BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                        SB 985|
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                                    THIRD READING


          Bill No:  SB 985
          Author:   Pavley (D)
          Amended:  5/7/14
          Vote:     21

           
           SENATE NATURAL RESOURCES AND WATER COMMITTEE  :  8-0, 4/22/14
          AYES:  Pavley, Cannella, Evans, Hueso, Jackson, Lara, Monning,  
            Wolk
          NO VOTE RECORDED:  Fuller

           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  6-0, 4/30/14
          AYES:  Hill, Gaines, Hancock, Jackson, Leno, Pavley
          NO VOTE RECORDED:  Fuller

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/14
          AYES:  De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    Stormwater resource planning

           SOURCE  :     Author


           DIGEST  :    This bill requires 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.

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

          1. Recasts the findings and declarations emphasizing that  
             stormwater and dry weather runoff are underutilized sources  
             of surface water and groundwater supplies that should be  
             captured and put to beneficial use.  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.

          2. Defines stormwater and dry weather runoff, and makes  
             conforming changes to the Rainwater Capture Act of 2012.

          3. Requires plans to also:

             A.    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.

             B.    Identify and prioritize opportunities to use of lands  
                or easements in public ownership for stormwater and dry  
                weather runoff projects.

          4. Requires, by July 1, 2016, the Water Resources Control Board  
             (Board) to establish a policy for compliance that must  
             include, but is not limited to, the following: 

             A.    Identifying 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.    Identifying prerequisites necessary for stormwater  

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                resource plans to be considered as part of an  
                alternative compliance plan for municipal or stormwater  
                national pollutant discharge elimination system  
                permits. 

             D.    Other guidance the Board deems appropriate. 

          5. Requires the development of a stormwater resource plan and  
             compliance, under provisions of this bill, to receive grants  
             for stormwater and dry weather runoff capture projects from a  
             bond act approved by the voters after January 1, 2014.

          6. Deletes the requirement that plans be consistent with  
             Integrated Regional Water Management Plans.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No


          According to the Senate Appropriations Committee:


           One-time costs of approximately $390,000 from the Waste  
            Discharge Permit Fund (special for one year for the Board to  
            develop the required policy to guide compliance.

           Unknown potential cost pressures to the Board to approve  
            stormwater resource plans as a condition of eligibility for  
            future bond monies.

           SUPPORT  :   (Verified  5/22/14)

          City of Signal Hill
          Community Conservation Solutions
          Heal the Bay
          Planning and Conservation League
          Sierra Club California 
          The Trust for Public Land

           OPPOSITION  :    (Verified  5/22/14)

          City of Laguna Hills

           ARGUMENTS IN SUPPORT  :    According to the author, "If we are  

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          going to reduce our dependence on imported water through  
          regional solutions, we must become more frugal with our water.   
          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.

          This bill "builds on [?] SB 790 from 2009 by more finely  
          focusing the Stormwater Resources Act on the capture and use of  
          stormwater and dry weather runoff.  Stormwater resource plans  
          remain voluntary.  The bill now makes clear that the entity  
          creating the plan is responsible for developing the necessary  
          elements, including identifying public lands for potential  
          projects and the development and use of appropriate analytics."


          RM:d  5/23/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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