BILL ANALYSIS Ó AB 2594 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2594 (Gordon) As Amended August 17, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |57-12 |(May 23, 2016) |SENATE: |38-0 |(August 22, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 Page 2 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 Page 3 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