BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2594|
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THIRD READING
Bill No: AB 2594
Author: Gordon (D), et al.
Amended: 8/1/16 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 6/15/16
AYES: Wieckowski, Hill, Jackson, Leno, Pavley
NOES: Gaines, Bates
SENATE NATURAL RES. & WATER COMMITTEE: 8-0, 6/28/16
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning,
Vidak
NO VOTE RECORDED: Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 57-12, 5/23/16 - See last page for vote
SUBJECT: Stormwater resources: use of captured water
SOURCE: Author
DIGEST: This bill specifies that a public entity that captures
stormwater, in accordance with a stormwater resource plan and
consistent with a municipal separate storm sewer systems MS4
permit, before the water reaches a natural channel is entitled to
use the captured water.
ANALYSIS:
Existing federal law under the federal Clean Water Act (CWA):
1)Establishes the structure for regulating discharges of
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pollutants into the waters of the United States and regulating
quality standards for surface waters.
2)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 state law:
1)Provides, under the California Porter-Cologne Water Quality
Control Act (Porter-Cologne), 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
from MS4s.
2)Authorizes, under the Stormwater Resources Act (SRA, 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
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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
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. 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
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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 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
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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.
Comments
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.
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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) required 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) authorized
stormwater resource plans.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified8/10/16)
7th Generation Advisors
American Rivers
California Coastal Protection Network
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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
Los Angeles County Division, League of California Cities
Los Angeles Waterkeeper
Natural Resources Defense Council
Planning and Conservation League
San Gabriel Valley Water Association
Southern California Watershed Alliance
TreePeople
WILDCOAST
Private Individual (1)
OPPOSITION: (Verified8/10/16)
Association of California Water Agencies
ASSEMBLY FLOOR: 57-12, 5/23/16
AYES: Alejo, Atkins, Baker, Bloom, Bonilla, Bonta, Brown, Burke,
Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper,
Dababneh, Daly, Dodd, Frazier, Cristina Garcia, Eduardo Garcia,
Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández,
Holden, Irwin, Jones-Sawyer, Lackey, Levine, Lopez, Low,
Maienschein, Mathis, McCarty, Medina, Mullin, Nazarian,
Obernolte, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas,
Santiago, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams,
Wood, Rendon
NOES: Travis Allen, Bigelow, Brough, Chávez, Beth Gaines, Grove,
Harper, Jones, Linder, Mayes, Melendez, Wagner
NO VOTE RECORDED: Achadjian, Arambula, Dahle, Eggman, Gallagher,
Hadley, Kim, Olsen, Patterson, Steinorth, Waldron
Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
8/10/16 16:00:50
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