BILL NUMBER: SB 227 CHAPTERED 09/29/99 CHAPTER 560 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 1999 APPROVED BY GOVERNOR SEPTEMBER 28, 1999 PASSED THE SENATE SEPTEMBER 9, 1999 PASSED THE ASSEMBLY SEPTEMBER 7, 1999 AMENDED IN ASSEMBLY SEPTEMBER 2, 1999 AMENDED IN ASSEMBLY JULY 15, 1999 AMENDED IN ASSEMBLY JULY 8, 1999 AMENDED IN ASSEMBLY JUNE 23, 1999 AMENDED IN SENATE MAY 28, 1999 AMENDED IN SENATE MAY 10, 1999 AMENDED IN SENATE APRIL 19, 1999 AMENDED IN SENATE MARCH 15, 1999 INTRODUCED BY Senator Alpert JANUARY 25, 1999 An act to add Chapter 5.4 (commencing with Section 13369) to Division 7 of the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST SB 227, Alpert. Water quality: nonpoint source pollution. The Porter-Cologne Water Quality Act governs the coordination and control of water quality in the state, and includes provisions relating to nonpoint source pollution. The California Coastal Act of 1976 imposes certain restrictions on development in the coastal zone of the state. The California Coastal Commission, pursuant to the coastal act, has specified duties with regard to the federally approved California Coastal Management Program. This bill would require the State Water Resources Control Board, on or before February 1, 2001, and in consultation with the regional boards, the California Coastal Commission, and other appropriate state agencies and advisory groups, as necessary, to prepare a detailed program for the purposes of implementing the state's nonpoint source management plan, as specified. The bill would require the state board, on or before August 1 of each year, and in consultation with the commission and other appropriate agencies, to submit to the Legislature and make available to the public, copies of prescribed state and regional board reports that contain information related to nonpoint source pollution and that the state or regional boards were required to prepare in the previous fiscal year and a summary of the information set forth in those reports, as specified. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 5.4 (commencing with Section 13369) is added to Division 7 of the Water Code, to read: CHAPTER 5.4. NONPOINT SOURCE POLLUTION CONTROL PROGRAM 13369. (a) (1) On or before February 1, 2001, the state board, in consultation with the regional boards, the California Coastal Commission, and other appropriate state agencies and advisory groups, as necessary, shall prepare a detailed program for the purpose of implementing the state's nonpoint source management plan. The board shall address all applicable provisions of the Clean Water Act , including Section 319 (33 U.S.C. Sec. 1329), as well as Section 6217 of the federal Coastal Zone Act Reauthorization Amendments of 1990 (16 U.S.C. Sec. 1455b), and this division in the preparation of this detailed implementation program. (2) (A) The program shall include all of the following components: (i) Nonregulatory implementation of best management practices. (ii) Regulatory-based incentives for best management practices. (iii) The adoption and enforcement of waste discharge requirements that will require the implementation of best management practices. (B) In connection with its duties under this subdivision to prepare and implement the state's nonpoint source management plan, the state board shall develop, on or before February 1, 2001, guidance to be used by the state board and the regional boards for the purpose of describing the process by which the state board and the regional boards will enforce the state's nonpoint source management plan, pursuant to this division. (C) The adoption of the guidance developed pursuant to this section is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Notwithstanding Section 7550.5 of the Government Code, and in consultation with the California Coastal Commission and other appropriate agencies, as necessary, the state board, on or before August 1 of each year, shall submit to the Legislature, and make available to the public, both of the following: (1) Copies of all state and regional board reports that contain information related to nonpoint source pollution and that the state or regional boards were required to prepare in the previous fiscal year pursuant to Sections 303, 305(b), and 319 of the Clean Water Act (33 U.S.C. Secs. 1313, 1315(b), and 1329), Section 6217 of the federal Coastal Zone Act Reauthorization Amendments of 1990 (16 U.S.C. Sec. 1455b), related regulations, and this division. (2) A summary of information related to nonpoint source pollution that is set forth in the reports described pursuant to paragraph (1) including, but not limited to, summaries of both of the following: (A) Information that is related to nonpoint source pollution and that is required to be included in reports prepared pursuant to Section 305(b) of the Clean Water Act (33 U.S.C. 1315(b)). (B) Information that is required to be in reports prepared pursuant to Section 319(h)(11) of the Clean Water Act (33 U.S.C. Sec. 1329(h)(11)).