BILL ANALYSIS Ó
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert Hertzberg, Chair
2015 - 2016 Regular
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|Bill No: |SB 485 |Hearing |5/6/15 |
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|Author: |Hernandez |Tax Levy: |No |
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|Version: |2/26/15 |Fiscal: |No |
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|Consultant|Lewis |
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County of Los Angeles: sanitation districts
Authorizes the Los Angeles County Sanitation Districts to
divert, manage, treat, and discharge stormwater and dry weather
runoff, as well as make beneficial use of the water.
Background and Ex ist ing Law
Rainwater and runoff from manmade sources, such as irrigation,
builds up on impermeable surfaces, picking up pollutants as it
travels across urban landscapes, down rivers, and runs into
lakes and the ocean. Left untreated, stormwater and (dry
weather) urban runoff can create water quality issues. To
protect rivers, lakes, and oceans, the federal Clean Water Act
(CWA) requires the states to reduce pollution from stormwater
and urban runoff. Under the CWA, municipalities that discharge
water into rivers, lakes, and oceans must obtain and comply with
a Municipal Separate Storm Sewer Systems (MS4) permit. In
California, the federal government has delegated enforcement
authority for the CWA to the State Water Resources Control Board
(SWRCB). SWRCB and the nine Regional Water Quality Control
Boards (RWQCBs) are increasingly pushing counties, cities, and
special districts to reduce urban runoff and stormwater
discharges under the MS4 permit requirements.
Cities in the Los Angeles region, as well as Los Angeles County
and the Los Angeles County Flood Control District, are subject
SB 485 (Hernandez) 2/26/15 Page 2
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to especially heightened regulatory pressure under MS4 permit
requirements. Los Angeles city officials estimate that
compliance with these requirements could cost local governments
billions of dollars.
In response to these challenges, several Los Angeles area
cities, Los Angeles County, and the Los Angeles County Flood
Control District are looking for innovative, cost-effective ways
to bring the storm sewer systems under their control into
compliance with the MS4 permit. One such proposal is to partner
with the Los Angeles County Sanitation Districts (LACSD) on a
case-by-case basis to manage and treat stormwater and dry
weather urban runoff.
LACSD are a group of 24 special districts authorized to collect,
treat, and dispose of wastewater and solid waste under the
County Sanitation District Act. Because state law does not
expressly authorize county sanitation districts to conduct
stormwater management, LACSD now seeks explicit statutory
authority to manage stormwater and urban runoff to help local
governments in L.A. County comply with their MS4 requirements.
In 2001 and 2002, respectively, the Legislature passed special
legislation authorizing the Irvine Ranch Water District (AB 810,
Campbell, 2001) and Orange County Sanitation District (AB 1892,
Harman, 2002) to treat dry weather runoff for similar purposes.
Proposed Law
Senate Bill 485 authorizes specified sanitation districts in Los
Angeles County to acquire, construct, operate, maintain, and
furnish facilities for the purpose of:
Diverting stormwater and dry weather runoff from the
stormwater drainage system;
Managing and treating stormwater and dry weather runoff;
Discharging the water into the stormwater drainage
system or rivers, lakes, oceans and other watercourses; and
Beneficial use of the water.
SB 485 specifies that its provisions must not be construed to
interfere with an existing water right or existing water rights
law.
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The bill makes legislative findings and declarations as to the
necessity of a special statute for the County of Los Angeles.
State Revenue Impact
No estimate.
Comments
1.Purpose of the bill. Urban runoff is a major contributor to
pollution of California's lakes, rivers, and the ocean. Cities
in Los Angeles County and L.A. County Flood Control District are
under especially heightened pressure to clean up stormwater and
urban runoff before it reaches the ocean, due to recent court
decisions and regulatory developments. In order to meet these
regulatory requirements under federal and state law, local
governments in the Los Angeles region need access to innovative
approaches to storwmater and urban runoff management.
