BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: AB 2594
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|Author: |Gordon |
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|Version: |5/19/2016 |Hearing |6/15/2016 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Rachel Machi Wagoner |
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SUBJECT: Stormwater resources: use of captured water
ANALYSIS:
Existing federal law:
1)Under the federal Clean Water Act (CWA),
a) Establishes the structure for regulating discharges of
pollutants into the waters of the United States and
regulating quality standards for surface waters.
b) Establishes the Clean Water State Revolving Fund (CWSRF)
to provide funding to states for water quality protection
projects for wastewater treatment, nonpoint source pollution
control, and watershed and estuary management.
Existing California law:
1)Under the California Porter-Cologne Water Quality Control Act
(Porter-Cologne), provides the State Water Resources Control
Board (SWRCB) authority over state water rights and water
quality policy. Porter-Cologne also establishes eight regional
water quality control boards (regional boards) to oversee water
quality at the local/regional level. Under the auspices of the
United States Environmental Protection Agency (US EPA), SWRCB
and eight regional boards, the state also has responsibility for
granting National Pollutant Discharge Elimination System (NPDES)
permits, for certain point-source discharges. The Municipal
Storm Water Permitting Program regulates storm water discharges
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from municipal separate storm sewer systems (MS4s).
2)Under the Stormwater Resources Act (SRA) authorizes cities,
counties, and special districts to develop and implement
stormwater resources plans (plans). Such plans are required to,
among other things:
Be developed on a watershed basis;
Provide for community participation in plan
development and implementation;
Be consistent with and assist in compliance
with various water quality requirements; and,
Be consistent with any adopted Integrated
Regional Water Management Plans (IRWMPs).
Plans are required to identify, among other things:
Opportunities to augment local water supply
through groundwater recharge or storage for beneficial
reuse of stormwater;
Opportunities for source control for both
pollution and stormwater runoff volume, onsite and
local infiltration, and reuse of stormwater;
Projects to reestablish natural water
drainage treatment and infiltration systems, or mimic
natural system functions to the maximum extent
feasible;
Opportunities to develop or enhance habitat
and open space through stormwater management,
including wetlands, riverside habitats, parkways, and
parks; and,
Projects and programs to ensure the
effective implementation of the stormwater resource
plan pursuant to this part and achieve multiple
benefits.
This bill: specifies that a public entity that captures
stormwater, in accordance with a stormwater resource plan and
consistent with an MS4 permit, before the water reaches a natural
channel is entitled to use the captured water.
Background
1) Stormwater. Stormwater is runoff from rain or snow melt that
runs off surfaces such as rooftops, paved streets, highways or
parking lots and can carry with it pollutants such as: oil,
pesticides, herbicides, sediment, trash, bacteria and metals.
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The runoff can then drain directly into a local stream, lake or
bay. Often, the runoff drains into storm drains which
eventually drain untreated into a local waterbody.
Additionally, municipal or urban areas commonly include large
impervious surfaces which contribute to an increase in runoff
flow, velocity and volume. As a result streams are
hydrologically impacted through streambed and channel scouring,
instream sedimentation and loss of aquatic and riparian
habitat. In addition to hydrological impacts, large impervious
surfaces contribute to greater pollutant loading, resulting in
turbid water, nutrient enrichment, bacterial contamination, and
increased temperature and trash.
SWRCB regulates stormwater discharges from municipal separate
storm sewer systems or MS4s.
MS4 permits were issued by SWRCB in two phases.
Under Phase I, which started in 1990, the Regional Water
Quality Control Boards have adopted National Pollutant
Discharge Elimination System General Permit (NPDES) storm
water permits for medium (serving between 100,000 and 250,000
people) and large (serving 250,000 or more people)
municipalities. Most of these permits are issued to a group
of co-permittees encompassing an entire metropolitan area.
These permits are reissued as the permits expire. The Phase
I MS4 permits require the discharger to develop and implement
a Storm Water Management Plan/Program with the goal of
reducing the discharge of pollutants to the maximum extent
practicable (MEP). MEP is the performance standard specified
in Section 402(p) of the Clean Water Act. The management
programs specify what best management practices (BMPs) will
be used to address certain program areas. The program areas
include public education and outreach; illicit discharge
detection and elimination; construction and
post-construction; and good housekeeping for municipal
operations. In general, medium and large municipalities are
required to conduct monitoring.
On April 30, 2003 as part of Phase II, the State Water
Resources Control Board issued a General Permit for the
Discharge of Storm Water from Small MS4s (WQ Order No.
2003-0005-DWQ) to provide permit coverage for smaller
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municipalities (population less than 100,000), including
non-traditional Small MS4s, which are facilities such as
military bases, public campuses, prison and hospital
complexes. The Phase II Small MS4 General Permit covers
Phase II Permittees statewide. On February 5, 2013 the Phase
II Small MS4 General Permit was adopted and will become
effective on July 1, 2013.
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. Fifty
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.
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.
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Comments
1) Purpose of Bill. According to the author, 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.
Related/Prior Legislation
The Water Quality, Supply, and Infrastructure Improvement Act of
2014, Proposition 1 authorized $7.12 billion in general obligation
bonds for state water supply infrastructure projects, such as
public water system improvements, surface and groundwater storage,
drinking water protection, water recycling and advanced water
treatment technology, water supply management and conveyance,
wastewater treatment, drought relief, emergency water supplies,
and ecosystem and watershed protection and restoration, including
$200 million for multibenefit stormwater management projects and
specifically made rainwater and stormwater capture eligible for
funding.
SB 985 (Pavley, Chapter 555, Statutes of 2014) requires a
stormwater resource plan (SRP) to be submitted to any applicable
regional water management group, 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.
SB 790 (Pavley, Chapter 620, Statutes of 2009) authorizes
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stormwater resource plans.
DOUBLE REFERRAL:
If this measure is approved by the Senate Environmental Quality
Committee, the do pass motion must include the action to re-refer
the bill to the Senate Rules Committee.
SOURCE: Author
SUPPORT:
7th Generation Advisors
American Rivers
California Coastal Protection Network
California Coastkeeper Alliance
California State Association of Counties
Center for Oceanic Awareness, Research, & Education
City of Santa Monica
Clean Water Action
Desal Response Group
Environmental Water Caucus
Heal the Bay
Huntington Beach, former Mayor Debbie Cook
Los Angeles Waterkeeper
Natural Resources Defense Council
Planning and Conservation League
Southern California Watershed Alliance
TreePeople
WILDCOAST
OPPOSITION:
Association of California Water Agencies
California Municipal Utilities Association
ARGUMENTS IN
SUPPORT: Supporters believe that AB 2594 offers a creative
solution to create incentives for stormwater capture projects by
offering financial incentive to do so.
ARGUMENTS IN
OPPOSITION: The opposition believes that AB 2594 could have
unintended consequences, altering existing water rights.
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