BILL ANALYSIS Ó
SB 485
Page 1
Date of Hearing: July 15, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
SB
485 (Hernandez) - As Amended July 7, 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
SB 485
Page 2
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, to do the following:
a) Consult with the relevant watermaster, if within the
boundaries of an adjudicated groundwater basin, for a
preliminary determination as to whether the project is
inconsistent with the adjudication. Requires the
watermaster, if they deem the project to be inconsistent
with the adjudication, to recommend in writing the
necessary measure to conform the project to the
adjudication;
b) Consult with a water replenishment district, if within
the service area of a water replenishment district, for the
purpose of avoiding potential conflicts with water
replenishment activities; and,
c) Consult with the Los Angeles County Flood Control
District for the purpose of avoiding potential conflicts
with flood protection and water conservation activities.
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, including any physical solution, rights
issued by the state or a state agency, and rights acquired,
SB 485
Page 3
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)Defines the following terms, pursuant to the Water Code:
a) "Stormwater" to mean "temporary surface water runoff and
drainage generated by immediately preceding storms"; and,
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."
5)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.
6)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.
7)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.
SB 485
Page 4
8)Finds and declares that a special law is necessary and that a
general law cannot be made applicable within the meaning of
current law.
9)Makes other findings and declarations.
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.
SB 485
Page 5
Local governments face several barriers to funding for
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 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
SB 485
Page 6
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 a
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 several local agencies,
and with the relevant watermaster for a preliminary
determination as to whether the project is inconsistent with
the adjudication prior to initiating a stormwater or dry
weather runoff program or project within the boundaries of an
adjudicated groundwater basin. Additionally, this bill
requires the watermaster, if they deem the project is
inconsistent with the adjudication, to recommend in writing
the measures that are necessary in order to conform the
project to the adjudication.
This bill also contains 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 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.
This bill is sponsored by the Los Angeles County Sanitation
Districts.
SB 485
Page 7
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 a district's 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)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.
7)Arguments in Opposition. The Water Replenishment District of
Southern California, in opposition to a prior version of the
bill, requests that the reference to "stormwater drainage" be
changed to "MS4 system," as it is defined in federal and state
laws and regulations.
SB 485
Page 8
SB 485
Page 9
SB 485
Page 10
REGISTERED SUPPORT / OPPOSITION:
Support
County Sanitation Districts of Los Angeles County [SPONSOR]
California Association of Sanitation Agencies
California Contract Cities Association *
California Council for Environmental and Economic Balance
California Special Districts Association
SB 485
Page 11
Cities of Duarte, Glendora, Lakewood, La Mirada, Norwalk,
Paramount, and Signal Hill
Cities of Alhambra, Arcadia, Azusa, Bell Gardens, Carson,
Cerritos, Claremont, Commerce,
Culver City, Diamond Bar, Downey, El Segundo, Hermosa
Beach,Industry, La Puente,
Lomita, Long Beach, Monterey Park, Palos Verdes Estates,
Pasadena, Rancho Palos Verdes,
Rosemead, San Dimas, Santa Fe Springs, Sierra Madre, 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
SB 485
Page 12
Los Angeles County Board of Supervisors *
Los Angeles County Business Federation *
Los Angeles County Solid Waste Management/Integrated Waste
Management Task Force
San Gabriel Valley Council of Governments *
San Gabriel Valley Municipal Water District *
San Gabriel Valley Water Association *
San Gabriel Valley Water Company
Sierra Club California *
South Bay Cities Council of Governments *
Southern California Water Committee *
Suburban Water Systems
The Metropolitan Water District of Southern California
Three Valleys Municipal Water District *
Upper San Gabriel Valley Municipal Water District
SB 485
Page 13
Westside Cities Council of Governments *
Opposition
Water Replenishment District of Southern California (unless
amended) *
* Position based on prior version of the bill.
Analysis Prepared by:Misa Lennox / L. GOV. / (916)
319-3958
SB 485
Page 14