Amended in Assembly August 18, 2014

Amended in Assembly June 24, 2014

Amended in Assembly June 10, 2014

Amended in Senate May 7, 2014

Amended in Senate April 9, 2014

Senate Bill No. 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 would begin insert authorize one or more public agencies to develop a stormwater resource plan. The bill would end insert expand begin delete those end delete begin insert the end insert standards to include dry weather runoff. This bill would require a stormwater resource plan begin insert to be submitted to any applicable regional water management group, end insert to identify and prioritize stormwater and dry weather runoff capture projects for implementation in a prescribed quantitative manner begin insert , end insert 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, clean, store, and use stormwater and dry weather runoff either onsite or offsite. This bill would require the State Water Resources Control Board, by July 1, 2016, to establish begin delete a policy for compliance with end delete begin insert guidance for purposes of end insert 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, except as provided. 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:

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 and dry weather runoff
are underutilized sources of surface water and groundwater
supplies. Instead of being viewed as a resource, they are often seen
as a problem that must be moved to the ocean as quickly as possible
or 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 and dry weather
runoff, including capture, treatment, and reuse by using the natural
functions of soils and plants, can improve water quality, reduce
localized flooding, 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) When properly designed and managed, the capture and use
of stormwater and dry weather runoff can contribute significantly
to local water supplies through onsite storage and use, or letting
it infiltrate into the ground to recharge groundwater, either onsite
or at regional facilities, 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, use, and infiltration of stormwater and dry weather
runoff onsite or at regional facilities.

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

(h) Stormwater and dry weather runoff 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.

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

(j) 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.

SEC. 2.  

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

10561.5.  

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 and
waterflow in storm drains, flood control channels, or other means
of runoff conveyance produced by nonstormwater resulting from
irrigation, residential, commercial, and industrial activities.

(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.

SEC. 3.  

Section 10562 of the Water Code is amended to read:

10562.  

(a)  begin delete A city, county, or special district, either individually
or jointly, end delete begin insert One or more public agencies end insert may develop a stormwater
resource plan pursuant to this part.

(b)  A stormwater resource plan shall:

(1) Be developed on a watershed basis.

(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.

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

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

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

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

begin insert

(7) Upon development, be submitted to any applicable integrated
regional water management group. Upon receipt, the integrated
regional water management group shall incorporate the
stormwater resource plan into its integrated regional water
management plan.

end insert begin delete

(7)

end delete

begin insert (8) end insert  Prioritize the use of lands or easements in public ownership
for stormwater and dry weather runoff projects.

(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, if the
plans collectively meet all of the requirements of this part.

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

(1) Opportunities to augment local water supply through
groundwater recharge or storage for beneficial use of stormwater
and dry weather runoff.

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

(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, restore, or enhance habitat and
open space through stormwater and dry weather runoff
management, including wetlands, riverside habitats, parkways,
and parks.

(5) Opportunities to use existing publicly owned lands and
easements, including, but not limited to, parks, public open space,
community gardens, farm and agricultural preserves, schoolsites,
and government office buildings and complexes, to capture, clean,
store, and use stormwater and dry weather runoff either onsite or
offsite.

(6) Design criteria and best management practices to prevent
stormwater and dry weather runoff pollution and increase effective
stormwater and dry weather runoff 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 and dry
weather runoff to permeable surfaces, retention basins, cisterns,
and other storage for beneficial use.

(B) Increase water storage for beneficial use through a variety
of onsite 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 dry weather runoff, or that impair the effective
beneficial use of stormwater or dry weather runoff.

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

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

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

SEC. 4.  

Section 10563 of the Water Code is amended to read:

10563.  

(a)  begin delete Nothing in this end delete begin insert This end insert part begin delete interferes end delete begin insert does not interfere end insert
with or begin delete prevents end delete begin insert prevent end insert the exercise of authority by a public
agency to carry out its programs, projects, or responsibilities.

(b)  begin delete Nothing in this end delete begin insert This end insert part begin delete affects end delete begin insert does not affect end insert requirements
imposed under any other begin delete provision of end delete law.

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

(2) This subdivision does not apply to begin delete funds end delete begin insert either of the
following: end insert

begin insert (A) end insert begin insert   end insert begin insert Funds end insert provided for the purpose of developing a stormwater
resource plan.

begin insert

(B) A grant for a disadvantaged community, as defined in
Section 79505.5, with a population of 20,000 or less, and that is
not a copermittee for a municipal separate storm water system
national pollutant discharge elimination system (NPDES) permit
issued to a municipality with a population greater than 20,000.

end insert

SEC. 5.  

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

10565.  

By July 1, 2016, the board shall establish begin delete a policy for
compliance with end delete begin insert guidance for end insert this part that shall include, but is
not limited to, the following:

(a) Identifying begin insert types of end insert local agencies and nongovernmental
organizations that need to be consulted in developing a stormwater
resource plan.

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

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

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

SEC. 6.  

Section 10573 of the Water Code is amended to read:

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” has the same meaning as defined in Section
10561.5.