requirements:
(1) Operating rules or ordinances – Each PWS must have operating rules, ordinances, by-laws or a resolution to implement the cross-connection program. The PWS must have legal authority to implement corrective actions in the event a water user fails to comply in a timely manner with the PWS’s provisions regarding the installation, inspection, field testing, or maintenance of BPAs required pursuant to this Chapter. Such corrective actions must include the PWS’s ability to perform at least one of the following:
(A) deny or discontinue water service to a water user,
(B) install, inspect, field test, and/or maintain a BPA at a water user’s premises, or
(C) otherwise address in a timely manner a failure to comply with the cross-connection control program.
3.1 Fortuna Municipal Code
The Fortuna Municipal Code (FMC) regarding Cross-Connection Control is contained in Section 13.04.010 through Section 13.04.290 (Appendix B.) The Fortuna Municipal Code provides the city with the authority to deny or discontinue water services, if a water user fails to install a required backflow device (FMC 13.04.050).
The Municipal Code also provides the City with the authority to disconnect a water service for not providing reasonable access to a premise for the purpose of making inspections for cross-connection control (FMC 13.04.090).
The Fortuna Municipal Code provides for testing of Cross-Connection Control devices “by city's utility personnel or a certified tester approved by the city” and also indicates that it is the “duty of the customer/user at any premises where said devices have been installed to have certified inspections and operational tests made at least once each year.” Water service can also be shut-off for failure to annually test or maintain a backflow device as required (FMC 13.04.080)
3.2 Agreements with Other Agencies
The City of Fortuna has no non-city water users.
2026 Cross-Connection Control Plan 10 June 2026
City of Fortuna, California Freshwater Environmental Services SECTION 4: CROSS-CONNECTION CONTROL DEVICE
TESTING AND INSPECTION
State Requirements:
A description of Cross-Connection Control device testing and inspection pursuant to CCCPH section 3.3.3.
(a) PWS must ensure that all BPAs installed for its Cross-Connection Control Program are field tested following installation, repair, depressurization for winterizing, or permanent relocation. All required field testing must be performed by certified backflow prevention assembly testers. (b) BPAs must be field tested at least annually. The CCCPH does not preclude a PWS, the State Water Board, or a local health agency from requiring more frequent field testing for premises with high hazard crossconnection or BPA at increased risk of testing failure. (c) Air-gap separations must be visually inspected at least annually to determine compliance with this Chapter by persons certified as backflow prevention assembly testers or certified as a cross-connection control specialist pursuant to this Chapter.
(d) PWS must receive passing field tests before providing continuous service to a water user with a newly installed BPA.
(e) PWS must ensure that BPAs that fail the field test are repaired or replaced within 30 days of notification of the failure. Extensions may be allowed by the PWS if included as part of the Cross-Connection Control Plan. (f) PWS must require backflow prevention assembly testers to notify the PWS as soon as possible within 24 hours if a backflow incident or an unprotected cross-connection is observed at the BPA or prior to the user premises during field testing. PWS must immediately conduct an investigation and discontinue service to the user premises if a backflow incident is confirmed, and water service must not be restored to that user premises until the PWS receives a confirmation of a passing BPA field test from a backflow prevention assembly tester and the assembly is protecting the PWS.
4.1 Inspection
Air-gap separations must be visually inspected at least annually to determine compliance with the CCCPH by persons certified as backflow prevention assembly testers.
4.2 Testing
All BPAs installed for the Cross-Connection Control Program are required to be field tested annually and following installation, repair, depressurization for winterizing, or permanent relocation. All required field testing must be performed by certified backflow prevention assembly testers.
2026 Cross-Connection Control Plan 11 June 2026
City of Fortuna, California Freshwater Environmental Services Newly installed BPAs must receive passing field tests before Fortuna provides continuous service to a water user.
Water users are required to repair or replace a BPA within 30 days of notification that a BPA failed a field test. Extensions may be allowed by Fortuna on a case-by-case basis.
Fortuna requires backflow prevention assembly testers to notify the City as soon as possible, within 24 hours, if a backflow incident, or an unprotected cross-connection is observed at the BPA or prior to the user premises during field testing.
Fortuna will immediately conduct an investigation and discontinue service to the user premises if a backflow incident is confirmed. Water service will not be restored to that user premises until the City receives confirmation of a passing BPA field test from a backflow prevention assembly tester and the assembly is protecting the PWS. 2026 Cross-Connection Control Plan 12 June 2026
City of Fortuna, California Freshwater Environmental Services SECTION 5: NON-TESTABLE BACKFLOW PREVENTERS
State Requirements:
(5) a description of the process and timeframe for ensuring each non-testable backflow preventer that is under the PWS ownership or administration is installed and maintained according to the California Plumbing Code; During the preparation of this plan (January-April 2025) Fortuna staff performed an initial inventory of all non-testable backflow preventers under City ownership (Appendix C).
Through this assessment, it was determined that all non-testable backflow preventers were installed and maintained according to the California Plumbing Code.
In the future, new or replacement non-testable backflow preventers installed at City owned facilities will be installed and maintained according to the California Plumbing Code. 2026 Cross-Connection Control Plan 13 June 2026
City of Fortuna, California Freshwater Environmental Services SECTION 6: QUALIFICATION FOR TESTING AND
INSPECTION
State Requirements:
(6) a description of the process for ensuring individuals field testing and inspecting BPAs are no less qualified than required by this Chapter, including but not limited to confirmation of the individual’s:
(A) certification as a backflow prevention assembly tester, (B) field test kit or gage equipment accuracy verification, and (C) BPA field test result reports;
• Fortuna requires that each BPA required by CCCPH to protect the public water system is field tested by a person with valid certification from a certifying organization recognized by the State Water Board pursuant to the CCCPH. All required field testing must be performed by certified backflow prevention assembly testers. Field test results will be used to verify tester certifications.
Backflow prevention assembly testers shall also provide field test kit or gauge equipment accuracy verification including documentation of annual test gauge calibration, including calibration frequency and verification procedures.
Most BPAs within the City of Fortuna are being tested by certified City staff. The only notable exception is the hospital, which employs its own certified testers.
Fortuna requires that air-gap separations be visually inspected at least annually to determine compliance with the CCCPH by persons certified as backflow prevention assembly testers or certified as a cross-connection control specialist pursuant to the CCCPH.
2026 Cross-Connection Control Plan 14 June 2026
City of Fortuna, California Freshwater Environmental Services SECTION 7: RESPONSE TO BACKFLOW INCIDENTS
State Requirements:
The PWS must develop and implement procedures for investigating and responding to suspected or actual backflow incidents in accordance with Article 5 of chapter 3 of the CCCPH.
If a backflow incident were to occur the City will take the following steps:
Step 1 Stop the pressure differential that caused backflow of contamination, if possible
Step 2 Contact appropriate state or local authorities to report the incident. State and local agencies will be notified of any known or suspected backflow incident within 24 hours of determination.
In areas where public exposure to harmful contaminants is suspected, provide guidance regarding water usage, and contact appropriate state or local authorities to report the incident. Public notice should explain the cause of the contamination and corrective actions that are underway and should include any appropriate health effects language.
Provide updated public notification as appropriate during and after removal of contamination from the system.
Step 3 If the contamination is limited to a small area, proceed to step 6.
If the extent of the contamination is unknown or is extensive, proceed to step 4. (If sampling and testing of the water can be arranged immediately, the results could be used to determine the extent of the contaminants involved.)
Step 4 Develop a plan for systematic cleaning or flushing of the system to minimize the risk of drawing contaminants into uncontaminated areas.
The plan should indicate the amount of water and the length of time needed to completely flush the system. The direction of flow should draw clean water through the contaminated site and prevent any contaminated water from entering uncontaminated areas. Depending upon the nature of the contamination, some wastes may be discharged into the sanitary sewer system and some may need special handling or treatment.
Step 5 Throughout the situation, continue to sample within and outside the suspected contaminated area to assess the extent of the damage. Skip step 6.
Step 6 Perform system flushing and, where necessary, cleaning of the customer's system.
2026 Cross-Connection Control Plan 15 June 2026
City of Fortuna, California Freshwater Environmental Services Step 7 After flushing and any necessary cleaning, test the drinking water in affected areas to ensure the contamination has been removed.
Step 8 Ensure that the source of contamination has been removed or that the risk of contamination has been eliminated using backflow prevention measures that meet local and state requirements.
2026 Cross-Connection Control Plan 16 June 2026
City of Fortuna, California Freshwater Environmental Services SECTION 8: CROSS-CONNECTION CONTROL
PERSONNEL
State Requirements:
(8) contact information for cross-connection control personnel including any crossconnection control program coordinator and specialist; This section discusses the City’s cross-connection control staff and responsibilities.
Department of Public Works
Position Current Staff Responsibility
Public Works
Director Brian Issa
(707) 725-1469
[email protected]
The Director of Public Works is the duly
authorized representative who oversees all
cross-connection control programs.
CrossConnection
Control
Specialist/
CrossConnection
Control
Program
Coordinator
Jason Johnson
707-725-1478
[email protected]
Duties include, coordinating the development
of the Cross-Connection Control Program.
Technical oversight of hazard assessments.
Reviews of construction permits to determine
the necessity of a cross-connection control
device and type of device. Certified
specialists are responsible for the proper
evaluation of the degree of hazard that exists
in the distribution system. Technical lead of
response to backflow incident. Performs
backflow device testing, and inspection of airgaps.
CrossConnection
Control
Testers
Troy Hubner
[email protected]
Andrew White
[email protected]
Mike McGinnis
Performs backflow device testing, and
inspection of air-gaps.
2026 Cross-Connection Control Plan 17 June 2026
City of Fortuna, California Freshwater Environmental Services SECTION 9: TRACKING AND RECORD MANAGEMENT
State Requirements:
(9) maintaining a tracking system with current and relevant information, including:
(A) recordkeeping information required pursuant to CCCPH section 3.5.1, (B) location and type of each BPA,
(C) location and type of each non-testable backflow preventer used for internal protection in accordance with the California Plumbing Code, if applicable, and
(D) potential hazard from which a BPA is protecting the public water system distribution system;
(a) Each PWS must maintain the following records:
(1) The two most recent hazard assessments for each user premise, conducted pursuant to CCCPH section 3.2.1 (Hazard Assessment); (2) for each BPA, the associated hazard or application, location, owner, type, manufacturer and model, size, installation date, and serial number; (3) for each AG installation, the associated hazard or application and the location, owner, and as-built plans of the AG;
(4) results of all BPA field testing, AG inspection, and swivel-ell inspections and field tests for the previous three calendar years, including the name, test date, repair date, and certification number of the backflow prevention assembly tester for each BPA field test and AG and swivel-ell; (5) repairs made to, or replacement or relocation of, BPAs for the previous three calendar years;
(6) the most current cross-connection tests (e.g. shutdown test, dye test); (7) if a user supervisor is designated for a user premise, the current contact information for the user supervisor and water user, and any applicable training and qualifications as described by CCCPH section 3.2.2(f); (8) descriptions and follow-up actions related to all backflow incidents; (9) if any portion of the cross-connection control program is carried out under contract or agreement, a copy of the current contract or agreement; (10) the current Cross-Connection Control Plan as required in CCCPH section 3.1.4.; and
(11) any public outreach or education materials issued as required in CCCPH section 3.1.3.(a)(9) for the previous three calendar years.
This section describes record tracking and management. Fortuna has developed and maintains a backflow protection GIS database. The GIS database tracks backflow testing requirements and generates reports of past due, and soon to be due testing. The GIS database stores information on, device location, device specifics, testing history, and contact history. The database stores device photos and testing reports. Data stored regarding each backflow prevention devices includes: location, owner, type, manufacturer and model, size, installation date, serial number, the most current cross-connection test, and the potential hazard from which a BPA is protecting the public water system distribution system.
2026 Cross-Connection Control Plan 18 June 2026
City of Fortuna, California Freshwater Environmental Services Fortuna will maintain a file for each backflow incident including descriptions and follow-up actions. The City will maintain a copy of their most recent Cross-Connection Control Plan and copies of public outreach and educational materials. 2026 Cross-Connection Control Plan 19 June 2026
City of Fortuna, California Freshwater Environmental Services SECTION 10: USER SUPERVISOR
State Requirements:
The State Water Board and PWS may, at their discretion, require a water user to designate a user supervisor when the user premises has a multi-piping system that conveys various types of fluids and where changes in the piping system are frequently made. If a user supervisor is designated the following is required:
(1)The user supervisor is responsible for the avoidance of crossconnections during the installation, operation and maintenance of the water user’s pipelines and equipment. The user supervisor must be trained on the fluids used and backflow protection for the premise, and must inform the PWS of changes in piping and maintain current contact information on file with the PWS; and(2)The PWS must include in the Cross-Connection Control Plan required in CCCPH section 3.1.4 the training and qualification requirements for user supervisors, identify the entity that will provide the user supervisor training, and frequency of any necessary recurring training. The training must adequately address the types of hazards and concerns typically found.
Fortuna does not currently require water users to designate a user supervisor, but the City reserves the authority to require a User Supervisor designation where warranted by hazard complexity.
2026 Cross-Connection Control Plan 20 June 2026
City of Fortuna, California Freshwater Environmental Services SECTION 11: CORRECTIVE ACTIONS AND TIMEFRAMES
State Requirements:
(11) the corrective actions, including timeframes for the corrective actions, that a community water system will implement when:
(A) a cross-connection exists and the BPA installed is not commensurate with the user premises’ hazard or no BPA has been installed, or (B) a BPA needs to be replaced or maintained;
The table below includes the corrective actions and timeframes for specific instances of non-compliance:
Specific Non-Compliance Corrective Actions Timeframes
BPA installed is not
commensurate with the
user premises’ hazard
-Notice to install letter
-Notice to disconnect
certified letter
30 days to install
15-days to disconnection
A cross-connection exists
and no BPA has been
installed.
-Notice to install letter
-Notice to disconnect
certified letter
30 days to install
15-days to disconnection
Failed field test, and or,
BPA needs to be replaced
or maintained.
-Notice to replace or
maintain letter
-Notice to disconnect
certified letter
30 days to replace or
maintain
15 days to disconnection
2026 Cross-Connection Control Plan 21 June 2026
City of Fortuna, California Freshwater Environmental Services SECTION 12: PUBLIC OUTREACH AND EDUCATION
PROGRAM
State Requirements:
The PWS must implement a cross-connection control public outreach and education program element that includes educating staff, customers, and the community about backflow protection and cross-connection control. The PWS may implement this requirement through a variety of methods which may include providing information on cross-connection control and backflow protection in periodic water bill inserts, pamphlet distribution, new customer documentation, email, and consumer confidence reports.
The City has several methods for communicating with the public . The following methods have been identified as alternatives that would be effective as part of the City’s Communication Plan.
• City Website – The City will evaluate the use of a webpage on the City’s existing website to facilitate the transfer of information to the public regarding backflow prevention.
• Monthly Water Billing –The City could provide notices in monthly water bills that also refer the customers to the City website for additional details, • City Council Meetings – City council meetings are public meetings and televised on a local broadcast station. General backflow prevention topics could be added as a discussion item on the City Council agenda.
• Consumer Confidence Report – City could provide information regarding backflow prevention and refer the customers to the City website for additional details.
APPENDIX A
CROSS-CONNECTION CONTROL POLICY HANDBOOK STANDARDS AND PRINCIPLES FOR CALIFORNIA’S PUBLIC WATER SYSTEMS, 2024
State Water Resources Control Board
Cross-Connection Control
Policy Handbook
Standards and Principles for California’s
Public Water Systems
Adopted: December 19, 2023
Effective: July 1, 2024
California Environmental Protection Agency
i
Table of Contents
Acronyms and Abbreviations ........................................................................................................1 Chapter 1 – Policy Overview.........................................................................................................2
1.1 Objective .............................................................................................................................2
1.2 Applicability .........................................................................................................................2
1.3 Policy Development Background and Legal Authorities......................................................2
1.3.1 California Safe Drinking Water Act ...............................................................................2 Chapter 2 – Background on Backflow Protection and Cross-Connection Control ........................6
2.1 What is a Cross-Connection?..............................................................................................6
2.2 Purpose of a Cross-Connection Control Program...............................................................7
2.3 Notes on Applicability of the Cross-Connection Control Policy Handbook..........................7 Chapter 3 – Standards for Backflow Protection and Cross-Connection Control.........................10 Article 1 – Definitions and General Requirements ..................................................................10
3.1.1 Definitions ...................................................................................................................10
3.1.2 Applicability.................................................................................................................14
3.1.3 Program for Public Water System Cross-Connection Control ....................................14
3.1.4 Plan for Public Water System Cross-Connection Control...........................................16 Article 2 – Hazard Assessments and Required Protection......................................................19
3.2.1 Hazard Assessments..................................................................................................19
3.2.2 Backflow Protection Required.....................................................................................20 Article 3 – Backflow Prevention Assemblies ...........................................................................23
3.3.1 Standards for Types of Backflow Protection...............................................................23
3.3.2 Installation Criteria for Backflow Protection ................................................................23
3.3.3 Field Testing and Repair of Backflow Prevention Assemblies and Air Gap Inspection .............................................................................................................................................24 Article 4 – Backflow Prevention Assembly Testers and Cross-Connection Control Specialists ................................................................................................................................................26
3.4.1 Backflow Prevention Assembly Tester Certification ...................................................26
3.4.2 Cross-Connection Control Specialist Certification ......................................................30 Article 5 – Recordkeeping, Backflow Incident Response, and Notification .............................33
3.5.1 Recordkeeping............................................................................................................33
3.5.2 Backflow Incident Response Procedure .....................................................................33
3.5.3 Backflow Incident Notification .....................................................................................34 Appendix .....................................................................................................................................36 ii
Appendix
Appendix A: Assembly Bills 1671 (2017, Chapter 533) and 1180 (2019, Chapter 455) Appendix B: ASME A112.1.2-2012(R2017) Table 1, Minimum Air Gaps for Generally used Plumbing Fixtures, page 4
Appendix C: Backflow Prevention Assembly Diagrams
Appendix D: High Hazard Premises
Appendix E: General Range of Knowledge for Cross-Connection Control Specialists Appendix F: Example Backflow Incident Reporting Form
Appendix G: Related Statutes and Regulations
1 Acronyms and Abbreviations
As used in this policy, acronyms and abbreviations reference the following:
Acronym or Abbreviation Meaning
AB Assembly Bill
AG Air Gap separation
BAT Best Available Technology
BPA Backflow Prevention Assembly
Bus. & Prof. Code Business and Professional Code
CA California
CBSC California Building Standards Commission
CCCPH Cross-Connection Control Policy Handbook
CCR California Code of Regulations
C.F.R. Code of Federal Regulations
CHSC California Health and Safety Code
Civ. Code Civil Code
DC Double Check valve backflow prevention assembly
DCDA Double Check Detector backflow prevention Assembly DCDA-II Double Check Detector backflow prevention Assembly – type II
Division Division of Drinking Water
EPA Environmental Protection Agency
Gov. Code Government Code
MCL Maximum Contaminant Level
Pen. Code Penal Code
PVB Pressure Vacuum Breaker backsiphonage prevention
assembly
PWS Public Water System
RP Reduced Pressure principle backflow prevention
assembly
RPDA Reduced Pressure principle Detector backflow
prevention Assembly
RPDA-II Reduced Pressure principle Detector backflow
prevention Assembly – type II
RW Recycled Water
SB Senate Bill
SDWA Safe Drinking Water Act
State Water Board State Water Resources Control Board
SVB Spill-resistant Pressure Vacuum Breaker backsiphonage prevention assembly
U.S. United States
2 Chapter 1 – Policy Overview
1.1 Objective
The primary objective of the Cross-Connection Control Policy Handbook (CCCPH) is the protection of public health through the establishment of standards intended to ensure a public water system’s (PWS) drinking water distribution system will not be subject to the backflow of liquids, gases, or other substances. In addition, by providing basic educational information on backflow prevention, the State Water Resources Control Board (State Water Board) intends to build a foundation of awareness within the regulated community regarding the importance of backflow protection and crossconnection control, leading to the implementation of a robust cross-connection control program for PWSs.
1.2 Applicability
The CCCPH and its standards apply to all California PWSs, as defined in California’s Health and Safety Code (CHSC, section 116275 (h)). Compliance with this CCCPH is mandatory for all California PWSs.
1.3 Policy Development Background and Legal Authorities Through the adoption of the CCCPH, the State Water Board is exercising its authority, under California’s Safe Drinking Water Act1(SDWA), to establish enforceable standards applicable to California’s PWSs. Failure to comply with the CCCPH may result in the issuance of compliance, enforcement, or other corrective actions against a PWS.
1.3.1 California Safe Drinking Water Act
On October 6, 2017, Assembly Bill 1671 (AB 1671) was approved and filed with the Secretary of State (see Appendix A). AB 1671 amended California’s SDWA through the establishment of CHSC sections 116407 and 116555.5. AB 1671 also amended section 116810 of the CHSC, which is briefly discussed in Appendix G.
On October 2, 2019, Assembly Bill 1180 (AB 1180) was approved and filed with the Secretary of State. AB 1180 amended Section 116407 of the CHSC and added section 13521.2 to the Water Code. AB 1180 requires that the CCCPH include provisions for the use of a swivel or changeover device (swivel-ell).
1 CHSC, div. 104, pt. 12, ch. 4, section 116270 et seq. 3 AB 1671 and 1180 established the following:
· The State Water Board must adopt standards for backflow protection and crossconnection control by January 1, 2020. · The State Water Board may establish standards for backflow protection and cross-connection control through the adoption of the CCCPH, with the CCCPH not being subject to the requirements of the CA Administrative Procedure Act. 2 · If standards for backflow protection and cross-connection control are established via the CCCPH, the State Water Board must:
o Consult with state and local agencies and persons, identified by the State Water Board, as having expertise on the subject of backflow protection and cross-connection control.
o Hold at least two public hearings before adoption of the CCCPH. o Post the CCCPH on the State Water Board website.
· Upon the effective date of the CCCPH, the previous cross-connection control standards3 become inoperative, and are repealed 90 days later, unless the State Water Board determines not to repeal a specific existing regulation. · A PWS must implement a cross-connection control program that complies with the standards adopted by the State Water Board.
· Use of a swivel-ell must be consistent with any notification and backflow protection provisions contained in the CCCPH.
The development of the CCCPH included consultation with stakeholders, including state and local agencies, on an array of subjects related to cross-connection control, consistent with the statutory mandate, as well as consideration of input from other stakeholders and the general public in a February 20, 2020 workshop.
Prior to adoption of the CCCPH, in accordance with the statutory mandate, the State Water Board held two public hearings - one on April 27, 2021, and the other on December 5, 2022. A Board Workshop was held on October 18, 2023.
Pursuant to sections 116407 and 116555.5 of the CHSC, the State Water Board chose to adopt standards for backflow protection and cross-connection control through the adoption of this CCCPH, which became effective July 1, 2024.
Aside from the mandates of AB 1671 related to the State Water Board’s need and authority to develop and adopt an enforceable CCCPH, there are long-standing statutory mandates in California’s SDWA concerning backflow protection and crossconnection control, some of which are summarized below. 2 Gov. Code, tit. 2, div. 3, pt. 1, ch. 3.5, section 11340 et seq. 3 Cal. Code Regs., tit. 17, div. 1, ch. 5, subch. 1, grp. 4, arts. 1 & 2, section 7583 et seq. 4 · The State Water Board is required to adopt regulations for the control of crossconnections that it determines to be necessary for ensuring PWSs “distribute a reliable and adequate supply of pure, wholesome, potable, and healthy water.” (CHSC section 116375, subd. (c).)
· Any person who owns a PWS is required to ensure that the distribution system will not be subject to backflow under normal operating conditions. (CHSC section 116555, subd. (a)(2).)
Prior to AB 1671 and the adoption of this CCCPH, California’s regulations pertaining to cross-connection control were set forth in regulations in CCR Title 17, 4 which were
adopted in 1987 with minor revisions in 2000. Although still protective to public health, the CCR Title 17 cross-connection regulations required updating as both the drinking water and cross-connection control industries had evolved. This CCCPH updates those regulations, which as previously noted are no longer operative following the adoption of the CCCPH.
The State Water Board may update its standards for backflow protection and crossconnection control through revisions of the CCCPH. Prior to adopting substantive revisions to the CCCPH, the State Water Board will consult with state and local agencies and persons identified as having expertise on the subject by the State Water Board, and the State Water Board will hold at least one public hearing to consider public comments.
4 Cal. Code Regs., tit. 17, div. 1, ch. 5, subch. 1, grp. 4, arts. 1 & 2, section 7583 et seq. 5 This page intentionally left blank
6 Chapter 2 – Background on Backflow Protection
and Cross-Connection Control
2.1 What is a Cross-Connection?
A cross-connection is an interconnection between a potable water supply and a nonpotable source via any actual or potential connection or structural arrangement between a PWS and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. Bypass arrangements, jumper connections, removable sections, improperly installed swivel or change-over devices and other temporary or permanent devices through which, or because of which backflow can occur are considered to be cross-connections.
5 The CCCPH includes acceptable
installation criteria for swivel-ell and other types of backflow prevention assemblies (BPAs) to prevent backflow.
Backflow is the undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into a PWS’s distribution system or approved water supply.
The presence of a cross-connection represents a location in a distribution system through which backflow of contaminants or pollutants can occur. Backflow occurs when a non-potable source is at a greater pressure than the potable water distribution system.
Backflow can occur from either backsiphonage or backpressure. Backsiphonage occurs when a non-potable source enters the drinking water supply due to negative (i.e., sub-atmospheric) distribution system pressure. Backpressure occurs when the pressure from a non-potable source exceeds the pressure in the potable water distribution system.
Backsiphonage may be caused by a variety of circumstances, such as main breaks, flushing, pump failure, or emergency firefighting water demand. Backpressure may occur when heating, cooling, waste disposal, or industrial manufacturing systems are connected to potable supplies and the pressure in the external system exceeds the pressure in the distribution system. Both situations act to change the direction of water, which normally flows from the distribution system to the customer, so that non-potable substances from industrial, commercial, or residential premises flows back into the distribution system through a cross-connection.
