Amended in Senate April 9, 2014

Senate Bill No. 985

Introduced by Senator Pavley

February 11, 2014

An act to amend Sections begin delete 10561 and end delete begin insert 10561, end insert 10562 begin insert , and 10573 end insert of begin insert , and to add Section 10561.5 to, end insert the Water Code, relating to stormwater.

LEGISLATIVE COUNSEL’S DIGEST

SB 985, as amended, Pavley. Stormwater resource planning.

Existing law, the Stormwater Resource Planning Act, authorizes a city, county, or special district, to develop a stormwater resource plan that meets certain standards.

This bill would require a stormwater resource plan to identify begin delete opportunities to use existing publicly owned lands to capture and reuse stormwater end delete begin insert and prioritize stormwater and dry weather runoff capture projects for implementation in a prescribed quantitative manner and to prioritize the use of lands or easements in public ownership for stormwater and dry weather runoff projects. This bill would eliminate the requirement that a stormwater resource plan be consistent with any applicable integrated regional water management plan. This bill would require an entity developing a stormwater resource plan to identify in the plan opportunities to use existing publicly owned lands and easements to capture and reuse stormwater. This bill would define dry weather runoff and stormwater for the purposes of the act and conform the definition of stormwater in the Rainwater Capture Act of 2012 end insert .

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

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

SECTION 1.  

Section 10561 of the Water Code is amended to
read:

10561.  

The Legislature hereby finds and declares all of the
following:

(a) In many parts of the state stormwater begin delete is an underutilized
source end delete begin insert and dry weather runoff are underutilized sources end insert of surface
water and groundwater supplies. Instead of being viewed as a
resource, begin delete it is end delete begin insert they are end insert often seen begin insert as a problem that must be moved
to the ocean as quickly as possible or end insert as a source of contamination,
contributing to a loss of usable water supplies and the pollution
and impairment of rivers, lakes, streams, and coastal waters.

(b) Improved management of stormwater begin insert and dry weather runoff end insert
can improve water quality begin insert , reduce localized flooding, end insert and increase
water supplies for beneficial uses and the environment.

(c) Most of California’s current stormwater drainage systems
are designed to capture and convey water away from people and
property rather than capturing that water for beneficial uses.

(d) Historical patterns of precipitation are predicted to change
and an increasing amount of California’s water is predicted to fall
not as snow in the mountains, but as rain in other areas of the state.
This will likely have a profound and transforming effect on
California’s hydrologic cycle and much of that water will no longer
be captured by California’s reservoirs, many of which are located
to capture snow melt.

(e)  begin delete Stormwater, properly end delete begin insert When properly designed and end insert begin insert end insert managed,
begin insert the capture and use of stormwater and dry weather runoff end insert can
contribute significantly to local water supplies through onsite
storage and reuse, or letting it begin delete percolate end delete begin insert infiltrate end insert into the ground
to recharge groundwater, begin insert either onsite or at regional facilities, end insert
thereby increasing available supplies of drinking water.

(f) New developments and redevelopments should be designed
to be consistent with low-impact development principles to improve
the retention, reuse, and begin delete percolation of stormwater onsite end delete
begin insert infiltration of stormwater and dry weather runoff onsite or at
regional facilities end insert .

(g) Stormwater begin insert and dry weather runoff end insert can be managed to
achieve environmental and societal benefits such as wetland
creation, riverside habitats, instream flows, and an increase in
urban green space.

(h) Stormwater begin insert and dry weather runoff end insert management through
multiobjective projects can achieve additional benefits, including
augmenting recreation opportunities for communities, increased
tree canopy, reduced urban heat island effect, and improved air
quality.

begin insert

(i) The capture and use of stormwater and dry weather runoff
is not only one of the most cost-effective sources of new water
supplies, it is a supply that can often be provided using significantly
less energy than other sources of new water supplies.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 10561.5 is added to the end insert begin insert Water Code end insert begin insert , to read: end insert

begin insert

begin insert 10561.5. end insert   

Solely for the purposes of this part, and unless the
context otherwise requires, the following definitions govern the
construction of this part:

(a) “Dry weather runoff” means surface waterflow produced
by nonstormwater resulting from residential, commercial, and
industrial activities involving the use of potable and nonpotable
water.

(b) “Stormwater” means temporary surface water runoff and
drainage generated by immediately preceding storms. This
definition shall be interpreted consistent with the definition of
“stormwater” in Section 122.26 of Title 40 of the Code of Federal
Regulations.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 10562 of the Water Code is amended to read:

10562.  

(a) A city, county, or special district, either individually
or jointly, may develop a stormwater resource plan pursuant to
this part.

