BILL NUMBER: SB 1328 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY JUNE 21, 2016
AMENDED IN SENATE APRIL 25, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Lara
FEBRUARY 19, 2016
An act to add Section 10566 to the Water Code, relating to
stormwater. water.
LEGISLATIVE COUNSEL'S DIGEST
SB 1328, as amended, Lara. Stormwater capture and
treatment Water delivery projects:
reduction of greenhouse gas emissions: 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 public entities
agencies, nonprofit organizations, public utilities, and mutual
water companies to implement stormwater and dry weather runoff
collection and treatment treatment,
wastewater, water recycling, and drinking water projects that
are intended to reduce greenhouse gas emissions by decreasing the
demand for electricity fossil fuels
needed to pump, transport, and deliver water from natural
sources 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:
SECTION 1. Section 10566 is added to the Water Code, to read:
10566. (a) Moneys in the Greenhouse Gas Reduction Fund, created
pursuant to Section 16428.8 of the Government Code, may be used by
the board, upon appropriation by the Legislature, to provide grants
to public entities agencies, nonprofit
organizations organized under paragraph (3) of subsection (c) of
Section 501 of Title 26 of the United States Code, public utilities,
and mutual water companies to implement stormwater and dry
weather runoff collection and treatment
treatment, wastewater, water recycling, and drinking water
projects that are intended to reduce greenhouse gas emissions by
decreasing the demand for electricity fossil
fuels needed to pump, transport, and deliver water
from natural sources, water, including, but not
limited to, through water conveyance projects, to serve water
consumers.
(b) Eligible projects may include, but are not limited to, green
infrastructure, rainwater, stormwater, and dry weather runoff capture
projects, and stormwater treatment facilities.
facilities identified as part of a stormwater resource plan.
Grant funds may be used for all phases of planning, design, and
project construction and implementation, including feasibility
studies, design development and consultations, updating a
stormwater resource plan, and related administrative costs.
To be eligible, a project shall be expected to result in a new
decrease of greenhouse gas emissions.
(c) Except as specified in subdivision (f), a grant recipient
shall provide or obtain a 50-percent match for funds received
pursuant to this section. The board may waive this requirement for a
project proposed to be located in, and that will provide benefits to,
a disadvantaged community.
(c)
(d) In accordance with subdivision (d),
(e), the board shall establish criteria for
funding projects and determining which public
entities shall receive a grant, based on both of the following:
(1) Demonstration that the project will reduce greenhouse gas
emissions and the extent to which the project will yield a reduction
in greenhouse gas emissions by reducing the need for electric pumps
and other equipment used to pump, transport, and deliver water to
consumers from natural sources. consumers.
(2) Geographic conditions that facilitate stormwater and dry
weather runoff collection. collection for
those projects.
(d)
(e) In awarding grants, the board shall give preference
to a project proposed to be located in, and that will provide
benefits to, a disadvantaged community or a community within one-half
mile of a channelized river.
(e)
(f) (1) The board shall provide
technical assistance to grant applicants, including, but not limited
to, calculations of the projected reductions of greenhouse gas
emissions.
(2) The board may use up to 10 percent of the funds appropriated
for the purposes of this section to provide technical assistance
pursuant to this subdivision, including, but not limited to, awarding
technical assistance grants to grant recipients. A technical
assistance grant recipient is exempted from the match requirement
described in subdivision (c) for the technical assistance grant.
(f)
(g) In implementing this section, the board may use or
adapt the guidelines the board developed to implement the Storm Water
Grant Program, which is funded in accordance with the Water Quality,
Supply, and Infrastructure Improvement Act of 2014 (Division 26.7
(commencing with Section 79700)). 79700)) or
other previously developed and adopted project solicitation and
evaluation guidelines that comply with the requirements of this
section.
(h) The board may use up to 5 percent of the funds appropriated
for the purposes of this section for administrative costs of the
program.
(i) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code does not apply to the
development or implementation of programs or projects authorized or
funded pursuant to this section.
(j) To be eligible for funding under this section, a project
proposed by a public utility that is regulated by the Public
Utilities Commission or a mutual water company shall have a clear and
definite public purpose and shall benefit the customers of the water
system and, in the case of a public utility, not the investors.
(g)
(k) For purposes of this section, a
"disadvantaged the following terms have the following
meanings:
(1) "Disadvantaged community"
means a community identified pursuant to Section 39711 of the Health
and Safety Code.
(2) "Public agency" means a state agency or department, special
district, joint powers authority, city, county, city and county, or
other political subdivision of the state.