BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 485


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          SENATE THIRD READING


          SB  
          485 (Hernandez)


          As Amended  July 7, 2015


          Majority vote


          SENATE VOTE:  36-0


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          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Local           |9-0  |Maienschein,          |                    |
          |Government      |     |Gonzalez, Alejo,      |                    |
          |                |     |Chiu, Cooley, Linder, |                    |
          |                |     |Low, Mullin, Waldron  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  Authorizes the Los Angeles County Sanitation Districts  
          (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 Districts to acquire, construct, operate,  
            maintain, and furnish facilities for any of the following  








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            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  
               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  








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               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,  
               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.  








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          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.  


          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  
            (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.  










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            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  
            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 (1996), 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  








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            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  
            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  








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            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.  


          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  








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            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.  Unknown.  




          Analysis Prepared by:                                             
                          Misa Lennox / L. GOV. / (916) 319-3958  FN:  
          0001340