BILL ANALYSIS
AB 2407
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Date of Hearing: April 13, 2010
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Pedro Nava, Chair
AB 2407 (Harkey) - As Introduced: February 19, 2010
SUBJECT : Regional Water Quality Control Board (RWQCB)
boundaries.
SUMMARY : This bill modifies the boundaries of the San Diego and
Santa Ana RWQCBs.
Specifically, this bill would modify the boundaries of the Santa
Ana and San Diego RWQCBs to move that portion of the San Diego
RWQCB area that is in Orange County into the Santa Ana RWQCB
jurisdiction.
EXISTING LAW:
1)Under the Porter-Cologne Water Quality Control Act: creates
the State Water Resources Control Board (SWRCB) and regional
water quality control boards (RWQCBs), and provides these
entities with various responsibilities relating to water
quality pursuant to the Act. The SWRCB and the RWQCBs must
coordinate their respective activities to achieve a unified
and effective water quality control program in the state.
2)Divides the state into regions, with a RWQCB for each of the
following nine regions: North Coast region, San Francisco Bay
region, Central Coast region, Los Angeles region, Santa Ana
region, San Diego region, Central Valley region, Lahontan
region, and Colorado River Basin region. The regions are
defined and described based on certain specified basins,
watersheds, and drainages.
3)Requires each RWQCB to formulate and adopt water quality
control plans for all areas within the region, which must
conform to policies of the Act and any water quality control
state policy. A RWQCB, for a water quality control plan or in
waste discharge requirements, may specify certain conditions
or areas where the discharge of waste or certain types of
waste will not be permitted.
FISCAL EFFECT : Not Known
AB 2407
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COMMENTS:
1)Need for the bill: According to the author, "this bill is
needed to address regulatory inconsistencies that are
problematic because the County of Orange is responsible for
administering two different NPDES permits for the County of
Orange. The legislation is required because the actual
jurisdictional boundary for the regional board needs to be
amended in order to have the County all within one region."
2)Support: Supporters of the bill, including the County of
Orange, state that Orange County cities and water agencies
have generally taken a collaborative approach to creating
solutions to deal with runoff and implementation of the NPDES
requirements. However, because of the regulatory
inconsistencies between the two regional boards, cities and
water/wastewater agencies within the County are not always
able to work together to address solutions that would
otherwise be feasible if the County was under one regional
board jurisdiction and one set of regulatory standards.
3)Opposition: Opponents of the measure including the California
Coastkeeper Alliance believe that, "AB 2407 would set a
dangerous precedent of shifting Regional Water Quality Control
Board boundaries away from the scientifically sound watershed
basis created by the Porter-Cologne Water Quality Control Act.
In particular, AB 2407 would expand the boundary of the Santa
Ana Regional Water Quality Control Board ("Region 8") south to
the Orange county line to encompass all of Orange County, thus
reflecting a political rather than a watershed or
scientifically-based boundary. This would have the effect of
weakening the stormwater permit requirements for those Orange
County municipalities affected by the change in several
aspects, directly impacting the health of the area's aquatic
environment."
4)MS4s stromwater permits: One of the issues that has prompted
AB 2407 was concern about the adoption on the storm water
permit requirements by the San Diego RWQCB. On December 16,
2009 the San Diego RWQCB adopted the Requirements for
Discharges of Runoff from the Municipal Separate Storm Sewer
Systems (MS4s) for waters draining the watershed of the County
of Orange, the incorporated cities of Orange County, and the
Orange County Flood Control District.
AB 2407
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5) Issues :
a) This bill is inconsistent with current RWQCB definition
practice. As noted above, current law defines and
describes RWQCB regions by watersheds, basins, and
drainages. These definitions and descriptions have not
changed since RWQCBs were created in for effective
management of water resources. RWQCBs establish policies
and requirements based on regional watershed boundaries.
b) This bill may result in different procedures for those
who are regulated in Orange County. By moving a particular
area from the jurisdiction of one RWQCB to another, those
who are regulated would be subject to new plans and most
likely new permit requirements. The Santa Ana RWQCB has
different standard for storm water discharges, thereby
creating a regulatory and permit vacuum with existing
permits issues by the San Diego RWQCB being unenforceable
by the Santa Ana RWQCB.
REGISTERED SUPPORT / OPPOSITION :
Support
City of Dana Point
City of Lake Forest
Orange County Board of Supervisors
Orange County Business Council
Opposition
California Coastkeeper Alliance
Natural Resources Defense Council
Orange County Coastkeeper
Sand Diego Coastkeeper
Sea & Sage Audubon
Sierra Club
South Laguna vivic Association
Wild Heritage Planners
Analysis Prepared by : Bob Fredenburg/ E.S. & T.M. / (916)
319-3965