(b) Stormwater resource plans shall:

(1) Be developed on a watershed basis.

begin insert

(2) Identify and prioritize stormwater and dry weather runoff
capture projects for implementation in a quantitative manner,
using a metrics-based and integrated evaluation and analysis of
multiple benefits to maximize water supply, water quality, flood
management, environmental, and other community benefits within
the watershed.

end insert begin delete

(2)

end delete

begin insert (3) end insert  Provide for multiple benefit project design to maximize
water supply, water quality, and environmental and other
community benefits.

begin delete

(3)

end delete

begin insert (4) end insert  Provide for community participation in plan development
and implementation.

begin delete

(4)

end delete

begin insert (5) end insert  Be consistent with, and assist in, compliance with total
maximum daily load (TMDL) implementation plans and applicable
national pollutant discharge elimination system (NPDES) permits.

begin delete

(5)

end delete

begin insert (6) end insert  Be consistent with all applicable waste discharge permits.

begin delete

(6) Be consistent with any applicable integrated regional water
management plan.

end delete begin insert

(7) Prioritize the use of lands or easements in public ownership
for stormwater and dry weather runoff projects.

end insert

(c) The proposed or adopted plan shall meet the standards
outlined in this section. The plan need not be referred to as a
“stormwater resource plan.” Existing planning documents may be
utilized as a functionally equivalent plan, including, but not limited
to, watershed management plans, integrated resource plans, urban
water management plans, or similar plans. If a planning document
does not meet the standards of this section, a collection of local
and regional plans may constitute a functional equivalent.

(d)  begin delete Stormwater end delete begin insert An entity developing a stormwater end insert begin insert end insert resource
begin delete plans end delete begin insert plan end insert shall identify begin insert in the plan end insert all of the following:

(1) Opportunities to augment local water supply through
groundwater recharge or storage for beneficial reuse of stormwater.

(2) Opportunities for source control for both pollution and
stormwater runoff volume, onsite and local infiltration, and reuse
of stormwater.

(3) Projects to reestablish natural water drainage treatment and
infiltration systems, or mimic natural system functions to the
maximum extent feasible.

(4) Opportunities to develop or enhance habitat and open space
through stormwater management, including wetlands, riverside
habitats, parkways, and parks.

(5) Opportunities to use existing publicly owned lands begin insert and
easements end insert , including, but not limited to, parks, begin delete school sites, end delete begin insert public
open space, community gardens, farm and agricultural preserves,
school end insert begin insert sites, end insert and government office buildings and complexes, to
capture and reuse stormwater.

(6) Design criteria and best management practices to prevent
stormwater pollution and increase effective stormwater
management for new and upgraded infrastructure and residential,
commercial, industrial, and public development. These design
criteria and best management practices shall accomplish all of the
following:

(A) Reduce effective impermeability within a watershed by
creating permeable surfaces and directing stormwater to permeable
surfaces, retention basins, cisterns, and other storage for beneficial
reuse.

(B) Increase water storage for beneficial use through a variety
of begin delete on-site end delete begin insert onsite end insert storage techniques.

(C) Increase groundwater supplies through infiltration, where
appropriate and feasible.

(D) Support low-impact development for new and upgraded
infrastructure and development using low-impact techniques.

(7) Activities that generate or contribute to the pollution of
stormwater, or that impair the effective beneficial use of
stormwater.

(8) Projects and programs to ensure the effective implementation
of the stormwater resource plan pursuant to this part and achieve
multiple benefits. begin insert These projects and programs shall include the
development of appropriate decision support tools and the data
necessary to use the decision support tools. end insert

(9) Ordinances or other mechanisms necessary to ensure the
effective implementation of the stormwater resource plan pursuant
to this part.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 10573 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

10573.  

Solely for the purposes of this part, and unless the
context otherwise requires, the following definitions govern the
construction of this part:

(a) “Developed or developing lands” means lands that have one
or more of the characteristics described in subparagraphs (A) to
(C), inclusive, of paragraph (4) of subdivision (b) of Section
56375.3 of the Government Code.

(b) “Rain barrel system” is a type of rainwater capture system
that does not use electricity or a water pump and is not connected
to or reliant on a potable water system.

(c) “Rainwater” means precipitation on any public or private
parcel that has not entered an offsite storm drain system or channel,
a flood control channel, or any other stream channel, and has not
previously been put to beneficial use.

(d) “Rainwater capture system” means a facility designed to
capture, retain, and store rainwater flowing off a building rooftop
for subsequent onsite use.

(e) “Stormwater” begin delete means temporary surface water runoff and
drainage generated by immediately preceding storms. This
definition shall be interpreted consistent with the definition of
“stormwater” in Section 122.26 of Title 40 of the Code of Federal
Regulations end delete begin insert has the same meaning as defined in Section 10561.5 end insert .