BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 485| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 485 Page 2 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 SB 485 Page 3 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: SB 485 Page 4 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 SB 485 Page 5 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 SB 485 Page 6 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 SB 485 Page 7 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 SB 485 Page 8 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 **** END ****