BILL NUMBER: SB 68 CHAPTERED 09/24/03 CHAPTER 497 FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2003 APPROVED BY GOVERNOR SEPTEMBER 24, 2003 PASSED THE SENATE SEPTEMBER 4, 2003 PASSED THE ASSEMBLY SEPTEMBER 3, 2003 AMENDED IN ASSEMBLY JULY 9, 2003 AMENDED IN ASSEMBLY JUNE 26, 2003 AMENDED IN SENATE MAY 13, 2003 AMENDED IN SENATE APRIL 1, 2003 INTRODUCED BY Senator Alpert (Coauthor: Senator Ducheny) (Coauthor: Assembly Member Kehoe) JANUARY 17, 2003 An act to add and repeal Chapter 5.3 (commencing with Section 13368) of Division 7 of the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST SB 68, Alpert. Water quality: San Diego Bay. (1) Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements and exercise other functions relating to water quality. This bill would establish the San Diego Bay Advisory Committee for Ecological Assessment. The bill would require the committee to prepare a report relating to the water quality and regulation of the San Diego Bay. The bill would require the committee to submit the report on or before December 31, 2005, to the Legislature, the San Diego Regional Water Quality Control Board, the state board, and the California Coastal Commission. The bill would provide for the composition of the committee. The bill would prohibit the committee members from receiving any compensation or from being reimbursed for expenses incurred in the performance of their duties. The bill would authorize the committee to accept grants to carry out its reporting duties, and would require the San Diego Unified Port District to provide staffing for the committee and to administer those grants. By requiring the San Diego Unified Port District to carry out certain duties relating to the operation of the committee, the bill would impose a state-mandated local program. The bill would repeal these provisions on January 1, 2006. (2) 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. The Legislature finds and declares all of the following: (a) San Diego Bay's 23 square mile area and its 27 miles of shoreline represent vital environmental, economic, and national security resources for all of California and the nation. (b) San Diego Bay is the heart of San Diego's tourism industry, an industry that contributes more than $5 billion annually to the region and the state. (c) San Diego Bay is home to three major shipyards and numerous boatyards and marinas that represent both a major economic force as well as a key part of tourism and recreation. (d) San Diego Bay is the home of the largest port of the United States Navy's Pacific Fleet, including the home port of three aircraft carriers and 50 other surface ships and submarines. This large concentration of ships forms the basis of an extensive shore support system, including aircraft repair, ship maintenance, supply, research, and other key naval services, which accounts for more than $5.5 billion in annual expenditures in San Diego County alone. (e) One study established that 27 percent of San Diego County's gross regional product and 250,000 jobs are attributable to San Diego Bay tideland businesses and the United States Navy. (f) Tremendous strides have been made in cleaning up San Diego Bay. Up until the 1960s, environmental laws and regulations did not protect San Diego Bay from impacts from sewage, garbage, and other discharges that had a detrimental impact on the health of the bay. Since that time, efforts by federal, state, regional, and local governments and environmental organizations have led to a dramatic improvement in water quality and species diversity. Whereas a 1973 study found 38 different fish species in San Diego Bay, a 1999 study found 78 different fish species in that bay. In addition, the generally warm and hypersaline waters of south San Diego Bay offer a warm water refuge for a number of tropical species, including green sea turtles and sea horses, making it unique among all other southern California bays. (g) The current regulatory framework for San Diego Bay does not address adequately some basic macrolevel ecosystem matters such as the overall health of the bay and therefore does not provide a baseline to evaluate the need for additional regulation of the bay. (h) Some decisions regarding San Diego Bay have been based on published reports that do not present an adequate basis for policy development. (i) Extensive data collected under the Bay Protection and Toxic Hotspots Cleanup Program revealed serious contamination of portions of San Diego Bay. It is necessary to take actions in these areas to ensure restoration of marine life health to San Diego Bay. (j) It is necessary to undertake an independent assessment of San Diego Bay for the purpose of making comprehensive decisions with regard to future actions to improve habitat and species diversity in the bay. (k) The San Diego Regional Water Quality Control Board has adopted discharge permits for the United States Navy facilities on San Diego Bay. These permits impose effluent limitations for acute toxicity applicable to discharges of stormwater runoff associated with industrial activity, and require monitoring of these discharges for acute toxicity. Pursuant to the discharge permits, the United States Navy has four