Amended in Assembly July 7, 2015

Amended in Assembly June 23, 2015

Senate Bill No. 485

Introduced by Senator Hernandez

(Coauthor: Senator Liu)

(Coauthors: Assembly Members Cristina Garcia and Rendon)

February 26, 2015

An act to add Section 4730.68 to the Health and Safety Code, relating to public sanitation.

LEGISLATIVE COUNSEL’S DIGEST

SB 485, as amended, Hernandez. County of Los Angeles: sanitation districts.

The County Sanitation District Act authorizes a sanitation district to acquire, construct, and complete certain works, property, or structures necessary or convenient for sewage collection, treatment, and disposal.

This bill would authorize specified sanitation districts in the County of Los begin delete Angeles, end delete begin insert Angeles end insert to acquire, construct, operate, maintain, and furnish facilities for the diversion, management, and treatment of stormwater and dry weather runoff, the discharge of the water to the stormwater drainage system, and the beneficial use of the water. The bill would require a district to consult with the begin insert Los Angeles County Flood Control District, or the end insert relevant watermaster begin insert or water replenishment district end insert prior to initiating a stormwater or dry weather runoff program within the boundaries of an adjudicated groundwater begin delete basin. end delete begin insert basin or within the service area of a water replenishment district, as applicable. end insert The bill would make related changes.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature hereby finds and declares all of
the following:

(a) The county sanitation districts of Los Angeles County
(sanitation districts) were established in 1923 under the County
Sanitation District Act (Chapter 3 (commencing with Section 4700)
of Part 3 of Division 5 of the Health and Safety Code).

(b) The sanitation districts provide regional solid waste
management and wastewater collection and treatment services for
5.5 million people in 78 cities and unincorporated communities.

(c) Eighty-four cities in Los Angeles County, the Los Angeles
County Flood Control District, and Los Angeles County
unincorporated areas are all regulated under a permit for the
Municipal Separate Storm Sewer System (MS4), the most recent
of which was adopted by the California Regional Water Quality
Control Board, Los Angeles Region, in December 2012.

(d) The City of Long Beach is regulated under its own permit
for its MS4, the most recent of which was adopted by the regional
board in February 2014.

(e) The MS4 is a large, interconnected system that encompasses
over 3,000 square miles, and is begin delete controlled end delete begin insert operated and maintained end insert
in large part by the Los Angeles County Flood Control District
and used by multiple cities along with Los Angeles County.

(f) The Los Angeles County Flood Control District is primarily
focused on operation and maintenance of the begin delete larger, downstream end delete
MS4 infrastructure begin delete into which the smaller, upstream city MS4
infrastructure discharges. end delete begin insert for the purposes of flood protection and
water conservation. end insert

(g) This extensive system conveys stormwater and
nonstormwater across municipal boundaries where it is
commingled within the MS4 and then discharged to receiving
water bodies, such as the Los Angeles River and San Gabriel River.

(h) It will be necessary for the cities, Los Angeles County Flood
Control District, and Los Angeles County to spend millions of
dollars per year to comply with the Los Angeles Region MS4
permits.

(i) The Los Angeles Region MS4 begin delete permits prohibit end delete begin insert permit
prohibits end insert the discharge of nonstormwater begin delete discharges to MS4 (unless
authorized under another permit or specifically exempted from the
MS4 permit), end delete begin insert into the MS4, subject to specified exceptions, end insert and
one management technique that can be effective in cleaning up
nonstormwater discharges is to divert dry weather runoff into the
sanitary sewer system, if sewer and treatment plant capacity are
available and other regulatory requirements are met.

(j) Many of the cities, the Los Angeles County Flood Control
District, and Los Angeles County are preparing watershed
management plans and enhanced watershed management plans in
order to identify stormwater and dry weather urban runoff projects
and activities that will begin delete bring the MS4 under their jurisdiction into
compliance with the Los Angeles Region MS4 permits. end delete begin insert improve
the water quality in the downstream receiving water bodies. end insert

(k) The presiding officers of the cities and the chair of the
County Board of Supervisors serve as members of the boards of
directors of the sanitation districts.

