BILL ANALYSIS Ó
SB 485
Page 1
Date of Hearing: July 1, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
SB
485 (Hernandez) - As Amended June 23, 2015
SENATE VOTE: 36-0
SUBJECT: County of Los Angeles: sanitation districts.
SUMMARY: Authorizes the Los Angeles County Sanitation Districts
to acquire, construct, operate, maintain, and furnish facilities
to divert, manage, and treat stormwater and dry weather runoff.
Specifically, this bill:
1)Authorizes the Los Angeles County Sanitation Districts
(Districts) to acquire, construct, operate, maintain, and
furnish facilities for any of the following purposes:
a) The diversion of stormwater and dry weather runoff from
the stormwater drainage system within the district;
b) The management and treatment of the stormwater and dry
weather runoff;
c) The discharge of the water to the stormwater drainage
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system or receiving waters; and,
d) The beneficial use of the water.
2)Requires a district, prior to initiating a stormwater or dry
weather runoff program or project within the boundaries of an
adjudicated groundwater basin, to consult with the relevant
watermaster.
3)States that this bill is not intended to alter or interfere
with any of the following:
a) Existing water rights to water from any source,
including any adjudicated rights allocated by a court
judgment or order, rights issued by the state or a state
agency, and rights acquired, pursuant to any federal or
state statute;
b) Existing water rights law; and,
c) Any rights, remedies, or obligations that may exist,
pursuant to specified sections in current law.
4)Specifies that nothing in the bill's provisions shall be
construed to establish a right for a district to alter or
interfere with either of the following:
a) 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; or,
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b) 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.
5)Defines the following terms, pursuant to the Water Code:
a) "Stormwater" to mean "temporary surface water runoff and
drainage generated by immediately preceding storms".
b) "Dry weather runoff" to mean "surface waterflow and
waterflow in storm drains, flood control channels, or other
means of runoff conveyance produced by nonstormwater
resulting from irrigation, residential, commercial, and
industrial activities".
6)Authorizes a district to exercise any of the powers otherwise
granted to a district under current law in order to carry out
the powers and purposes granted by this bill.
7)Specifies that the powers granted by this bill do not affect
any obligation of a district to obtain a permit that may be
required by law for the activities undertaken, pursuant to
this bill.
8)Prohibits this bill from being construed to require any local
agency to participate financially or otherwise, in a project
pursued under the authority granted by this bill.
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9)Makes findings and declarations.
10)Finds and declares that a special law is necessary and that a
general law cannot be made applicable within the meaning of
current law.
FISCAL EFFECT: None
COMMENTS:
1)Background. In 1948, Congress passed the first version of the
Federal Water Pollution Control Act, or the Clean Water Act.
The National Pollutant Discharge Elimination System (NPDES)
was amended into the Act in 1972, with a focus on point
sources of pollution, such as sewage treatment and wastewater
from industrial and manufacturing facilities. After 1972,
studies began showing that non-point sources, including
stormwater runoff, were a major contributor to surface water
pollution. This led to further amendments to the Act that
created a framework for regulating stormwater.
In California, the State Water Resource Board provides the
policy and regulatory oversight on behalf of the federal
government, including the regulation of Municipal Separate
Storm Water Systems (MS4s). The MS4 permitting program
regulates storm water discharges from municipalities that
operate storm sewer systems. In order to reduce urban dry
weather runoff and stormwater discharges, cities, counties,
and special districts are required to comply with the MS4
permit requirements and are responsible for the costs
associated with compliance.
Local governments face several barriers to funding for
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stormwater and dry weather runoff projects due to the
constitutional requirements for special taxes, benefit
assessments, and property-related fees. Many of the local
governments that operate MS4 systems differ from water and
wastewater utilities that existed prior to the passage of
Proposition 218, which have in place service fees. On the
other hand, many stormwater programs in cities and counties
are funded by the general fund, primarily through property and
local sales taxes.
As regulatory burdens continue to increase, financially
strapped local governments are forced to examine alternative
funding mechanisms and regional strategies to address MS4
costs which some cities in Los Angeles County are citing to be
in the millions of dollars.
The Districts are a group of 24 independent special districts
that work cooperatively under a Joint Administration Agreement
and share administrative staff. The Districts provide solid
waste and wastewater management services. The Districts
construct, operate, and maintain regional facilities to
collect, treat, recycle, and dispose of sewage and industrial
wastes.
2)Author's Statement. According to the author, "This bill would
provide local jurisdictions within the Sanitation Districts of
Los Angeles County's [Districts] service area a unique tool to
help them comply with costly municipal separate stormwater
system (MS4) permits. It has been estimated that compliance
with the new MS4 permits will cost billions of dollars and
cities are looking for any means to allay those costs. This
bill would supplement [the District's] existing authority to
manage wastewater and solid waste to include stormwater and
dry weather runoff.
"This bill would allow [the Districts] to work with local
jurisdictions, in a voluntary, case-by-case basis, for the
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purposes of designing, constructing, operating, and
maintaining facilities for compliance with MS4 requirements.
In a time of exceptional drought, this bill seeks to promote
collaboration amongst the local agencies to develop
comprehensive approach to water supply and water quality."
