Amended in Assembly April 10, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 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.

LEGISLATIVE COUNSEL’S DIGEST

AB 1251, as amended, 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:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a)  begin delete California end delete begin insert The current regulatory scheme that guides
California’s stormwater clean-up efforts primarily focuses on
end-of-pipe requirements. The State Water Resources Control
Board and the California regional water quality control boards,
which, among other duties, implement the Federal Clean Water
Act, are limited in jurisdiction only to those matters that those
agencies are authorized to regulate. While the State Water
Resources Control Board and the California regional water quality
control boards are fully authorized to regulate permitholders,
those agencies are not authorized to regulate industries that
produce materials that result in the creation of pollutants when
stormwater runs off a permitholder’s property and which
permitholders are then required to clean up. As compliance
standards increase, the burden of cleanup has disproportionally
fallen on property owners who are tasked with cleaning up
pollutants that they did not initially create. end insert

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

begin delete

(b)

end delete

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

begin delete

(c) Cities in California are taking legal action to challenge state
and federal stormwater quality requirements. A long-term approach
is needed to ensure cleaner water is entering our waterways without
crippling the entities that are held responsible for cleaning up the
discharges into our waterways. A

end delete

begin insert (d) end insert begin insert   end insert begin insert To address water quality concerns, end insert begin insert an equitable and efficient
long-term approach not only considers conveyance but also source
controls end insert begin insert . A end insert viable long-term approach will require coordination
among existing regulatory programs, which will provide a more
effective mechanism to achieve the goals of state and federal
statutes, while minimizing costs for stakeholders.

SEC. 2.  

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

 

Chapter  5.10. Stormwater Task Force

 

13399.50.  

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

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

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

(2) The Secretary of Food and Agriculture.

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

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

13399.51.  

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

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

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

(3) The costs and benefits of stormwater capture and begin delete reuse end delete begin insert use end insert
systems as compared to stormwater discharge regulations.

(4) The beneficial uses of water.

(5) The benefits to public health.

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

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