(l) The administrative board of directors of the sanitation
districts formally requested that the sanitation districts seek the
authority to use its civil engineering and water quality expertise
to help the cities and county manage stormwater and dry weather
urban runoff in order to comply in an efficient and effective manner
with the Los Angeles Region MS4 permit.

begin insert

(m) The Legislature does not intend for the sanitation districts’
activities related to the management and treatment of stormwater
and dry weather urban runoff to interfere with the existing water
management, flood protection, or water conservation activities of
other local or regional agencies.

end insert begin delete

(m)

end delete

begin insert (n) end insert  Because of the unique circumstances of the sanitation
districts and the Los Angeles Region MS4, special legislation is
necessary to augment the sanitation districts’ powers under the
County Sanitation District Act.

SEC. 2.  

Section 4730.68 is added to the Health and Safety
Code, to read:

4730.68.  

(a) This section applies only to county sanitation
district numbers 1, 2, 3, 4, 5, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21,
22, 23, 27, 28, 29, and 34 of Los Angeles County, Newhall Ranch
Sanitation District of Los Angeles County, South Bay Cities
Sanitation District of Los Angeles County, and Santa Clarita Valley
Sanitation District of Los Angeles begin delete County, and any new county
sanitation district subsequently formed in the County of Los
Angeles. end delete begin insert County. end insert The powers granted in this section supplement
the existing powers of each district.

(b) A district may acquire, construct, operate, maintain, and
furnish facilities for any of the following purposes:

(1) The diversion of stormwater and dry weather runoff from
the stormwater drainage system within the district.

(2) The management and treatment of the stormwater and dry
weather runoff.

(3) The discharge of the water to the stormwater drainage system
or receiving waters.

(4) The beneficial use of the water.

(c) In order to carry out the powers and purposes granted under
this section, the district may exercise any of the powers otherwise
granted to a district by this chapter to the extent those powers may
be made applicable.

(d)  begin insert (1) end insert begin insert   end insert Prior to initiating a stormwater or dry weather runoff
program or project within the boundaries of an adjudicated
groundwater basin, a district shall consult with the relevant
begin delete watermaster. end delete begin insert watermaster for a preliminary determination as to
whether the project is inconsistent with the adjudication. If the
watermaster deems the project to be inconsistent with the
adjudication, the watermaster shall recommend, in writing, the
measures that are necessary in order to conform the project to the
adjudication. end insert

begin insert

(2) Prior to initiating a stormwater or dry weather runoff project
within the service area of a water replenishment district, a district
shall consult with the water replenishment district for the purpose
of avoiding potential conflicts with water replenishment activities.

end insert begin insert

(3) Prior to initiating a stormwater or dry weather runoff
project, a district shall consult with the Los Angeles County Flood
Control District for the purpose of avoiding potential conflicts
with flood protection and water conservation activities.

end insert

(e) This section does not affect any obligation of a district to
obtain a permit that may be required by law for the activities
undertaken pursuant to this section.

(f) For purposes of this section, “stormwater” and “dry weather
runoff” have the same meaning as in Section 10561.5 of the Water
Code.

(g) Nothing in this section shall be construed to require any
local agency to participate, financially or otherwise, in a project
pursued under the authority granted by this section.

(h) Nothing in this section shall be construed to alter or interfere
with any of the following:

(1) Existing water rights to water from any source, including
any adjudicated rights allocated by a court judgment or order,
begin insert including any physical solution, end insert rights issued by the state or a state
agency, and rights acquired pursuant to any federal or state statute.

(2) Existing water rights law.

(3) Any rights, remedies, or obligations that may exist pursuant
to Article 1 (commencing with Section 1200) or Article 1.5
(commencing with Section 1210) of Chapter 1 of Part 2 of Division
2 of the Water Code, Chapter 10 (commencing with Section 1700)
of Part 2 of Division 2 of the Water Code, or Chapter 8.5
(commencing with Section 1501) of Part 1 of Division 1 of the
Public Utilities Code.

begin delete

(i) Nothing in this section shall be construed to establish a right
for a district to alter or interfere with either of the following:

end delete begin delete

(1) The operation, maintenance, or ownership of a water facility
that is operated, maintained, or owned by a public agency or an
entity regulated by the Public Utilities Commission.

end delete begin delete

(2) A judgment or court order, or an action by a watermaster or
public agency, pursuant to an adjudication, adjudicated physical
solution, or federal or state statute that affects water, water rights,
flood control, water management, or water conservation.

end delete

SEC. 3.  

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique circumstances of the begin delete County
Sanitation Districts end delete begin insert county sanitation districts end insert of Los Angeles
County.