Amended in Assembly August 18, 2016

Amended in Assembly June 21, 2016

Amended in Senate April 25, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1328


Introduced by Senator Lara

February 19, 2016


An act to add Section 10566 to the Water Code, relating tobegin delete stormwater.end deletebegin insert water.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1328, as amended, Lara. begin deleteStormwater capture and treatment end deletebegin insertWater delivery end insertprojects:begin insert reduction of greenhouse gas emissions:end insert funding.

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.

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.

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 publicbegin delete entitiesend deletebegin insert agencies, nonprofit organizations, public utilities, and mutual water companiesend insert to implement stormwater and dry weather runoff collection andbegin delete treatmentend deletebegin insert treatment, wastewater, water recycling, and drinking waterend insert projects that are intended to reduce greenhouse gas emissions by decreasing the demand forbegin delete electricityend deletebegin insert fossil fuelsend insert needed to pump, transport, and deliver waterbegin delete from natural sourcesend delete to serve water consumers, as prescribed.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 10566 is added to the Water Code, to
2read:

3

10566.  

(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 publicbegin delete entitiesend deletebegin insert agencies, nonprofit organizations
7organized under paragraph (3) of subsection (c) of Section 501 of
8Title 26 of the United States Code, public utilities, and mutual
9water companiesend insert
to implement stormwater and dry weather runoff
10collection andbegin delete treatmentend deletebegin insert treatment, wastewater, water recycling,
11and drinking waterend insert
projects that are intended to reduce greenhouse
12gas emissions by decreasing the demand forbegin delete electricityend deletebegin insert fossil fuelsend insert
13 needed to pump, transport, and deliverbegin delete water from natural sources,end delete
14begin insert water,end insert including, but not limited to, through water conveyance
15projects, to serve water consumers.

16(b) Eligible projects may include, but are not limited to, green
17infrastructure, rainwater, stormwater, and dry weather runoff
18capture projects, and stormwater treatmentbegin delete facilities.end deletebegin insert facilities
19identified as part of a stormwater resource plan.end insert
Grant funds may
20be used for all phases of planning, design, and project construction
21and implementation, including feasibility studies, design
P3    1development and consultations,begin insert updating a stormwater resource
2plan,end insert
and related administrative costs.begin insert To be eligible, a project
3shall be expected to result in a new decrease of greenhouse gas
4emissions.end insert

begin insert

5
(c) Except as specified in subdivision (f), a grant recipient shall
6provide or obtain a 50-percent match for funds received pursuant
7to this section. The board may waive this requirement for a project
8proposed to be located in, and that will provide benefits to, a
9disadvantaged community.

end insert
begin delete

10(c)

end delete

11begin insert(d)end insert In accordance with subdivisionbegin delete (d),end deletebegin insert (e),end insert the board shall
12establish criteria for funding projects and determining whichbegin delete publicend delete
13 entities shall receive a grant, based on both of the following:

14(1) Demonstration that the project will reduce greenhouse gas
15emissions and the extent to which the project will yield a reduction
16in greenhouse gas emissions by reducing the need for electric
17pumps and other equipment used to pump, transport, and deliver
18water tobegin delete consumers from natural sources.end deletebegin insert consumers.end insert

19(2) Geographic conditions that facilitate stormwater and dry
20weather runoffbegin delete collection.end deletebegin insert collection for those projects.end insert

begin delete

21(d)

end delete

22begin insert(e)end insert In awarding grants, the board shall give preference to a
23project proposed to be located in, and that will provide benefits
24to, a disadvantaged community or a community within one-half
25mile of a channelized river.

begin delete

26(e)

end delete

27begin insert(f)end insertbegin insert(1)end insertbegin insertend insertThe board shall provide technical assistance to grant
28applicants, including, but not limited to, calculations of the
29projected reductions of greenhouse gas emissions.

begin insert

30
(2) The board may use up to 10 percent of the funds
31appropriated for the purposes of this section to provide technical
32assistance pursuant to this subdivision, including, but not limited
33to, awarding technical assistance grants to grant recipients. A
34technical assistance grant recipient is exempted from the match
35requirement described in subdivision (c) for the technical
36assistance grant.

end insert
begin delete

37(f)

end delete

38begin insert(g)end insert In implementing this section, the board may use or adapt
39the guidelines the board developed to implement the Storm Water
40Grant Program, which is funded in accordance with the Water
P4    1Quality, Supply, and Infrastructure Improvement Act of 2014
2(Division 26.7 (commencing with Sectionbegin delete 79700)).end deletebegin insert 79700)) or
3other previously developed and adopted project solicitation and
4evaluation guidelines that comply with the requirements of this
5section.end insert

begin insert

6
(h) The board may use up to 5 percent of the funds appropriated
7for the purposes of this section for administrative costs of the
8program.

end insert
begin insert

9
(i) Chapter 3.5 (commencing with Section 11340) of Part 1 of
10Division 3 of Title 2 of the Government Code does not apply to
11the development or implementation of programs or projects
12authorized or funded pursuant to this section.

end insert
begin insert

13
(j) To be eligible for funding under this section, a project
14proposed by a public utility that is regulated by the Public Utilities
15Commission or a mutual water company shall have a clear and
16definite public purpose and shall benefit the customers of the water
17system and, in the case of a public utility, not the investors.

end insert
begin delete

18(g)

end delete

19begin insert(k)end insert For purposes of this section,begin delete a “disadvantagedend deletebegin insert the following
20terms have the following meanings:end insert

21begin insert (1)end insertbegin insertend insertbegin insert“Disadvantagedend insert community” means a community identified
22pursuant to Section 39711 of the Health and Safety Code.

begin insert

23
(2) “Public agency” means a state agency or department,
24special district, joint powers authority, city, county, city and county,
25or other political subdivision of the state.

end insert


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