3)Bill Summary. This bill grants the Los Angeles County
Sanitation Districts the authority to acquire, construct,
operate, maintain, and furnish facilities for the beneficial
use of water and to divert, manage, treat, and discharge
stormwater and dry weather runoff. Under this bill, a
district would have to consult with the relevant watermaster
prior to initiating a stormwater or dry weather runoff program
or project within the boundaries of an adjudicated groundwater
basin.
This bill also contains several provisions to ensure that the
authority granted by this bill is not construed to alter any
existing water rights. Specifically, this bill states that
nothing in the bill's provisions shall be construed to alter
or interfere with existing water rights law, rights remedies,
or obligations, pursuant to specified sections in existing law
and water rights from any source, including adjudicated rights
allocated by a court judgment or order, rights issued by the
state or a state agency, and rights acquired, pursuant to any
federal or state statute.
In addition to these assurances, this bill also states that
nothing shall be construed to establish a right for a district
to alter or interfere with the operation, maintenance, or
ownership of a specified water facility or the 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.
This bill is sponsored by the Los Angeles County Sanitation
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Districts.
4)Local Agency Formation Commission (LAFCO). As special
districts, the sanitation districts would need to get the
approval of the local LAFCO in order to activate the powers
contained in this bill. The Cortese-Knox-Hertzberg Act
establishes the process to activate a latent power, including
passing a resolution by the Board, holding a public hearing,
and submitting a petition to LAFCO, which includes a plan for
services and the estimated cost of the new service.
5)Prior Legislation. AB 1892 (Harman), Chapter 79, Statutes of
2002, authorized the Orange County Sanitation District to
acquire, construct, operate, maintain and furnish facilities
for the diversion, treatment, and reuse of urban runoff.
AB 810 (Campbell), Chapter 209, Statutes of 2001, granted
authority to develop and operate urban runoff treatment
facilities to the Irvine Ranch Water District and the Santa
Margarita Water District.
6)Policy Considerations. The Committee may wish to consider the
following:
a) To Alter or Interfere. The most recent set of
amendments, per the request of the San Gabriel Valley Water
Company, added an additional provision (Section 2,
subdivision i) of the bill to state that nothing in this
bill's provisions shall be construed to establish a right
for a district to alter or interfere with 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
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conservation. This provision is in addition to a savings
clause (Section 2, subdivision h) that states that the bill
shall not be construed to alter or interfere with existing
water rights, including any adjudicated rights, and
existing water rights law. The Committee may wish to ask
the author why that savings clause language is not
sufficient and to provide actual examples that warrant the
need for the additional language. Absent specific answers
warranting the need for the additional language in
subdivision (i), the Committee may wish to ask the author
to strike that subdivision from the bill.
b) Future sanitation districts. Under this bill any new
county sanitation district formed in Los Angeles would be
granted the authority to acquire, construct, operate,
maintain, and furnish facilities to divert, manage, and
treat stormwater and dry weather runoff. The Committee may
wish to consider if it is appropriate to grant additional
powers to districts that do not yet exist.
7)Arguments in Support. Supporters argue that this bill will
provide another option or tool to assist cities in meeting the
requirements of the Los Angeles Region's municipal stormwater
permit. Proponents of this bill argue that the districts can
use their civil engineering and water quality expertise to
help cities and the counties comply in an efficient and
effective manner which will allow for more water to be
collected for reuse.
8)Arguments in Opposition. The Water Replenishment District of
Southern California argues that this bill grants much-needed
authority to the districts, however, they would like to
require districts to consult with the water replenishment
district prior to initiating stromwater or dry weather runoff
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program or project to avoid any potential conflicts with water
replenishment activities.
REGISTERED SUPPORT / OPPOSITION:
Support
Los Angeles County Sanitation Districts [SPONSOR]
California Contract Cities Association
Cities of Alhambra, Arcadia, Azusa, Bell Gardens, Carson,
Cerritos, Claremont, Commerce,
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Culver City, Diamond Bar, Downey, Duarte, El Segundo,
Glendora, Hermosa Beach, Industry,
Lakewood, La Mirada, La Puente, Lomita, Long Beach, Monterey
Park, Norwalk,
Palos Verdes Estates, Pasadena, Rancho Palos Verdes, Rosemead,
San Dimas, Santa Fe
Springs, Sierra Madre, Signal Hill, South El Monte, South
Gate, Temple City, Torrance,
Walnut, West Covina, West Hollywood, and Whittier
Council for Watershed Health
El Monte/South El Monte Chamber of Commerce
Gateway Cities Council of Governments
Gateway Water Management Authority
League of California Cities, Los Angeles County Division
Los Angeles County Board of Supervisors
Los Angeles County Business Federation
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San Gabriel Valley Council of Governments
San Gabriel Valley Municipal Water District (conceptual)
San Gabriel Valley Water Association
Sierra Club California
South Bay Cities Council of Governments
Southern California Water Committee
Three Valleys Municipal Water District
Westside Cities Council of Governments
Concerns
San Gabriel Valley Water Company
Southwest Water Company
Suburban Water Systems
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Opposition
Water Replenishment District of Southern California (unless
amended)
Analysis Prepared by:Misa Lennox / L. GOV. / (916)
319-3958