Empowering the Los Angeles County Sanitation Districts to assist
cities and special districts in the Los Angeles region with
urban runoff and stormwater management would result in cost
savings and greater efficiency, while ensuring that local
stormwater systems comply with evolving state and federal water
quality regulations.
2.Troubled waters ahead? Opponents of SB 485 are concerned that
granting Los Angeles County sanitation districts the authority
to capture, treat, and reuse runoff will reduce the amount of
water that percolates into groundwater basins in the area. As a
result, groundwater users in the area would not be able to take
as much water from the basin and would have to purchase costly
water from other parts of the state. The author and the
opponents have negotiated amendments that would address these
concerns. Specifically, the amendments would:
Prohibit interference with water rights established by a
court, any water supply facility, judgment, court order,
and action related to processes that establish water
rights.
Require a sanitation district to consult with the local
entity in charge of managing the groundwater basin, such as
a watermaster, before implementing a project that would
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divert or use stormwater or urban runoff.
Direct the managing entity to determine whether the
project affects or creates "new" water that would not
otherwise flow into the basin.
Prohibit a sanitation district from diverting or using
water that would reduce water flowing into the basin
without the managing entity's approval.
The Committee may wish amend SB 485 to include these provisions
that address water manager's concerns about the bill.
1.A drop in the ocean . SB 485 would help alleviate pressures on
local governments in the Los Angeles region to comply with MS4
requirements. However, stormwater and urban runoff financing
remains a serious issue for local governments across California.
On February 25, 2015, the Committee held an informational
hearing to examine how local governments are currently financing
stormwater and dry weather runoff projects and investigate the
state's role in reducing obstacles to effective stormwater
policies. Local governments have long relied on General Fund
revenues to fund stormwater and dry weather runoff management,
but regulatory burdens are rapidly evolving, stretching general
fund budgets thin. The California Constitution also limits
local governments' ability to impose special taxes and benefit
assessments, charges to property owners for a special benefit to
the owner's property, to fund water pollution prevention and
stormwater management programs. For example, special taxes
require 2/3 voter approval, while the benefit assessments must
be directly related to the amount of benefit the property
receives; local governments also have to obtain
weighted-majority property owner approval before imposing a
benefit assessment on real property. In light of these
challenges, SB 485 is a creative solution to the Los Angeles
region's unique challenges, but other local governments almost
certainly will need to come up with more innovative stormwater
financing options statewide.
2.LAFCO approval . SB 485 does not allow the Los Angeles County
Sanitation District to unilaterally control urban runoff. The
Cortese-Knox-Hertzberg Act requires special districts to get the
approval of the local agency formation commission (LAFCO) before
they can activate one of their latent powers. The Los Angeles
County Sanitation District must apply to the Los Angeles County
LAFCO before it can use the new latent power granted by SB 485.
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Support and
Opposition (4/30/15)
Support : California Association of Sanitation Agencies;
California Contract Cities Association; California Special
Districts Association; Cities of: Alhambra, Arcadia, Carson,
Cerritos, Claremont, Diamond Bar, Downey, Glendora, Industry,
Lakewood, Lomita, Long Beach, Monterey Park, Norwalk, Palos
Verdes Estates, Pasadena, Rancho Palos Verdes, Rosemead, San
Dimas, Sierra Madre, Signal Hill, South El Monte, South Gate,
Torrance, Walnut, West Covina, Whittier; El Monte/South El Monte
Chamber of Commerce; Gateway Cities Council of Governments;
Gateway Water Management Authority; League of California Cities,
Los Angeles Division; San Gabriel Valley Council of Governments;
San Gabriel Valley Economic Partnership; San Gabriel Valley
Municipal Water District; South Bay Cities Council of
Governments; Southern California Water Committee; Three Valleys
Municipal Water District.
Opposition : San Gabriel Valley Water Company; Suburban Water
Systems; SouthWest Water Company.
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