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,
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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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