Amended in Assembly June 10, 2014

Amended in Senate May 7, 2014

Amended in Senate April 9, 2014

Senate BillNo. 985


Introduced by Senator Pavley

February 11, 2014


An act to amend Sections 10561, 10562, 10563, and 10573 of, and to add Sections 10561.5 and 10565 to, 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 wouldbegin insert expand those standards to include dry weather runoff. This bill wouldend insert require a stormwater resource plan to identify 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 capturebegin insert, clean, store,end insert and use stormwaterbegin insert and dry weather runoffend insert. This bill would require the State Water Resources Control Board, by July 1, 2016, to establish a policy for compliance with these provisions. This bill would require the development of a stormwater resource plan and compliance with these provisions to receive grants for stormwater and dry weather runoff capture projects from a bond act approved by the voters after January 1, 2014. 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.

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

SECTION 1.  

Section 10561 of the Water Code is amended to
2read:

3

10561.  

The Legislature hereby finds and declares all of the
4following:

5(a) In many parts of the state stormwater and dry weather runoff
6are underutilized sources of surface water and groundwater
7supplies. Instead of being viewed as a resource, they are often seen
8as a problem that must be moved to the ocean as quickly as possible
9or as a source of contamination, contributing to a loss of usable
10water supplies and the pollution and impairment of rivers, lakes,
11streams, and coastal waters.

12(b) Improved management of stormwater and dry weatherbegin delete runoffend delete
13begin insert runoff, including capture, treatment, and reuse by using the natural
14functions of soils and plants,end insert
can improve water quality, reduce
15localized flooding, and increase water supplies for beneficial uses
16and the environment.

17(c) Most of California’s current stormwater drainage systems
18are designed to capture and convey water away from people and
19property rather than capturing that water for beneficial uses.

20(d) Historical patterns of precipitation are predicted to change
21and an increasing amount of California’s water is predicted to fall
22not as snow in the mountains, but as rain in other areas of the state.
23This will likely have a profound and transforming effect on
24California’s hydrologic cycle and much of that water will no longer
25be captured by California’s reservoirs, many of which are located
26to capture snow melt.

27(e) When properly designed and managed, the capture and use
28of stormwater and dry weather runoff can contribute significantly
29to local water supplies through onsite storage and use, or letting
P3    1it infiltrate into the ground to recharge groundwater, either onsite
2or at regional facilities, thereby increasing available supplies of
3drinking water.

4(f) New developments and redevelopments should be designed
5to be consistent with low-impact development principles to improve
6the retention, use, and infiltration of stormwater and dry weather
7runoff onsite or at regional facilities.

8(g) Stormwater and dry weather runoff can be managed to
9achieve environmental and societal benefits such as wetland
10creation, riverside habitats, instream flows, and an increase in
11urban green space.

12(h) Stormwater and dry weather runoff management through
13multiobjective projects can achieve additional benefits, including
14augmenting recreation opportunities for communities, increased
15tree canopy, reduced urban heat island effect, and improved air
16quality.

17(i) Proper planning and implementation is vital to ensure that
18the water supply and other benefits potentially available through
19better management of stormwater and dry weather runoff do not
20come at the expense of diminished water quality.

21(j) The capture and use of stormwater and dry weather runoff
22is not only one of the most cost-effective sources of new water
23supplies, it is a supply that can often be provided using significantly
24less energy than other sources of new water supplies.

25

SEC. 2.  

Section 10561.5 is added to the Water Code, to read:

26

10561.5.  

Solely for the purposes of this part, and unless the
27context otherwise requires, the following definitions govern the
28construction of this part:

29(a) “Dry weather runoff” means surface waterflowbegin insert and
30waterflow in storm drains, flood control channels, or other means
31of runoff conveyanceend insert
produced by nonstormwater resulting from
32begin insert irrigation,end insert residential, commercial, and industrial activities
33begin delete involving the use of potable and nonpotable waterend delete.

34(b) “Stormwater” means temporary surface water runoff and
35drainage generated by immediately preceding storms. This
36definition shall be interpreted consistent with the definition of
37“stormwater” in Section 122.26 of Title 40 of the Code of Federal
38Regulations.

39

SEC. 3.  

Section 10562 of the Water Code is amended to read:

P4    1

10562.  

(a) A city, county, or special district, either individually
2or jointly, may develop a stormwater resource plan pursuant to
3this part.

4(b) begin deleteStormwater resource plansend deletebegin insert A stormwater resource planend insert shall:

5(1) Be developed on a watershed basis.

6(2) Identify and prioritize stormwater and dry weather runoff
7capture projects for implementation in a quantitative manner, using
8a metrics-based and integrated evaluation and analysis of multiple
9benefits to maximize water supply, water quality, flood
10management, environmental, and other community benefits within
11the watershed.

12(3) Provide for multiple benefit project design to maximize
13water supply, water quality, and environmental and other
14community benefits.

15(4) Provide for community participation in plan development
16and implementation.

17(5) Be consistent with, and assist in, compliance with total
18maximum daily load (TMDL) implementation plans and applicable
19national pollutant discharge elimination system (NPDES) permits.

20(6) Be consistent with all applicable waste discharge permits.

21(7) Prioritize the use of lands or easements in public ownership
22for stormwater and dry weather runoff projects.

