Amended in Senate March 28, 2016

Senate BillNo. 1328


Introduced by Senator Lara

February 19, 2016


An act tobegin delete amend Section 79747 ofend deletebegin insert add Section 10566 toend insert the Water Code, relating tobegin delete water.end deletebegin insert stormwater.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1328, as amended, Lara. begin deleteWater Quality, Supply, and Infrastructure Improvement Act of 2014. end deletebegin insertStormwater capture and treatment projects: funding.end insert

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The Stormwater Resource Planning Act authorizes one or more public agencies to develop a stormwater resource plan that meets specified standards to address the capture, treatment, and storage of stormwater, as defined, and dry weather runoff, as defined. The act requires the State Water Resources Control Board, by July 1, 2016, to establish guidance for these purposes.

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The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act requires the state board to adopt a statewide greenhouse gas emissions limit and to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions, and authorizes the state board to implement a system of market-based compliance mechanisms to reduce greenhouse gas emissions in the state. Existing law requires that all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism be deposited in the Greenhouse Gas Reduction Fund and be available, upon appropriation by the Legislature, for purposes relating to the reduction of greenhouse gas emissions.

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This bill would authorize the State Water Resources Control Board to expend moneys from the fund, upon appropriation by the Legislature, to provide grants to public entities to implement stormwater and dry weather runoff collection and treatment projects that are intended to reduce greenhouse gas emissions by decreasing the demand for electricity needed to pump, transport, and deliver water from natural sources to serve water consumers, as prescribed.

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Existing law, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program. The act makes specified amounts available for projects relating to, among other things, stormwater management.

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This bill would make a nonsubstantive change in those provisions providing funding for stormwater management projects.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 10566 is added to the end insertbegin insertWater Codeend insertbegin insert, to
2read:end insert

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3

begin insert10566.end insert  

(a) Moneys in the Greenhouse Gas Reduction Fund,
4created pursuant to Section 16428.8 of the Government Code, may
5be used by the board, upon appropriation by the Legislature, to
6provide grants to public entities to implement stormwater and dry
7weather runoff collection and treatment projects that are intended
8to reduce greenhouse gas emissions by decreasing the demand for
9electricity needed to pump, transport, and deliver water from
10natural sources, including, but not limited to, through water
11conveyance projects, to serve water consumers.

12
(b) Eligible projects may include, but are not limited to, green
13infrastructure, rainwater, stormwater, and dry weather runoff
14capture projects, and stormwater treatment facilities. Grant funds
15may be used for all phases of planning, design, and project
16construction and implementation, including feasibility studies,
P3    1design development and consultations, and related administrative
2costs.

3
(c) In accordance with subdivision (d), the board shall establish
4criteria for funding projects and determining which public entities
5shall receive a grant, based on both of the following:

6
(1) Demonstration that the project will reduce greenhouse gas
7emissions and the extent to which the project will yield a reduction
8in greenhouse gas emissions by reducing the need for electric
9pumps and other equipment used to pump, transport, and deliver
10water to consumers from natural sources.

11
(2) Geographic conditions that facilitate stormwater and dry
12weather runoff collection.

13
(d) In awarding grants, the board shall give preference to
14projects proposed to be located in, and that will provide benefits
15to, disadvantaged communities.

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(e) The board shall provide technical assistance to grant
17applicants, including, but not limited to, calculations of the
18projected reductions of greenhouse gas emissions.

19
(f) For purposes of this section, a “disadvantaged community”
20means a community identified pursuant to Section 39711 of the
21Health and Safety Code.

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22

SECTION 1.  

Section 79747 of the Water Code is amended to
23read:

24

79747.  

(a) Of the funds authorized by Section 79740, two
25hundred million dollars ($200,000,000) shall be available for grants
26for multibenefit stormwater management projects.

27(b) Eligible projects may include, but shall not be limited to,
28green infrastructure, rainwater and stormwater capture projects,
29and stormwater treatment facilities.

30(c) The development of plans for stormwater projects shall
31address the entire watershed and incorporate the perspectives of
32communities adjacent to the affected waterways, especially
33disadvantaged communities.

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