Cross-connections are not limited to industrial or commercial facilities. Submerged inlets are found on many common plumbing fixtures and are sometimes necessary features of the fixtures if they are to function properly. Examples of this type of design are siphon-jet urinals or water closets, flushing rim slop sinks, and dental cuspidors. 5 California Department of Health Services (DHS), Public Water Supply Branch. (1988). Guidance Manual for cross connection Control Program (Green Manual). California Department of Health Services. 7 Older bathtubs and lavatories may have supply inlets below the flood level rims, but modern sanitary design has minimized or eliminated this cross-connection in new fixtures. Chemical and industrial process vats sometimes have submerged inlets where the water pressure is used as an aid in diffusion, dispersion and agitation of the vat contents. Even though a supply pipe may be installed above a vat, backsiphonage can still occur. Siphon action has been shown to raise a liquid in a pipe such as water almost 34 feet. Some submerged inlets are difficult to control, including those which are not apparent until a significant change in water level occurs or where a supply may be conveniently extended below the liquid surface by means of a hose or auxiliary piping. A submerged inlet may be created in numerous ways, and its detection may be difficult.
Chemical and biological contaminants have caused illness and deaths during known incidents of backflow, with contamination affecting several service connections, and the number of incidents reported is believed to be a small percentage of the total number of backflow incidents that actually occur. The public health risk from cross-connections and backflow is a function of a variety of factors including cross-connection and backflow occurrence and type and amount of contaminants.
2.2 Purpose of a Cross-Connection Control Program
The purpose of a cross-connection control program is to prevent the occurrence of backflow into a PWS’s distribution system in order to protect customers from contamination or pollution from any on-site hazards. Properly installed and maintained BPAs, devices or methods provide protection against the threat posed by many conditions typically found on a user’s premise.
The use of approved BPAs ensures that the appropriate performance evaluation of the assembly was conducted. It is important and required by the CCCPH to select and properly install an approved BPA that is capable of protecting the distribution system from the hazard identified. The success of a program depends on individuals that are knowledgeable about cross-connection control to identify actual and potential hazards, apply principles of backflow protection and prevention, and implement cross-connection control policies and procedures. A successful program will have ongoing surveillance of a PWS to ensure BPAs, devices or methods are working, and identify new hazards or changes in the distribution system. Certified specialists are needed to properly evaluate the degree of hazard that exists in the distribution system. Hazards typically identified in distribution systems along with the required level of protection are specified in Chapter 3 of the CCCPH.
2.3 Notes on Applicability of the Cross-Connection Control Policy Handbook
The CCCPH provides the basis for regulating the use and management of crossconnection control programs and BPAs in PWSs, and related requirements for supporting programs and policies. Activities or uses outside of the scope of the 8 authority of the State Water Board to regulate PWSs are not regulated by the CCCPH, including California Plumbing Code requirements and definitions not related to PWSs.
Recycled water cross-connection control installations and programs for the purposes of protecting the recycled water supply are not regulated by the CCCPH, although a PWS that uses recycled water is regulated by the CCCPH to ensure that a PWS’s drinking water system has adequate backflow protection from a recycled water system.
Water systems that do not meet the definition of a PWS (e.g. “State Small Water Systems” under CCR Title 22, Article 3) are not regulated by the CCCPH, although they may need to comply with the California Plumbing Code, local health agencies, and other laws or entities.
Transient noncommunity and nontransient noncommunity systems are PWSs and must comply with both the California Plumbing Code and CCCPH. The California Plumbing Code and the CCCPH will overlap in protection of these user premises. To ensure compliance, these noncommunity water systems may need to have internal crossconnection control programs within the user premises.
Noncommunity water systems must have the ability to enforce backflow protection within the premises. Compliance with the California Plumbing Code can be verified by the PWS and used for compliance with the CCCPH. Compliance with the CCCPH is documented through the hazard assessment and maintenance of an inventory of fieldtestable BPAs and methods. Annual field testing of BPAs is required. Where the minimum backflow protection differs between the California Plumbing Code and the CCCPH, the more protective minimum protection will be required. 9 This page intentionally left blank
10 Chapter 3 – Standards for Backflow Protection
and Cross-Connection Control
Article 1 – Definitions and General Requirements
3.1.1 Definitions
The following definitions apply to the terms used in the CCCPH:
“Air-gap separation” or “AG” means a physical vertical separation of at least two (2) times the effective pipe diameter between the free-flowing discharge end of a potable water supply pipeline and the flood level of an open or non-pressurized receiving vessel, and in no case less than one (1) inch.
“Approved water supply” means a water source that has been approved by the State Water Board for domestic use in a public water system and designated as such in a domestic water supply permit issued pursuant to section 116525 of the CHSC. “Auxiliary water supply” means a source of water, other than an approved water supply, that is either used or equipped, or can be equipped, to be used as a water supply and is located on the premises of, or available to, a water user. “Backflow” means an undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into a public water system’s distribution system or approved water supply.
“Backflow prevention assembly” or “BPA” means a mechanical assembly designed and constructed to prevent backflow, such that while in-line it can be maintained and its ability to prevent backflow, as designed, can be field tested, inspected and evaluated.
“Backflow prevention assembly tester” means a person who is certified as a backflow prevention assembly tester.
“Community water system” means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system.
“Contact hour” means not less than 50 minutes of a continuing education course. “Continuing education course” means a presentation or training that transmits information related to cross-connection control programs and backflow prevention and protection.
11 “Cross-connection” means any actual or potential connection or structural arrangement between a public water system, including a piping system connected to the public water system and located on the premises of a water user or available to the water user, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply.
“Cross-connection control specialist” means a person who is certified as a crossconnection control specialist. “Distribution system” has the same meaning as defined in section 63750.50 of CCR, Title 22, Division 4, Chapter 2.
“Double check detector backflow prevention assembly” or “DCDA” means a double check valve backflow prevention assembly that includes a bypass with a water meter and double check backflow prevention assembly, with the bypass’s water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. This type of assembly may only be used to isolate low hazard cross-connections. See Diagram 1, Appendix C.
“Double check detector backflow prevention assembly – type II” or “DCDA-II” means a double check valve backflow prevention assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. This type of assembly may only be used to isolate low hazard cross-connections. See Diagram 2, Appendix C. “Double check valve backflow prevention assembly” or “DC” means an assembly consisting of two independently-acting internally-loaded check valves, with tightly closing shut-off valves located at each end of the assembly (upstream and downstream of the two check valves) and fitted with test cocks that enable accurate field testing of the assembly. This type of assembly may only be used to isolate low hazard crossconnections. See Diagram 3, Appendix C. “Existing public water system” or “existing PWS” means a public water system initially permitted on or before July 1, 2024 as a public water system by the State Water Board.
“Hazard Assessment” means an evaluation of a user premises designed to evaluate the types and degrees of hazard at a user’s premises. “High hazard cross-connection” means a cross-connection that poses a threat to the potability or safety of the public water supply. Materials entering the public water supply through a high hazard cross-connection are contaminants or health hazards.
See Appendix D for some examples.
12 “Low hazard cross-connection” means a cross-connection that has been found to not pose a threat to the potability or safety of the public water supply but may adversely affect the aesthetic quality of the potable water supply. Materials entering the public water supply through a low hazard cross-connection are pollutants or non-health hazards.
“New public water system” or “new PWS” means a public water system permitted after July 1, 2024 as a public water system by the State Water Board. A new public water system includes a public water system receiving a new permit because of a change in ownership.
“Noncommunity water system” means a public water system that is not a community water system.
“Nontransient noncommunity water system” means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year.
“Premises containment” means protection of a public water system’s distribution system from backflow from a user’s premises through the installation of one or more air gaps or BPAs, installed as close as practical to the user’s service connection, in a manner that isolates the water user’s water supply from the public water system’s distribution system.
“Pressure vacuum breaker backsiphonage prevention assembly” or “PVB” means an assembly with an independently-acting internally-loaded check valve and an independently-acting loaded air inlet valve located on the discharge side of the check valve; with test cocks and tightly closing shutoff valves located at each end of the assembly that enable accurate field testing of the assembly. This type of assembly may only be used for protection from backsiphonage and is not to be used to protect from backpressure. See Diagram 4, Appendix C.
“Public water system” or “PWS” has the same meaning as defined in section 116275(h) of the CHSC.
“Recycled Water" is a wastewater which as a result of treatment is suitable for uses other than potable use.
“Reduced pressure principle backflow prevention assembly” or “RP” means an assembly with two independently acting internally-loaded check valves, with a hydraulically operating mechanically independent differential-pressure relief valve located between the check valves and below the upstream check valve. The assembly shall have shut-off valves located upstream and downstream of the two check-valves, and test cocks to enable accurate field testing of the assembly. See Diagram 5, Appendix C.
13 “Reduced pressure principle detector backflow prevention assembly” or “RPDA” means a reduced pressure principle backflow prevention assembly that includes a bypass with a water meter and reduced pressure principle backflow prevention assembly, with the bypass’s water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. See Diagram 6, Appendix C.
“Reduced pressure principle detector backflow prevention assembly – type II” or “RPDA-II” means a reduced pressure principle backflow prevention assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. See Diagram 7, Appendix C. “Spill-resistant pressure vacuum breaker backsiphonage prevention assembly” or “SVB” means an assembly with an independently-acting internally-loaded check valve and an independently-acting loaded air inlet valve located on the discharge side of the check valve; with shutoff valves at each end and a test cock and bleed/vent port, to enable accurate field testing of the assembly. This type of assembly may only be used for protection from backsiphonage and is not to be used to protect from backpressure. See Diagram 8, Appendix C.
“State Water Board”, unless otherwise specified, means the State Water Resources Control Board or the local primacy agency having been delegated the authority to enforce the requirements of the CCCPH by the State Water Resources Control Board. “Swivel-Ell” means a reduced pressure principle backflow prevention assembly combined with a changeover piping configuration (swivel-ell connection) designed and constructed pursuant to this Chapter. See design and construction criteria, as well as Diagrams 9a and 9b, Appendix C.
“Transient noncommunity water system” means a noncommunity water system that does not regularly serve at least 25 of the same persons over six months per year. “User premises” means the property under the ownership or control of a water user and is served, or is readily capable of being served, with water via a service connection with a public water system.
“User’s service connection” means either the point where a water user’s piping is connected to a water system or the point in a water system where the approved water supply can be protected from backflow using an air gap or backflow prevention assembly.
“User Supervisor” means a person designated by a water user to oversee a water use site and responsible for the avoidance of cross-connections. 14 “Water supplier” means a person who owns or operates a public water system. “Water user” means a person or entity who is authorized by the PWS to receive water.
3.1.2 Applicability
A public water system (PWS) must comply with the requirements of the CCCPH.
3.1.3 Program for Public Water System Cross-Connection Control (a) A PWS must protect the public water supply through implementation and enforcement of a cross-connection control program. Unless otherwise specified by this Chapter or directed by the State Water Board, a PWS may implement its crossconnection control program, in whole or in part, either directly or by way of contract or agreement with another party. The PWS, however, shall not be responsible for abatement of cross-connections which may exist within a user's premises. The crossconnection control program must include at a minimum the following elements:
(1) Operating rules or ordinances – Each PWS must have operating rules, ordinances, by-laws or a resolution to implement the cross-connection program.
The PWS must have legal authority to implement corrective actions in the event a water user fails to comply in a timely manner with the PWS’s provisions regarding the installation, inspection, field testing, or maintenance of BPAs required pursuant to this Chapter. Such corrective actions must include the PWS’s ability to perform at least one of the following:
(A) deny or discontinue water service to a water user,
(B) install, inspect, field test, and/or maintain a BPA at a water user’s premises, or
(C) otherwise address in a timely manner a failure to comply with the cross-connection control program.
(2) Cross-Connection Control Program Coordinator – The PWS must designate at least one individual involved in the development of and be responsible for the reporting, tracking, and other administration duties of its cross-connection control program. For PWS with more than 3,000 service connections the Cross-Connection Control Program Coordinator must be a cross-connection control specialist.
(3) Hazard Assessments – The PWS must survey its service area and conduct hazard assessments per Article 2 of this Chapter that identifies actual or potential cross-connection hazards, degree of hazard, and any backflow protection needed.
(4) Backflow Prevention – The PWS must ensure that actual and potential cross-connections are eliminated when possible or controlled by the installation of approved BPAs or AG’s consistent with the requirements of the Article 3 of this Chapter.
15 (5) Certified Backflow Prevention Assembly Testers and Certified CrossConnection Control Specialists – The PWS must ensure all BPA testers and cross-connection control specialists used are certified per Article 4 of this Chapter.
(6) Backflow Prevention Assembly Testing – The PWS must develop and implement a procedure for ensuring all BPAs are field tested, inspected, and maintained and AG’s are inspected and maintained in accordance with CCCPH section 3.3.3.
(7) Recordkeeping – The PWS must develop and implement a recordkeeping system in accordance with CCCPH section 3.5.1.
(8) Backflow Incident Response, Reporting and Notification – The PWS must develop and implement procedures for investigating and responding to suspected or actual backflow incidents in accordance with Article 5 of this chapter.
(9) Public Outreach and Education – The PWS must implement a crossconnection control public outreach and education program element that includes educating staff, customers, and the community about backflow protection and cross-connection control. The PWS may implement this requirement through a variety of methods which may include providing information on cross-connection control and backflow protection in periodic water bill inserts, pamphlet distribution, new customer documentation, email, and consumer confidence reports.
(10) Local Entity Coordination – The PWS must coordinate with applicable local entities that are involved in either cross-connection control or public health protection to ensure hazard assessments can be performed, appropriate backflow protection is provided, and provide assistance in the investigation of backflow incidents. Local entities may include but are not limited to plumbing, permitting, or health officials, law enforcement, fire departments, maintenance, and public and private entities.
(b) The cross-connection control program must be developed in consultation with a cross-connection control specialist if:
(1) The PWS has 1,000 or more service connections, or
(2) required by the State Water Board.
(c) A PWS must have at least one cross-connection control specialist as a permanent or contracted employee of the PWS, and that specialist, or their designee, must be able to be contacted within one hour, if:
(1) The PWS has 3,000 or more service connections, or
(2) the PWS has less than 3,000 service connections and is directed by the State Water Board based on hazard assessments conducted pursuant to CCCPH section 3.2.1. or the PWS’s history of backflow incidents. 16 3.1.4 Plan for Public Water System Cross-Connection Control (a) After adoption of the CCCPH, each PWS must submit a written Cross-Connection Control Plan for State Water Board review in accordance with the following schedule:
(1) An Existing PWS must submit the Cross-Connection Control Plan no later than 12 months after the effective date of the CCCPH.
(2) A new PWS must submit the Cross-Connection Control Plan for review and approval prior to issuance of a domestic water supply permit. (3) A PWS may submit a written request to the State Water Board for an extension of the deadline for submittal of its initial Cross-Connection Control Plan. The PWS’s application must include a written description of the need for an extension. Approval of an extension will be at the sole discretion of the State Water Board.
(b) The Cross-Connection Control Plan for a community water system must include, at a minimum, the following cross-connection control program procedures and documentation:
(1) a description of how the community water system will achieve and maintain compliance with each requirement in this Chapter;
(2) a description of the process, personnel, and timeframes for completing initial and ongoing hazard assessments pursuant to CCCPH section 3.2.1; (3) a description of the legal authority pursuant to CCCPH section 3.1.3 to implement corrective actions in the event a water user fails to comply in a timely manner with the provisions of the PWS’s cross-connection control program; (4) a description of the process and timeframes for ensuring each BPA is inspected and field tested, and AG is inspected, at a frequency no less than required by this Chapter;
(5) a description of the process and timeframe for ensuring each non-testable backflow preventer that is under the PWS ownership or administration is installed and maintained according to the California Plumbing Code; (6) a description of the process for ensuring individuals field testing and inspecting BPAs are no less qualified than required by this Chapter, including but not limited to confirmation of the individual’s:
(A) certification as a backflow prevention assembly tester, (B) field test kit or gage equipment accuracy verification, and (C) BPA field test result reports;
(7) a description of the procedures and timeframes of activities for responding to backflow incidents, including notification of customers, and reporting of backflow incidents pursuant to CCCPH section 3.5.2;
(8) contact information for cross-connection control personnel including any cross-connection control program coordinator and specialist; (9) a description of the tracking system that maintains current and relevant information, including:
17 (A) recordkeeping information required pursuant to CCCPH section 3.5.1, (B) location and type of each BPA, and
(C) highest threat potential hazard from which a given BPA is protecting the public water system distribution system;
(10) for user supervisors, if used, the required information pursuant to CCCPH section 3.2.2 (f);
(11) the corrective actions, including timeframes for the corrective actions, that a community water system will implement when:
(A) a cross-connection exists and the BPA installed is not commensurate with the user premises’ hazard or no BPA has been installed, or (B) a BPA needs to be replaced or maintained;
(12) a description of the public outreach and education program to comply with CCCPH section 3.1.3(a)(9); and
(13) the procedures for coordination with local entities (c) The Cross-Connection Control Plan for a noncommunity water system must include, at a minimum, the following cross-connection control program procedures and documentation:
(1) a description of how the noncommunity water system will achieve and maintain compliance with each requirement in this Chapter that is applicable to the noncommunity water system;
(2) a description of the process, personnel, and timeframes for completing initial and ongoing hazard assessments pursuant to CCCPH section 3.2.1; (3) a description of the legal authority pursuant to CCCPH section 3.1.3 to implement corrective actions in the event a water user fails to comply in a timely manner with the provisions of the PWS’s cross-connection control program; (4) a description of the process and timeframes for ensuring each BPA is inspected and field tested and AG is inspected, at a frequency no less than required by this Chapter;
(5) a description of the process and timeframe for ensuring each non-testable backflow preventer for internal protection that is under the PWS ownership or administration is installed and maintained according to the California Plumbing Code;
(6) a description of the process for ensuring individuals field testing and inspecting BPAs are no less qualified than required by this Chapter, including but not limited to confirmation of the individual’s:
(A) certification as a backflow prevention assembly tester, (B) field test kit or gage equipment accuracy verification, and (C) BPA field test result reports;
18 (7) a description of the procedures and timeframes of activities for responding to backflow incidents, including notification of customers, and reporting of backflow incidents pursuant to CCCPH section 3.5.2;
(8) contact information for cross-connection control personnel including the cross-connection control program coordinator;
(9) maintaining a tracking system with current and relevant information, including:
(A) recordkeeping information required pursuant to CCCPH section 3.5.1, (B) location and type of each BPA,
(C) location and type of each non-testable backflow preventer used for internal protection in accordance with the California Plumbing Code, if applicable, and
(D) potential hazard from which a BPA is protecting the public water system distribution system;
(10) for user supervisors, if used, the required information pursuant to CCCPH section 3.2.2(f);
(11) the corrective actions, including timeframes for the corrective actions, that a noncommunity water system will implement when:
(A) a cross-connection exists and the BPA installed is not commensurate with the user premises’ hazard or no BPA has been installed, or (B) a BPA or non-testable backflow preventer needs to be replaced or maintained;
(12) a description of the public outreach and education program to comply with CCCPH section 3.1.3(a)(9); and,
(13) the procedures for coordination with local entities (e.g., local health departments with internal cross-connection control programs, building officials, plumbing officials, etc.).
(d) A PWS must ensure its Cross-Connection Control Plan is, at all times, representative of the current operation of its Cross-Connection Control program. The PWS must make its Cross-Connection Control Plan available to the State Water Board for review upon request. If a PWS makes a substantive revision to its CrossConnection Control Plan, the PWS must submit the revised Cross-Connection Control Plan to the State Water Board for review.
19 Article 2 – Hazard Assessments and Required Protection
3.2.1 Hazard Assessments
(a) To evaluate the potential for backflow into the PWS, each community water system must conduct an initial hazard assessment of the user premises within its service area and each noncommunity water system must conduct an initial hazard assessment of its water distribution system. The hazard assessment must consider:
(1) The existence of cross-connections;
(2) the type and use of materials handled and present, or likely to be, on the user premises;
(3) the degree of piping system complexity and accessibility; (4) access to auxiliary water supplies, pumping systems, or pressure systems; (5) distribution system conditions that increase the likelihood of a backflow event (e.g., hydraulic gradient differences impacted by main breaks and high waterdemand situations, multiple service connections that may result in flow-through conditions, etc.);
(6) user premises accessibility;
(7) any previous backflow incidents on the user premises; and (8) the requirements and information provided in the CCCPH. (b) Each hazard assessment must identify the degree of hazard to the PWS’s distribution system as either a high hazard cross-connection, a low hazard crossconnection, or having no hazard. Examples of some high hazard cross-connection activities may be found in Appendix D.
(c) The hazard assessment must determine whether an existing BPA, if any, provides adequate protection based on the degree of hazard.
(d) Hazard assessments completed prior to the adoption of the CCCPH may be considered as an initial hazard assessment provided that such hazard assessments and associated backflow protection provide protection consistent with the CCCPH and the PWS describes their review of these assessments in the Cross-Connection Control Plan required in CCCPH section 3.1.4.
(e) Subsequent to the initial hazard assessment described in subsection (a), a community water system must perform a hazard assessment under the following criteria:
(1) if a user premises changes account holder, excluding single-family residences;
(2) if a user premises is newly or re-connected to the PWS; (3) if evidence exists of changes in the activities or materials on a user’s premises;
(4) if backflow from a user’s premises occurs;
(5) periodically, as identified in the PWS’s Cross-Connection Control Plan required pursuant to CCCPH section 3.1.4.;
20 (6) if the State Water Board requests a hazard assessment of a user’s premises; and
(7) if the PWS concludes an existing hazard assessment may no longer accurately represent the degree of hazard.
(f) Noncommunity water systems must conduct an initial or follow-up hazard assessment within two years of the adoption of the CCCPH. (g) Noncommunity water system must conduct a follow-up hazard assessment of its water distribution system if any changes are made that could result in a crossconnection or any backflow incidents occur. (h) A cross-connection control specialist must review or conduct each initial and followup hazard assessment pursuant to this section and make a written finding that, in the specialist’s judgment based on cross-connection control principles, the PWS’s hazard assessment properly identified all hazards at the time of the assessment, the appropriate degree of hazards, and the corresponding backflow protection.
3.2.2 Backflow Protection Required
(a) A PWS must ensure its distribution system is protected from backflow from identified hazards through the proper installation, continued operation, and field testing of an approved BPA (see Article 3 for installation and approved BPA criteria). When a DC is required or referenced in the CCCPH, a DCDA or DCDA-II type of assembly may be substituted if appropriate. When an RP is required or referenced in the CCCPH, an RPDA or RPDA-II type of assembly may be substituted if appropriate. (b) The BPA installed must be no less protective than that which is commensurate with the degree of hazard at a user premises, as specified in this Chapter and as determined based on the results of the hazard assessment conducted pursuant to CCCPH section
3.2.1. (c) Unless specified otherwise in this Chapter, a PWS must, at all times, protect its distribution system from high hazard cross-connections (see Appendix D for examples), through premises containment, through the use of AG(s) or RP(s). (1) Following State Water Board review and approval, a PWS may implement an alternate method of premises containment in lieu of a required AG provided that the proposed alternative would not increase the level of risk to protection of public health.
(2) Following State Water Board review and approval, a PWS may accept internal protection in lieu of containment when premises containment is not feasible.
21 (d) Except as otherwise allowed or prohibited in statute or in CCR Title 22, Division 4, Chapter 3, a swivel-ell may be used instead of an AG for premises containment protection when temporarily substituting tertiary recycled water use areas with potable water from a PWS if all the following criteria are met:
(1) the swivel-ell is approved by the State Water Board; (2) the PWS has a cross-connection control program, required pursuant to CCCPH section 3.1.3, and the use and operation of the swivel-ell is described in the Cross-Connection Control Plan required pursuant to CCCPH section 3.1.4; (3) the design and construction-related requirements of the swivel-ell adheres to the criteria in Appendix C;
(4) at least every 12 months, inspections are performed and documented to confirm ongoing compliance with the design and construction-related requirements in Appendix C;
(5) the RP used in conjunction with the swivel-ell is field tested and found to be functioning properly:
(A) immediately upon each switchover to potable water use, a visual inspection of the RP must be completed
(B) within 72 hours of each switchover to potable water use, a field test must be completed, and
(C) at least every 12 weeks the use site is supplied with potable water; and
(6) there is a legally binding agreement between the PWS and the entity supplying the recycled water, signed by those with relevant legal authority, that includes the following requirements:
(A) The State Water Board will be notified within 24 hours of all switchovers to or from potable water, will be given an estimate of the timeframe until the next switchover, and will be provided the results of the field testing required in paragraph (5);
(B) a trained representative of the PWS be present to supervise each switchover; and
(C) within seven days of each switchover, if requested by the State Water Board, the PWS will submit a written report describing compliance with this subsection, as well as potable and recycled water usage information. (e) Except as noted below, a PWS must ensure its distribution system is protected with no less than DC protection for a user premises with a fire protection system within ten years of adoption of the CCCPH.
(1) A high hazard cross-connection fire protection system, including but not limited to fire protection systems that may utilize chemical addition (e.g., wetting agents, foam, anti-freeze, corrosion inhibitor, etc.) or an auxiliary water supply, must have no less than RP protection.
22 (2) For existing fire protection systems that do not meet Section 3.2.2 (e)(3) or cannot install DC protection within ten years of adoption of the CCCPH, a PWS may propose in the cross-connection control plan submitted for CCCPH Section
3.1.4:
(A) an alternative date; or
(B) an alternative method of backflow protection that provides at least the same level of protection to public health.
(3) A BPA is not necessary for a low hazard fire protection system on a residential user premises if the following criteria are satisfied:
(A) the user premises has only one service connection to the PWS; (B) a single service line onto the user premises exists that subsequently splits on the property for domestic flow and fire protection system flow, such that the fire protection system may be isolated from the rest of the user premises;
(C) a single, water industry standard, water meter is provided to measure combined domestic flow and fire protection system flow; (D) the fire protection system is constructed of piping materials certified as meeting NSF/ANSI Standard 61; and
(E) the fire protection system’s piping is looped within the structure and is connected to one or more routinely used fixtures (such as a water closet) to prevent stagnant water.
