BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 485|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 485
          Author:   Hernandez (D), et al.
          Amended:  8/27/15  
          Vote:     21  

           SENATE GOVERNANCE & FIN. COMMITTEE:  7-0, 5/6/15
           AYES:  Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,  
            Pavley

           SENATE FLOOR:  36-0, 5/18/15
           AYES:  Allen, Anderson, Bates, Beall, Block, Cannella, De León,  
            Fuller, Gaines, Galgiani, Hancock, Hernandez, Hertzberg, Hill,  
            Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire,  
            Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen,  
            Nielsen, Pan, Roth, Runner, Stone, Vidak, Wieckowski, Wolk
           NO VOTE RECORDED:  Berryhill, Hall, Pavley

           ASSEMBLY FLOOR:  80-0, 8/31/15 - See last page for vote
           
           SUBJECT:   County of Los Angeles: sanitation districts


          SOURCE:    Author


          DIGEST:  This bill 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.


          Assembly Amendments require a sanitation district to consult  
          with watermasters, water replenishment districts, and the Los  
          Angeles County Flood Control District  prior to initiating a  
          stormwater or dry weather runoff project; the amendments further  
          specify that this bill is not intended to alter or interfere  








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          with existing water rights allocated by a court judgment or  
          order, as well as water rights from any physical solution,  
          rights issued by the state or a state agency, or rights acquired  
          pursuant to any federal or state statute.


          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.


             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 the 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  








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               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  
               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:









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             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.  


          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  








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            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.  


          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  
          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 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  








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          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.

          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 stormwater and urban runoff  
            management.  Empowering the LACSD 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)A drop in the ocean. SB 485 helps 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 Senate Governance and  
            Finance Committee held an informational hearing to examine how  
            local governments are currently financing stormwater and dry  








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            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.

          3)LAFCO approval. SB 485 does not allow the LACSD 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 LACSD must apply to  
            the Los Angeles County LAFCO before it can use the new latent  
            power granted by SB 485.
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified8/31/15)


          Los Angeles County Sanitations Districts (source)
          California Association of Sanitation Agencies
           California Special Districts Association
           City of Arcadia
           City of Bell Gardens
           City of Beverly Hills
           City of Duarte








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           City of Glendora
           City of Hawthorne
           City of La Mirada
           City of Norwalk
           City of Palos Verdes Estates
           City of Paramount
           City of South El Monte
           City of West Hollywood
           City of Whittier
           Council for Watershed Health
           County Sanitation Districts of Los Angeles County (sponsor)
           Gateway Cities Council of Governments
           Gateway Water Management Authority
           League of California Cities, Los Angeles County Division
          Los Angeles County Solid Waste Management Committee, Integrated  
          Waste Management Task Force
           San Gabriel Valley Council of Governments
           San Gabriel Valley Water Company
           South Bay Cities Council of Governments
           SouthWest Water Systems
           Suburban Water Systems
           The Metropolitan Water District of Southern California
           Upper San Gabriel Valley Municipal Water District
           Water Replenishment District of Southern California


          OPPOSITION:   (Verified8/31/15)


          None received

           ASSEMBLY FLOOR:  80-0, 8/31/15
           AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  








                                                                     SB 485  
                                                                    Page  9



            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins



          Prepared by:Toren Lewis / GOV. & F. / (916) 651-4119
          8/31/15 19:58:21


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