BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2594


                                                                    Page  1


          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2594 (Gordon)


          As Amended  August 17, 2016


          Majority vote


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          Original Committee Reference:  W., P., & W.


          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 and only entitles use of water  
          which augments water supplies and supports existing water  
          rights.  


          The Senate amendments specify that captured water that may be  
          used is new water from urban areas.  Additionally, specifies  
          that this bill shall not be construed to alter any existing  
          water right, change existing water rights law, interfere with  
          any existing water right adjudication or other legally mandated  
          water management plan, or create a groundwater pumping right  
          where one does not already exist.


          EXISTING LAW:  








                                                                    AB 2594


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          1)Authorizes local agencies to develop Stormwater Resource  
            Plans.  Requires Stormwater Resources Plans, to among other  
            things, be consistent with and assist in compliance with the  
            California Environmental Quality Act (CEQA), national  
            pollutant discharge elimination system (NPDES) permits, and  
            with water rights.  


          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.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee any additional state costs are absorbable within the  
          State Water Resources Control Board's (SWRCB) existing  
          resources.


          COMMENTS:  Stormwater is defined by the United States  
          Environmental Protection Agency as the runoff generated when  
          precipitation from rain and snowmelt events flow over land or  
          impervious surfaces without percolating into the ground.   
          Stormwater infrastructure often treats stormwater as a nuisance  
          to be disposed of rather than a natural resource.  Statewide, it  
          has been estimated that stormwater capture could produce 630,000  
          acre-feet of new water.  It has been estimated that 30% to 45%  
          of Los Angeles water needs could be met through stormwater  
          capture, producing over 250,000 acre-feet of new water.  


          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.  Currently, billions of  








                                                                    AB 2594


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          gallons of usable water flow into the ocean every year.  


          This bill will make clear that public entities can capture urban  
          stormwater that does not otherwise alter, change, interfere with  
          a water rights adjudication or other legally mandated water  
          management plan, or create a groundwater pumping right where one  
          does not already exist, and use it.  This will encourage more  
          stormwater capture and will provide additional options to  
          finance stormwater systems.


          Analysis Prepared by:                                             
                          Ryan Ojakian / W., P., & W. / (916) 319-2096   
          FN: 0004532