BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 985| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. CONTINUED SB 985 Page 2 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 CONTINUED SB 985 Page 3 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 CONTINUED SB 985 Page 4 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 **** END **** CONTINUED