California Legislature—2015–16 Regular Session

Assembly Joint Resolution No. 44

Introduced by Assembly Member Holden

June 9, 2016

Assembly Joint Resolution No. 44—Relative to stormwater.

LEGISLATIVE COUNSEL’S DIGEST

AJR 44, as introduced, Holden. Municipal separate storm sewer system stormwater permits: federal financial support.

This measure would urge the federal government to provide greater financial support for local agencies implementing a federal mandate to improve stormwater quality, including, but not limited to, by passing legislation strengthening the Clean Water State Revolving Fund and creating new grant programs to assist in funding stormwater projects.

Fiscal committee: no.

WHEREAS, In 2012, the California Regional Water Quality
Control Board, Los Angeles, issued a new municipal separate
storm sewer system (MS4) stormwater permit in accordance with
the National Pollutant Discharge Elimination System pursuant to
the federal Clean Water Act and delegated authority from the
United States Environmental Protection Agency; and

WHEREAS, The MS4 permit issued by the California Regional
Water Quality Control Board, Los Angeles, enacts some of the
strictest permit standards in United States history with over 30
pollutants being monitored; and

WHEREAS, The Legislature recognizes the unique nature of
stormwater in California and the environmental need to strictly
monitor stormwater runoff to protect streams, rivers, and oceans;
and

WHEREAS, The pollutants in stormwater runoff frequently
result in beach closures, damage to aquatic species, and harm to
the ecosystems of California’s coastline; and

WHEREAS, The MS4 permit issued views stormwater as a
resource to improve local water resiliency and reduce imported
water costs, provide community open space for recreation,
encourage green streets, improve water quality, reduce flooding,
adapt to climate change, and enhance wildlife; and

WHEREAS, Local agencies must take all necessary steps to
ensure local infrastructure and development complies with the new
MS4 permit in a cost-effective and timely manner; and

WHEREAS, The State Water Resources Control Board has
several grant and loan programs to assist local agencies fund
projects necessary to comply with the MS4 permit requirements;
and

WHEREAS, The Water Quality, Supply, and Infrastructure
Improvement Act of 2014 passed by the voters as Proposition 1
at the November 4, 2014, statewide general election contained
funding for MS4 permit projects; and

WHEREAS, Numerous local agencies across the County of Los
Angeles have formed watershed management programs to comply
with MS4 permit requirements; and

WHEREAS, The total cost of compliance with the MS4 permit
for the County of Los Angeles exceeds $20,000,000,000; and

WHEREAS, Pursuant to order WQ 2015-0075 of the State Water
Resources Control Board, all regional water boards are directed
to consider the watershed management program and enhanced
watershed management program approach to receiving water
limitations compliance when issuing Phase 1 MS4 permits going
forward; and

WHEREAS, The State Water Resources Control Board should
delay the 2017 compliance deadlines to enable local agencies to
engage in a good faith, collaborative process that can lead to a
more fiscally realistic and sustainable management strategy; and

WHEREAS, To date, the federal government has provided the
least amount of funding for MS4 permit compliance; and

WHEREAS, Local, state, and federal financial assistance is
necessary to assist local agencies to comply with the MS4 permit;
now, therefore be it,

Resolved by the Assembly and the Senate of the State of
California, jointly, That the Legislature urges the federal
government to provide greater financial support for local agencies
implementing a federal mandate to improve stormwater quality,
including, but not limited to, by passing legislation strengthening
the Clean Water State Revolving Fund and creating new grant
programs to assist in funding stormwater projects; and

Resolved, That the Chief Clerk of the Assembly transmit copies
of this resolution to the President and Vice President of the United
States, to the Speaker of the House of Representatives, to the
Majority Leader of the Senate, to each Senator and Representative
from California in the Congress of the United States, and to the
author for appropriate distribution.