(f) The State Water Board and PWS may, at their discretion, require a water user to designate a user supervisor when the user premises has a multi-piping system that conveys various types of fluids and where changes in the piping system are frequently made. If a user supervisor is designated the following is required:
(1) The user supervisor is responsible for the avoidance of cross-connections during the installation, operation and maintenance of the water user’s pipelines and equipment. The user supervisor must be trained on the fluids used and backflow protection for the premise, and must inform the PWS of changes in piping, and maintain current contact information on file with the PWS; and (2) The PWS must include in the Cross-Connection Control Plan required in CCCPH section 3.1.4 the training and qualification requirements for user supervisors, identify the entity that will provide the user supervisor training, and frequency of any necessary recurring training. The training must adequately address the types of hazards and concerns typically found. (g) Facilities producing, treating, storing, or distributing drinking water that are an approved water supply or water recycling plants as defined by CCR Title 22, Section 60301.710 must have proper internal protection from cross-connections to ensure that all drinking water produced and delivered to customers and workers at those facilities is free from unprotected cross-connections.
23 Article 3 – Backflow Prevention Assemblies
3.3.1 Standards for Types of Backflow Protection
(a) The PWS must ensure that each AG used for its Cross-Connection Control Program meets the requirements in Table 1, Minimum Air Gaps for Generally used Plumbing Fixtures, page 4 of the American Society of Mechanical Engineers (ASME) A112.1.2- 2012(R2017) (See Appendix B).
(b) The PWS must ensure that each replaced or newly installed PVB, SVB, DC, and RP for protection of the PWS is approved through both laboratory and field evaluation tests performed in accordance with at least one of the following:
(1) Standards found in Chapter 10 of the Manual of Cross-Connection Control, Tenth Edition, published by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research; or
(2) certification requirements for BPAs in the Standards of ASSE International current as of 2022 that include ASSE 1015-2021 for the DC, ASSE 1048-2021 for the DCDA & DCDA-II, ASSE 1013-2021 for the RP, and ASSE 1047-2021 for the RPDA & RPDA-II and must have the 1YT mark.
(c) BPAs must not be modified following approval granted under section 3.3.1 (b). PWS must require BPA testers to notify the PWS if a water user or PWS-owned BPA has been modified from the CCCPH section 3.3.1 (b) approval.
3.3.2 Installation Criteria for Backflow Protection
(a) For AGs, the following is required:
(1) The receiving water container must be located on the water user’s premises at the water user’s service connection unless an alternate location has been approved by the PWS;
(2) all piping between the water user’s service connection and the discharge location of the receiving water container must be above finished grade and be accessible for visual inspection unless an alternative piping configuration is approved by the PWS;
(3) the PWS must ensure that the AG specified in CCCPH section 3.3.1 (a) has been installed; and
(4) any new air gap installation at a user’s service connection must be reviewed and approved by the State Water Board prior to installation. (b) RPs must be installed such that the lowest point of an assembly is a minimum of twelve inches above grade, and a maximum of thirty-six inches above the finished grade, unless an alternative is approved by the PWS.
(c) DCs installed or replaced after the adoption of the CCCPH must be installed according to CCCPH section 3.3.2 (b). Below ground installation can be considered if approved by the PWS where it determines no alternative options are available. 24 (d) A PVB or SVB must be installed a minimum of twelve inches above all downstream piping and outlets.
(e) SVBs may not be used for premises containment. PVBs may only be used for roadway right of way irrigation systems as premises containment where there is no potential for backpressure.
(f) A RP or DC installed after the adoption of the CCCPH must have a minimum side clearance of twelve inches, except that a minimum side clearance of twenty-four inches must be provided on the side of the assembly that contains the test cocks. The PWS may approve alternate clearances providing that there is adequate clearance for field testing and maintenance.
(g) Backflow protection must be located as close as practical to the water user’s service connection unless one or more alternative locations have been approved by the PWS.
If internal protection is provided in lieu of premises containment, the PWS must obtain access to the user premises and must ensure that the on-site protection meets the requirements of this Chapter for installation, field testing, and inspections. (h) Each BPA and air gap separation must be accessible for field testing, inspection, and maintenance.
3.3.3 Field Testing and Repair of Backflow Prevention Assemblies and Air Gap Inspection
(a) PWS must ensure that all BPAs installed for its Cross-Connection Control Program are field tested following installation, repair, depressurization for winterizing, or permanent relocation. All required field testing must be performed by certified backflow prevention assembly testers.
(b) BPAs must be field tested at least annually. The CCCPH does not preclude a PWS, the State Water Board, or a local health agency from requiring more frequent field testing for premises with high hazard cross-connection or BPA at increased risk of testing failure.
(c) Air-gap separations must be visually inspected at least annually to determine compliance with this Chapter by persons certified as backflow prevention assembly testers or certified as a cross-connection control specialist pursuant to this Chapter. (d) PWS must receive passing field tests before providing continuous service to a water user with a newly installed BPA.
(e) PWS must ensure that BPAs that fail the field test are repaired or replaced within 30 days of notification of the failure. Extensions may be allowed by the PWS if included as part of the Cross-Connection Control Plan.
25 (f) PWS must require backflow prevention assembly testers to notify the PWS as soon as possible within 24 hours if a backflow incident or an unprotected cross-connection is observed at the BPA or prior to the user premises during field testing. PWS must immediately conduct an investigation and discontinue service to the user premises if a backflow incident is confirmed, and water service must not be restored to that user premises until the PWS receives a confirmation of a passing BPA field test from a backflow prevention assembly tester and the assembly is protecting the PWS. 26 Article 4 – Backflow Prevention Assembly Testers and CrossConnection Control Specialists
3.4.1 Backflow Prevention Assembly Tester Certification (a) A PWS must ensure that each BPA required by this Chapter to protect the public water system is field tested by a person with valid certification from a certifying organization recognized by the State Water Board pursuant to this Article. (b) A State Water Board-recognized organization certifying backflow prevention assembly testers is one that has a certification process that, at a minimum, includes the following:
(1) A timed and proctored written6 exam, using a closed-book, objective grading format, consisting of no less than 100 questions for initial certification and no less than 50 questions for recertification. A passing score must be achieved by an examinee as a requirement for certification.
(A) Written exam proctors must:
1. not provide an examinee any assistance in answering exam questions, verbal or otherwise; and
2. be impartial.
(B) Passing scores for the written exams are to be determined prior to exam sessions, such that passing a written exam demonstrates sufficient knowledge of subjects associated with the proper field testing of BPAs, including but not limited to:
1. the hydraulics and theory of backflow;
2. California’s laws, regulations, and requirements related to crossconnection control;
3. types of BPA field test equipment and the need to verify accuracy, at least annually and when otherwise necessary, to ensure accuracy of field test results;
4. field test procedures for an RP, RPDA, RPDA-II, DC, DCDA, DCDA-II, PVB, and SVB using the procedures provided in the Manual of Cross-Connection Control, Tenth Edition, published by the University of Southern California Foundation for CrossConnection Control and Hydraulic Research or equivalent;
5. identification of improperly functioning BPAs (i.e., diagnostics or troubleshooting); and
6. recordkeeping and safety.
6 The requirement for a written exam does not preclude using computerized exams. 27 (2) A performance (i.e., hands-on) exam, using a closed-book, objective grading process and the field test procedures in paragraph (1)(B)(4), designed such that passing the performance exam demonstrates proficiency in accurately determining the operating condition of an RP, DC, PVB, and SVB, when properly or improperly functioning, including but not limited to BPAs with leaks in shutoff valves, and failures in check valves, air inlet valves, or relief valves. A passing score must be achieved by an examinee as a requisite for certification. The performance exam process must include the following:
(A) Performance exam proctors must:
1. be certified as a backflow prevention assembly tester pursuant to this Article;
2. evaluate no more than one examinee at a time;
3. not provide an examinee any assistance in answering exam questions, verbal or otherwise;
4. provide no indication an examinee has erred until completion of a BPA field test, at which time only the fact the examinee has erred may be indicated (i.e., not the nature of the error);
5. be impartial and not affiliated with the certifying organization’s preparation of, or preparatory course for (if applicable), the performance exam; and
6. not evaluate an examinee who was trained by the proctor during the six-month period prior to the exam or other conflict of interest. (B) An examinee is considered to have failed a performance exam if the examinee:
1. makes a field test procedure or recording error that could impact an accurate determination of the operating condition of a BPA,
2. completes the BPA performance exam form with an error,
3. is informed of making an error (see subparagraph (A)(4)) and begins the procedure a second time, and
4. errs a second time and completes the BPA performance exam form accordingly.
(3) recertification requirements of no less frequently than every three years which includes both a written and performance exam;
(4) provisions for revocation of a backflow prevention assembly tester’s certification, including but not limited to, revocation for falsifying field test results or field test reports;
28 (5) a website providing public access to the most recent list of backflow prevention assembly testers:
(A) who hold a valid certification from the certifying organization. At a minimum, the list is to include each backflow prevention assembly tester’s last name, first name, certification number, and the date on which each backflow prevention assembly tester’s certification expires; and (B) whose certification was revoked, pursuant to paragraph (4), in the three years preceding the date of the list. At a minimum, the list is to include each backflow prevention assembly tester’s last name, first name, revoked certification number, the date on which each backflow prevention assembly tester’s certification was revoked, and the reason for revocation. (6) as a prerequisite to sections 3.4.1(b)(1) and (b)(2), completion of an instructional training course accepted by the certifying organization7that covers the subjects in subsection (1)(B) and is no less than 30 hours in length over no fewer than four days for:
(A) a backflow prevention assembly tester’s initial certification; (B) a backflow prevention assembly tester’s recertification as a result of revocation; or
(7) In lieu of compliance with section 3.4.1(b)(6) a certifying organization may accept two years prior experience in backflow prevention assembly testing. (c) To be recognized by the State Water Board as a certifying organization for backflow prevention assembly testers, a certifying organization shall:
(1) submit an application with the following information to the State Water Board for review:
(A) written documentation of a certification program that includes a process that is no less stringent than the criteria in subsection (b); (B) evidence that the organization’s certification program and exam process has been reviewed, with concerns adequately addressed, by a credentialed psychometrician proficient in the design of objective exams, experienced in the assessment of certification or licensing organizations, and familiar with the application of the requirements of ISO8/IEC9 17024:
Conformity Assessment- General Requirements for Bodies Operating Certification of Persons; and
7 But not limited only to training provided by the certifying organization or its affiliates. 8 International Organization for Standardization
9 International Electrotechnical Commission
29 (C) a written statement, signed by the certifying organization’s representative(s) having the authority and legal responsibility for operation of the certifying organization, attesting that the certifying organization will implement its certification program in a manner meeting or exceeding the criteria in subsection (b) and consistent with the application submitted to the State Water Board.
(2) adequately address each State Water Board comment and/or question concerning the application, and
(3) receive written acknowledgment from the State Water Board that the application is complete.
(d) An American National Standards Institute (ANSI)-accredited certifying organization, accredited in accordance with subsection (b) and ISO/IEC 17024, will be considered to be a State Water Board-recognized certifying organization. Beginning three years after the effective date of the CCCPH, only those testers with a valid certification from an ANSI-accredited certifying organization shall satisfy subsection (a) and certifications obtained by organizations in accordance with subsection (c) will be invalid. (e) This Article does not preclude a local health agency from maintaining a backflow prevention assembly tester certification program for the field testing of BPAs within the local health agency’s jurisdiction. Accepting a tester certified by a local health agency does not relieve a PWS from meeting the requirements of this Article. (f) This Article does not preclude a PWS from disallowing the use of an individual tester certified pursuant to this Article if the PWS has reason to believe a certified tester may not be proficient in accurately determining the operating condition of BPA, or for any other reason (e.g., fraud, deceit, negligence, misconduct, etc.). A PWS must report any evidence of a tester falsifying reports to that tester’s certifying organization. (g) This Article is effective July 1, 2025.
30 3.4.2 Cross-Connection Control Specialist Certification (a) A PWS must ensure that cross-connection control specialists, used pursuant to the CCCPH, have valid certification from a certifying organization recognized by the State Water Board pursuant to this Article.
(b) A State Water Board-recognized organization certifying cross-connection control specialists is one that has a certification process that, at a minimum, includes the following:
(1) A timed and proctored, written10 exam, using a closed-book, objective grading format, consisting of no less than 100 questions for certification. A passing score must be achieved by an examinee as a requirement for certification. (A) Written exam proctors must:
1. not provide an examinee any assistance in answering exam questions, verbal or otherwise; and
2. be impartial.
(B) Passing scores for the exams are to be determined prior to exam sessions, such that passing an exam demonstrates sufficient and comprehensive range of knowledge of the subjects provided in Appendix E, as they may relate to cross-connection control and the causes, effects, and prevention of backflow.
(2) recertification requirements of no less frequently than every three years.
Recertification may be done through at least one of the following:
(A) an exam as required by section 3.4.2 (b)(1),
(B) through 12 contact hours from continuing education courses covering material in Appendix E or,
(C) a combination of exam and continuing education contact hours equivalent to (A) or (B);
(3) provisions for revocation of a specialist’s certification, including but not limited to, falsifying information or providing negligent recommendations inconsistent with industry-standard cross-connection control guidelines; (4) a website providing public access to the most recent list of cross-connection control specialists:
(A) who hold a valid certification from the certifying organization. At a minimum, the list is to include each specialist’s last name, first name, certification number, and the date on which each specialist’s certification expires; or
10 The requirement for a written exam does not preclude using computerized exams. 31 (B) whose certification was revoked, pursuant paragraph (3), in the three years preceding the date of the list. At a minimum, the list is to include each specialist’s last name, first name, revoked certification number, the date on which each specialist’s certification was revoked, and the reason for revocation.
(5) initial certification requirements:
(A) a valid backflow prevention assembly tester certification from a certification organization recognized by the State Water Board pursuant to section 3.4.1; and
(B) completion of an instructional training course (acceptable to the certifying organization11) that covers the subjects in Appendix E and is no less than 30 hours in length over no fewer than five days (inclusive of an exam, if provided). This paragraph does not preclude a certification organization from providing the instructional training course to the public, including certified specialists.
(C) As an alternative to (A) the certifying organization may accept additional instruction in the subject areas of testing, maintaining and repairing BPAs equivalent in length and scope to the requirements in
3.4.1(b)(6).
(D) As an alternative to (A) the certifying organization may accept a minimum of five (5) years documented experience performing crossconnection control specialist duties, as outlined in Appendix E. (c) To be recognized by the State Water Board as a certifying organization for crossconnection control specialists, a certifying organization shall:
(1)submit an application with the following information to the State Water Board for review:
(A) Written documentation of a certification program that includes a process that is no less stringent than the criteria in subsection (b); (B) evidence that the organization’s certification program and exam process has been reviewed, with concerns adequately addressed, by a credentialed psychometrician proficient in the design of objective exams, experienced in the assessment of certification or licensing organizations, and familiar with the application of the requirements of ISO12/IEC13 17024:
Conformity Assessment- General Requirements for Bodies Operating Certification of Persons; and
11 But not limited only to training provided by the certifying organization or its affiliates. 12 International Organization for Standardization
13 International Electrotechnical Commission
32 (C) a written statement, signed by the certifying organization’s representative(s) having the authority and legal responsibility for operation of the certifying organization, attesting that the certifying organization will implement its certification program in a manner meeting or exceeding the criteria in subsection (b) and consistent with the application submitted to the State Water Board.
(2) adequately address each State Water Board comment and question concerning the application, and
(3) receive a written acknowledgment from the State Water Board that the application is complete:
(d) A certifying organization, accredited by the American National Standards Institute (ANSI) in accordance with ISO/IEC 17024, which complies with subsection (b), will be considered to be a State Water Board-recognized certifying organization. Beginning three years after the effective date of the CCCPH, only those specialists with a valid certification from an ANSI-accredited certifying organization shall satisfy subsection (a) and certifications obtained by organizations in accordance with subsection (c) will be invalid.
(e) This Article does not preclude a local health agency from maintaining a crossconnection control specialist certification program for specialists within the local health agency’s jurisdiction. Using a specialist certified by a local health agency does not relieve a PWS from meeting the requirements of this Article. (f) This Article does not preclude a PWS from disallowing the use of an individual crossconnection control specialist certified pursuant to this Article if the PWS has reason to believe a certified specialist may not be proficient in their knowledge of crossconnection control and the causes, effects, and prevention of backflow, or for any other reason (e.g., fraud, deceit, negligence, misconduct, etc.). A PWS must report any evidence of a specialist falsifying reports to that specialist’s certifying organization. (g) This Article is effective July 1, 2025.
33 Article 5 – Recordkeeping, Backflow Incident Response, and Notification
3.5.1 Recordkeeping
(a) Each PWS must maintain the following records:
(1) The two most recent hazard assessments for each user premise, conducted pursuant to CCCPH section 3.2.1 (Hazard Assessment);
(2) for each BPA, the associated hazard or application, location, owner, type, manufacturer and model, size, installation date, and serial number; (3) for each AG installation, the associated hazard or application and the location, owner, and as-built plans of the AG;
(4) results of all BPA field testing, AG inspection, and swivel-ell inspections and field tests for the previous three calendar years, including the name, test date, repair date, and certification number of the backflow prevention assembly tester for each BPA field test and AG and swivel-ell;
(5) repairs made to, or replacement or relocation of, BPAs for the previous three calendar years;
(6) the most current cross-connection tests (e.g. shutdown test, dye test); (7) if a user supervisor is designated for a user premise, the current contact information for the user supervisor and water user, and any applicable training and qualifications as described by CCCPH section 3.2.2(f); (8) descriptions and follow-up actions related to all backflow incidents; (9) if any portion of the cross-connection control program is carried out under contract or agreement, a copy of the current contract or agreement; (10) the current Cross-Connection Control Plan as required in CCCPH section
3.1.4.; and
(11) any public outreach or education materials issued as required in CCCPH section 3.1.3.(a)(9) for the previous three calendar years. (b) All information in subsection (a) must be available to the State Water Board upon request.
3.5.2 Backflow Incident Response Procedure
Each PWS must include backflow incident response procedures in the CrossConnection Control Plan required in CCCPH section 3.1.4. The PWS must describe its procedures for investigating and responding to suspected backflow incidents including, but not limited to, the following:
(a) Consideration of complaints or reports of changes in water quality as possible incidents of backflow;
(b) Water quality sampling and pressure recording; and
(c) Documentation of the investigation, and any response and follow-up activities. 34 3.5.3 Backflow Incident Notification
(a) Each PWS must notify the State Water Board and local health agencies of any known or suspected incident of backflow within 24 hours of the determination. If required by the State Water Board, a PWS must issue a Tier 1 public notification pursuant to CCR, Title 22, Section 64463.1.
(b) If required by the State Water Board, the PWS must submit, by a date specified by the State Water Board, a written incident report describing the details and affected area of the backflow incident, the actions taken by the PWS in response to the backflow incident, and the follow up actions to prevent future backflow incidents. The written report must contain, at a minimum, the information requested in Appendix F. 35 This page intentionally left blank
36 Appendix
Appendix A: Assembly Bill 1671 (2017, Chapter 533) and Assembly Bill 1180 (2019, Chapter 455).
Appendix B: ASME A112.1.2-2012(R2017) Table 1, Minimum Air Gaps for Generally used Plumbing Fixtures, page 4
Appendix C: Backflow Prevention Assembly Diagrams
Appendix D: High Hazard Premises
Appendix E: General Range of Knowledge for Cross-Connection Control Specialists Appendix F: Example Backflow Incident Reporting Form
Appendix G: Related Statutes and Regulations
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Appendix A
Assembly Bill 1671 (2017, Chapter 533)
Assembly Bill 1180 (2019, Chapter 455)
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Assembly Bill No. 1671
CHAPTER 533
An act to amend Section 116810 of, and to add Sections 116407 and 116555.5 to, the Health and Safety Code, relating to drinking water. [Approved by Governor October 6, 2017. Filed with
Secretary of State October 6, 2017.]
legislative counsel’s digest
AB 1671, Caballero. Backflow protection and cross-connection controls:
standards.
(1) Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration projects relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting regulations, and conducting studies and investigations to assess the quality of private domestic water wells. Existing law makes certain violations of the act a misdemeanor.
Existing law requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, that it will not be subject to backflow under normal operating conditions. Existing law, to ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, authorizes local health officers to maintain programs for certification of backflow prevention device testers and requires the certification program to be consistent with backflow protection regulations adopted by the state board.
A violation of these provisions, or an order by a local health officer pursuant to these provisions, is a misdemeanor.
This bill would require a public water system to implement a cross-connection control program that complies with, and would require the certification program to be consistent with, applicable regulations and the standards described in (2).
(2) Existing regulations establish standards for a backflow prevention device and cross-connection control.
This bill, on or before January 1, 2020, would require the state board to adopt standards for backflow protection and cross-connection control and would authorize the state board to do so through the adoption of a policy handbook, as specified. By authorizing the state board to adopt standards, the violation of which would be a crime, the bill would create a new crime and impose a state-mandated local program.
94 STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
(3) 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.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 116407 is added to the Health and Safety Code, to read:
116407. (a) On or before January 1, 2020, the state board shall adopt standards for backflow protection and cross-connection control. (b) The state board may implement subdivision (a) through the adoption of a policy handbook that is not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The policy handbook shall include standards for backflow protection and cross-connection control. In developing the standards and any amendments to those standards, the state board shall consult with state and local agencies and other persons whom the state board has identified as having expertise in the subject of backflow protection and cross-connection control. The state board shall hold at least two public hearings before adopting the policy handbook. The policy handbook shall be posted on the board’s Internet Web site.
(c) (1) Upon the effective date of a policy handbook adopted by the state board pursuant to subdivision (b), the regulations set forth in Article 1 (commencing with Section 7583) and Article 2 (commencing with Section 7601) of Group 4 of Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations shall become inoperative, and, 90 days thereafter, are repealed, unless the state board makes a determination not to repeal a specific regulation.
(2) If the state board determines not to repeal a specific regulation pursuant to paragraph (1), the state board shall provide to the Office of Administrative Law and the Secretary of State written notice of its determination, including identification of the specific regulation that is not repealed. That regulation, upon the provision of that written notice to the Office of Administrative Law and the Secretary of State, shall become operative.
SEC. 2. Section 116555.5 is added to the Health and Safety Code, to read:
116555.5. A public water system shall implement a cross-connection control program that complies with applicable regulations and with standards adopted by the board pursuant to Section 116407.
SEC. 3. Section 116810 of the Health and Safety Code is amended to read:
116810. To ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, 94 Ch. 533 — 2 —
local health officers may maintain programs for certification of backflow prevention device testers. The local health officer may suspend, revoke, or refuse to renew the certificate of a tester, if, after a hearing before the local health officer or his or her designee, the local health officer or his or her designee finds that the tester has practiced fraud or deception or has displayed gross negligence or misconduct in the performance of his or her duties as a certified backflow prevention device tester. The local health officer may collect fees from certified testers to offset the cost of the certification program provided pursuant to this section. The certification standards shall be consistent with standards adopted by the state board pursuant to Section 116407 and any other applicable backflow protection regulations.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
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Assembly Bill No. 1180
CHAPTER 455
An act to amend Section 116407 of the Health and Safety Code, and to add Section 13521.2 to the Water Code, relating to water. [Approved by Governor October 2, 2019. Filed with Secretary of State October 2, 2019.]
legislative counsel’s digest
AB 1180, Friedman. Water: recycled water.
(1) Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Existing law requires, on or before January 1, 2020, the state board to adopt standards for backflow protection and cross-connection control through the adoption of a policy handbook, as specified.
This bill would require that handbook to include provisions for the use of a swivel or changeover device to supply potable water to a dual-plumbed system during an interruption in recycled water service. (2) Existing law requires the state board to establish uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health.
This bill would require the state board, on or before January 1, 2023, as specified, to update the uniform statewide criteria for nonpotable recycled water uses.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) On December 11, 2018, the State Water Resources Control Board unanimously adopted an amendment to the policy for water quality control for recycled water, which included a goal to increase the use of recycled water in the state from 714,000 acre-feet per year in 2015 to 1,500,000 acre-feet per year by 2020 and 2,500,000 acre-feet per year by 2030. (b) Section 13521 of the Water Code requires the state board to establish uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health. (c) The regulations establishing the uniform statewide criteria for recycled water uses are set forth in Chapter 3 (commencing with Section 60301.050) of Division 4 of Title 22 of the California Code of Regulations. The regulations that pertain to nonpotable recycled water uses have not been updated since 2000.
95 STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
(d) The regulations relating to backflow protection and cross-connection control for recycled water are set forth in Article 1 (commencing with Section 7583) and Article 2 (commencing with Section 7601) of Group 4 of Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. These regulations have not been updated since 1987. (e) Section 1 of Chapter 533 of the Statutes of 2017 (Assembly Bill 1671 of the 2017–18 Regular Session) requires, on or before January 1, 2020, the state board to adopt backflow protection and cross-connection control standards and authorizes their implementation through a policy handbook. (f) In order to maximize the amount of recycled water California can safely use for beneficial purposes, it is necessary to update the uniform statewide criteria for nonpotable recycled water uses and specify certain associated backflow protection and cross-connection control provisions.
SEC. 2. Section 116407 of the Health and Safety Code is amended to read:
116407. (a) On or before January 1, 2020, the state board shall adopt standards for backflow protection and cross-connection control. (b) (1) The state board may implement subdivision (a) through the adoption of a policy handbook that is not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The policy handbook shall include standards for backflow protection and cross-connection control. In developing the standards and any amendments to those standards, the state board shall consult with state and local agencies and other persons whom the state board has identified as having expertise in the subject of backflow protection and cross-connection control. The state board shall hold at least two public hearings before adopting the policy handbook. The policy handbook shall be posted on the board’s internet website.
(2) (A) The policy handbook described in this subdivision shall include provisions for the use of a swivel or changeover device to supply potable water to a dual-plumbed system during an interruption in recycled water service.
(B) The use of a swivel or changeover device shall be consistent with any notification and backflow protection provisions contained in the policy handbook.
(c) (1) Upon the effective date of a policy handbook adopted by the state board pursuant to subdivision (b), the regulations set forth in Article 1 (commencing with Section 7583) and Article 2 (commencing with Section 7601) of Group 4 of Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations shall become inoperative, and, 90 days thereafter, are repealed, unless the state board makes a determination not to repeal a specific regulation.
(2) If the state board determines not to repeal a specific regulation pursuant to paragraph (1), the state board shall provide to the Office of Administrative Law and the Secretary of State written notice of its determination, including identification of the specific regulation that is not repealed. That regulation, upon the provision of that written notice to the 95 Ch. 455 — 2 —
Office of Administrative Law and the Secretary of State, shall become operative.
