BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2594


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          Date of Hearing:  April 19, 2016


                  ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE


                                 Marc Levine, Chair


          AB 2594  
          (Gordon) - As Amended March 17, 2016


          SUBJECT:  Stormwater resources:  use of captured water


          SUMMARY:  Permits a public entity that captures stormwater  
          before the water reaches a natural channel to use the water.  
          Specifically, this bill:  Requires the capture to be in  
          accordance with a stormwater resource plan.


          EXISTING LAW:  


             1)   Authorizes local agencies to develop Stormwater Resource  
               Plans.  Requires Stormwater Resources Plans, to among other  
               things, be compliant with the California Environmental  
               Quality Act (CEQA)  


             2)   Requires the State Water Resources Control Board (State  
               Water Board) to provide guidance for stormwater resource  
               planning to identify opportunities for stormwater capture.


             3)   Recognizes that property owners may capture rainwater  
               that has not entered any offsite drainage.









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             4)   The Federal Clean Water Act requires stormwater  
               discharged to a body of water to receive a National  
               Pollution Discharge Elimination System (NPDES) permit. 


          FISCAL EFFECT:  Unknown.


          COMMENTS:  This bill permits a public entity that has a  
          stormwater resource plan, and captures stormwater before it  
          reaches a natural channel in accordance with that plan, to use  
          the captured water. 


             1)   Author's statement: Climate change models predict more  
               frequent storms and more floods in California; at the same  
               time, our state's infrastructure treats stormwater as a  
               waste product rather than a natural resource that can help  
               mitigate drought.  The Stormwater Resources Planning Act  
               encourages local watersheds to develop plans to  
               beneficially use stormwater.  Compliance with a Stormwater  
               Resource Plan does not entitle public entities to use the  
               stormwater or to use it for water supply or water quality  
               purposes.  This means that billions of gallons of  
               relatively clean water flows into the ocean every year.   
               This bill will make clear that public entities can capture  
               stormwater and can use it.  This will encourage more  
               stormwater capture and will provide additional options to  
               finance stormwater systems.  


             2)   Background:  


               Numerous things have come together over the last several  
               years to highlight stormwater as a water source opportunity  
               where it had traditionally been treated as a water quality  
               problem.  The historic drought, reduced reliability of  








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               imported water, new laws promoting stormwater, and regions  
               looking to develop local water supply have underscored a  
               change in how stormwater is viewed.


               Statewide, it has been estimated that stormwater capture  
               could produce 630,000 acre-feet of new water.  Much  
               attention has been paid to how the Los Angeles area could  
               benefit from greater stormwater capture.  It has been  
               estimated that 30-45 percent of Los Angeles water needs  
               could be met through stormwater capture, producing over  
               250,000 acre-feet of new water.  For the most part,  
               infrastructure in coastal cities has been developed to  
               funnel stormwater to the ocean.  50 percent of the rain  
               falling in the Los Angeles watershed flows to the ocean. 


               The Clean Water Act includes stormwater in NPDES  
               requirements, this dictates cities reduce stormwater  
               discharges.  Cities or regions have a municipal separate  
               stormwater sewer system (MS4) permit to comply with the  
               Clean Water Act.  Stormwater that winds up in the MS4  
               system is unused and flushed out to a body of water,  
               typically the ocean.


               There are numerous agencies that could have responsibility  
               for stormwater capture. Until recently, many of those  
               agencies viewed managing stormwater as a burden with a  
               significant cost.  That view has changed with many agencies  
               now wanting to capture stormwater and use it; the big  
               missing piece to the picture is financing.  Implementing  
               stormwater capture projects will require a very different  
               approach to stormwater infrastructure as  new or  
               reconfigured infrastructure has a significant price tag.   
               In Los Angeles that price tag is estimated to be $20  
               billion over the next 25 years.  










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               Proposition 1 included $200 million for multibenefit  
               stormwater management projects and specifically made  
               rainwater and stormwater capture eligible for funding.  In  
               2004 Los Angeles Measure O authorized $500 million in  
               general obligation bonds that funded some watershed  
               improvement projects.  


               This bill could provide help with the financing challenge  
               by recognizing that an agency who appropriately captures  
               stormwater has an entitlement to use that water.


               Existing infrastructure, especially MS4s, catch stormwater  
               that is oftentimes not being used.  How stormwater that is  
               otherwise not being used is identified, quantified and  
               attributed under this bill is still being developed.  There  
               are stakeholder conversations on how to address these  
               issues currently underway.  The prospect that those  
               conversations are productive is high.  There is clearly a  
               quantity of stormwater that is not being used today.  There  
               will be a benefit from defining an entitlement to  
               stormwater.  The question remains how to define the scope  
               of the entitlement that covers all, but not more than, the  
               stormwater that is currently not being used. 


               The author may wish to amend the bill to further define the  
               scope of the entitlement by including compliance, where  
               appropriate, with an MS4 permit. 


             3)   Prior and Related Legislation:


                  a)        SB 790 (Pavley) Chapter 620, Statues of 2009,  
                    authorized stormwater resource plans.










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                  b)        AB 1750 (Solorio) Chapter 537, Statues of  
                    2012, recognized property owners did not need a water  
                    right to capture rainwater.


                  c)        SB 985 (Pavley) Chapter 555, Statues of 2014,  
                    required the State Water Board to provide guidance for  
                    stormwater resource planning. 


          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on File




          Opposition


          None on File




          Analysis Prepared by:Ryan Ojakian / W., P., & W. / (916)  
          319-2096














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