BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 2594 Hearing Date: June 28,
2016
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|Author: |Gordon | | |
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|Version: |May 19, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Dennis O'Connor |
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Subject: Stormwater resources: use of captured water
BACKGROUND AND EXISTING LAW
The Stormwater Resources Planning Act authorizes one or more
public agencies to develop a Stormwater Resources Plan.
The act requires such plans, among other things, to:
Be consistent with, and assist in, compliance with total
maximum daily load (TMDL) implementation plans and applicable
national pollutant discharge elimination system (NPDES)
permits.
Be consistent with all applicable waste discharge permits.
The act also requires that by July 1, 2016, the State Water
Resources Control Board establish guidance for the act,
including, but is not limited to, the following:
Identifying types of local agencies and nongovernmental
organizations that need to be consulted in developing a
stormwater resource plan.
Defining appropriate quantitative methods for identifying and
prioritizing opportunities for stormwater and dry weather
runoff capture projects.
Defining the appropriate geographic scale of watersheds for
stormwater resource planning.
Other guidance the board deems appropriate to achieve the
objectives of this part.
On December 15, 2015 the board adopted its "Storm Water Resource
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Plan Guidelines." The guidelines require, among other things,
that storm water resource plans address or provide formal
reference addressing the following provisions.
California Environmental Quality Act Compliance.
Implementation of activities and individual projects per the
storm water resource plan must be in compliance with the
California Environmental Quality Act.
Consistency With Water Quality Control Plans, Applicable Water
Quality Control Policies, And Water Rights. The plan must be
consistent with, and assist in compliance with, applicable
federal and state regulations and policies, and permits
implementing federal and state regulations and policies,
including, but not limited to:
Clean Water Act and the Safe Drinking Water Act;
Water rights permits/licenses;
State Water Board plans and policies;
State and Regional Water Board water quality control
plans and policies, including TMDLs adopted by the Regional
Water Board; and
Any other federal and/or state laws, regulations and
permits.
Consistency With Applicable Permits. Plans must be implemented
in accordance with applicable NPDES permits, waste discharge
requirements, Areas of Special Biological Significance
Compliance Plans, and/or conditional waivers issued by the
State and/or Regional Water Boards.
PROPOSED LAW
This bill would add a new provision to the Stormwater Resources
Planning Act stating "A public entity that captures stormwater,
in accordance with a stormwater resource plan and consistent
with a municipal separate storm sewer system permit, before the
water reaches a natural channel, as that term is used in Section
1201, shall be entitled to use the captured water."
ARGUMENTS IN SUPPORT
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
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rather than a natural resource that can help mitigate our
droughts. The Stormwater Resources Planning Act encourages local
watersheds to develop plans to work together to manage
stormwater and compliance is required to qualify for Prop 1
funding. However, compliance with a Stormwater Resource Plan -
which also requires respect for CEQA, the Clean Water Act,
Health and Safety Code, and all water rights permits and
licenses - 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. AB 2594 would allow
public entities that capture stormwater in accordance with a
stormwater resource plan and wastewater discharge permit to use
that water before it reaches a natural channel. This bill will
encourage more robust stormwater capture in California and will
also provide entities with the certainty they need to pursue
alternative financing for stormwater systems."
ARGUMENTS IN OPPOSITION
The Association of California Water Agencies (ACWA) and the
California Municipal Utilities Association (CMUA) both support
the idea of additional stormwater capture and use, but are
concerned that such projects might adversely affect their water
rights. Without explicit language protecting their water
rights, they must oppose this bill.
COMMENTS
Existing Law And Guidelines require stormwater resources plans
to be consistent with, and assist in compliance with, applicable
federal and state regulations and policies, and permits
implementing federal and state regulations and policies. These
include water rights, water quality control plans, NPDES
permits, etc. Many of the amendments suggested by opponents
were simply restating requirements that stormwater resources
plans already have to meet.
Proposed Solution. All parties agree that stormwater capture
and use projects should be encouraged. And, the opposition is
generally fine with a public agency using the water captured,
provided that the water is "new water" and not simply redirected
from some already existing water user.
The suggested amendment below was developed by committee staff,
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the author's staff, and opponents, and other interested parties.
The amendment eliminates some unnecessary language, highlights
that the captured stormwater should augment existing supplies,
and clarifies that in authorizing the use of the captured
stormwater, this bill should not be interpreted as affecting
water rights or water rights law.
Staff believes that adoption of this amendment would remove all
opposition. That said, the suggested amendment should be
considered "working language." The author should be encouraged
to work with interested parties while the bill is in Senate
Appropriations Committee to wordsmith the bill and adopt final
language.
SUGGESTED AMENDMENT
10561.7. (a) A public entity that captures stormwater, in
accordance with a stormwater resource plan and consistent with a
municipal separate storm sewer system permit, before the water
reaches a natural channel , as that term is used in Section 1201,
shall be entitled to use the captured water to the extent that
such water augments water supplies supporting existing water
rights .
(b) Nothing in this section shall be construed to do any of
the following:
(1) Alter or impair any existing rights.
(2) Change existing water rights law.
(3) Interfere with, amend, or supersede any existing water
rights adjudication or other legally mandated water management
plan.
(4) Create a groundwater pumping right where a pumping right
does not already exist.
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
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Desal Response Group
Environmental Water Caucus
Heal the Bay
Los Angeles Waterkeeper
Natural Resources Defense Council
Planning and Conservation League
San Gabriel Valley Water Association (if amended)
Southern California Watershed Alliance
TreePeople
WILDCOAST
Private Individual (1)
OPPOSITION
Association of California Water Agencies
California Municipal Utilities Association
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