SEC. 3. Section 13521.2 is added to the Water Code, to read:
13521.2. (a) On or before January 1, 2023, the state board shall update the uniform statewide criteria for nonpotable recycled water uses established in Chapter 3 (commencing with Section 60301.050) of Division 4 of Title 22 of the California Code of Regulations. The deadline imposed by this section is mandatory only if the Legislature has appropriated sufficient funds, as determined by the executive director of the state board, in the annual Budget Act or otherwise to cover the state board’s costs associated with the performance of the duties imposed by this section. (b) For purposes of the update to the uniform statewide criteria for nonpotable recycled water uses described in subdivision (a), the state board shall adopt a regulation that incorporates by reference the criteria and applicable backflow protection provisions, including the provisions for the use of a swivel or changeover device for dual-plumbed systems, that are contained in the most recently adopted version of the policy handbook adopted pursuant to Section 116407 of the Health and Safety Code and any future versions of the policy handbook.
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Appendix B
ASME A112.1.2-2012(R2017) Table 1,
Minimum Air Gaps for Generally used Plumbing
Fixtures, page 4
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Appendix B
ASME A112.1.2-2012(R2017) Table 1, Minimum Air Gaps for Generally used Plumbing Fixtures,
1 page 4
TABLE 1
Minimum Air Gaps for Generally used Plumbing Fixtures4
FIXTURES WHERE NOT AFFECTED
BY SIDEWALLS1
(inches)
WHERE AFFECTED BY
SIDEWALLS2
(inches)
Effective opening3 not
greater than ½ of an inch
in diameter
1 1
1 /2
Effective openings3 not
greater than ¾ of an inch
in diameter
1 1
/2 2
1 /4
Effective openings3 not
greater than 1 inch in
diameter
2 3
Effective openings3
greater than 1 inch in
diameter
Two times the diameter of
effective opening
Three times the diameter of
effective opening
For SI units: 1 inch = 25.4 mm
Notes:
1 Sidewalls, ribs, or similar obstructions do not affect air gaps where spaced from the inside edge of the spout opening at a distance exceeding three times the diameter of the effective opening for a single wall, or at a distance exceeding four times the effective opening for two intersecting walls. 2 Vertical walls, ribs, or similar obstructions extending from the water surface to or above the horizontal plane of the spout opening other than specified in Footnote 1 above. The effect of three or more such vertical walls or ribs has not been determined. In such cases, the air gap shall be measured from the top of the wall.
3 The effective opening shall be the minimum cross-sectional area at the seat of the control valve or the supply pipe or tubing that feeds the device or outlet.
Where two or more lines supply one outlet, the effective opening shall be the sum of the cross-sectional areas of the individual supply lines or the area of the single outlet, whichever is smaller.
4 Air gaps less than 1 inch (25.4 mm) shall be approved as a permanent part of a listed assembly that has been tested under actual backflow conditions with vacuums of 0 to 25 inches of mercury (85 kPa).
1 Reprinted from ASME A112.1.2-2012(R2017), by permission of The American Society of Mechanical Engineers. All rights reserved
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Appendix C
Backflow Prevention Assembly Diagrams
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Appendix C
Diagram 1
Double check detector backflow prevention assembly1
1 © 2023 University of Southern California. Used with permission.
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Appendix C
Diagram 2
Double check detector backflow prevention assembly – type II 2 2 © 2023 University of Southern California. Used with permission.
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Appendix C
Diagram 3
Double check valve backflow prevention assembly3
3 © 2023 University of Southern California. Used with permission C-4
Appendix C
Diagram 4
Pressure vacuum breaker backsiphonage prevention assembly 4 4 © 2023 University of Southern California. Used with permission C-5
Appendix C
Diagram 5
Reduced pressure principle backflow prevention assembly 5 5 © 2023 University of Southern California. Used with permission C-6
Appendix C
Diagram 6
Reduced pressure principle detector backflow prevention assembly 6 6 © 2023 University of Southern California. Used with permission C-7
Appendix C
Diagram 7
Reduced pressure principle detector backflow prevention assembly – type II 7 7 © 2023 University of Southern California. Used with permission C-8
Appendix C
Diagram 8
Spill-resistant pressure vacuum breaker backsiphonage prevention assembly 8 8 © 2023 University of Southern California. Used with permission C-9
Appendix C
Swivel-Ell Design and Construction Criteria
The criteria below, in conjunction with the swivel-ell diagrams that follow (Diagrams 9a and 9b), are minimum acceptable design and construction-related requirements for utilizing a swivel-ell. For restrictions and allowances for utilizing a swivel-ell, see CCCPH section 3.2.2.
A. Prior to operation of a swivel-ell, the PWS will receive approval for the design and construction plans of that swivel-ell from the State Water Board.
B. The drinking water supply must not, under any circumstances, be directly connected to the recycled water supply, nor be designed such that the recycled water use site could be supplied concurrently by a recycled water supply and a drinking water supply.
C. The drinking water supply line and the recycled water supply line must be offset (see Diagram 9b) in a manner that ensures a tee-connection, spool, or other prefabricated mechanical appurtenance(s) could not be readily utilized in lieu of the swivel-ell connection, nor result in the recycled water use site being supplied concurrently by recycled water and drinking water.
D. The recycled water supply line used in conjunction with the swivel-ell must be the only recycled water supply to the recycled water use area.
E. The swivel-ell must be located as close as practical to the public water system service connection, with the swivel-ell connection being located as close as practical to the RP upstream of the swivel-ell.
F. The swivel-ell must:
1. be located above ground;
2. be color-coded pursuant to section 116815 of the CHSC and its implementing regulations;
3. include appropriate signage, as required by regulation and the State Water Board;
4. be provided the security necessary to prevent interconnections, vandalism, unauthorized entry, etc.; and
5. be provided with meters on both the recycled water service and drinking water service connections.
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Legend for Diagram 9a and 9b (also see next page)
RP = Reduced pressure principle backflow prevention assembly RW = Tertiary-treated recycled water originating from wastewater treatment facility DW = Drinking water originating from a public water system W = Water (tertiary recycled water or drinking water) to use site. As pictured, configured for supplemental drinking water to the use site.
M = Meter (next page)
PE = Plain End (next page)
GRV = Groove (next page)
PWS = Public Water System (next page)
Diagram 9a: Example Swivel-Ell Pictorial (also see Plan View Schematics) Note: The RP, a required component of an acceptable swivel-ell, is not shown in the picture.
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Diagram 9b: Swivel-Ell Typical Plan View Schematics
(not intended to be an exact portrayal of the pictorial) C-12
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Appendix D
High Hazard Premises
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APPENDIX D
HIGH HAZARD CROSS-CONNECTION CONTROL PREMISES
The list below identifies premises that require backflow protection provided by an air gap or a reduced pressure principle backflow prevention assembly, unless noted otherwise. The list below is not intended to be all-inclusive. A PWS, State Water Board, or local health agency may require an AG, RP, or both to protect a PWS from other hazards not listed below and identified in premises through the hazard assessment completed in CCCPH Chapter 3, section 3.2.1. A PWS may reduce or increase the minimum protection required for a previously hazard-assessed user premise following a hazard reassessment as described in CCCPH Chapter 3, section 3.2.1.
1. Sewage handling facilities
2. Wastewater lift stations and pumping stations
3. Wastewater treatment processes, handling, or pumping equipment that is interconnected to a piping system connected to a PWS (+)
4. Petroleum processing or storage plants
5. Radioactive material storage, processing plants or nuclear reactors
6. Mortuaries
7. Cemeteries
8. Sites with an auxiliary water supply interconnected with PWS (+)
9. Sites with an auxiliary water supply not interconnected with PWS
10.Premises with more than one connection to the PWS (++++)
11.Recycled water (++)(+++)
12.Recycled water interconnected to piping system that contains water received from a PWS (+)
13.Graywater systems, as defined in California Water Code Section 14876, that are interconnected to a piping system that is connected to a PWS
14.Medical facilities
15.Kidney dialysis facilities
16.Dental office with water-connected equipment
17.Veterinarian facilities
18.Chemical plants
19.Laboratories
20.Biotech facilities
21.Electronics manufacture
22.Dry cleaner facilities
23.Industrial or commercial laundry facilities
24.Metal-plating facilities
25.Business park with a single meter serving multiple businesses
26.Marine-port facilities
27.Car wash facilities
28.Mobile home park, RV park, or campgrounds with RV hookups D-2
29.Hotels/motels
30.Gas stations
31.Fire stations
32.Solid waste disposal facilities
33.Pet groomers
34.Agricultural premises
35.Hazard assessment access denied or restricted
36.Railroad maintenance facilities
37.Incarceration facilities (e.g. prisons)
38.Temporary connections to fire hydrants for miscellaneous uses, including construction
39.Private water distribution mains
40.Drinking water storage tank overflow connected to a sump or storm drain (+)
41.Airports
(+) Premise isolated by air gap only except as allowed through CCCPH Section 3.2.2(c) (++) Dual-plumbed use areas established per CCR Title 22, Section 60313 through 60316.
(+++) Residences using recycled water for landscape irrigation as part of an approved dual plumbed use area established pursuant to CCR Title 22, sections 60313 through 60316 shall use, at a minimum, a DC. If the water supplier is also the supplier of the recycled water, then the recycled water supplier may obtain approval of the local public water supplier or the State Water Board, to utilize an alternative backflow protection plan that includes an annual inspection of both the recycled water and potable water systems and an annual cross-connection test of the recycled water and potable water systems pursuant to subsection 60316(a) in lieu of any BPA. (++++) All connections must receive at least the same level of protection excluding fire protection when connected to the PWS distribution system (e.g. if one connection requires an RP then all connections must have RPs installed).
Appendix E
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APPENDIX E
General Range of Knowledge for Cross-Connection Control Specialists To effectively prevent unintended backflow into a PWS’s distribution system, it is necessary for a cross-connection control specialist to have an understanding of a range of subjects related to cross-connection control. This appendix provides a list of such subjects.
This appendix is not meant to preclude instruction of additional subjects that may be necessary or beneficial to the goal of a prospective or existing cross-connection control specialist in being proficient in protecting public health from backflow through crossconnection control measures. Emphasis on particular subjects should be in a manner that best achieves that goal.
(a) GENERAL
(1) Cross-connection control terminology.
(2) The history leading to the need for cross-connection control, including causes, impacts, including but not limited to:
(A) potable water distribution systems;
(B) examples of backflow incidents and actual or potential public health impacts; and
(C) evolution of methods of cross-connection control and backflow prevention assemblies.
(3) Hydraulics (general) – An understanding of hydraulic gradients, pressure variations, flow rates, temperature, the properties of water, backsiphonage, backpressure, and other elements necessary to understand the causes for backflow.
(4) Public outreach – How to appropriately convey the value of cross-connection control to PWS personnel and the public.
(b) LAWS, REGULATIONS, AND GUIDANCE
(1) Federal – Applicable federal laws, regulations, and guidance. (2) State – California laws and regulations, including, but not limited to, the State Water Resources Control Board’s most recent edition of its Cross-Connection Control Policy Handbook and other requirements related to cross-connection control.
(3) Local – An understanding of the need to ensure local requirements are considered and how best to find such requirements.
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(c) HAZARD ASSESSMENTS AND METHODS TO PREVENT BACKFLOW
A comprehensive understanding of how to conduct cross-connection surveys of water systems for the purpose of identifying cross-connections, assessing hazards, and identifying the most effective and legally appropriate methods for protection from backflow. At a minimum, the following topics should be considered to achieve such an understanding:
(1) Surveys:
(A) Preparation (e.g., authority, notification, prioritizing customers/premises, coordinating with public water systems, etc.); (B) Design and as-built drawings related to water supply and crossconnection control; (C) Public water system schematics;
(D) How to identify existing and new construction, with an understanding of how construction may impact backflow protection;
(E) How to identify cross-connections (actual and potential); (F) How to identify and differentiate between high hazard and low hazard cross-connections; and
(G) Problems associated with multi-story buildings, multiple service connections at a premises, typical water-use equipment, etc., and varying types of water service, including irrigation, recycled water, gray water, fire prevention systems, and dual plumbed premises.
(2) Assessing Hazards:
(A) Identifying and differentiating between premises activities leading to high hazard cross-connections and low hazard cross-connections (for examples of high hazard activities, see Appendix D); and (B) Understanding potential public health impacts from backflow associated with the problems in section (c)(1)(G) of this appendix. (3) Assemblies and Methods for Backflow Prevention:
(A) A comprehensive understanding of approved methods for crossconnection control and preventing backflow with respect to an assessed hazard;
(B) Identifying unapproved methods for cross-connection control and preventing backflow;
(C) An understanding of components, design and operation, proper installation and location of backflow prevention assemblies, including air gaps, and backflow prevention assembly field test methods, field test results, and the assessment of air gaps; and
(D) Identifying unapproved assemblies, as well as those assemblies whose operation and/or state of repair necessitates replacement with an approved assembly.
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(d) CROSS-CONNECTION CONTROL PROGRAMS
A comprehensive understanding of the development, elements, and administration of cross-connection control programs, including, but not limited to:
(1) An ability to assess the federal, state, and local requirements applicable to a public water system’s cross-connection control program, such that adherence to the cross-connection control program would result in compliance with the requirements;
(2) The roles, responsibilities, and authority of individuals and entities involved in the critical elements of a successful plan for cross-connection control (see CCCPH section 3.1.4); and
(3) The ability to assess the components of a public water system’s CrossConnection Control Plan (see CCCPH section 3.1.4) that best assures the prevention of undesired backflow into the public water system’s distribution system, and to communicate deficiencies to public water system personnel. (e) CROSS-CONNECTION TESTS
A comprehensive understanding of:
(1) The purpose of a cross-connection test and when a cross-connection test should be performed;
(2) The ability to develop protocols and make arrangements for cross-connection tests, and subsequently oversee and/or perform such cross-connection tests, in a manner that determines whether interconnections exist between unapproved sources and approved water supplies; and
(3) Follow-up actions and notifications if a cross-connection test indicates an interconnection.
(f) RECORDKEEPING AND INCIDENT RESPONSE
A comprehensive understanding of:
(1) The agencies and authorities to be notified in the event of a backflow incident;
(2) How to determine the cause of a backflow incident and the actions necessary to prevent similar incidents in the future;
(3) How to properly document a backflow incident, including but not limited to the information in the example backflow incident response form in Appendix F; and (4) How to properly document the elements associated with surveys and hazard assessments, including those identified in section (c) of this appendix.
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Appendix F
Example Backflow Incident Reporting Form
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BACKFLOW INCIDENT REPORT FORM
Water System: _______________________________________________________ Water System Number: _________________________________________________ Incident Date: ________________________________________________________ Incident Time (if known):________________________________________________ Incident Location: _____________________________________________________ How was the incident discovered?
____________________________________________________________________ Backflow Originated from:
Premise Location: ________________________________________________ Address: ______________________________________________________________ Premise Contact Person: _______________________ Title:____________________ Phone:_______________ Email: ________________________________ Connection Type: (please check one)
Industrial Commercial Single-Family Residential Multi-Family Residential Irrigation Recycled Water Water System Facility
Other: _______________________________________
Description and source of backflow substance (please be as descriptive as possible):
_____________________________________________________________________ ______________________________________________________________________ If available, please attach an MSDS or other chemical description form Was the backflow fluid contained within the user side? YES NO Estimated Number of Affected Persons: ______________________________________ F-2
Number and description of consumer complaints received:
______________________________________________________________________ ______________________________________________________________________ Did any consumers report illness? Please describe.
______________________________________________________________________ ______________________________________________________________________ If applicable, please describe the consumer notification:
_____________________________________________________________________ ______________________________________________________________________
INVESTIGATION
Please describe the water system investigation including time frames:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ What was the area system pressure? _______________________________________ Is this within typical range: YES NO - typical pressure: _____________ Was a sample of the water contaminated by the backflow incident collected and stored before flushing? YES NO
Please describe all sampling:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ DDW recommends laboratory or field sampling for the following parameters: total coliform, E. coli, free and total chlorine residual, pH, odor, turbidity, temperature, and color. Additional sampling should be collected at the PWS and regulatory agency’s discretion.
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CORRECTIVE ACTIONS
Please describe the corrective actions taken by the water system:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Was the chlorine residual increased after discovery of backflow incident? YES NO Date of the last cross-connection control hazard assessment of the premise with the backflow incident conducted: ______________________________________________ Did the premise have backflow prevention assemblies? YES NO Date of most recent backflow prevention assembly test(s): _______________________ When was the Division of Drinking Water or Local County Health office notified? Date: __________________Time: __________ Contact Person: __________________ Was the Division or Local County Health notified within 24 hours? YES NO Other agencies or organizations contacted?
CERTIFICATION
Name: _________________________________ Job Title: _______________________ Certification(s): _________________________________________________________ ______________________________________________________________________ Please list all cross-connection control related certifications including number and expiration date
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I certify that the forgoing information is true and correct to the best of my ability.
Signature: ____________________________ Date: ___________________________ Attach the following applicable documentation
1. Laboratory Test Results
2. Sketch of the cross-connection and modifications
3. MSDS or chemical information forms if chemical hazard is known
4. Applicable backflow assembly test reports including the most recent test before the incident
5. Other relevant supporting documentation
Appendix G
Related Statutes and Regulations
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The following laws and regulations are considered related or tangential to the CCCPH, and are included in a descriptive format to provide additional, relevant background information
California Laws and Regulations
In addition to the California SDWA statutory requirements cited in CCCPH Chapter 1, section 1.3.1, California has statutes addressing certain authorities and requirements that may have influenced the CCCPH or may otherwise be of interest. ▪ Urban and community water systems must have a written policy on discontinuation of residential service for nonpayment and must not discontinue residential service for nonpayment if certain conditions are met. (CHSC sections 116900 – 116926) ▪ Senate Bill 1263 (2017) requires that before a person submits an application for a permit for a proposed new public water system, the person shall first submit a preliminary technical report which must include a cost comparison of a new public water system and consolidations with an existing system. (CHSC section 116527) ▪ Effective June 24, 2015, Senate Bill 88 (SB 88) (Statutes 2015, Chapter 27) added sections 116680-116684 to the CHSC, allowing the State Water Board to require certain water systems that consistently fail to provide safe drinking water to consolidate with, or receive an extension of service from, another public water system. The consolidation can be physical or managerial. ▪ Local health officers may maintain programs for the control of cross-connections by water users, within water users’ premises, where public exposure to backflow may occur. Such programs may include water user premises inspections, collection of fees, certification of backflow prevention assembly1
(BPA) testers, and other
discretionary elements. Local health officer BPA tester certification standards must be consistent with the standards prescribed in the CCCPH. Water users are required to comply with all orders, instructions, regulations, and notices from the local health officer regarding installation, testing, and maintenance of a BPA. (CHSC sections 116800 - 116820).
▪ Pursuant to the California Building Standards Law (CHSC sections 18901 - 18949.31), the California Building Standards Commission (CBSC) must administer the processes related to the adoption, approval, and publication of regulations referred to as the California Building Standards Code (Title 24, California Code of Regulation). Title 24 serves as the basis for the minimum design and construction 1 California statutes use a variety of terms when referencing a ‘backflow prevention assembly’ (e.g., backflow protective device, backflow protection equipment, backflow prevention device, backflow or back siphonage protection device, backflow preventer, or backflow device). For consistency with industry terminology, ‘backflow prevention assembly’ is used in the CCCPH, unless directly quoted otherwise.
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of buildings in California and includes the California Plumbing Code (Part 5 of Title 24), which contains requirements pertaining to cross-connection control and backflow prevention.
▪ A BPA intended to convey or dispense water for human consumption via drinking or cooking must meet California’s “lead free” requirements. (CHSC section 116875)
▪ Limits are established for the installation of backflow protection equipment where automatic fire sprinkler systems are utilized. (CHSC section 13114.7)2 ▪ Cross-connection control must be addressed in engineering reports that are required (CCR Title 22, section 60323) for recycled water projects. (Wat. Code section 13552.8)
▪ If a public agency requires the use of recycled water for toilet and urinal flushing in a structure (except certain mental health facilities), the public health agency must prepare an engineering report that addresses cross-connection control. (Wat.
Code section 13554)
▪ Prior to indoor use of recycled water in a condominium project, the entity delivering the recycled water must submit a report, for State Water Board3 approval, and include the following related to cross-connection control (Wat. Code section 13553(d)(1)):
▫ The condominium project must be provided with a backflow prevention assembly approved by the State Water Board.
▫ The backflow prevention assembly must be inspected and tested annually by a certified tester.
▫ The condominium project must be tested by the recycled water agency or local agency at least once every four years for indications of possible crossconnections between the condominium’s potable and non-potable systems. ▪ California’s Department of Water Resources was required to convene a task force, known as the 2002 Recycled Water Task Force, to identify constraints, impediments, and opportunities for the increased use of recycled water and report 2 CHSC section 13114.7 historically provided potential limits for backflow prevention assemblies on fire sprinklers. Even though current standards differ from the language stated in CHSC section 13114.7, it is still being provided as a historical reference as there may still be installations with the now outdated limits established in section 13114.7
3 The California Department of Public Health’s authority and responsibility pertaining to this reference was transferred to the State Water Board via Senate Bill 861 (2014, Chapter 35). As such, applicable statutory mandates that may refer to “California Department of Public Health” or “Department” may be referred to as “State Water Board” in this document.
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to the Legislature by July 1, 2003. The task force was also asked to advise and make recommendations concerning cross-connection control, including the applicability of visual inspections instead of pressure tests for cross-connections between potable and non-potable water systems. (Wat. Code section 13578(b)(1).
The final report4 provided the following recommendations to the State Water Board – Division of Drinking Water (Division):
▫ Prepare guidance on dual plumbed regulations (22 CCR sections 60313-60316) consistent with Appendix J of plumbing code (Chapter 15 of 2019 California Plumbing Code, formerly Chapter 16A).
▫ Support thorough assessment of risk associated with cross-connections between disinfection tertiary recycled water and potable water. ▫ Ensure uniform interpretation of cross-connection control requirement of Title 22 regulations (recycled water) and Title 17 (cross-connection control regulations)
▫ Recommend stakeholders to review draft Title 17 regulations. ▪ A person engaged in the salvage, purchase, or sale of scrap metal who knowingly possesses a backflow prevention assembly (or connections to the assembly or any part of the assembly), or who failed to report the possession of such items, which was previously owned by a utility or public agency, is guilty of a crime. (Pen. Code section 496e)
▪ Junk dealers or recyclers who possess a backflow prevention assembly (or connections to that assembly or any part of the assembly) without a written certification from the agency or utility owning or previously owning the assembly will be liable to the agency or utility for the wrongful possession. (Civ. Code section 3336.5 and, similarly, Bus. & Prof. Code section 21609.1) Please note that a number of the codes, regulations, and statutes cited above are implemented under the authority of regulatory entities other than the State Water Board and would therefore be beyond the scope of this CCCPH. The intent of providing such citations is to increase general awareness with respect to other potential statutory requirements associated with cross-connection control. The list is not exhaustive and does not include other requirements that may exist, including those via regulations that may have been adopted by an appropriate regulatory entity.
Federal Laws and Regulations
4 California Department of Water Resources. (2003). Water Recycling 2030: Recommendations of California’s Recycled Water Task Force
G-4
All suppliers of domestic water to the public are subject to regulations adopted by the U.S. Environmental Protection Agency (EPA) under the U.S. Safe Drinking Water Act (SDWA) of 1974, as amended (42 U.S.C. section 300f et seq.), as well as by the State Board under the California SDWA (Health & Saf. Code, div. 104, pt. 12, ch. 4, section 116270 et seq.). Additionally, the State Water Board has been delegated primacy - the responsibility and authority to administer U.S. EPA's drinking water regulations within California – on the condition that California adopt enforceable requirements no less stringent than U.S. EPA's.
The U.S. EPA currently has no distinct cross-connection control requirements that apply broadly to public water systems (PWS); however, the importance of cross-connection control is evident by the issue papers and guidance documents developed by U.S. EPA and their recognition that cross-connections and backflow represent a significant public health risk (see discussion in Chapter 2). Although U.S. EPA currently has no distinct cross-connection control requirements, the subject of cross-connection or backflow prevention assemblies is included in the U.S. SDWA and the Code of Federal Regulations (C.F.R.) in relation to PWS, including the following:
5 ▪ If used exclusively for non-potable services, a backflow prevention assembly (BPA) is exempt from the federal lead prohibitions. (42, U.S.C. section 300g) ▪ Allows increasing disinfectant concentrations in a PWS distribution system in the event of a cross-connection (backflow) event. (40 C.F.R. section 141.130(d)) ▪ Proper maintenance of the distribution system, including cross-connection control, is identified as a best available technology (BAT) for microbial contaminant control. (40 C.F.R. section 141.63(e))
▪ Under the federal Revised Total Coliform Rule, a PWS having a cross-connection control program is one of the enhancements necessary to reduce monitoring for a PWS that had been under an increased monitoring frequency. (40 C.F.R. section 141.854(h)(2))
▪ Under the federal Revised Total Coliform Rule, a PWS having a cross-connection control program is a criterion for a state to allow a reduced monitoring frequency (40 C.F.R. section 141.855(d)(1))
▪ If a state allows the monitoring frequency reductions previously mentioned under the federal Revised Total Coliform Rule, a state is required to include in its primacy package to U.S. EPA how a PWS will be required to demonstrate cross-connection control. (40 C.F.R. section 142.16(q))
5 For requirements unrelated to cross-connection control, please consult California’s laws and regulations specific to the topic of interest. California may have more stringent requirements (e.g., reduced monitoring allowed via federal regulations may be prohibited in California).