23(c) The proposed or adopted plan shall meet the standards
24outlined in this section. The plan need not be referred to as a
25“stormwater resource plan.” Existing planning documents may be
26utilized as a functionally equivalent plan, including, but not limited
27to, watershed management plans, integrated resource plans, urban
28water management plans, or similar plans. If a planning document
29does not meet the standards of this section, a collection of local
30and regional plans may constitute a functionalbegin delete equivalentend delete
31begin insert equivalent, if the plans collectively meet all of the requirements
32of this partend insert
.

33(d) An entity developing a stormwater resource plan shall
34identify in the plan all of the following:

35(1) Opportunities to augment local water supply through
36groundwater recharge or storage for beneficial use of stormwater
37begin insert and dry weather runoffend insert.

38(2) Opportunities for source control for both pollution and
39stormwaterbegin insert and dry weatherend insert runoff volume, onsite and local
40infiltration, and use of stormwaterbegin insert and dry weather runoffend insert.

P5    1(3) Projects to reestablish natural water drainage treatment and
2infiltration systems, or mimic natural system functions to the
3maximum extent feasible.

4(4) Opportunities tobegin delete developend deletebegin insert develop, restore,end insert or enhance habitat
5and open space through stormwaterbegin insert and dry weather runoffend insert
6 management, including wetlands, riverside habitats, parkways,
7and parks.

8(5) Opportunities to use existing publicly owned lands and
9easements, including, but not limited to, parks, public open space,
10community gardens, farm and agricultural preserves, schoolsites,
11and government office buildings and complexes, to capturebegin insert, clean,
12store,end insert
and use stormwaterbegin insert and dry weather runoffend insert.

13(6) Design criteria and best management practices to prevent
14stormwaterbegin insert and dry weather runoffend insert pollution and increase effective
15stormwaterbegin insert and dry weather runoffend insert management for new and
16upgraded infrastructure and residential, commercial, industrial,
17and public development. These design criteria and best
18management practices shall accomplish all of the following:

19(A) Reduce effective impermeability within a watershed by
20creating permeable surfaces and directing stormwaterbegin insert and dry
21weather runoffend insert
to permeable surfaces, retention basins, cisterns,
22and other storage for beneficial use.

23(B) Increase water storage for beneficial use through a variety
24of onsite storage techniques.

25(C) Increase groundwater supplies through infiltration, where
26appropriate and feasible.

27(D) Support low-impact development for new and upgraded
28infrastructure and development using low-impact techniques.

29(7) Activities that generate or contribute to the pollution of
30stormwaterbegin insert or dry weather runoffend insert, or that impair the effective
31beneficial use of stormwaterbegin insert or dry weather runoffend insert.

32(8) Projects and programs to ensure the effective implementation
33of the stormwater resource plan pursuant to this part and achieve
34multiple benefits. These projects and programs shall include the
35development of appropriate decision support tools and the data
36necessary to use the decision support tools.

37(9) Ordinances or other mechanisms necessary to ensure the
38effective implementation of the stormwater resource plan pursuant
39to this part.

begin insert

P6    1(e) A stormwater resource plan shall use measurable factors to
2identify, quantify, and prioritize potential stormwater and dry
3weather runoff capture projects.

end insert
4

SEC. 4.  

Section 10563 of the Water Code is amended to read:

5

10563.  

(a) Nothing in this part interferes with or prevents the
6exercise of authority by a public agency to carry out its programs,
7projects, or responsibilities.

8(b) Nothing in this part affects requirements imposed under any
9other provision of law.

10(c) The development of a stormwater resource plan and
11compliance with this part in accordance with Section 10565 shall
12be required to receive grants for stormwater and dry weather runoff
13capture projects from a bond act approved by the voters after
14January 1, 2014.

15

SEC. 5.  

Section 10565 is added to the Water Code, to read:

16

10565.  

By July 1, 2016, the board shall establish a policy for
17compliance with this part that shall include, but is not limited to,
18the following:

19(a) Identifying local agencies and nongovernmental
20organizations that need to be consulted in developing a stormwater
21resource plan.

22(b) Defining appropriate quantitative methods for identifying
23and prioritizing opportunities for stormwater and dry weather
24runoff capture projects.

begin delete

25(c) Identifying prerequisites necessary for stormwater resource
26plans to be considered as a part of an alternative compliance plan
27for municipal or stormwater national pollutant discharge
28elimination system (NPDES) permits.

end delete
begin insert

29(c) Defining the appropriate geographic scale of watersheds
30for stormwater resource planning.

end insert

31(d) Other guidance the board deems appropriate to achieve the
32objectives of this part.

33

SEC. 6.  

Section 10573 of the Water Code is amended to read:

34

10573.  

Solely for the purposes of this part, and unless the
35context otherwise requires, the following definitions govern the
36construction of this part:

37(a) “Developed or developing lands” means lands that have one
38or more of the characteristics described in subparagraphs (A) to
39(C), inclusive, of paragraph (4) of subdivision (b) of Section
4056375.3 of the Government Code.

P7    1(b) “Rain barrel system” is a type of rainwater capture system
2that does not use electricity or a water pump and is not connected
3to or reliant on a potable water system.

4(c) “Rainwater” means precipitation on any public or private
5parcel that has not entered an offsite storm drain system or channel,
6 a flood control channel, or any other stream channel, and has not
7previously been put to beneficial use.

8(d) “Rainwater capture system” means a facility designed to
9capture, retain, and store rainwater flowing off a building rooftop
10for subsequent onsite use.

11(e) “Stormwater” has the same meaning as defined in Section
1210561.5.



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