BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 485|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: SB 485
Author: Hernandez (D), et al.
Introduced:2/26/15
Vote: 21
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 5/6/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,
Pavley
SUBJECT: County of Los Angeles: sanitation districts
SOURCE: Los Angeles County Sanitation Districts
DIGEST: This bill authorizes specified sanitation districts in
the County of Los Angeles 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.
ANALYSIS:
Existing law:
1)Authorizes the formation of sanitation districts responsible
for the construction, operation, and maintenance of facilities
to collect, treat, and dispose of wastewater and industrial
wastes.
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2)Does not explicitly authorize county sanitation districts to
collect, treat, and make use of stormwater and dry weather
runoff.
3)Authorizes, through respective special statutes, the Irvine
Ranch Water District and Orange County Sanitation District, to
acquire, construct, and operate facilities that divert and
treat urban runoff, that return the water to the drainage
courses, and for the beneficial use of the water.
4)Requires municipalities that discharge water into rivers,
lakes, and oceans to obtain and comply with a Municipal
Separate Storm Sewer Systems (MS4) permit.
This bill:
1)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.
1)Specifies that its provisions must not be construed to
interfere with existing water rights or existing water rights
law.
2)Makes legislative findings and declarations as to the
necessity of a special statute for the County of Los Angeles.
Background
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
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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
an 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 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
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 Los Angeles 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, Chapter 209, Statutes of 2001) and
Orange County Sanitation District (AB 1892, Harman, Chapter 79,
Statutes of 2002) to treat dry weather runoff for similar
purposes.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
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SUPPORT: (Verified5/7/15)
California Contract Cities Association
Cities Council of Governments
City of Alhambra
City of Arcadia
City of Carson
City of Cerritos
City of Claremont
City of Culver City
City of Diamond Bar
City of Downey
City of Duarte
City of El Segundo
City of Glendora
City of Hermosa Beach
City of Industry
City of La Puente
City of Lakewood
City of Lomita
City of Long Beach
City of Monterey Park
City of Norwalk
City of Palos Verdes Estates
City of Pasadena
City of Ranchos Palos Verdes
City of Rosemead
City of San Dimas
City of Sierra Madre
City of Signal Hill
City of South El Monte
City of South Gate
City of Temple City
City of Torrance
City of Walnut
City of West Covina
City of West Hollywood
City of Whittier
Council for Watershed Health
County Sanitation District of Los Angeles County
El Monte/South El Monte Chamber of Commerce
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Gateway
Gateway Water Management Authority
Los Angeles County Division League of California Cities
San Gabriel Valley Council of Governments
Sierra Club of California
South Bay Cities Council of Governments
Three Valleys Municipal Water District
Westside Cities Council of Governments
OPPOSITION: (Verified5/7/15)
San Gabriel Valley Water Company
SouthWest Water Company
Suburban Water Systems
ARGUMENTS IN SUPPORT: According to the author, "Compliance with
MS4 permit requirements have been estimated to cost billions of
dollars. The requirements not only address stormwater but also
prohibit discharge of dry weather runoff (such as
over-irrigation). SB 485 would provide cost-effective
flexibility to achieve compliance with municipal stormwater
requirements through collaboration among existing local agencies
in Los Angeles County by allowing the Sanitation Districts of
Los Angeles County to assist local jurisdictions in Los Angeles
County in stormwater and dry weather runoff management
projects."
ARGUMENTS IN OPPOSITION: Opponents have expressed concerns
to the author regarding unintended consequences with respect to
water rights in the San Gabriel Valley.
Prepared by:Toren Lewis / GOV. & F. / (916) 651-4119
5/8/15 15:36:37
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