Contra Costa County Regional
Alternative Compliance (RAC) System
& Joint Powers Authority (JPA
)
REGULATORY BACKGROUND
The City’s Stormwater Perm it (NPDES) has difficult regulatory requirem ents, in particular for:
• New and Redevelopm ent -All developments over 5,000 SF are required to treat all stormwater on-site (excluding SFH). • Ma jor Road Rehabilitation -All ma jor road rehabilitation projects over 1 acre mu s t treat all stormwater on-site.
• Population-Based Treatm ent –All jurisdictions have a population- based “impe r v ious retrofit” target.
• Pollutants of Concern (PCBs & Me r c u r y ) –The regulatory deadline for PCB and Me rcury (TM DL) is in 2030.
BAY AREA CONSTRAINTS WITH
STORMWATER FACILITIES
Subsurface
contam ination
Dens e urban area with
land use constraints
High groundwater and
tidally influenced areas
Soils not conducive to
infiltration
Funding constraints$
CURRENT SYSTEM
1,000s of “distributed” facilities across the Bay Area Expensive to design, construct, and ma intain (sm aller BMPs especially) M unicipal oversight/enforcem ent required to review and approve design, construction, and ma intenance CCC PCBs load distribution based on RAA Results
Category
Construction Cost Per
Impervious Acre
Treated
Median Mean
Green Street with
Infiltration $78,000 $137,000
Green Street without
Infiltration $419,000 $841,000
Parcel-Based GSI $460,000 $612,000
Regional with
Infiltration $74,000 $92,000
Regional without
Infiltration $112,000 $138,000
CONTRA COSTA COUNTY
REGIONAL ALTERNATIVE
COMPLIANCE (RAC) SYSTEM
ALTERNATIVE COMPLIANCE SYSTEMS
• Credit Program s allow for
large centralized treatme n t
facilities in place of onsite
treatme n t
• Similar to Habitat
Mitigation Program s
• Provides flexibility for new
development projects
RAC OBJECTIVES
7 Flexible com pliance with the
stormwater permit (MR P )
Cost efficiencies through
implem entation of larger
stormwater capture projects
Targeted facility
implem entation to provide
higher load reduction for
pollutants of concern
Implem entation of
projects that provide
mu ltiple benefits
Flexibility to adapt the
System to m eet future
water quality needs.
RAC JOINT POWERS
AUTHORITY (JPA) AND
COMMUNITY FACILITIES
DISTRICT (CFD)
• Sellers:Public Agencies, Developers, or NGOs
that build non-regulated treatme n t system s to
sell through the RAC system
• Buyers:Public Agencies and Developers that
need regulatory credits
• RAC Administration:
• Facilitates purchases between buyers and
sellers
• Assists with regulatory reporting
• Operates the Com m unity Facilities District
(CFD)
Tw o Transactions
1. Capital –reimbu r s e me n t of the capital
expenditure to build a treatme n t facility.
2. Operations and Ma intenance –Ongoing
payments through a CFD (i.e., tax roll) to ma k e
ongoing payments to facility operators for the
ma intenance costs.
Water Board Approved System
RAC JOINT POWERS AUTHORITY (JPA)
• JPA Form ation and Independence
o Form ed to create a Countywide Com m unity Facilities District (CFD) o A legally separate entity formed with its own liabilities, independent from agency me mbe r s .
• JPA Agreem ent and Me mb e r s h ip
o Outlines JPA powers; how new me mbe r s are adm itted, and legislative body approval.
• Oper a t ional Structure and Staffing
o Contract ma n a ge r instead of hiring em ployees (avoid pension liabilities and increase flexibility).
• Financial Responsibilities
o Limited to the JPA and shared adm inistrative expenses am ong me mbe r s .
COMMUNITIES FACILITY DISTRICT (CFD)
• Com m unity Facilities District (CFD): Special financing district created by a local government to fund public infrastructure and services. • JPA would establish a CFD and authorize it to levy special taxes to finance the acquisition, improvem ent, and ma intenance of stormwater infrastructure.
CFD formed with initial taxable property and
multi-jurisdiction “future annexation area”
Properties are annexed into the CFD as
they opt to participate in RAC System
CFD formation requires three meetings
of JPA governing board
ESTIMATED AGENCY COSTS
• JPA Agreem ent (Covered by CCCWP)
• M eetings (2-3 per year)
• Annual State and County Filings
Estima ted start-up costs: ~$4,000 per agency
Annual Costs: ~$3,000 per agency
No Impa c t to the Gener al Fund; these costs
can be covered by the City’s Stormwater
Utility Assessm ent.
• Initial Set-up Costs (Cover ed by a Gr ant )
• Site annexations
• Preparation of annual special tax levy
• Other adm inistrative item s
All costs covered by CFD participants. No
cost to me mbe r agencies.
JPA CFD
SAN PABLO POTENTIAL
BENEFITS AND
OPPORTUNITIES
CITY OF SAN PABLO IMPACTS
• City of San Pablo already has one facility with credits ready to sell as part of the RAC and one under design; potential revenue includes:
1. Sutter Ave Green Street (2.3 acres)
• ~$90,000 per acre in capital ($207,000)
• ~$7,000* average annual per-acre cost for ongoing
ma intenance
2. Lake Elem entary Swale (10-12 acres)
• Three agencies have, and one developer has expressed interest in purchasing credits for the Sutter Facility.
• EPA Grant –Public Wo r k s was recently awarded a $1.69M grant with EPA to mon itor the Sutter Ave Project and received 4 years of dedicated ma intenance funding for facilities on Rum rill Blvd. • The project allows the City to sell an additional 3.45 acres of treatme n t area.
• $310,000 upfront revenue
*Based on the true cost of maintenance
CITY OF SAN PABLO IMPACTS
Intersection of 14thand Sutter,
2-year storm in 2019
Intersection of 14thand Sutter,
2-year storm in 2025
CITY OF SAN PABLO IMPACTS
• Other Potential Benefits Include:
• Sm art development/assistance in m eeting
housing needs
• Additional ongoing ma intenance funding to
ensure City projects are wor king appropriately.
• Vegetation health (urban greening)
• Trash rem oval (litter and illegal dumping)
• General street beautification in areas of
projects
• Flood protection
NEXT STEPS AND
COUNCIL
AUTHORIZATION
AUTHORIZATION REQUEST
Staff r e c o mme n ds support for implem entation of the RAC System and r e c o mme n ds that the City Council authorize all necessary actions to facilitate successful program implem entation.
1. Authorize participation in the Contra Costa County Regional Alternative Compliance (RAC) Joint Powers Authority (JPA).
2. Approve the proposed Joint Powers Agreem ent and authorize the City Ma n a ge r to execute it.
3. Appoint a Board Representative for regulatory and technical com pliance (re c omme n de d: Environmental Program Ma n a ge r ) and an alternate (Environmental Program Analyst).
4. Direct staff to take all necessary actions to participate in theRAC system , including am ending the City’s stormwater ordinance to recognize RAC as an alternative com pliance option.
5. Authorize staff to collaborate with the RAC JPA Administrator to support RAC System implem entation.
6. Authorize the JPA to establish one or more Com m unity Facilities Districts (CFDs), including the ability to accept applications, annex properties, and levy special taxes to fund ongoing ma intenance of off-site stormwater projects; and approve a joint com m unity facilities agreem ent.
7. Direct the City Clerk to certify the adoption of the Resolution and provide copies to the Contra Costa Flood Control District.
8. Direct staff to develop reports on JPA/CFD progress that will be reported to the City Council annually.
QUESTIONS?