APPENDIX B
CITY OF FORTUNA CROSS CONNECTION SURVEY
INITIAL FINDINGS, 2019
APPENDIX C
FORTUNA MUNICIPAL CODE
CHAPTER 13.04
Division I. Water
Chapter 13.04
GENERAL PROVISIONS*
Sections:
13.04.010 Definitions.
13.04.020 Promulgation of rules, regulations and rates.
13.04.030 Settlement of disputes between consumer and city.
13.04.040 Proximity of water service pipes to other service pipes.
13.04.050 Cross connection control required.
13.04.051 Approved standards for cross connection control devices.
13.04.052 Approval of public works director required.
13.04.054 Annual inspection of cross connection control devices required.
13.04.060 Shutoff valve – Installation by owner.
13.04.070 Repairs – Liabilities.
13.04.080 Shutoff – Repairs and infractions.
13.04.090 Right of entry for inspections.
13.04.100 Connections to pumps, boilers, and other apparatus – Generally.
13.04.110 Connections to pumps, boilers, and similar apparatus – Permit.
13.04.120 Prohibited interferences with system.
13.04.130 Application for service – Generally.
13.04.140 Application for service – False statements prohibited.
13.04.150 Connection to water mains.
13.04.160 Common service pipes prohibited.
13.04.180 Shutting off water at consumer’s request.
13.04.190 Turning water on without consent prohibited.
13.04.200 Transporting metered water across property lines prohibited – Exception.
13.04.210 Supplying water to others prohibited.
13.04.220 Conditions of service acceptance.
13.04.230 Right of city to turn water on or off in emergencies.
13.04.240 Metering required.
13.04.250 Fire hydrants – Generally.
13.04.260 Fire hydrants – Application for use and adherence to policy.
13.04.270 Fire hydrants – Conditions of use.
13.04.280 Water supplied for construction – Generally.
13.04.290 Water supplied for construction – Permits.
* For statutory provisions on municipal water systems, see Government Code § 38730 et seq.; for statutory provisions concerning purity of water and water systems, see Health and Safety Code §§ 4010 through 4037.
13.04.010 Definitions.
For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section:
A. “Applicant” means a person who applies for water service.
B. “Consumer” means any person to whom the city supplies water service under a contract, either expressed or implied, for which such person is required to make payment therefor.
C. “Cost” includes labor, material, transportation, expense, supervision, engineering, and other necessary overhead expense.
D. “Department” means the water department of the city.
E. “Extension” means a water main extension.
F. “Legal or equitable owner” means any owner of record, mortgagee, trustee or contract purchaser.
G. “Main” means an existing water main in the water distribution system of the city.
H. “Manager” means the city manager, or a duly authorized representative, in the event the city engages a city manager.
I. “Service connections” designates the tapping of water mains and the laying of pipes from the main to the curb property line or to the meter. (Code 1961 § 25-1).
13.04.020 Promulgation of rules, regulations and rates.
The council reserves the right and power to from time to time by resolution adopt rules and regulations for the operation and maintenance of the water department of the city, and for furnishing water to the users, and may likewise by resolution establish and modify the rates, charges, and penalties, and may from time to time by resolution prescribe rules for the extension of water mains within the boundaries and outside the boundaries of the city. (Ord. 78-387. Code 1961 § 25-3).
13.04.030 Settlement of disputes between consumer and city.
If a dispute shall arise between any water consumer and the city concerning water service or the amount of a water bill to such consumer, the dispute may be settled, subject to the approval of the city manager, by the water department. The procedures provided for in this section are permissive only and shall in no way affect the other provisions of this division. (Ord. 93-587 § 1.
Code 1961 § 25-4).
13.04.040 Proximity of water service pipes to other service pipes.
No sewer ditch, sewer pipe, gas pipe or any other service pipe shall be installed or maintained nearer than two feet to any water service pipe, water main or water service meter of the city. (Code 1961 § 25-5).
13.04.050 Cross connection control required.
It shall be the responsibility of the public works department of the city to protect the public potable water distribution system from contamination or pollution due to the backflow or backsiphonage of contaminants or pollutants through the water service connection. If, in the judgment of the director of public works or a designated agent an approved backflow prevention device is required at the city’s water service connection to any customer’s premises, for the safety of the city water system, the director or designated agent shall give notice in writing to said customer to install such an approved device at each service connection to their premises.
The customer shall immediately install such device at their expense. Failure, refusal or inability on the part of the customer to install shall constitute grounds for discontinuing water service to the premises until such device has been properly installed. (Ord. 84-477 § 1. Code 1961 § 25-6).
13.04.051 Approved standards for cross connection control devices.
A. Any backflow prevention device required by this code shall be a model and size approved by the public works director. The term “approved backflow prevention device” means a device that has been manufactured in full conformance with the standards established by the American Water Works Association (A.W.W.A.) entitled: A.W.W.A. C 506-78 Standards for Reduced Pressure and Double Check Valve Backflow Prevention Devices, and have met completely the laboratory and field performance specifications of the Foundation for Cross Connection and Hydraulic Research of the University of Southern California: Specifications of Backflow Prevention Devices #69-2 or the most current issue.
B. Said A.W.W.A. and F.C.C.C. and H.R. standards and specifications have been adopted by the city by resolution. The public works department shall maintain a current list of approved devices. (Ord. 84-477 § 1).
13.04.052 Approval of public works director required.
Prior to the installation of any such devices the customer shall submit to the public works director a statement containing the make and model of the device, location and method of installation of such device for approval. Failure to do so could result in the installation of a nonapproved device. (Ord. 84-477 § 1).
13.04.054 Annual inspection of cross connection control devices required.
A. It shall be the duty of the customer-user at any premises where said devices have been installed to have certified inspection and operational tests made at least once each year. If in the opinion of the director or his designated agent a hazard is great enough he may require a certified inspection at more frequent intervals. These inspections and tests shall be done at the customer’s expense and shall be performed by the device manufacturer’s representative, by the city’s utility personnel or a certified tester approved by the city.
B. It shall be the duty of the public works department to ensure that these timely tests are made.
The customer shall notify the city in advance of these tests so that a representative may witness the tests if so desired. These devices shall be repaired, overhauled or replaced whenever said devices are found to be defective at the customer’s expense. Records of such tests, repairs or replacement shall be kept and made available to the city. (Ord. 84-477 § 1).
13.04.060 Shutoff valve – Installation by owner.
Consumers of water shall install, at their own expense, a shutoff valve inside the property line at a location accessible to the employees of the city and its water department. (Code 1961 § 25-7).
13.04.070 Repairs – Liabilities.
The city shall, at its own expense, make all repairs necessary to water mains, meters and pipelines connecting with water mains. The city shall make no repair or do any work whatsoever on the water pipeline beyond the meter connection. Any repair, including parts and labor, made necessary by any acts of negligence or carelessness of the consumer, or other persons, shall be charged to and collected from the consumer, or the person responsible therefor. (Code 1961 § 25-8).
13.04.080 Shutoff – Repairs and infractions.
The department reserves the right to shut off the water supply from any premises at any time without notice, for the purpose of making repairs, extensions, or for other necessary purposes, or for any infraction of the provisions of this division. The department shall not be held responsible for any damage to any consumer’s property during such shutoff period. (Code 1961 § 25-9).
13.04.090 Right of entry for inspections.
An authorized employee of the city shall have reasonable access to any premises supplied with water for the purpose of making inspections for cross connection control, inspections of the water system and water meters upon such premises. Any person who, as owner or occupant of any premises, refuses admittance to or hinders or prevents inspection by an authorized employee of the city may have all water shut off, after service of 24-hours’ notice of the intention of the city to do so. (Ord. 84-477 § 1. Code 1961 § 25-10).
13.04.100 Connections to pumps, boilers, and other apparatus – Generally.
It is unlawful for any person to draw any water from any pipes or water mains of the city directly into any stationary steam boiler, hydraulic elevator, power pump or similar apparatus. (Code 1961 § 25-11).
13.04.110 Connections to pumps, boilers, and similar apparatus – Permit.
If a consumer desires water from the city to be used in any stationary steam boiler, hydraulic elevator, power pump or similar apparatus, the consumer shall first apply therefor in writing to the council, and if a permit is granted by the council, such consumer must provide a tank or reservoir of such capacity as is required by standard practice. No such tank or reservoir shall be installed or used unless and until the plans and specifications have been examined and approved in writing by the city engineer or water department. (Code 1961 § 25-12).
13.04.120 Prohibited interferences with system.
It is unlawful for any person to open any fire hydrant, street hydrant, stopcock, gate, or valve or to interfere in any manner with any street water service, water connection or any water meter attached to any service pipe connected with the water mains; or to turn on or off water mains or water pipes of the city; or to tap, break, or injure any water main or water pipe of the city, or any reservoir of the city; or to tap any water service pipe, or take or draw water from any water main, pipe, or hydrant of the city without paying the established water rental therefor, after having made written application therefor as provided by this division, or in anywise to trespass upon the public property of the water department, without written permission first being obtained from the water department. (Code 1961 § 25-13).
13.04.130 Application for service – Generally.
Before any water will be supplied by the city to any person who requires a connection from the city-owned water mains to water pipes on any real property, the owner or occupant of the property shall make a written application for such service and service connection, upon a form provided by the city at the office of the city clerk. (Code 1961 § 25-14).
13.04.140 Application for service – False statements prohibited.
No person who prepares or signs any application pursuant to this division shall willfully make any false statement or furnish false data therein. (Code 1961 § 25-15).
13.04.150 Connection to water mains.
Upon the applicant for water service having complied with all the requirements relating to written application for service, the city will cause the property described to be connected with the city water mains, subject to the provisions of this division and the rules and regulations of the council. (Code 1961 § 25-16).
13.04.160 Common service pipes prohibited.
No water shall be served to two or more parcels of property separately owned through a common service pipe. (Code 1961 § 25-17).
13.04.180 Shutting off water at consumer’s request.
A. Upon the written application of the owner or occupant of a building or premises to have the water shut off on the supply side of the meter, the city shall have such water shut off, and at the time of so doing shall record the reading of the meter and render a bill in a sum which shall be the greater of the amount of the water used according to the rates and charges provided for, or for the monthly minimum charge due for the fractional part of the month.
B. Service will be discontinued and water service cut off by the city within 48 hours of receiving written notice from a consumer to discontinue water service. (Code 1961 §§ 25-19, 25-20).
13.04.190 Turning water on without consent prohibited.
It is unlawful for any person to turn on the water after such water shall have been turned off by the water department without the written consent of the water department. (Code 1961 § 25-21).
13.04.200 Transporting metered water across property lines prohibited – Exception.
Water served through a meter shall not be transported through pipes or conduits across lot lines or property lines unless to serve a building, apartment house, court, or other multiple dwelling which occupies contiguous lots, in which event, water through one meter may be transported across property lines to serve such building, apartment house, court or other multiple dwelling. (Code 1961 § 25-22).
13.04.210 Supplying water to others prohibited.
It is unlawful for any person to supply water to any other person other than the occupants of the premises of such consumer. As used in this section, “supply water” shall be construed to mean furnishing such a quantity of water as would lend itself to measurement by a water meter. (Code 1961 § 25-23).
13.04.220 Conditions of service acceptance.
All applicants for service connections or water service shall be required to accept such conditions of pressure and service as are provided by the distributing system at the location of the proposed service connection, and to hold the department harmless from all damage arising from low pressure or high pressure conditions or interruptions of service. (Code 1961 § 25-24).
13.04.230 Right of city to turn water on or off in emergencies.
The city shall have the right in an emergency, to turn the water off or on without notice, but it shall be the duty of the water department to make reasonable effort to notify all consumers in advance of such an emergency that the water is to be turned off or on. (Code 1961 § 25-25).
13.04.240 Metering required.
Except as provided in FMC 13.04.210, water will not be furnished for any purpose except through a meter. (Code 1961 § 25-26).
13.04.250 Fire hydrants – Generally.
Fire hydrants are provided for the sole purpose of extinguishing fires and shall be opened and used only by the fire department or other officials of the municipality authorized to do so, or pursuant to FMC 13.04.260. (Code 1961 § 25-27).
13.04.260 Fire hydrants – Application for use and adherence to policy.
Persons wishing to take a supply of water from a fire hydrant must submit a bulk water application and, if approved by the city, each such person must comply with all rules and regulations established by the city concerning such use. (Ord. 2014-708 § 1. Code 1961 § 25-28).
13.04.270 Fire hydrants – Conditions of use.
Every person authorized to open a fire hydrant shall replace the cap on the outlet when the same is not in use and leave the hydrant in as good condition as when found, and such officer or person shall report to the water department or the fire chief any leaks or breaks or damage to the fire hydrant immediately upon discovery thereof. (Code 1961 § 25-29).
13.04.280 Water supplied for construction – Generally.
Notwithstanding the provisions of FMC 13.04.120, when water is required for construction purposes of any type, upon making proper application and payment of applicable fees, a service connection will be made with a main or at a hydrant at the most accessible point to the construction work. When the connection is not sufficiently accessible and water must be taken to the work site in a truck or tank, such supply shall be taken through the meter as installed. (Ord. 2014-708 § 2. Code 1961 § 25-30).
13.04.290 Water supplied for construction – Permits.
Notwithstanding the provisions of FMC 13.04.120, contractors or any persons desiring to use water in construction work where connections must be made other than through a meter shall in every case make written application, pay applicable fee, and obtain a written permit therefor from the water department before connecting with any water main, standpipe, or using water therefrom, and shall make the deposit required by the water department as sufficient, in its opinion, to cover the estimated cost of the water to be used. Such permit shall be exhibited upon the work for which it has been issued during the full time the water is being used pursuant to such permit. (Ord. 2014-708 § 3. Code 1961 § 25-31).
APPENDIX D
INVENTORY OF ALL NON-TESTABLE BACKFLOW PREVENTERS
UNDER CITY OWNERSHIP
Type of Device Brand and Model # Application
Required to
replace every
5 years?
Life of
fixture or
failure?
Meets
plumbing
code? Location
AVB Zurn Aquaflush urinal no yes yes WWTP Office bathtoom AVB Zurn Aquaflush toilet no yes yes WWTP Office bathtoom Air Gap Eye Wash Station no yes yes WWTP Laboratory
AVB Sloan Royal urinal no yes yes WWTP Operations building bathroom AVB Sloan Royal urinal no yes yes WWTP Operations building bathroom AVB Sloan Royal toilet no yes yes WWTP Operations building bathroom AVB Sloan Royal toilet no yes yes WWTP Operations building bathroom Air Gap Eye Wash Station no yes yes WWTP EFF Caustic Shed Air Gap Eye Wash Station no yes yes WWTP Chlorine Room
Air Gap Eye Wash Station no yes yes Corrosion Control Facility AVB Sloan urinal no yes yes City Hall Men's Bathroom
AVB Sloan urinal no yes yes Riverlodge Men's Bathroom
AVB Sloan urinal no yes yes Riverlodge Men's Bathroom
AVB Sloan urinal no yes yes Riverlodge Men's Bathroom
AVB Sloan urinal no yes yes Riverlodge Men's Bathroom
AVB Sloan urinal no yes yes Riverlodge Men's Bathroom
AVB Sloan urinal no yes yes Riverlodge Men's Bathroom
AVB Sloan toilet no yes yes Riverlodge Men's Bathroom
AVB Sloan toilet no yes yes Riverlodge Men's Bathroom
AVB Sloan toilet no yes yes Riverlodge Men's Bathroom
AVB Sloan toilet no yes yes Riverlodge Men's Bathroom
AVB Sloan toilet no yes yes Riverlodge Men's Bathroom
Single Check Valve Manitowoc Ice Machine no yes yes Riverlodge Kitchen AVB Sloan Toilet no yes yes Riverlodge Women's Bathroom AVB Sloan Toilet no yes yes Riverlodge Women's Bathroom AVB Sloan Toilet no yes yes Riverlodge Women's Bathroom AVB Sloan Toilet no yes yes Riverlodge Women's Bathroom AVB Sloan Toilet no yes yes Riverlodge Women's Bathroom AVB Sloan Toilet no yes yes Riverlodge Women's Bathroom AVB Sloan Toilet no yes yes Riverlodge Women's Bathroom AVB Sloan Toilet no yes yes Riverlodge Women's Bathroom AVB Sloan Toilet no yes yes Riverlodge Women's Bathroom AVB Sloan Toilet no yes yes Riverlodge Women's Bathroom AVB Sloan Toilet no yes yes Riverlodge Women's Bathroom AVB Sloan Toilet no yes yes Riverlodge Women's Bathroom AVB Sloan Urinal no yes yes Rohner Park Men's Public Bathroom AVB Sloan Urinal no yes yes Rohner Park Men's Public Bathroom AVB Sloan Urinal no yes yes Rohner Park Men's Public Bathroom AVB Sloan urinal no yes yes Rohner Park Men's Public Bathroom AVB Sloan urinal no yes yes Rohner Park Men's Public Bathroom AVB Sloan Toilet no yes yes Rohner Park Men's Public Bathroom AVB Sloan Toilet no yes yes Rohner Park Women's Public Bathroom AVB Sloan Toilet no yes yes Rohner Park Women's Public Bathroom AVB Sloan Toilet no yes yes Rohner Park Women's Public Bathroom AVB Sloan Toilet no yes yes Rohner Park Women's Public Bathroom Air gap Eye Wash Station no yes yes Rohner Park Main office AVB Sloan toilet no yes yes Bocce Ball Ct Womans Bathroom AVB Sloan toilet no yes yes Bocce Ball Ct Men's Bathroom AVB Sloan Urinal no yes yes Bocce Ball Ct Men's Bathroom AVB Sloan Toilet no yes yes Rohner park Pavillion Men's Bathroom AVB Sloan Toilet no yes yes Rohner park Pavillion Men's Bathroom AVB Sloan Toilet no yes yes Rohner park Pavillion Men's Bathroom Air Gap Urinal Trough no yes yes Rohner park Pavillion Men's Bathroom AVB Sloan Toilet no yes yes Rohner park Pavillion women's Bathroom AVB Sloan Toilet no yes yes Rohner park Pavillion women's Bathroom AVB Sloan Toilet no yes yes Rohner park Pavillion women's Bathroom AVB Sloan Toilet no yes yes Rohner park Pavillion women's Bathroom AVB Sloan Toilet no yes yes Rohner park Pavillion women's Bathroom AVB Sloan Toilet no yes yes Rohner park Pavillion women's Bathroom Air Gap Eye Wash Station no yes yes Newburg Park G1 garage AVB Sloan toilet no yes yes Newburg Park Men's Bathroom AVB Sloan Toilet no yes yes Newburg Park Men's Bathroom AVB Sloan Toilet no yes yes Newburg Park Women's Bathroom AVB Sloan Toilet no yes yes Newburg Park Women's Bathroom AVB Sloan toilet no yes yes Newburg Park Women's Bathroom AVB Lawnlife 1" Irrigation no yes yes Monday Club (back yard) AVB Champion 1" Irrigation no yes yes 9th/Main St South (909 Main St) AVB Champion 1" Irrigation no yes yes 9th/Main St North (906 Main St) AVB Champion 1" AS 466 Irrigation no yes yes 10th/Main St SW (955 Main St) AVB Champion 1" AS 466 Irrigation no yes yes 10th/Main St SE (1001 Main St) AVB Champion 1" AS 466 Irrigation no yes yes 10th/Main St NE (1006 Main St) AVB Champion 1" AS 466 Irrigation no yes yes 10th/Main St NW (954 Main St) AVB Champion 1" AS 466 Irrigation no yes yes 11th/Main St SW (1055 Main St) AVB Champion 1" AS 466 Irrigation no yes yes 11th/Main St SE (1103 Main St) AVB Champion 1" AS 466 Irrigation no yes yes 11th/Main St NE (1100 Main St) AVB Champion 1" AS 466 Irrigation no yes yes 11th/Main St NW (1058 Main St) AVB Champion 1" AS 466 Irrigation no yes yes 13th/Main St SW (1257 Main St) AVB Champion 1" AS 466 Irrigation no yes yes 13th/Main St SE (699 13th St) AVB Champion 1" AS 466 Irrigation no yes yes 13th/Main St NE (1336 Main St) AVB Champion 1" AS 466 Irrigation no yes yes 13th/Main St NW (1260 Main St, 13th St side) AVB Champion 1" AS 466 Irrigation no yes yes 13th/Main St NW (1260 Main St, Main St side) AVB Champion 1" AS 466 Irrigation no yes yes 14th/Main St S (1357 Main St) AVB Champion 1" AS 466 Irrigation no yes yes 14th/Main St N (1360 Main St) AVB Orbit 1" Irrigation no yes yes 12th Street Side parking lot (621 11th Street) AVB Lawnlife 1" Irrigation no yes yes 12th/L St (Across from City Hall) Consent Agenda Item 3v
STAFF REPORT
Consent Agenda Item
DATE: July 20, 2026
TO: Honorable Mayor and Council Members
FROM: Siana L. Emmons, Human Resources Director/City Clerk THROUGH: Amy Nilsen, City Manager
SUBJECT: Receive and File the Appointment of Mayor Pro Tem Trent to the Local Agency Formation Commission
STAFF RECOMMENDATION:
Receive and file the appointment of Mayor Pro Tem Tami Trent to serve as a City Member Commissioner on the Humboldt Local Agency Formation Commission (LAFCo) as an outside appointment concurrent with her service on the Fortuna City Council.
EXECUTIVE SUMMARY:
The Humboldt Local Agency Formation Commission (LAFCo) is an independent public agency established by the State of California to oversee changes in local governmental organization and to encourage the orderly development of communities throughout Humboldt County. Every county in California has a LAFCo operating under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.
The Humboldt LAFCo is composed of representatives from the County of Humboldt, incorporated cities, independent special districts, and a public member. City representatives are selected to represent the interests of all incorporated cities within Humboldt County rather than any single jurisdiction. Commissioners serve fixed terms and participate in regular public meetings addressing matters affecting local government organization and service delivery throughout the county.
Pursuant to Government Code Section 56335, the City Selection Committee is responsible for appointing both regular and alternate city representatives to LAFCo. Mayor Johnson is the representative on the City Selection Committee and the City Selection Committee appointed Mayor Pro Tem Tami Trent to LAFCo. This appointment to the Humboldt LAFCo provides the City of Fortuna with representation on an important regional commission that helps shape the future organization of local government, municipal service delivery, and orderly community growth throughout Humboldt County. Council acknowledgment of this outside appointment recognizes the value of regional collaboration and the City's continued participation in countywide governance.
RECOMMENDED COUNCIL ACTION:
Motion to receive and file the staff report regarding the new appointment of Mayor Pro Tem Trent to LAFCo. Consent Agenda vote.
Business Agenda Item 4a
STAFF REPORT
Business Agenda Item
DATE: July 20, 2026
TO: Honorable Mayor and Council Members
FROM: Brendan Byrd, Community Development Director/City Engineer SUBJECT: Direct Staff to Nominate Census-Tracts within the City of Fortuna for Opportunity Zone 2.0 Designation, Resolution 2026-28
STAFF RECOMMENDATION:
Adopt Resolution 2026-28, a Resolution of the Fortuna City Council Authorizing the Community Development Director/City Engineer to submit a nomination of census tracts identified in Fortuna for Opportunity Zone 2.0 designation.
EXECUTIVE SUMMARY
Opportunity Zones are a federal program that encourages private investment in economically distressed communities through capital gains tax incentives. Originally established under the Tax Cuts and Jobs Act of 2017, Congress recently reauthorized and expanded the program, now called Opportunity Zone 2.0.
Opportunity Zone 2.0 establishes a new designation process that requires states to nominate eligible census tracts for designation. Governors may nominate up to 25 percent of eligible census tracts within their state. California has identified 2,469 eligible census tracts, of which up to 618 may be nominated for designation.
The Governor's Office of Business and Economic Development (GO-Biz) has invited local governments to submit eligible census tracts for consideration, including a ranking of preferred priority. Approved designations become effective in January 2027.
Opportunity Zone designation serves as an economic development tool by encouraging long-term private investment in designated areas. Investors who reinvest eligible capital gains through Qualified Opportunity Funds receive federal tax incentives, making projects within Opportunity Zones more attractive for private financing. Unlike traditional grant programs, Opportunity Zones do not provide direct public funding. Instead, the designation can improve access to private equity for projects such as multi-family housing, mixed-use development, commercial redevelopment, historic rehabilitation, manufacturing, and business expansion.
Three census tracts within or partially within the City of Fortuna meet the federal eligibility requirements. Staff evaluated each tract based on the State's published competitive selection criteria, including poverty rate, median family income, development potential, land use, and alignment with California's targeted investment sectors. Staff recommends the Council authorize staff to apply to the state for Opportunity Zone designations for the following three census tracts, listed in order of priority.
Maps showing each census tract are also shown in Attachment 2.
Business Agenda Item 4a
Priority 1 – Census Tract 06023010901 (Highest Priority) • Includes Redwood Village and the significant majority of the Mill District. • Meets both federal income eligibility thresholds.
• Contains a Low-Moderate concentration of Housing Element-identified vacant sites. • Is predominantly zoned for mixed-use, commercial, and higher-density residential development.
• Contains the highest density of readily available vacant commercial land for development.
Priority 2 – Census Tract 06023011000 (Moderate Priority) • Includes a portion of the lower Mill District, and Strongs Creek Plaza. • Meets one of the federal income eligibility thresholds. • Contains a moderate amount of vacant land for new housing development along Ross Hill Road.
• Is predominantly zoned for Single Family Development and has moderate potential for MixedUse/Commercial Development.
Priority 3 – Census Tract 06023010800 (Lowest Priority) • Includes the Riverwalk District and a small portion of the western Mill District that borders US Route 101
• Meets one of the federal eligibility thresholds.
• Has moderate potential for redevelopment and vacant mixed commercial use land available. • Predominantly zoned for development to attract the touring public.
With approval from the Council staff would immediately move to apply, as the application deadline for the program is July 20th, 2026.
FINANCIAL IMPACT:
There is no fiscal impact against the City’s 2026/2027 budget as the application has no cost, and this designation would not result in the use or loss of public funds in the future. There is expanded potential for future economic development should businesses take advantage of the capital gains tax incentives in designated Opportunity Zones. The applications themselves are simple and will take minimal staff time to complete.
RECOMMENDED COUNCIL ACTION:
1. Receive staff presentation and review Council questions with staff.
2. Open and close Public Comment.
3. Make a motion to direct staff to complete and submit the Opportunity Zone 2.0 Application to the California Business and Economic Development and adopt Resolution 2026-28, read by title only. Roll Call vote.
