California Legislature—2013–14 Regular Session

Assembly BillNo. 1251

Introduced by Assembly Member Gorell

February 22, 2013

An act to add Chapter 5.10 (commencing with Section 13399.50) to Division 7 of, and to repeal Section 13399.51 of, the Water Code, relating to water quality.


AB 1251, as introduced, Gorell. Water quality: stormwater.

Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements for the discharge of stormwater in accordance with the national pollutant discharge elimination system permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act.

This bill would require the Secretary for Environmental Protection to convene a stormwater task force to review, plan, and coordinate stormwater-related activity to maximize regulatory effectiveness in reducing water pollution. The bill would require the task force to meet on a quarterly basis.

This bill would require the task force, on or before January 1, 2017, to submit to the Legislature a statewide stormwater plan regarding stormwater management. The bill would require the task force, in developing the plan, to consider specified issues. The bill would repeal this provision on January 1, 2021.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1


The Legislature finds and declares all of the

3(a) California possesses a world-leading air pollution control
4program that continues to strive toward meeting aggressive air
5quality goals through holistic approaches and strategies. While the
6air pollution cleanup effort started in the 1970s through strict
7command-and-control regulations, the second stage required state
8and local air quality management districts and air pollution control
9districts to consider market-based approaches in conjunction with
10source control practices that helped California meet state and
11federal air pollution reduction goals. This holistic effort required
12a redesigning of our transportation network and a redesigning of

14(b) In a similar way, the state’s approach to water quality issues
15should require a comprehensive approach that will make
16stormwater cleanup manageable and achievable. For example, the
17Legislature and various state agencies should consider how brake
18pad dust (copper), tire wear (zinc), vehicular fluids (oil, coolants,
19etc.), building materials, and other pollutants significantly
20contribute to stormwater pollution. Often, stormwater permitholders
21face a significant burden trying to clean these pollutants from
22stormwater runoff, over which they have no control.

23(c) Cities in California are taking legal action to challenge state
24and federal stormwater quality requirements. A long-term approach
25is needed to ensure cleaner water is entering our waterways without
26crippling the entities that are held responsible for cleaning up the
27discharges into our waterways. A viable long-term approach will
28require coordination among existing regulatory programs, which
29will provide a more effective mechanism to achieve the goals of
30state and federal statutes, while minimizing costs for stakeholders.


SEC. 2.  

Chapter 5.10 (commencing with Section 13399.50) is
32added to Division 7 of the Water Code, to read:


34Chapter  5.10. Stormwater Task Force




(a) The Secretary for Environmental Protection
37shall convene a Stormwater Task Force to review, plan, and
P3    1coordinate stormwater-related activity to maximize regulatory
2effectiveness in reducing water pollution.

3(b) The task force shall include all of the following members:

4(1) Representatives from appropriate agencies and departments
5within the California Environmental Protection Agency.

6(2) The Secretary of Food and Agriculture.

7(3) A representative from the Office of Planning and Research.

8(c) The task force shall meet on a quarterly basis.



(a) On or before January 1, 2017, the stormwater
10task force shall submit to the Legislature, pursuant to Section 9795
11of the Government Code, a statewide stormwater plan that makes
12recommendations on appropriate legislation to integrate the control
13of sources of stormwater pollutants with existing programs related
14to water quality in an efficient manner. In developing the plan, the
15task force shall consider all of the following:

16(1) The full spectrum of stormwater constituents that are
17considered pollutants and all potential methods to address and
18control the sources of those pollutants.

19(2) The cost-effectiveness and the economic impacts of the
20control measures.

21(3) The costs and benefits of stormwater capture and reuse
22systems as compared to stormwater discharge regulations.

23(4) The beneficial uses of water.

24(5) The benefits to public health.

25(6) Consistency with the fundamentals of the federal Clean
26Water Act (33 U.S.C. Sec. 1251 et seq.).

27(b) Pursuant to Section 10231.5 of the Government Code, this
28section shall be repealed on January 1, 2021.