BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1260| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- CONSENT Bill No: SB 1260 Author: Allen (D) Amended: 4/11/16 Vote: 21 SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 4/20/16 AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SUBJECT: Storm water: municipalities: online resource center SOURCE: Author DIGEST: This bill requires the State Water Resources Control Board (SWRCB) to establish an online resource center that addresses measures available for municipalities to comply with municipal storm water permit requirements and authorizes the inclusion of certain information. ANALYSIS: Existing law under the federal Clean Water Act and the state Porter-Cologne Water Quality Control Act: 1)Charges the United States Environmental Protection Agency (US EPA) and SWRCB with the regulation and protection of water quality. 2)Prohibits the discharge of pollutants to surface waters unless the discharger obtains a permit from SWRCB. 3)Establishes the National Pollutant Discharge Elimination System (NPDES) permit program requiring the SWRCB and the nine California regional water quality control boards to prescribe SB 1260 Page 2 waste discharge requirements which, among other things, regulate the discharge of pollutants in storm water, including municipal storm water systems. 4)Requires SWRCB, no later than July 1, 2009, to develop a comprehensive guidance document for evaluating and measuring the effectiveness of municipal storm water management programs and permits, as prescribed. This bill requires SWRCB to establish an online resource center that addresses measures available for municipalities to comply with municipal storm water permit requirements and authorizes the inclusion of certain information. Background 1)Municipal storm water requirements. The Municipal Storm Water Permitting Program regulates storm water discharges from municipal separate storm sewer systems (MS4s). Storm water is runoff from rain or snow melt that runs off surfaces such as rooftops, paved streets, highways or parking lots and can carry with it pollutants such as: oil, pesticides, herbicides, sediment, trash, bacteria and metals. The runoff can then drain directly into a local stream, lake or bay. Often, the runoff drains into storm drains which eventually drain untreated into a local waterbody. Additionally, municipal or urban areas commonly include large impervious surfaces which contribute to an increase in runoff flow, velocity and volume. As a result, streams are hydrologically impacted through streambed and channel scouring, instream sedimentation and loss of aquatic and riparian habitat. In addition to hydrological impacts, large impervious surfaces contribute to greater pollutant loading, resulting in turbid water, nutrient enrichment, bacterial contamination, and increased temperature and trash. MS4 permits were issued in two phases. Under Phase I, which started in 1990, the Regional Water Quality Control Boards have adopted National Pollutant SB 1260 Page 3 Discharge Elimination System General Permit (NPDES) storm water permits for medium (serving between 100,000 and 250,000 people) and large (serving 250,000 people) municipalities. Most of these permits are issued to a group of co-permittees encompassing an entire metropolitan area. These permits are reissued as the permits expire. The Phase I MS4 permits require the discharger to develop and implement a Storm Water Management Plan/Program with the goal of reducing the discharge of pollutants to the maximum extent practicable (MEP). MEP is the performance standard specified in Section 402(p) of the Clean Water Act. The management programs specify what best management practices (BMPs) will be used to address certain program areas. The program areas include public education and outreach; illicit discharge detection and elimination; construction and post-construction; and good housekeeping for municipal operations. In general, medium and large municipalities are required to conduct monitoring. On April 30, 2003 as part of Phase II, the SWRCB issued a General Permit for the Discharge of Storm Water from Small MS4s to provide permit coverage for smaller municipalities (population less than 100,000), including non-traditional Small MS4s, which are facilities such as military bases, public campuses, prison and hospital complexes. The Phase II Small MS4 General Permit covers Phase II Permittees statewide. On February 5, 2013 the Phase II Small MS4 General Permit was adopted and will become effective on July 1, 2013. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SUPPORT: (Verified5/10/16) Association of California Water Agencies Clean Water Action City of Santa Monica Santa Clara Valley Water District SB 1260 Page 4 OPPOSITION: (Verified5/10/16) None received Prepared by:Rachel Wagoner / E.Q. / (916) 651-4108 5/11/16 15:12:44 **** END ****