years after adoption to propose alternative effluent limitations for acute toxicity in discharges of stormwater runoff associated with industrial activity. While the United States Navy's willingness to undertake that effort is noted, it is not appropriate for the United States Navy to propose a new acute toxicity effluent limitation independent of other major stakeholders that would be affected by that standard. (l) It is the intent of the Legislature that this act will support efforts to implement water quality standards and objectives in a fair and equitable manner that ensures full protection of all beneficial uses of the bay. SEC. 2. Chapter 5.3 (commencing with Section 13368) is added to Division 7 of the Water Code, to read: CHAPTER 5.3. SAN DIEGO BAY ADVISORY COMMITTEE FOR ECOLOGICAL ASSESSMENT 13368. (a) The San Diego Bay Advisory Committee for Ecological Assessment is hereby established. (b) The committee shall prepare a report on all of the following: (1) An evaluation of existing and historic data and trends in the overall health of San Diego Bay, including, but not limited to, trends in pollutant levels and trends in the numbers and diversity of species. (2) The identification of habitat enhancement projects in the Integrated Natural Resources Management Plan for San Diego Bay that may be necessary to provide increased population and diversity for species within San Diego Bay. (3) An assessment of, and recommendations for, including feasibility and economic practicability of, the best available technology that is economically available and the best conventional pollution control technology related to stormwater treatment systems meeting toxicity standards. (c) For the purposes of carrying out subdivision (b), the committee shall consider and make use of the Integrated Natural Resources Management Plan for San Diego Bay prepared by the United States Navy in conjunction with numerous stakeholders. (d) Upon the request of the United States Navy, the committee may provide oversight and assistance in the Navy's development of alternative acute toxicity effluent limitations for discharges of stormwater runoff associated with industrial activity, as authorized by the San Diego Regional Water Quality Control Board, in approval of the National Pollutant Discharge Elimination System permits for Naval Base Point Loma, Naval Base San Diego, and Naval Base Coronado. (e) (1) The committee shall be chaired by the Chairperson of the San Diego Unified Port District. The following entities may each appoint one representative to the committee: (A) The San Diego City Council. (B) The City of Chula Vista. (C) The City of Coronado. (D) The City of Imperial Beach. (E) The City of National City. (F) The Environmental Health Coalition. (G) The San Diego Baykeeper. (H) The San Diego Audubon Society. (I) The San Diego Chapter of the Surfrider Foundation. (J) The Sierra Club. (K) The San Diego Port Tenants Association. (L) The Industrial Environmental Association. (M) The San Diego Convention and Visitors Bureau. (N) Scripps Institute of Oceanography. (O) City of San Diego Metropolitan Wastewater Joint Powers Authority. (P) The California Coastal Commission. (2) The San Diego County Board of Supervisors may appoint two representatives to the committee. One of the persons appointed pursuant to this paragraph shall be a recreational boat owner who resides in San Diego County. (3) The following entities may each appoint one nonvoting member to the committee: (A) The United States Navy. (B) The Department of Fish and Game. (C) The United States Fish and Wildlife Service. (D) The National Marine Fisheries Service. (E) The University of California and California State University at San Diego may each appoint one nonvoting member. (4) The San Diego Regional Water Quality Control Board is encouraged to participate in the proceedings of committee. (f) Committee members may not be compensated for their services or be reimbursed for any expenses incurred in the performance of their duties pursuant to this chapter. (g) (1) Staffing for the committee shall be provided by the San Diego Unified Port District at the direction of the committee. The committee may accept grant funds and contract for professional services to carry out this chapter. The San Diego Unified Port District shall administer the grants made to the committee. (2) Not more than 3 percent of the total amount of money received by the committee may be used to pay costs incurred in connection with the administration of the grants. (h) The report required by subdivision (b) shall be submitted, on or before December 31, 2005, to all of the following: (1) The Chairpersons of the Assembly Committee on Water, Parks and Wildlife, the Assembly Committee on Environmental Safety and Toxic Materials, the Senate Committee on Environmental Quality, and the Senate Committee on Agriculture and Water Resources. (2) The San Diego Regional Water Quality Control Board. (3) The state board. (4) The California Coastal Commission. 13368.5. This chapter shall remain in effect only until January 1, 2006, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2006, deletes or extends that date. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.