Business Agenda Item 4a
ATTACHMENTS:
1. Resolution 2026-28, A Resolution of the City Council of the City of Fortuna Approving the Nomination of Eligible Census Tracts for Opportunity Zone 2.0 Application
2. Attachment 2: Maps of Eligible Opportunity Zone Census Tracts.
RESOLUTION 2026-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA
APPROVING THE NOMINATION OF ELIGIBLE CENSUS TRACTS FOR
OPPORTUNITY ZONE 2.0 APPLICATION
WHEREAS; Opportunity Zones are a federal economic development program established to encourage long-term private investment in economically distressed communities through federal capital gains tax incentives; and
WHEREAS; Congress has reauthorized the Opportunity Zone program through Opportunity Zone 2.0, establishing a new designation process for eligible census tracts; and WHEREAS; the Governor's Office of Business and Economic Development (GO-Biz) has invited local governments to submit eligible census tracts for consideration as part of the State's nomination process; and
WHEREAS; three census tracts located within or partially within the City of Fortuna meet the federal eligibility requirements for Opportunity Zone 2.0 designation; and WHEREAS; City staff determined that Census Tracts 06023010901, 06023011000 and 06023010800 represent the strongest candidates for nomination based on their eligibility, redevelopment potential, development-ready zoning, concentration of Housing Element opportunity sites, and ability to support future private investment; and WHEREAS; the City Council finds that Opportunity Zone 2.0 designation is an important economic development tool that may increase private investment, support housing production, encourage business expansion, support redevelopment of underutilized properties, and strengthen Fortuna’s local economy.
NOW THEREFORE, BE IT RESOLVED that the Fortuna City Council of the City of Fortuna authorizes submission of Resolution 2026-28 to the Governor's Office of Business and Economic Development as evidence of the City's support for the proposed Opportunity Zone 2.0 nomination in the below order of priority:
1. Census Tract 06023010901 (Upper Mill Site)
2. Census Tract 06023011000 (Southern Mill Site)
3. Census Tract 06023010800 (Riverwalk area)
PASSED, APPROVED AND ADOPTED by the City Council of the City of Fortuna on this 20th day of July 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mike Johnson Mayor, City of Fortuna
ATTEST
___________________________
Siana L. Emmons, City Clerk
Opportunity Zones 2.0
ATTACHMENT 2
Maps of Eligible Opportunity Zone Census Tracts
Source: Novogradac OZ 2.0 Map
Southern Mill District
Strongs Creek Plaza
Ross Hill Road
Riverwalk District
Business Agenda Item 4b
STAFF REPORT
Business Agenda Item
DATE: July 20, 2026
TO: Honorable Mayor and Council Members
FROM: Gary Goade, Building Official
THROUGH: Amy Nilsen, City Manager
SUBJECT: A Public Hearing to Consider Repealing and Replacing Title 15, Building and Construction; Division I, Generally; Chapter 15.10, Building Codes with the 2025 California Building Codes as Mandated by the California Building Standard Commission and Department of Housing and Community Development, Ordinance 2026-787
STAFF RECOMMENDATION:
Introduce and hold a first reading of Ordinance 2026-787 and adopt the California Building Codes and appendices updating the Fortuna Municipal Code.
EXECUTIVE SUMMARY:
The California Building Standards Commission is responsible for administering California's building codes, including adopting, approving, publishing, and implementing codes and standards.
The California Building Standards Code is published every three years and amends the California Code of Regulations, Title 24. These codes, based substantially on the model uniform codes published by the International Code Council, are commonly referred to as the California Building Code (“Code”), and include, but are not limited to, building, plumbing, mechanical, electrical, fire and energy codes.
In January 2025, the State of California Building Standards Commission adopted the following California codes specific to California: California Energy Code, California Administrative Code, California Existing Building Code, California Historical Building Code, and the California Green Building Standards Code. The new California Code of Regulations, Title 24, was published in July 2025. The codes adopted by the Building Standards Commission go into effect 180 days after publication by the State and must be enforced by each City and County as of January 1, 2026.
The purpose of the codes is to establish the minimum requirements to safeguard the public health and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting and ventilation, and energy conservation; safety to life and property from fire and other hazards attributed to the built environment, and to provide safety to firefighters and emergency responders during emergency operations.
The provisions of these codes buildings to the administration, plan checking, technical inspections, code enforcement, mobile home inspection, prescribing regulations for erecting, construction, Business Agenda Item 4b
alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structures throughout the State of California and to enforce state-mandated codes.
In addition to the State Building Codes, staff are proposing a limited number of administrative amendments. Local amendments may be adopted for administrative (nonstructural) purposes to facilitate implementation of the codes by staff. Specific amendments are proposed to establish terms and procedures for permit expiration, engineering of commercial buildings to allow waivers by the Building Official, property survey waiver by the Building Official, violation penalties; the specific amendments are listed in the Ordinance under Code Section 15.10.015.
Attachment 1 presents the proposed ordinance adopting the codes into the Fortuna Municipal Code. All of the California Building Codes required to be adopted by the City of Fortuna are listed in Attachment 2. For reference, Attachment 3 includes the existing Municipal Code sections to be deleted.
A copy of the 2025 Building Codes will be on file in the office of the Building Official and available for use and examination by the public.
ALTERNATIVE TO STAFF RECOMMENDATIONS:
Council could elect not to adopt Ordinance 2026-787, which will update Title 15 -Building Code, of the Fortuna Municipal Code. This would most likely result in the City facing severe consequences including but not limited to increased risk during natural disasters, financial penalties and higher insurance rates for residents. In California, cities that fail to update their local building standards or align with state housing elements can face state-level lawsuits, large fines, and the suspension of local building permitting authority RECOMMENDED COUNCIL ACTION:
1. Receive staff report and review questions with staff;
2. Open the Public Hearing;
3. Close the Public Hearing;
4. Motion to introduce and hold a first reading of Ordinance 2026-787, read by title only and continue the Public Hearing to Monday, August 3, 2026, for the second reading and adoption.
Roll Call vote.
ATTACHMENTS:
1. Attachment 1 - Ordinance 2026-787, An Ordinance of the City Council of the City of Fortuna Repealing and Replacing Title 15 – Buildings and Construction; Division I.
Generally; Chapter 15.10, Building Code of The Fortuna Municipal Code Business Agenda Item 4b
ATTACHMENT 1
ORDINANCE 2026-787
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA REPEALING AND REPLACING TITLE 15 – BUILDINGS AND CONSTRUCTION DIVISION I. GENERALLY; CHAPTER 15.10, BUILDING CODE OF THE FORTUNA
MUNICIPAL CODE
WHEREAS, the California Building Standards Commission is responsible for administering California's building codes, including adopting, approving, publishing, and implementing codes and standards; and
WHEREAS, the California Building Standards Code is published every three years and amends the California Code of Regulations, Title 24; and
WHEREAS, these codes, based substantially on the model uniform codes published by the International Code Council, are commonly referred to as the California Building Code (“Code”), and include, but are not limited to, building, plumbing, mechanical, electrical, fire and energy codes; and
WHEREAS, on January 1, 2025, the State of California Building Standards Commission adopted the following California codes specific to California: California Energy Code, California Administrative Code, California Existing Building Code, California Historical Building Code, and the California Green Building Standards Code; and
WHEREAS, the new California Code of Regulations, Title 24, was published in July 2025.; and WHEREAS, the codes adopted by the Building Standards Commission go into effect 180 days after publication by the State and must be enforced by each City and County as of January 1, 2026.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FORTUNA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1
Title 15 – Buildings and Construction; Division I., Generally; Chapter 15.10, Building Code, of the Fortuna Municipal Code is hereby repealed and replaced in its entirety with Exhibit A attached to the ordinance codified in this title, division, and chapter and on file in the city clerk’s office.
Section 2
The effective date of this ordinance is thirty (30) days after its adoption by the City Council.
INTRODUCED AND FIRST READING PERFORMED on the 20th day of July 2026 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Business Agenda Item 4b
ATTEST:
________________________________
Mike Johnson, Mayor
_______________________________
Siana L. Emmons, City Clerk
SECOND READING PERFORMED AND ADOPTED on the 3rd day of August 2026 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
__________________________
Mike Johnson, Mayor
___________________________________
Siana L. Emmons, City Clerk
CERTIFICATE
I, Siana L. Emmons, City Clerk of the City of Fortuna, do hereby certify that Ordinance 2026-787 was INTRODUCED at a regular meeting of the Fortuna City Council held the 20th day of July 2026, and was thereafter PASSED, ADOPTED AND ORDERED TO PRINT at a regular meeting of the Fortuna City Council held the 3rd day of August 2026. I further certify that Ordinance 2026-787 was duly posted and published pursuant to law and the Charter of the City of Fortuna and is a true and correct copy.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Fortuna, California, and this 3
rd day of August 2026.
Siana Emmons
City Clerk, City of Fortuna
Business Agenda Item 4b
Ordinance 2026-787 –Exhibit A
FORTUNA MUNICIPAL CODE
Title 15
BUILDING AND CONSTRUCTION
Division I. Generally
Chapter 15.10
BUILDING CODE
Sections:
15.10.010 2025 California Building Standards Code
15.10.015 Changes to City of Fortuna’s adopted Chapter 1 Division II: Administration.
15.10.020 Severability
15.10.030 Fees
15.10.010 2025 California Building Standards Codes
In January 2025, the State of California Building Standards Commission adopted many of these codes with amendments and published them as California codes. The new California Code of Regulations, Title 24, was published in July 2025. The codes adopted by the Building Standards Commission go into effect 180 days after publication by the State and must be enforced by each City as of January 1, 2026. The 2025 California Building Standards Code will be enforced.
The following codes are designed to increase the health & safety of the public and to reduce the potential of property damage from fire, earthquakes and other natural or manmade disasters. The City of Fortuna adopts the California Code of Regulations, Title 24 for the purpose of plan checking, technical inspections, code enforcement, mobile home inspection, prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height and area of buildings & structures and to enforce state-mandated codes related to construction.
A. CALIFORNIA ADMINISTRATIVE CODE. 2025 California Administrative Code (Part 1 of Title 24), based on the 2024 International Building Code (IBC).
B. CALIFORNIA BUILDING CODE. 2025 California Building Code (Part 2 of Title 24), including Chapter 1 Division II (Administration), and Appendices A (Qualifications), C (Agriculture), F (Rodent Proofing), G (Flood Resistant), H, (Signs), I (Patio Covers), J (Grading), N (Replicable Buildings) and O (Emergency Housing), based on the 2024 International Building Code (IBC).
C. CALIFORNIA RESIDENTIAL CODE. 2025 California Residential Code (Part 2.5 of Title 24), including Chapter 1 Division II (Administration), and Appendices H (Patio Covers), J (Existing Building and Structures), K (Sound Transmission), Q (Tiny Houses), R (Light-Straw-Clay Construction), S (Strawbale Construction), T (Solar-Ready Business Agenda Item 4b
provisions), V (Swimming Pool Safety Act), X (Emergency Housing), based on the 2024 International Residential Code (IRC).
D. CALIFORNIA ELECTRICAL CODE. 2025 California Electrical Code (Part 3 of Title 24), based on the 2023 National Electrical Code (NEC).
E. CALIFORNIA MECHANICAL CODE. 2025 California Mechanical Code (Part 4 of Title 24), including Chapter 1 Division II (Administration), based on the 2024 Uniform Mechanical Code (UMC).
F. CALIFORNIA PLUMBING CODE. 2025 California Plumbing Code (Part 5 of Title 24), including Chapter 1 Division II (Administration), and Appendices A (Recommended Rules for Dizing), B (Eplanatory notes), C (Alternate Plumbing Systems), D (Sizing Sormwater Drains Systems), G (Sizing of Venting Systems), I (Installation Standard for PEX Tubing Systems) and K (Portable Rainwater Catchment Systems), L (Sustainable Practices), based on the 2024 Uniform Plumbing Code (UPC).
G. CALIFORNIA ENERGY CODE. 2025 California Energy Code (Part 6 of Title 24).
Including Chapter 1 Division II (Administration).
H. CALIFORNIA HISTORICAL BUILDING CODE. 2025 California Historical Building Code (Part 8 of Title 24) including Chapter 1 Division II (Administration).
I. CALIFORNIA FIRE CODE. 2025 California Fire Code (Part 9 of Title 24), including Chapter 1 Division II (administration), based on the 2024 International Fire Code (IFC).
J. CALIFORNIA EXISTING BUILDING CODE. 2025 California Existing Building Code (Part 10 of Title 24), including Chapter 1 Division II (Administration) and Appendices Chapter A1, A3 and A4, based on the 2024 International Existing Building Code (IEBC).
K. CALIFORNIA GREEN BUILDING STANDARDS CODE – “CAL Green.” 2025 California Green Building Standards Code (Part 11 of Title 24). including Chapter 1 Division II (Administration).
L. CALIFORNIA REFERENCED STANDARDS CODE. 2025 California Referenced Standards Code (Part 12 of Title 24)
M. 1997 UNIFORM HOUSING CODE. 1997 Uniform Housing Code, published by the International Conference of Building Officials as referenced by the California Department of Housing and Community Development and pursuant to the provisions of Section 17958, 17958.5, 17958.7, 17958.9 and 17959 of the California Health and Safety Code.
.
Where the California Building Standards Code Regulations listed above differ from any provisions of the International or Uniform Codes, California Building Standards Codes shall prevail.
15.10.015 Changes To City of Fortuna’s Adopted Chapter 1 Division II: Administration.
Business Agenda Item 4b
A. Permit Expiration: The first paragraph of CBC Chapter 1 Division II, Section 105.5 and CRC Chapter 1 Division, Section R105.5 is changed to read:
Every permit issued shall expire two years from the date of issuance. Every permit shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of more than 180 days. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Once a building permit has expired, work can be recommenced only after that permit is renewed or a new permit is issued. The fee, therefore, shall be onehalf the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit expired, suspended or abandoned by over one year, the permittee shall pay a new full permit fee. The new permit will be issued and also inspected utilizing the codes that are adopted and in force at that moment.
B. Engineering Requirement: The following shall be added to CBC Chapter 1 Division II, Section 107.1: and CRC Chapter 1 Division II, Section R106.1:
All structures or buildings classified in Occupancy Groups A, B, E, F, H, I, M, R, S, and U shall be designed by an architect or civil/structural engineer, licensed/registered in the State of California. All plans will be deemed to have complied with the requirements of this Section, provided that they are prepared in accordance with sections 6731, 6737, 6737.1 of the Business and Professions Code.
Exception:
The Building Official may consider a waiver of this requirement when a California licensed General Contractor can demonstrate to the satisfaction of the building department that they are capable of providing the necessary information and constructing the project without having a project be designed by an architect or civil/structural engineer, licensed/registered in the State of California.
C. Topographic Survey and Boundary Survey Requirements: The following shall be added to CBC Chapter 1 Division II, Section 107.1: and CRC Chapter 1 Division, Section R106.1:
For new construction, all lots will require a Topographic Survey prepared by a California licensed Land Surveyor, or Civil Engineer licensed to perform such services.
Exception:
The Building Official may waive the Topographic Survey requirements for minor additions and alterations. The Building Official may also consider a waiver of this requirement based on a written request and a determination that topographic information is not necessary for the proposed project.
Business Agenda Item 4b
For new construction, all lots will require a Boundary Survey prepared by a California licensed Land Surveyor or Civil engineer licensed to perform such services.
Exception:
The Building Official may consider a waiver of the Boundary Survey requirements when a California licensed General Contractor can show the building department all the corner markers identified on an existing survey. The Building Official may also waive the Boundary Survey requirements for minor additions or alterations D. Work Commencing Before a Permit is Issued: The following shall be added to CBC Chapter 1 Division II, section 109.4: and CRC Chapter 1 Division, Section R108.6:
Any person who commences any work for which a permit is required, such as, but not limited to: grading, demolition, or on a building, structure, electrical, gas, mechanical, fire protection or plumbing system before obtaining the necessary permits shall be subject to a fee established by fee resolution that shall be in addition to the required permit fees.
Double Building Permit Fees will apply at a minimum of $500.00 plus $500.00 fine may be added for each violation (type of construction) where a building permit should have been issued. For where any person or company is found doing other projects and/or work commencing before a permit is issued, the project fine will be charged at compounding fees.
E. Related fees: The following shall be added to CBC Chapter 1 Division II, section 109.5: and CRC Chapter 1 Division, Section R108.4
The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
Fees to be paid before further construction or de-construction can proceed.
F. Violation Penalties: The following shall be added to CBC Chapter 1 Division II, section 114.4:
and CRC Chapter 1 Division, Section R113.4
Any person who violates any of the provisions of this Title, or who violates or fails to comply with any order made hereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved hereunder is guilty of an infraction unless otherwise provided, and punishable by a fine of not more than five hundred dollars ($500), and/or imprisonment for not more than six (6) months for each and every such violation and noncompliance. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time.
When not otherwise specified, each five (5) days that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be the exclusive remedy nor shall the penalty be held to prevent the enforced removal of prohibited conditions. Any violation of this Title shall additionally constitute a public nuisance subject to abatement. Violation of this Title shall be punishable per offense by a fine set forth in the California Building Codes and the City of Fortuna. In addition, if a Business Agenda Item 4b
violation is found to have taken place, the hearing officer may also require payment of the City of Fortuna’s reasonable costs of processing and collection.
G. Stop Work Order Fee: The following shall be added to CBC Chapter 1 Division II, section 115: and CRC Chapter 1 Division, Section R114
Any person who commences any work for which a permit is required, such as, but not limited to: grading, demolition, or on a building, structure, electrical, gas, mechanical, fire protection or plumbing system, where a building permit is required by code, before obtaining the necessary permits shall be subject to a Stop Work Order Issuance fee of two hours at the overhead cost established by fee resolution. Investigation time (if needed) to investigate any unpermitted projects will be charged at the time used or needed.
15.10.020 Severability:
If any section or portion thereof of this Title is for any reason held to be invalid by a court of competent jurisdiction, such decision or determination shall not affect the validity of the remaining provisions of any part thereof.
15.10.030 Fees
The fees referenced in the Codes shall be those fees adopted by Resolution by the City Council of the City of Fortuna.
Business Agenda Item 4c
STAFF REPORT
Business Agenda Item
DATE: July 20, 2026
TO: Honorable Mayor and Council Members
FROM: Matthew Eberhardt, Interim Chief of Police
THROUGH: Amy Nilsen, City Manager
SUBJECT: Second Reading and Adoption of Ordinance 2026-786, Amending Chapter
6.04.050 of the Fortuna Municipal Code to Revise Enforcement and Penalty Provisions for Animal Control Violations
STAFF RECOMMENDATION:
Second reading and adoption, by title only, of Ordinance 2026-786, which proposes revisions to the penalty and enforcement provisions for animal control violations.
EXECUTIVE SUMMARY:
The Police Department is requesting a revision to Fortuna Municipal Code Title 6 Animals, code section 6.04.050 Penalty for Violations. The proposed revision would amend the municipal code to authorize the issuance of correctable citations for certain animal control violations under Fortuna Municipal Code Title 6.
Under the current municipal code, individuals cited for violations of Title 6 Animals are generally required to appear before the Humboldt County Superior Court, where penalties are determined in accordance with the California Bail and Penalties Fee Schedule.
The proposed amendment would allow certain violations to be treated as correctable violations, providing pet owners with the opportunity to remedy the issue prior to court proceedings. Upon proof of correction within thirty (30) days of issuance, the citation may be signed off by an Animal Control Officer or any sworn officer of the Fortuna Police Department.
DISCUSSION:
Under the existing municipal code, employees issuing animal control citations do not currently have the authority to issue a correctable citation. Citations issued under the current code generally require both the cited individual and the issuing employee to appear before a magistrate at the Humboldt County Superior Court in Eureka, California. Penalties are determined by the court utilizing the California Bail and Penalties Fee Schedule.
Currently, staff attempt to resolve violations through education, warning letters, and warning citations prior to issuing formal citations. Once formal citations are issued, both the cited individual and the issuing employee are generally required to appear in court, which may reduce staff availability for field and community services.
Business Agenda Item 4c
The proposed amendment would provide an additional enforcement option that encourages voluntary compliance while reducing unnecessary court appearances for minor violations.
For example, individuals cited for violations such as failing to license or register a dog could be issued a correctable citation requiring proof of compliance within thirty (30) days. Once proof of correction is provided, the citation may be signed off by the Animal Control Officer or a sworn officer of the Fortuna Police Department in lieu of requiring a court appearance. Correctable citations processed through the court may still include a processing fee through the courts, though not a standard fine amount associated with non-corrected violations.
Correctable citations are utilized successfully by the department for certain Vehicle Code violations, and staff anticipate similar compliance benefits for applicable animal control violations.
FISCAL IMPACT:
No fiscal impacts are anticipated. The proposed amendment may improve operational efficiency by reducing staff time associated with court appearances while increasing staff availability for community services and encouraging voluntary compliance with animal code regulations.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
Deny the proposed ordinance amendment – Not recommended.
Denial of the proposed amendment would maintain the current Municipal Code language, continuing to require court appearances for both cited individuals and staff for violations that may otherwise be resolved through corrective action.
RECOMMENDED COUNCIL ACTION:
1. Receive staff report and review questions with staff;
2. Open and close Public Comment
3. Motion to conduct a second reading and adopt Ordinance 2026-786, read by title only. Roll Call vote.
ATTACHMENTS:
Attachment A: Ordinance 2026-786, An Ordinance of the City Council of the City of Fortuna California, Amending Title 6 – Animals of the Fortuna Municipal Code by Revising Chapter 6.04– General Provisions Ordinance
Business Agenda Item 4d
STAFF REPORT
Business Agenda Item
DATE: July 20, 2026
TO: Honorable Mayor and Council Members
FROM: Kaylyn Stainbrook, Parks & Recreation Director
THROUGH: Amy Nilsen, City Manager
SUBJECT: Approve a Hiring Freeze Exception for a Full-Time Administrative Assistant II Position
STAFF RECOMMENDATION:
Approve an exception to the current hiring freeze to allow recruitment and appointment of the Full-Time Administrative Assistant II position.
EXECUTIVE SUMMARY:
The Parks and Recreation Department Administrative Assistant II position became vacant on July 7, 2026.
The Administrative Assistant II is an advanced-level office support position that works under the administrative direction of the Parks and Recreation Director and is responsible for supporting the smooth operation of the Parks and Recreation Department business office.
The Administrative Assistant II position provides critical support for Department operations, including facility rental coordination and processing, supporting the Transit Division as needed, processing recreation program enrollment, recordkeeping, monthly reporting, form preparation, supporting reception, and more.
The vacancy comes at a time when the Department is already operating with significant staffing and supervisory impacts. The Parks and Recreation Director is currently absorbing additional responsibilities as there are no Conference Center administrators nor Transit Supervisor.
Maintaining the Administrative Assistant II duties for an extended period is not sustainable and would reduce the Department's ability to provide timely, accurate, and consistent service to the public, support rentals and programs, maintain records, and keep public-facing materials current.
FISCAL IMPACT:
No additional appropriation is required at this time. The Administrative Assistant II position is an existing, budgeted position. This request does not create a new position or increase authorized staffing levels.
Business Agenda Item 4d
ALTERNATIVE TO STAFF RECOMMENDATION:
Denying the exception – Not recommended. This would leave the Administrative Assistant II position vacant and require the Parks and Recreation Director and remaining staff to continue absorbing essential administrative duties; thus, negatively impacting the Parks and Recreation Departments ability to maintain timely and accurate service.
RECOMMENDED COUNCIL ACTION:
1. Receive staff presentation and review Council questions with staff
2. Open and close Public Comment
3. Motion to approve an exception to the hiring freeze for the Full-Time Administrative Assistant II Position. Roll Call vote.
Business Agenda Item 4e
STAFF REPORT
Business Agenda Item
DATE: July 20, 2026
TO: Honorable Mayor and Council Members
FROM: Aaron Felmlee, Finance Director
THROUGH: Amy Nilsen, City Manager
SUBJECT: Authorize the City Manager to Execute a Contract for the Final Phase Fortuna Enhanced Infrastructure Finance District
STAFF RECOMMENDATION:
Receive the staff report, approve a supplemental budget allocation of $50,000, and authorize the City Manager to execute a contract with Kosmont Companies for the final phase of the Fortuna Enhanced Infrastructure Finance District (EIFD) and Fortuna Public Financing Authority (FPFA) formation process, contingent upon participation by the County of Humboldt.
EXECUTIVE SUMMARY:
On August 19, 2024, the City Council authorized the Interim City Manager to explore the establishment of a Fortuna Enhanced Infrastructure Finance District (EIFD). Subsequent research revealed that engaging a consultant was essential to assess the feasibility of forming an EIFD. The consultant’s scope of work includes evaluating boundary options and strategic considerations, as well as conducting a preliminary funding and financing analysis. On October 21, 2024, the City Council further authorized the Interim City Manager to execute a contract with Kosmont Companies to carry out this feasibility analysis.
On May 5, 2025, Kosmont Companies presented the findings of the Enhanced Infrastructure Finance District (EIFD) feasibility analysis to the City Council, including potential implementation options. In response, the Council expressed interest in exploring whether Humboldt County would be open to an EIFD partnership with the City. Subsequently, representatives from Kosmont, City staff, and County officials held several meetings to discuss the potential for collaboration and outline the next steps required to establish a joint EIFD.
On August 18, 2025, Council approved Kosmont to produce a comprehensive fiscal analysis to assess the long-term impacts of implementation on City and County property and sales tax revenues.
This analysis helped determine the potential benefits to the primary taxing entities, namely, the City of Fortuna and Humboldt County, resulting from their participation in the financing district.
Following receipt of the fiscal analysis (Attachment A), City staff met with County staff on several occasions to discuss County participation in the Enhanced Infrastructure Financing District (EIFD).
During the most recent meeting on April 22, 2026, County staff indicated they would likely request a share of future growth in the City’s Transient Occupancy Tax (TOT) revenues as a condition of participation.
To date, no other city participating in an EIFD has provided a share of increased TOT revenues to a county in exchange for its participation. Should the City pursue such an arrangement, the fiscal Business Agenda Item 4e
benefits identified for the City in the fiscal analysis would be reduced, while the fiscal benefits accruing to the County would increase. Due to this staff are not recommending pursuing this condition.
County staff also requested that currently entitled and permitted development projects be excluded from the EIFD boundaries. Excluding these projects would delay the generation of incremental tax revenues available to the EIFD, thereby extending the timeframe required to accumulate sufficient revenues to support bond issuance. Based on preliminary analysis, this delay could extend beyond ten years. Due to this staff are not recommending pursuing this condition.
County staff have indicated that their next step is to present an item to the Board of Supervisors regarding potential participation in the Fortuna EIFD. If the Board demonstrates a willingness to participate in the EIFD without requesting a share of future City Transient Occupancy Tax (TOT) growth, the subsequent steps would include adoption of resolutions of intention by both the City and County and formation of the Fortuna Public Financing Authority (FPFA).
