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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|ASSEMBLY: |57-12 |(May 23, 2016) |SENATE: |38-0 |(August 22, |
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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