Portland Utility Bureau Title 21 Code Changes July 16, 2020 Chief Engineer Teresa Elliott Deputy Director Gabriel Solmer 1
Our guiding statements We serve excellent water every minute of every day. Portland Utility Board: Title 21 Code Changes 2
Purpose • Make the information more accessible and understandable by: – rearranging the order of the code to be more logical – using a format and numbering system that is easier to cite – eliminating repealed, duplicative, expired, executed, and other ineffective provisions – rewriting in plain language for better clarity – implementing and expanding on charter changes that were approved by voters in November 2019 election Portland Utility Board: Title 21 Code Changes 3
Process • We have spent the past two years reviewing our code for relevance and accuracy. – Representatives from every work group participated – Commissioner reviewed – Public review (July 10 - August 14) – Incorporation of comments received (August) – City Attorney and City Auditor review (September, October) – Council consideration (November, December) Portland Utility Board: Title 21 Code Changes 4
Overview of Changes • 21.04 – Definitions - updated • 21.08 – Extension of Water Mains – minimal, engineering standards • 21.12 – Water Services – updated language, new requirement for separate services • 21.16 – Rates and Charges – references to money moved to Annual Rate Ordinance • 21.20 – Turning on or Shutting Off • 21.24 – Rules and Regulations – clean up with clarifications to backflow requirements • 21.35 – Wellhead Protection • 21.36 – Bull Run Watershed Protection – updated based on Nov 2019 election changes • 21.37 Emergency Response – new based on Nov 2019 election Portland Utility Board: Title 21 Code Changes 5
CHAPTER 21.04 – Definitions • Refreshes and clarifies definitions to better reflect how the Water Bureau functions. • Organizes under a lettering system, similar to what is used by other City Bureaus. This provides a better format and easy to amend document for future updates when adding, revising or deleting a definition. • Uses definitions widely used throughout Oregon Administrative Rules Chapter 333 (OAR), which are rules that govern all aspects of public water system operations. • Code changes do not alter the intent, they only expand the language. • Some highlighted changes: – defining service line types to provide clarity; – delineating specific authorities of the Chief Engineer; – adding or revising definitions to provide clarity and continuity as they are used prolifically throughout Title 21. Portland Utility Board: Title 21 Code Changes 6
CHAPTER 21.08 – Extension of Water Mains • Updates to this section are minimal. • Specific revisions include clarified engineering standards. • Provides clarify to the cost sharing and administrative processes for main extensions and service installations. • Removes the identification of dollars since approved annually through the Annual Rate Ordinance. • Provides clarify for construction and maintenance responsibility regarding water infrastructure serving private property; and, expanded standards to include planning, design, construction, operations and maintenance to protect the water system. Portland Utility Board: Title 21 Code Changes 7
CHAPTER 21.12 – Water Services • Many sections in this portion of the Title speak to “backflow protection”, “backflow prevention assembly”, “cross-connection control requirements” and “required backflow protection”. For more detailed information reference 21.12.320, Contamination of the City Water Supply and Requirements for Backflow Protection. • Additional revisions include added language regarding independent potable supply systems serving private property; and, revised Section 21.12.070, “Separate Service” to ensure that an individual property Owner’s water needs are served directly by the City, without reliance on an agreement with an adjoining property owner’s water meter and system. Portland Utility Board: Title 21 Code Changes 8
CHAPTER 21.16 – Rates and Charges • Edits to this section removed specific dollar references and defer those to the annual rate ordinance. • Minor housekeeping changes and restated language in more accessible and understandable terms. Where section 21.16.030 in the past did stipulate owner responsibility, these revisions help strengthen the understanding that owners are ultimately responsible, this under all circumstances even when others have accepted billing but failed to make those payments. Portland Utility Board: Title 21 Code Changes 9
CHAPTER 21.20 – Turning on or Shutting Off • The section contains new information related to a backflow assembly requirement. This is necessary if a piping connection is made “without Water Bureau approval” and the connection would otherwise carry a backflow assembly requirement. • Specific revisions include rearranging the paragraphs, contained in the Chapter, into a more logical order; and, employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law. Portland Utility Board: Title 21 Code Changes 10
CHAPTER 21.24 – Rules and Regulations • This portion of the Title contains many references to backflow assembly requirements. • Rewrites section 21.24.040 - Access to Premises for Inspection. The rewording of this section did not make it to this draft. The revision is for clarification and is broadened to encompass the authority placed on the Water Bureau to make inspections of premises to remain in or bring into compliance users of city water that pose a risk to the public water supply. Portland Utility Board: Title 21 Code Changes 11
CHAPTER 21.28 – Outside City Services and Wholesale Distributors • Chapter was rewritten for better clarity in plain language while maintaining legal consistency. CHAPTER 21.32 – Water Curtailment Policy • The Water Bureau made minor housekeeping changes to the existing code, including adopting plain language where appropriate. Portland Utility Board: Title 21 Code Changes 12
CHAPTER 21.35 – Wellhead Protection • The revision eliminates obsolete language relating to information collection during the initial development of the standards between 2003-2005. • References to the City Fire Code and relevant penalty matrix for code violations have also been updated. • Minor housekeeping changes were also made to the existing Section, including adopting plain language where appropriate. • Revision remains consistent with the Wellhead Protection codes of the Cities of Gresham & Fairview, which are Portland’s partners in protecting the Columbia South Shore Well Field. Portland Utility Board: Title 21 Code Changes 13
CHAPTER 21.36 – Bull Run Watershed Protection • Addresses the Charter amendments passed by voters November 2019. The added sections provide additional protections for the environment when work is performed in the watershed and include: – Riparian Protections; – Stream Crossings and Passage for Aquatic Organisms; – Wet Weather Construction Restrictions; and, – Fire Prevention • A note has been included referencing the changes to the Bull Run Protection code to alert interested parties that there are proposed changes. A note about the pending “city NEPA” review process is included in the text. • Completed minor housekeeping changes to the existing Section, including adopting plain language where appropriate. Portland Utility Board: Title 21 Code Changes 14
CHAPTER 21.37 – Emergency Response • New Section added regards to emergency response and reflects the Charter amendment that recently was passed by voters November 2019. • The Section also includes information moved sections from City Code 21.24 – Emergency Loan of Materials and has added that information to a more suitable Section. Portland Utility Board: Title 21 Code Changes 15
Next steps • To submit public comment or feedback specifically related to these revisions, please email marisa.cesare@portlandoregon.gov by 5 p.m. Aug. 14. • Translations are available in Spanish, Russian, Vietnamese and simplified Chinese. The full Title 21 package is available for translation upon request. • Questions? Submit to Amy and Eliza for fastest response Portland Utility Board: Title 21 Code Changes 16
Thank you. Questions? City Council Budget Work Session: FY 2020-21 Water Rates 17
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