Completion of these actions would require continued assistance from Kosmont and its specialized expertise in EIFD formation and implementation.
To ensure the City is positioned to move forward expeditiously should the County elect to participate, staff recommends approval of a supplemental budget appropriation of $50,000 to fund the final phase of the EIFD formation process. Expenditure of these funds would be contingent upon the County's full participation in the Fortuna EIFD.
ADDITIONAL BACKGROUND:
An EIFD is a special financing district, a governmental entity comprised of both public and private partners, and distinct from the entity that establishes it. EIFDs can aid communities in funding a wide and diverse variety of public capital improvement projects and other projects of communitywide significance outlined in state law, by capturing and leveraging property tax increment (PTI) generated within the EIFD area. The EIFD does not impose a new tax.
Improvements gained through EIFD funding support future development and result in increased property values. This generates increased property tax revenues from the “base year” which can then be leveraged for additional improvements.
Affected taxing entities are not required to contribute their PTI for the EIFD. Participation in the EIFD is voluntary. Each tax-sharing entity that elects to join the EIFD has the option to allocate up to 100% of its portion of tax increment to the district. The most financial benefit for the City would involve a partnership with one or more other taxing entities, such as the County of Humboldt, where dollars are pooled to fund projects within the City. Under the EIFD law, school districts are precluded from participation.
City of Fortuna Infrastructure and Mill District
The City of Fortuna has a number of necessary public capital improvement projects, such as improvements to the US 101 interchanges at 12th Street and Kenmar Road. US 101 bisects the City, cutting off the Riverwalk area from downtown and other areas of the City. The existing configuration at both interchanges is confusing, complex, and inefficient and results in excessive vehicle queuing and poor levels of service.
In addition, there are limited to no pedestrian and bicycle facilities allowing for safe multi-modal transport, no sense of community/place, and poor visual presentation. The City has significant Business Agenda Item 4e
residential and commercial development potential, but the current configuration limits economic and residential development opportunities. Improvements to these interchanges will allow for the growth of the City, reconnect the City to the Eel River, and allow for safe pathways for bicyclists and pedestrians. In addition, due to existing and expanding traffic volumes, these intersections will become a failure in 20 years, almost universally falling below identified General Plan performance targets.
The cost of interchange improvements is beyond what can be funded by development fees, and the City and region have limited funding available to continue to advance the projects described in this staff report. Again, these infrastructure projects are pivotal to facilitating the mill site buildout.
Through the years, staff have applied for many federal transportation grants that could fund all or a majority of these projects but have so far been unsuccessful in those applications.
The Mill District, particularly the Fortuna Mill Commerce Center as envisioned in the Mill Site Specific Plan, will be a hub for diverse use in the region. The area will be a well-designed center of commerce with flex space, transportation, general commercial, advanced manufacturing, medical, government, office, multi-family residential, and compatible industrial uses. For the Mill District to be fully actualized, the city’s infrastructure will need to be addressed. The EIFD is one potential funding source that may help address the infrastructure needs in Fortuna.
FINANCIAL IMPACT:
The professional services agreement with Kosmont to assist in the final formation of the Fortuna EIFD is estimated at $50,000. The funds for this agreement would come from General Fund reserves. The City’s General Fund reserves are estimated to end FY 26-27 at around $4.65 million, which is $1.1 million below the required minimum as set with the City’s reserve policy.
ALTERNATIVE TO STAFF RECOMMENDATIONS:
The City Council could elect not to pursue the formation of an EIFD and instead accumulate the necessary funding through other revenue sources. One option would be to dedicate the approximately $350,000 in annual revenue received from the Road Maintenance and Rehabilitation Account, which is funded through fuel taxes. Currently, these funds are used for contracted street maintenance projects and represent the majority of the City’s dedicated street maintenance funding.
Redirecting this revenue toward Mill Site infrastructure projects would significantly reduce contracted street maintenance project activities in the other areas of the City.
RECOMMENDED COUNCIL ACTION:
1. Receive staff report and review Council questions with staff
2. Open Public Comments
3. Close Public Comments
4. Approve the supplemental budget request in the amount of $50,000 and authorize the City Manager to execute a contract with Kosmont to assist in the final formation of the Fortuna Enhanced Infrastructure Finance District (EIFD) contingent upon participation by the County of Humboldt. Roll Call vote.
ATTACHMENTS:
• Attachment A – Fiscal Impact Analysis
• Attachment B – Supplemental Budget Request
Prepared by:
Kosmont Companies
Infrastructure Financing District
Analysis Summary
September 2025
Background and Summary
2 • The City of Fortuna is evaluating the use of a special purpose financing district such as an Enhanced Infrastructure Financing Districts (EIFD) to capture value from potential new development to fund critical infrastructure and community investment priorities • EIFD tax increment financing (TIF) capacity is estimated to range of up to $42M over time • In addition to the EIFD funding capacity, the EIFD would elevate the City’s ability to attract other public funding, particularly state and federal grants
• While a City-only financing district strategy would likely achieve favorable “return on investment” for the City, a broader partnership including the County of Humboldt would further improve financial feasibility
• City staff and consultants have had preliminary discussions with County staff and elected officials, which indicate receptiveness to the concept of EIFD partnership, subject to further financial analysis Background and Summary (Continued)
3 • Current analysis is focused on determining the appropriate amount of each participating agency’s financial participation (i.e., tax increment allocation), such that each agency would achieve a positive “return on investment” (i.e., general fund fiscal benefit) from EIFD participation • Draft fiscal impact analysis supports a range of 35% to 50% allocation from both the City and County to balance EIFD funding capacity and general fund fiscal benefit for each agency • Subject to further review and feedback from the City and County teams, immediate next steps could include consideration of a non-binding Resolution of Intention by each agency’s governing body 4 $0M
$100M
$200M
$300M
$400M
$500M
$600M
0 5 10 15 20 25 30 35 40 45 50 55
Years from District Formation
Note: Illustrative. Conservative 2% growth of existing assessed value (A/V) shown; does not include mark-to-market increases associated with property sales.
What is Tax Increment Financing (TIF) – Not a New Tax
Baseline Property Value at District Formation
All Property Tax Stays with General Fund
New Property Value from
New Development / Rehabilitation
Some Portion of Property Tax Available to TIF District, Remainder Stays with General Fund
Assessed
Property Value
within District
Boundaries
New Total
Value After
TIF District
All Property
Tax Goes to
General Fund
EIFD Fundamentals
Communicating in a Digital World
5 45 years from first bond issuance Long Term
Districts
Public Financing Authority (PFA) implements Infrastructure Financing Plan Governance (IFP) Mandatory public hearings for formation with protest opportunity; no public vote Approvals
Any property with useful life of 15+ years & of communitywide significance; purchase, construction, expansion, improvement, seismic retrofit, rehabilitation, and maintenance
Eligible
Projects
Types of Projects EIFD Can Fund
Partial List
6 Roadway / Parking / Transit
Brownfield Remediation
Storm / Flood / Public Facilities Parks / Open Space / Recreation Libraries & Childcare Facilities Affordable Housing
Broadband Small Business /
Nonprofit Facilities
Wildfire Prevention / Other
Climate Change Response
Why are Public Agencies Authorizing Financing Districts? 7 1. Return on Investment: Private sector investment induced by district commitment accelerates growth of net fiscal revenues, job creation, housing production, essential infrastructure improvements
2. Ability to attract additional funds / other public money (“OPM”) – tax increment from other entities (county, special districts), federal / state grants / loans (e.g., for transit-oriented development, water, housing, parks, remediation)
Districts in Progress Statewide
(Partial List of EIFDs/CRDs/CRIAs)
Fully Formed In Formation Process Under Evaluation
Jurisdiction Purpose
Apple Valley Industrial and housing supportive infrastructure Banning (CRIA) Downtown revitalization, industrial infrastructure Barstow Industrial and housing supportive infrastructure Brentwood Housing, employment, and transit-supportive infrastructure Buena Park Mall reimagination, tourism-supportive infrastructure Calipatria (CRD) Economic and climate resilience infrastructure Carson + L.A. County Remediation, affordable housing, recreation Citrus Heights Mall reimagination
Covina Downtown housing and blended use supportive infrastructure Fairfield Downtown, housing, and transit-supportive infrastructure Fresno Downtown, housing and transit-supportive infrastructure Fresno County Industrial and commercial supportive infrastructure Humboldt County Coastal mixed-use and energy supportive infrastructure Inglewood (CRD) Transportation and affordable housing
Imperial County Renewable energy, housing and infrastructure La Verne + L.A. County Housing and transit-supportive infrastructure Lakewood + L.A. County Mall reimagination, smart streets, affordable housing Long Beach Economic empowerment and affordable housing
Los Angeles (Downtown, San Pedro, other) Affordable housing and transit-supportive infrastructure Los Angeles County West Carson Housing / bio-science / tech infrastructure Madera County (3 Districts) Water, sewer, roads and other housing infrastructure Modesto + Stanislaus County Downtown, housing, and recreation infrastructure Mount Shasta Rural brownfield mixed-use infrastructure
Napa Downtown, housing, tourism supportive infrastructure Norwalk + L.A. County Affordable housing and infrastructure Ontario Airport-related, blended use, infrastructure
Palmdale + L.A. County Housing, blended use, transit infrastructure Pittsburg Housing, commercial, and tech park infrastructure Placentia + Orange County Housing and TOD infrastructure Rancho Cucamonga Blended use and connectivity infrastructure Redlands Education related blended use, mall reimagination Redondo Beach + L.A. County Parks / open space, recreation infrastructure Riverside County Thousand Palms Housing, hospitality, medical supportive infrastructure Sacramento County (Unincorporated) Industrial / commercial supportive infrastructure Salinas Water, sewer, and other housing supportive infrastructure San Rafael (EIFD + CRD) Blended-use and climate resilience infrastructure Sanger Commercial, hospitality, supportive infrastructure Santa Cruz (EIFD + CRD) Downtown, blended use, and climate resilience infrastructure Santa Rosa + County of Sonoma Downtown investment, affordable housing, aging infrastructure Vacaville Housing and business park infrastructure
Yucaipa Housing and commercial infrastructure
Report Card on City / County / Special District EIFD Partnerships 9 1. Placentia + Orange County
2. La Verne + Los Angeles County
3. Palmdale + Los Angeles County
4. Carson + Los Angeles County
5. Rancho Cucamonga + Rancho Cucamonga Fire Protection District
6. Lakewood + Los Angeles County
7. Stockton + Lathrop + Manteca + San Joaquin County
8. Gonzales + Monterey County
9. Santa Rosa + Sonoma County
Potential EIFD Boundary:
Specific Plan + Other Sites
10 • Focus on Mill Site Specific Plan area
and certain other opportunity site areas
along major corridors
• Approx. 372 acres (12% of City)
• Approx. $178M in existing assessed
value (13% of City)
Source: Humboldt County Auditor-Controller (2025)
11 a) Roadway interchange improvements
b) Pedestrian access to Eel River
c) Downtown improvements (e.g., streetscape, beautification) d) Other multimodal improvements
e) Trails
f) Parks and open space
g) Affordable housing
Example Potential Investments to Receive EIFD Funding
12 Example Development Assumptions with Specific Plan Area Absorption Assumed over ~20 Years
Note: AV at buildout values in current 2025 dollars
Sources: Mill District Specific Plan (October 2024 Draft); CoStar (2025) Area # SF or Units Estimated
AV Factor
Estimated
Total AV at Buildout
Residential 100 units $250K per unit $25.0 million
Hotel 125 units $250K per unit $31.3 million
Commercial / Retail / Flex 171,100 SF $300 PSF $51.3 million Industrial / Flex 693,400 SF $170 PSF $117.9 million
Total New Development Assumed within EIFD Study Area $194.2 million 13 • Primary non-school recipients and potential
contributors of property tax are City and County
• City share varies by area and averages ~4.5%
each of every $1 collected in property taxes
▪ City additionally receives equivalent of ~11.4% of
property tax in lieu of motor vehicle license fees
(MVLF), also available to EIFD
• County General Fund share varies by area and
averages ~15.5%
▪ County additionally receives property tax in lieu of
MVLF, also available to EIFD, but not incorporated
into this analysis to be conservative
• School-related entities cannot participate
As counties tend to rely more heavily on property tax revenue sources generated by new development within incorporated jurisdictions, it is Kosmont’s experience that it is not reasonable to assume allocation of property tax in lieu of MVLF by the County. As cities benefit from additional non-property tax revenue sources (e.g., sales tax, transient occupancy tax) from new development, it is Kosmont’s experience that it is reasonable for cities to consider contributing property tax in lieu of MVLF.
Tax Rate Area (TRA) weighted average distributions for EIFD Study Area shown. Post-ERAF (Education Revenue Augmentation Fund) distribution.
Parcels within former Redevelopment Agency Project Areas are subject to RPTTF revenue flow until expiration of ROPS obligations.
Source: Humboldt County Auditor Controller (2025)
Property Tax Revenues Available to EIFD
Property Tax Distribution
City
4.5% County
15.5%
Other / School
Entities (not eligible)
80.0%
+ MVLF ~11.4% = 15.9%
14 City allocation includes allocation from both AB8 + MVLF in-lieu. County allocation does not include MVLF in-lieu. * Bonding capacity assumes Year 5 is first bond issuance for EIFD. “Year 5 means fifth year of revenue following district formation. Net proceeds shown. Bondable revenue assumes $25,000 admin charge, 150% debt service coverage. 6.0% interest rate; 30-year term. Proceeds net of 2% underwriter's discount, estimated reserve fund (maximum annual debt service), costs of issuance estimated at $350,000.Source: Kosmont Financial Services (KFS), registered municipal advisor.
EIFD Revenue and Bonding Capacity Scenarios
EIFD Revenue
Allocation Scenario
Year 5
Accumulated
Revenue +
Bonding
Capacity*
Year 10
Accumulated
Revenue +
Bonding
Capacity*
50-Year
Present-Value
@ 3%
Discount Rate
50-Year
Nominal
Total
A) City 35% $94,000 $382,900 $5,467,400 $15,019,500
B) City 50% $134,300 $791,800 $7,810,600 $21,456,400
C) City 35% + County 35% $154,000 $1,004,500 $10,643,000 $29,442,100 D) City 50% + County 50% $220,000 $1,718,800 $15,204,200 $42,060,200 15 Estimated Fiscal Impacts by Agency
Note: Assumes installation of necessary public infrastructure.
Source: Kosmont Companies (2025)
Annual
@ Year 10
Year 0-50
Nominal
Total
Year 0-50
Present Value
@ 3.0%
City of Fortuna
Estimated Fiscal Revenues (Net of 50% EIFD Allocation) $1,231,700 $145,573,400 $56,525,300 Estimated Fiscal Expenditures ($335,300) ($49,858,100) ($18,851,900) Estimated Net Fiscal Impact to City $896,400 $95,715,300 $37,673,400 County of Humboldt
Estimated Fiscal Revenues (Net of 50% EIFD Allocation) $462,350 $64,760,500 $24,620,600 Estimated Fiscal Expenditures ($215,600) ($31,891,200) ($12,064,100) Estimated Net Fiscal Impact to County $246,750 $32,869,300 $12,556,500 County Measure O Sales Tax - Transportation $247,200 $37,413,500 $14,124,500 Public Agency and Community Return on Investment
16 • Housing: 200+ units
• Economic revitalization, addressing critical infrastructure needs • Job creation, wages:
▪ 2,100+ temporary construction-related jobs* in City and County, ~$153M related new wage income ▪ 780+ permanent jobs in the City and County, related ~$41M in new annual wage income • Acceleration of development and related fiscal revenues for taxing entities:
▪ $38 million in present-value fiscal benefit for CITY general fund over 50 years, net of tax increment contribution to TIF district and net of estimated fiscal expenditures (50% City TIF allocation scenario) ▪ $13 million in present-value fiscal benefit for COUNTY general fund over 50 years, net of tax increment contribution to TIF district and net of estimated fiscal expenditures (50% County TIF allocation scenario) ▪ $14 million in present-value new sales tax funding for COUNTY transportation services (separate from County general fund) • Attract other funding not otherwise available for projects within the community * Construction job-years, where one job-year is defined as one year of employment for one individual 17 Financing Districts work better with a Multi-Agency Partnership & Attract Other Funding
Other Public Sources
▪ Cap-and-Trade / HCD grant & loan
programs (AHSC, IIG, TCC,CERF)
▪ Prop 68 parks & open space grants
▪ Prop 1 water/sewer funds
▪ Caltrans ATP / HSIP grants
▪ Federal EDA / DOT / EPA funding
▪ Federal ARPA, Invest Act, IIJ Act
Other Private Sources
▪ Development Agreement / impact fees
▪ Benefit assessments (e.g., contribution
from CFD)
▪ Private investment
• Ideal strategy includes City / County partnership
• Districts which involve a multi-agency joint effort are more likely to win state grant funding sources • Districts explicitly increase scoring for CA state housing grants (e.g., IIG, AHSC, TCC) 18 Illustrative EIFD Formation Schedule
▪ Tax increment allocation begins fiscal year following district formation ▪ Debt issuance, if desired, would occur after a stabilized level of tax increment has been established (may be 3-5 years) Target Date Task
Q1-Q3 2025
a) Conduct outreach/discussion among City staff and Council, County staff and Board of Supervisors, other relevant stakeholders
b) Final determination of EIFD boundaries, targeted projects, governing Public Financing Authority (PFA) Board composition
Nov / Dec 2025 c) City Council / Board of Supervisors consider Resolution(s) of Intention (ROI) and formally establish PFA January 2026 d) PFA directs the drafting of the Infrastructure Financing Plan (IFP) March 2026 e) Distribute draft IFP to property owners, affected taxing entities, City Council, County Board of Supervisors April 2026 f) PFA holds an initial public meeting to present the draft IFP to the public and property owners May 2026 g) City Council / Board of Supervisors consider resolution(s) approving IFP June 2026 h) PFA holds first public hearing to hear additional comments and take action to modify or reject IFP (at least 30 days after “f”)
July 2026 i) PFA holds second public hearing to consider oral and written protests and take action to terminate proceedings or adopt IFP and form the district by resolution (at least 30 days after “h”) 19 Potential Next Steps
• Address questions, receive and incorporate feedback from City and County staff and elected officials • Based on City/County feedback, pursue district formation as soon as feasible (first action would be City Council consideration of a Resolution of Intention as lead agency) 20 THANK YOU
Questions?
Kosmont Companies
1601 N. Sepulveda Blvd. #382 Manhattan Beach, CA 90266
Ph: (424) 297-1070 | Fax: (424) 286-4632
www.kosmont.com
Disclaimer
21 The high-level analyses, projections, assumptions, rates of return, and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. Project pro forma and tax analyses are projections only. Actual results may differ from those expressed in this analysis.
Discussions or descriptions of potential financial tools that may be available to the Client and public agencies are included for informational purposes only and are not intended to be to be “advice” within the context of this Analysis.
Municipal Advisory activities are conducted through Kosmont Companies’ affiliate, Kosmont Financial Services, which is Registered as a Municipal Advisor with the SEC and MSRB.
Fortuna Financing District - Fiscal Impact Analysis DRAFT Overview of Fiscal Impacts Key Land Use Assumptions (Buildout) Annual
@ Year 10
Year 0-50
Nominal
Total
Year 0-50
Present Value
@ 3.0%
City of Fortuna Residential - Market Rate Rental 200 DU Estimated Fiscal Revenues (Net of EIFD Allocation) $1,231,700 $145,573,400 $56,525,300 Hotel 125 rooms Estimated Fiscal Expenditures ($335,300) ($49,858,100) ($18,851,900) Industrial / Flex 500,000 SF Estimated Net Fiscal Impact to City $896,400 $95,715,300 $37,673,400 Commercial / Retail 75,000 SF County of Humboldt
Estimated Fiscal Revenues (Net of EIFD Allocation) $462,350 $64,760,500 $24,620,600 Estimated Fiscal Expenditures ($215,600) ($31,891,200) ($12,064,100) Estimated Net Fiscal Impact to County $246,750 $32,869,300 $12,556,500 County Measure O Sales Tax - Transportation $247,200 $37,413,500 $14,124,500 Notes:
Assumes installation of necessary public infrastructure Assumes 10-20 year absorption and 50-year financing district duration Actual absorption will depend on market conditions and other factors Values in 2025 dollars
Project Component
September 2025 Page 1 of 19
Fortuna Financing District - Fiscal Impact Analysis DRAFT Summary of Estimated Fiscal Impacts to City Stabilized
Year 5 Year 10 Year 20 Year 30 Year 40 Year 50 Year 55
2031 2036 2046 2056 2066 2076 2081
Stabilized
Escalation
Rate
Year 0-50 Nominal
Total
Year 0-50
Present Value @
3.0%
City of Fortuna General Fund Revenues
Property Tax $40,100 $72,200 $166,200 $223,359 $300,176 $403,411 $467,664 3.0% $9,738,100 $3,715,300 Property Tax Allocation to EIFD ($20,000) ($36,100) ($83,100) ($111,679) ($150,088) ($201,706) $0 3.0% ($4,869,100) ($1,857,700) Property Tax In-Lieu of MVLF $93,600 $169,400 $391,400 $526,009 $706,912 $950,031 $1,101,346 3.0% $22,926,300 $8,744,500 Property Tax In-Lieu of MVLF Allocation to EIFD ($46,800) ($84,700) ($195,700) ($263,004) ($353,456) ($475,015) $0 3.0% ($11,463,200) ($4,372,200) Property Transfer Tax $2,300 $4,100 $9,500 $12,767 $17,158 $23,059 $26,732 3.0% $556,500 $212,300 Sales and Use Tax - Direct / On-Site $162,600 $377,000 $1,013,200 $1,361,656 $1,829,952 $2,459,302 $2,851,005 3.0% $58,559,700 $22,058,400 Measure E/G Sales Tax - Direct / On-Site $65,200 $0 $0 $0 $0 $0 $0 3.0% $365,700 $305,900 Sales and Use Tax - Indirect / Off-Site $47,900 $85,300 $194,600 $261,526 $351,469 $472,345 $547,578 3.0% $11,412,000 $4,357,400 Measure E/G Sales Tax - Indirect / Off-Site $19,200 $0 $0 $0 $0 $0 $0 3.0% $93,800 $78,000 Transient Occupancy Tax $499,800 $579,400 $778,700 $1,046,508 $1,406,419 $1,890,109 $2,191,155 3.0% $48,718,600 $19,673,800 Franchise Fees $10,100 $21,300 $54,200 $72,840 $97,891 $131,558 $152,511 3.0% $3,146,900 $1,190,500 Business License $7,500 $14,100 $33,300 $44,752 $60,144 $80,828 $93,702 3.0% $1,946,300 $740,800 Park and Recreation $3,400 $7,800 $20,900 $28,088 $37,748 $50,730 $58,810 3.0% $1,207,800 $454,900 Police Department $5,300 $11,100 $28,200 $37,898 $50,932 $68,449 $79,351 3.0% $1,637,600 $619,600 Other Recurring $5,100 $10,800 $27,500 $36,958 $49,668 $66,750 $77,381 3.0% $1,596,400 $603,800 Estimated Total Revenues $895,300 $1,231,700 $2,438,900 $3,277,678 $4,404,925 $5,919,850 $7,647,234 $145,573,400 $56,525,300 City of Fortuna General Fund Expenditures
Police $81,900 $172,100 $438,500 $589,307 $791,980 $1,064,355 $1,233,879 3.0% $25,458,000 $9,630,200 Parks and Recreation $13,500 $31,400 $84,400 $113,427 $152,436 $204,861 $237,490 3.0% $4,877,900 $1,837,400 Public Works $7,800 $16,300 $41,700 $56,041 $75,315 $101,217 $117,338 3.0% $2,420,200 $915,300 Comm Development - Planning $2,700 $5,700 $14,500 $19,487 $26,189 $35,195 $40,801 3.0% $841,700 $318,400 Community Promotion $1,500 $3,200 $8,000 $10,751 $14,449 $19,418 $22,511 3.0% $464,700 $175,800 Library Facilities $200 $400 $1,200 $1,613 $2,167 $2,913 $3,377 3.0% $69,000 $25,900 City Council $600 $1,200 $3,100 $4,166 $5,599 $7,525 $8,723 3.0% $179,700 $67,900 City Attorney $700 $1,500 $3,700 $4,972 $6,683 $8,981 $10,411 3.0% $214,900 $81,300 City Manager $2,200 $4,600 $11,800 $15,858 $21,312 $28,642 $33,204 3.0% $685,100 $259,200 City Clerk $1,000 $2,000 $5,100 $6,854 $9,211 $12,379 $14,351 3.0% $296,100 $112,000 General Government $3,900 $8,100 $20,800 $27,953 $37,567 $50,487 $58,528 3.0% $1,207,500 $456,800 Risk Management $9,600 $20,200 $51,400 $69,077 $92,834 $124,761 $144,633 3.0% $2,984,000 $1,128,800 Finance $3,000 $6,200 $15,800 $21,234 $28,537 $38,351 $44,459 3.0% $917,500 $347,200 Transfer Out - Other Funds Support $3,100 $6,600 $16,900 $22,712 $30,523 $41,021 $47,554 3.0% $980,600 $370,800 Measure E - Other / Non-CIP $26,600 $55,800 $142,300 $191,239 $257,010 $345,399 $400,413 3.0% $8,261,200 $3,124,900 Estimated Total Expenditures $158,300 $335,300 $859,200 $1,154,693 $1,551,811 $2,085,504 $2,417,671 $49,858,100 $18,851,900 Estimated Annual Net Fiscal Impact $737,000 $896,400 $1,579,700 $2,122,985 $2,853,114 $3,834,347 $5,229,563 $95,715,300 $37,673,400 Revenue / Cost Ratio 5.66 3.67 2.84 2.84 2.84 2.84 3.16 2.92 3.00 Notes:
Assumes installation of necessary public infrastructure Values in 2025 dollars
Select years shown for illustration
September 2025 Page 2 of 19
Fortuna Financing District - Fiscal Impact Analysis DRAFT Summary of Estimated Fiscal Impacts to County Stabilized Year 5 Year 10 Year 20 Year 30 Year 40 Year 50 Year 55
2031 2036 2046 2056 2066 2076 2081
Stabilized
Escalation
Rate
Year 0-50
Nominal
Total
Year 0-50
Present Value @
3.0%
County of Humboldt Revenues
Property Tax $138,100 $248,900 $573,100 $770,198 $1,035,082 $1,391,064 $1,612,625 3.0% $33,580,100 $12,811,800 Property Tax - County Allocation to EIFD ($69,100) ($124,500) ($286,500) ($385,032) ($517,451) ($695,411) $0 3.0% ($16,787,700) ($6,405,100) Property Tax in Lieu of MVLF $107,600 $194,800 $450,100 $604,897 $812,931 $1,092,511 $1,266,519 3.0% $26,364,800 $10,056,000 Property Tax in Lieu of MVLF - County Allocation to EIFD $0 $0 $0 $0 $0 $0 $0 3.0% $0 $0 Property Transfer Tax $2,300 $4,100 $9,500 $12,767 $17,158 $23,059 $26,732 3.0% $556,500 $212,300 Sales Tax - Direct / On-Site $48,900 $113,400 $304,800 $409,626 $550,503 $739,830 $857,665 3.0% $17,616,100 $6,635,600 Sales Tax - Indirect / Off-Site $14,400 $25,650 $58,500 $78,619 $105,658 $141,995 $164,611 3.0% $3,430,700 $1,310,000 Estimated County Revenues $242,200 $462,350 $1,109,500 $1,491,075 $2,003,880 $2,693,048 $3,928,152 $64,760,500 $24,620,600 County of Humboldt Expenditures
Law and Justice - Incorporated Jurisdiction Estimate $68,600 $144,000 $367,000 $493,217 $662,843 $890,805 $1,032,688 3.0% $21,307,200 $8,060,200 Governance $17,800 $37,300 $95,200 $127,941 $171,942 $231,075 $267,880 3.0% $5,527,000 $2,090,800 Transfers & Contingencies $7,400 $15,500 $39,500 $53,085 $71,341 $95,877 $111,148 3.0% $2,293,300 $867,500 Planning & Building $1,900 $4,100 $10,400 $13,977 $18,784 $25,244 $29,264 3.0% $603,800 $228,400 Aviation & Public Works $1,300 $2,800 $7,100 $9,542 $12,823 $17,234 $19,978 3.0% $412,000 $155,800 Health & Human Services $3,500 $7,500 $19,000 $25,534 $34,316 $46,118 $53,463 3.0% $1,103,100 $417,300 Agriculture & Library $2,100 $4,400 $11,100 $14,917 $20,048 $26,943 $31,234 3.0% $644,800 $244,100 Estimated County Expenditures $102,600 $215,600 $549,300 $738,213 $992,097 $1,333,295 $1,545,655 $31,891,200 $12,064,100 Estimated County Net Fiscal Impact $139,600 $246,750 $560,200 $752,862 $1,011,784 $1,359,752 $2,382,497 $32,869,300 $12,556,500 County Measure O Sales Tax - Transportation $112,500 $247,200 $645,800 $867,901 $1,166,387 $1,567,526 $1,817,192 3.0% $37,413,500 $14,124,500 Revenue / Expenditure Ratio 2.36 2.14 2.02 2.02 2.02 2.02 2.54 2.03 2.04 Notes:
Assumes installation of necessary public infrastructure Values in 2025 dollars
Select years shown for illustration
September 2025 Page 3 of 19
Fortuna Financing District - Fiscal Impact Analysis DRAFT Project Description
Year 5 Year 10 Year 20
Project Component 2031 2036 2046
Residential - Market Rate Rental 50 DU 100 DU 200 DU
Hotel 125 rooms 125 rooms 125 rooms
Industrial / Flex 125,000 SF 250,000 SF 500,000 SF
Commercial / Retail 18,750 SF 37,500 SF 75,000 SF
Annual Escalation Factor 3.0% 1.16 1.34 1.81
Estimated A/V - Residential - Market Rental $250K Per Unit $14,490,926 $33,597,909 $90,305,562 Estimated A/V - Hotel $250K Per Room $36,227,315 $41,997,387 $56,440,976 Estimated A/V - Industrial / Flex $175 PSF $25,359,120 $58,796,342 $158,034,733 Estimated A/V - Commercial / Retail $300 PSF $6,520,917 $15,119,059 $40,637,503 Total Estimated Assessed Value $82,598,278 $149,510,697 $345,418,774 Notes:
Adjusted for value appreciation assuming 2% annual escalation rate (statuatory maximum).
Conservatively assuming no mark-to-market valuations above 2% growth to account for property transfers Select years shown for illustration
Values in 2025 dollars
September 2025 Page 4 of 19
Fortuna Financing District - Fiscal Impact Analysis DRAFT Project Employment and Occupants
Year 5 Year 10 Year 20
Project Component 2031 2036 2046
Residential - Market Rate Rental 50 DU 100 DU 200 DU
Hotel 125 Rooms 125 Rooms 125 Rooms
Industrial / Flex 125,000 SF 250,000 SF 500,000 SF
Commercial / Retail 18,750 SF 37,500 SF 75,000 SF
Estimated # Employees (FTE)
Residential - Market Rate Rental 50 DU / emp 1 2 4
Hotel 1.5 room / emp 83 83 83
Industrial / Flex 1,500 SF / emp 83 167 333
Commercial / Retail 400 SF / emp 47 94 188
Total Estimated # Employees (FTE) 215 346 608
Occupied Dwelling Units 93% 47 DU 93 DU 186 DU
Residents 2.46 per DU 114 229 458
Employees Weighted at 50% 50% 107 173 304
Total Service Population (Residents + Empl.) 222 402 762 Occupied Hotel Rooms 70% 88 rooms 88 rooms 88 rooms
Hotel Guests 1.5 per room 131 131 131
Notes:
Average household size reflects City average household size Select years shown for illustration
Values in 2025 dollars
September 2025 Page 5 of 19
Fortuna Financing District - Fiscal Impact Analysis DRAFT Property Tax
Year 5 Year 10 Year 20
2031 2036 2046
Estimated Assessed Value - Residential $14,490,926 $33,597,909 $90,305,562 Estimated Assessed Value - Non-Residential $68,107,352 $115,912,788 $255,113,212 Total Estimated Assessed Value $82,598,278 $149,510,697 $345,418,774 Total Secured Property Tax General Levy 1.00% $825,983 $1,495,107 $3,454,188 Estimated Unsecured Property Tax as % of Secured Non-Residential Value 10.00% $68,107 $115,913 $255,113 Total Estimated Secured + Unsecured Property Tax $894,090 $1,611,020 $3,709,301 Distributions to Taxing Entities
City of Fortuna 4.48% $40,100 $72,200 $166,200
City Allocation to EIFD 50% (2.24%) ($20,000) ($36,100) ($83,100) Net Property Tax to City 2.24% $20,100 $36,100 $83,100
Humboldt County General 15.45% $138,100 $248,900 $573,100 County Allocation to EIFD 50% (7.73%) ($69,100) ($124,500) ($286,500) Net Property Tax to County 7.73% $69,000 $124,400 $286,600 Notes:
General levy distributions represent tax rate area (TRA) average within boundary Select years shown for illustration
Values in 2025 dollars
Source: Humboldt County Auditor-Controller (2025)
September 2025 Page 6 of 19
Fortuna Financing District - Fiscal Impact Analysis DRAFT Property Tax In-Lieu of Motor Vehicle License Fees (MVLF) Total AV within CITY $1,274,018,000
Current Property Tax In-Lieu of MVLF $1,443,652
Prop Tax In-Lieu of MVLF per $1M of AV $1,133
Year 1 Year 5 Year 10 Year 20
2027 2031 2036 2046
Estimated Project Assessed Value $8,240,000 $82,598,278 $149,510,697 $345,418,774 Incremental Property Tax In-Lieu of MVLF to City $9,300 $93,600 $169,400 $391,400 City Allocation to EIFD ($4,650) ($46,800) ($84,700) ($195,700) Net Incremental Property Tax In-Lieu of MVLF to City $4,650 $46,800 $84,700 $195,700 Total AV within COUNTY $16,582,964,000
Current Property Tax In-Lieu of MVLF $21,610,018
Prop Tax In-Lieu of MVLF per $1M of AV $1,303
Year 1 Year 5 Year 10 Year 20
2027 2031 2036 2046
Estimated Project Assessed Value $8,240,000 $82,598,278 $149,510,697 $345,418,774 Incremental Property Tax In-Lieu of MVLF to County $10,700 $107,600 $194,800 $450,100 County Allocation to EIFD $0 $0 $0 $0
Incremental Property Tax In-Lieu of MVLF to County $10,700 $107,600 $194,800 $450,100 Notes:
Select years shown for illustration
Values in 2025 dollars
Source: Humboldt County Auditor-Controller (2025)
September 2025 Page 7 of 19
Fortuna Financing District - Fiscal Impact Analysis DRAFT Property Transfer Tax
Year 5 Year 10 Year 20
2031 2036 2046
Estimated Assessed Value - For-Sale Residential $0 $0 $0 Estimated Property Turnover Rate 15.0% 15.0% 15.0%
Estimated Value of Property Transferred $0 $0 $0
Estimated Assessed Value - Other Land Uses $82,598,278 $149,510,697 $345,418,774 Estimated Property Turnover Rate 5.0% 5.0% 5.0%
Estimated Value of Property Transferred $4,129,914 $7,475,535 $17,270,939 Estimated Total Value of Property Transferred $4,129,914 $7,475,535 $17,270,939 Total Transfer Tax $1.10 per $1,000 $4,500 $8,200 $19,000 Transfer Tax to City $0.55 per $1,000 $2,300 $4,100 $9,500 Transfer Tax to County $0.55 per $1,000 $2,300 $4,100 $9,500 Notes:
Select years shown for illustration
Values in 2025 dollars
Source: Humboldt County Auditor-Controller (2025)
September 2025 Page 8 of 19
Fortuna Financing District - Fiscal Impact Analysis DRAFT Sales Tax - Direct / On-Site
Year 5 Year 10 Year 20
Project Component 2031 2036 2046
Retail SF 18,750 SF 37,500 SF 75,000 SF
Portion of Industrial Buildings Generating Local Taxable Sales 5.0% 6,250 SF 12,500 SF 25,000 SF Total Sales-Generating SF 25,000 SF 50,000 SF 100,000 SF Estimated Taxable Sales $300 PSF $8,694,556 $20,158,746 $54,183,337 Sales Tax to City (incl. Measure L/S) 1.75% $152,155 $352,778 $948,208 Use Tax as % of 1% Bradley Burns Sales Tax 12.00% $10,433 $24,190 $65,020 Sales and Use Tax to City - Direct $162,600 $377,000 $1,013,200 Measure E/G Sales Tax to City - Direct 0.75% $65,200
Sales Tax to County 0.75% $65,200 $151,200 $406,400
Net of Sales Transfer within County (25%) ($16,300) ($37,800) ($101,600) Sales Tax to County $48,900 $113,400 $304,800
Additional Restricted Sales Tax Allocations:
County Measure O Sales Tax - Transportation 1.00% $86,900 $201,600 $541,800 Notes:
Measure E/G assumed to expire in 2033
County General Fund sales tax for Measure Z and Revenue and Taxation Code Section 7203.1 Taxable sales PSF factor escalated 3% annually
Select years shown for illustration.
Values in 2025 dollars.
September 2025 Page 9 of 19
Fortuna Financing District - Fiscal Impact Analysis DRAFT Sales Tax - Indirect / Off-Site
Year 5 Year 10 Year 20
2031 2036 2046
Estimated # Employees 215 346 608
Estimated Annual Taxable Retail Spending / Empl. Near Work $6,956 $8,063 $10,837 Estimated Employee Taxable Retail Spending Within City $1,492,276 $2,787,955 $6,590,500 Estimated # Occupied Dwelling Units 47 DU 93 DU 186 DU
Estimated Annual Taxable Retail Spending / HH $32,926 $38,171 $51,298 Estimated Resident Taxable Retail Spending $1,531,070 $3,549,859 $9,541,428 Estimated Capture within City 40.0% $612,428 $1,419,944 $3,816,571 Estimated # Occupied Hotel Rooms 88 rooms 88 rooms 88 rooms Estimated Annual Taxable Retail Spending / Room $21,157 $24,526 $32,962 Estimated Resident Taxable Retail Spending $1,851,216 $2,146,066 $2,884,134 Estimated Capture within City 40.0% $740,486 $858,427 $1,153,654 Total Estimated Indirect Taxable Sales $2,845,190 $5,066,325 $11,560,725 Less Estimated Capture Within District Retail (10%) ($284,519) ($506,632) ($1,156,072) Net Indirect Taxable Sales $2,560,671 $4,559,692 $10,404,652 Sales Tax to City (incl. Measure L/S) 1.75% $44,812 $79,795 $182,081 Use Tax as % of 1% Bradley Burns Sales Tax 12.00% $3,073 $5,472 $12,486 Sales and Use Tax to City - Indirect $47,900 $85,300 $194,600 Measure E/G Sales Tax to City - Indirect 0.75% $19,200
Sales Tax to County 0.75% $19,200 $34,200 $78,000
Net of Sales Transfer within County (25%) ($4,800) ($8,550) ($19,500) Sales Tax to County $14,400 $25,650 $58,500
Additional Restricted Sales Tax Allocations:
County Measure O Sales Tax - Transportation 1.00% $25,600 $45,600 $104,000 Notes:
Measure E/G assumed to expire in 2033
County General Fund sales tax for Measure Z and Revenue and Taxation Code Section 7203.1 Employee spending estimates based on "Office Worker Retail Spending Patterns: A Downtown and Suburban Area Study," ICSC.
Household spending based on average houshold income within City.
Hotel guest spending estimated based on American Hotel and Lodging Association (AHLA) data.
Adjusted for inflation assuming 3% annual inflation rate.
Select years shown for illustration.
Values in 2025 dollars.
September 2025 Page 10 of 19
Fortuna Financing District - Fiscal Impact Analysis DRAFT Transient Occupancy Tax ("TOT")
Year 5 Year 10 Year 20
2031 2036 2046
Estimated # Hotel Rooms 125 rooms 125 rooms 125 rooms
Average Daily Room Rate (ADR) $157 $181 $244
Average Occupancy Rate 70% 70% 70%
Annual Hotel Room Receipts $4,998,283 $5,794,379 $7,787,161 TOT to City 10.0% $499,800 $579,400 $778,700
Notes:
Adjusted for inflation assuming 3% annual inflation rate.
Select years shown for illustration.
Values in 2025 dollars.
September 2025 Page 11 of 19
Fortuna Financing District - Fiscal Impact Analysis DRAFT City Service Population
Approximate City Population 12,198
Approximate City Employment Population 3,300
Employee Weighting for Service Population 0.5
Weighted # Employees 1,650
Total City Service Population 13,848
Source: CA Department of Finance, U.S. Census Bureau Center for Economic Studies September 2025 Page 12 of 19
Fortuna Financing District - Fiscal Impact Analysis DRAFT City Multipler Revenue and Expenditure Factors
Year 5 Year 10 Year 20
Budget Category
Adopted City
Budget Allocation Basis
Relevant City
Population Percent Fixed
Per Capita
Factor
Annual
Escalation 2031 2036 2046
General Fund Revenues + Measure E
Property Taxes $650,000 Estimated Separately via Case Study Method ------------------------------------------------- Property Tax in-lieu / VLF $1,590,000 Estimated Separately via Case Study Method ------------------------------------------------- Sales & Use Taxes $2,168,500 Estimated Separately via Case Study Method ------------------------------------------------- Transient Occupancy Tax $720,000 Estimated Separately via Case Study Method ------------------------------------------------- Real Property Transfer Tax $30,000 Estimated Separately via Case Study Method ------------------------------------------------- Franchise Fees $546,000 Service Population 13,848 0% $39.43 3.0% $45.71 $52.99 $71.21 Business License $100,000 Employment Base 3,300 0% $30.30 3.0% $35.13 $40.72 $54.73 Park and Recreation $324,500 Residents 12,198 5% $25.27 3.0% $29.30 $33.96 $45.65 Police Department $568,550 Service Population 13,848 50% $20.53 3.0% $23.80 $27.59 $37.08 Successor Agency $200,000 N/A - Not Development Related --------------------------------------------------------------------- Other Recurring $276,725 Service Population 13,848 0% $19.98 3.0% $23.17 $26.86 $36.09 Non-Recurring - Redevelopment Loans $285,468 N/A - Non-Recurring Revenue ------------------------------------------------------------------------ Non-Recurring - Other Grants/Transfers $705,000 N/A - Non-Recurring Revenue ------------------------------------------------------------------------ Sales Tax - Measure E $1,884,000 Estimated Separately via Case Study Method ------------------------------------------------- Total General Fund Revenues + Measure E $10,048,743
General Fund Expenditures + Measure E
Police $4,414,089 Service Population 13,848 0% $318.75 3.0% $369.52 $428.38 $575.70 Parks and Recreation $1,245,331 Residents 12,198 0% $102.09 3.0% $118.35 $137.20 $184.39 Public Works $419,295 Service Population 13,848 0% $30.28 3.0% $35.10 $40.69 $54.69 Comm Development - Planning $194,597 Service Population 13,848 25% $10.54 3.0% $12.22 $14.16 $19.04 Community Promotion $108,000 Service Population 13,848 25% $5.85 3.0% $6.78 $7.86 $10.56 Library Facilities $17,135 Residents 12,198 0% $1.40 3.0% $1.63 $1.89 $2.54 City Council $40,982 Service Population 13,848 25% $2.22 3.0% $2.57 $2.98 $4.01 City Attorney $50,000 Service Population 13,848 25% $2.71 3.0% $3.14 $3.64 $4.89 City Manager $158,492 Service Population 13,848 25% $8.58 3.0% $9.95 $11.54 $15.50 City Clerk $68,529 Service Population 13,848 25% $3.71 3.0% $4.30 $4.99 $6.70 General Government $278,680 Service Population 13,848 25% $15.09 3.0% $17.50 $20.28 $27.26 Risk Management $689,647 Service Population 13,848 25% $37.35 3.0% $43.30 $50.20 $67.46 Finance $212,293 Service Population 13,848 25% $11.50 3.0% $13.33 $15.45 $20.77 Transfer Out - Development Fund Support $138,217 N/A - Not Related --------------------------------------------------------------------------------------------- Transfer Out - River Lodge Fund Support $263,989 N/A - Not Related --------------------------------------------------------------------------------------------- Transfer Out - Other Funds Support $226,188 Service Population 13,848 25% $12.25 3.0% $14.20 $16.46 $22.13 Capital Improvement Program $20,000 N/A - Non-Recurring Expenditure ------------------------------------------------------------------------ Measure E - Capital Improvements $1,505,000 N/A - Non-Recurring Expenditure ------------------------------------------------------------------------ Measure E - Other / Non-CIP $1,909,640 Service Population 13,848 25% $103.43 3.0% $119.90 $138.99 $186.80 Total General Fund Expenditures + Measure E $11,960,104 Notes:
Adjusted for inflation assuming 3% annual inflation rate.
Select years shown for illustration.
Values in 2025 dollars.
Source: City of Fortuna 2025-2026 Adopted Budget
September 2025 Page 13 of 19
Fortuna Financing District - Fiscal Impact Analysis DRAFT City Multipler Revenues and Expenditures
Year 5 Year 10 Year 20
2031 2036 2046
Estimated # Residents 114 229 458
Estimated # Employees 215 346 608
Total Project Service Population 222 402 762
Budget Category 2031 2036 2046
Multiplier Revenues
Franchise Fees $10,100 $21,300 $54,200
Business License $7,500 $14,100 $33,300
Park and Recreation $3,400 $7,800 $20,900
Police Department $5,300 $11,100 $28,200
Other Recurring $5,100 $10,800 $27,500
Total Multiplier Revenues $31,400 $65,100 $164,100
Multiplier Expenditures
Police $81,900 $172,100 $438,500
Parks and Recreation $13,500 $31,400 $84,400
Public Works $7,800 $16,300 $41,700
Comm Development - Planning $2,700 $5,700 $14,500
Community Promotion $1,500 $3,200 $8,000
Library Facilities $200 $400 $1,200
City Council $600 $1,200 $3,100
City Attorney $700 $1,500 $3,700
City Manager $2,200 $4,600 $11,800
City Clerk $1,000 $2,000 $5,100
General Government $3,900 $8,100 $20,800
Risk Management $9,600 $20,200 $51,400
Finance $3,000 $6,200 $15,800
Transfer Out - Other Funds Support $3,100 $6,600 $16,900 Measure E - Other / Non-CIP $26,600 $55,800 $142,300
Total Multiplier Expenditures $158,300 $335,300 $859,200 Notes:
Major case study revenues not shown include property tax, sales tax, transient occupancy tax Adjusted for inflation assuming 3% annual inflation rate.
Select years shown for illustration.
Values in 2025 dollars.
Source: City of Fortuna 2025-2026 Adopted Budget
September 2025 Page 14 of 19
Fortuna Financing District - Fiscal Impact Analysis DRAFT County Service Population
Approximate County Population 133,817
Approximate County Employment Population 47,432
Employee Weighting for Service Population 0.5
Weighted # Employees 23,716
Total County Service Population 157,533
Source: CA Department of Finance, U.S. Census Bureau Center for Economic Studies September 2025 Page 15 of 19
Fortuna Financing District - Fiscal Impact Analysis DRAFT County Multipler Expenditure Factors
Year 5 Year 10 Year 20
Budget Category
Adopted County
Budget Allocation Basis
Relevant
County
Population
Percent Fixed
Costs
Per Capita
Factor
Annual
Escalation 2031 2036 2046
Primary Expenditures - Net County Cost
Law and Justice - Incorporated Jurisdiction Estimate $56,040,000 Service Population 157,533 25% $266.80 3.0% $309.30 $358.56 $481.87 Law and Justice - Unincorporated Jurisdiction Estimate $37,360,000 N/A - Unincorporated Governance $21,800,000 Service Population 157,533 50% $69.19 3.0% $80.21 $92.99 $124.97 Transfers & Contingencies $18,100,000 Service Population 157,533 75% $28.72 3.0% $33.30 $38.60 $51.88 Planning & Building $11,900,000 Service Population 157,533 90% $7.55 3.0% $8.76 $10.15 $13.64 Aviation & Public Works $8,100,000 Service Population 157,533 90% $5.14 3.0% $5.96 $6.91 $9.29 Health & Human Services $2,900,000 Service Population 157,533 25% $13.81 3.0% $16.01 $18.55 $24.94 Agriculture & Library $1,700,000 Service Population 157,533 25% $8.09 3.0% $9.38 $10.88 $14.62 Total Net County Cost $157,900,000
Notes:
Public Protection services in incorporated jurisdictions estimated at 60% of total County Public Protection services expenditures Planning & Building and Aviation & Public Works assumed to be focused largely in unincorporated areas Adjusted for inflation assuming 3% annual inflation rate.
Select years shown for illustration.
Values in 2025 dollars.
Source: County of Humboldt Proposed 2025-2026 Budget
September 2025 Page 16 of 19
Fortuna Financing District - Fiscal Impact Analysis DRAFT County Multipler Expenditures
Year 5 Year 10 Year 20
2031 2036 2046
Estimated # Residents 114 229 458
Estimated # Employees 215 346 608
Total Project Service Population 222 402 762
Budget Category 2031 2036 2046
Primary Expenditures - Net County Cost
Law and Justice - Incorporated Jurisdiction Estimate $68,600 $144,000 $367,000 Governance $17,800 $37,300 $95,200
Transfers & Contingencies $7,400 $15,500 $39,500
Planning & Building $1,900 $4,100 $10,400
Aviation & Public Works $1,300 $2,800 $7,100
Health & Human Services $3,500 $7,500 $19,000
Agriculture & Library $2,100 $4,400 $11,100
Total Primary Expenditures $102,600 $215,600 $549,300
Notes:
Adjusted for inflation assuming 3% annual inflation rate.
Select years shown for illustration.
Values in 2025 dollars.
Source: County of Humboldt Proposed 2025-2026 Budget
September 2025 Page 17 of 19
Fortuna Financing District - Fiscal Impact Analysis DRAFT IMPLAN Inputs
Construction Inputs
Industry NAICS Category
Approximate Inputs
(Industry Spending)
58 - Construction of new multifamily residential structures $50,000,000 55 - Construction of new commercial structures, including farm structures $53,750,000 51 - Construction of new manufacturing structures $87,500,000 Ongoing Operation Inputs
Industry NAICS Category
Approximate Inputs
(Employment Change)
507 - Hotels and motels, including casino hotels 83 Jobs 412 - Retail - Miscellaneous store retailers 188 Jobs
422 - Warehousing and storage 333 Jobs
476 - Services to buildings 4 Jobs
September 2025 Page 18 of 19
Fortuna Financing District - Fiscal Impact Analysis DRAFT Summary of IMPLAN Economic Benefits
Economic Benefits from Construction (One-Time / Temporary) Employment Labor Income Economic Output
Direct (On-Site) 1,619 $121,240,815 $191,250,000
Indirect 123 $8,857,048 $28,024,742
Induced 368 $22,555,037 $67,738,249
Total Countywide 2,111 $152,652,900 $287,012,991
Estimated City Capture 1,644 $122,811,419 $196,038,150
Economic Benefits from Ongoing Operation (Annual)
Employment Labor Income Economic Output
Direct (On-Site) 608 $28,974,830 $66,329,011
Indirect 87 $6,264,225 $16,177,873
Induced 94 $5,798,339 $17,410,962
Total Countywide 789 $41,037,395 $99,917,847
Estimated City Capture 617 $29,577,959 $68,008,453
Notes
100% of direct benefits estimated to be captured on-site within the City. 5% of indirect and induced benefits estimated to be captured off-site within the City.
Estimated ongoing benefits upon build-out and stabilization.
September 2025 Page 19 of 19
Requesting Department: Packet #
JV #
Fund Name/s Amended: Prepared By
Checked By
Fund #/s Amended: Post Date
New Budget Appropriation Intra‐Department Budget Transfer Additional Budget Appropriation Other Budget Transfer
REVENUES
Account Description Account Number Current Budget Proposed Amendments
Amended
Budgets
TOTAL
EXPENDITURES
Account Description Account Number Current Budget Proposed Amendments
Amended
Budgets
TOTAL
PURPOSE
Department Head: Date:
Finance Director: Date:
City Manager: Date:
CITY OF FORTUNA
SUPPLEMENTAL BUDGET REQUEST
x
Business Agenda Item 4f