BILL ANALYSIS
SB 310
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 310
AUTHOR: Ducheny
AMENDED: As Introduced
FISCAL: Yes HEARING DATE: April 27, 2009
URGENCY: No CONSULTANT: Bruce Jennings
SUBJECT : WATER QUALITY: STORMWATER & OTHER
RUNOFF
SUMMARY :
Existing law :
1) Establishes a national objective, in conjunction with
numerous implementing provisions, to restore and maintain
the chemical, physical, and biological integrity of the
nation's waters pursuant to the Federal Water Pollution
Control Act, also referred to as the Clean Water Act (CWA)
(33 U.S.C., 1251(a) et seq.).
2) Establishes the State Water Resources Control Board (SWRCB)
as the water pollution control agency for all purposes of
the federal Clean Water Act which is authorized by the U.S.
EPA to administer the National Pollutant Elimination System
(NPDES) program in California, pursuant to 402 of the CWA.
3) Establishes a system of water quality control that provides
for ten water quality control boards (RWQCB) which are
responsible for protecting water quality through the
adoption of region-specific water quality control plans
(also referred to as basin plans) containing beneficial use
designations, water quality objectives, and implementing
programs, pursuant to the Porter-Cologne Water Quality
Control Act of 1969 (Division 7 of the California Water
Code).
4) Requires each RWQCB to adopt a water quality control plan
for its region for the reasonable protection of beneficial
uses of waters in that region and the prevention of
SB 310
Page 2
nuisance.
5) Authorizes RWQCBs to investigate the quality of state
waters, and grants to a RWQCB certain authority in
connection with those investigative functions.
6) Authorizes RWQCBs to administratively impose civil
liability in connection with violations of certain water
quality provisions.
7) Requires RWQCBs to obtain coordinated action in water
quality control, including prevention and abatement of
water pollution and nuisance.
8) Requires SWRCB to report information regarding water
quality and related enforcement activities.
9) Establishes regional water management plans, pursuant to
the Integrated Regional Water Management Planning Act of
2003, to facilitate the development of integrated regional
water management plans (IRWMP), to maximize the quality and
quantity of water available to meet the state's water needs
by providing a framework for local agencies to integrate
programs and projects that protect and enhance regional
water supplies (Water Code 10530 et seq.).
This bill :
1) Authorizes a city, county and special district that is a
permittee or copermittee under an NPDES permit for a
municipal stormwater system to develop a watershed
improvement plan, as specified.
2) Authorizes RWQCBs to participate in the preparation of a
watershed improvement plan.
3) Authorizes a county, city, or special district, or
combination thereof, to impose fees on activities that
generate or contribute to runoff, stormwater, or surface
runoff pollution to pay the costs of the preparation of a
watershed improvement plan or the implementation of a plan
that is approved by a RWQCB, if the plan will facilitate
compliance with one or more water quality requirements.
SB 310
Page 3
4) Authorizes a county, city, or special district, or
combination thereof, to plan, design, implement, construct,
operate, and maintain controls and facilities to improve
water quality.
5) Makes various legislative findings.
COMMENTS :
1)Purpose of Bill . According to the author's office, the
purpose of this legislation is to maintain existing
regulatory requirements, while putting California in a
leadership role in stormwater management through
facilitating city, county, and other municipal stormwater
permittees' adoption of cooperative watershed-based
stormwater management programs. The intent is to establish
multiple watershed-based pilot programs that would
demonstrate more effective ways to isolate receiving waters
from impact sources.
Although there are a number of existing watershed and river
enhancement groups in California, the focus of this
legislation is upon the municipal stormwater permittees
that have legal and regulatory responsibilities under the
Clean Water Act and the Porter-Cologne Water Quality
Control Act. It is not intended to change or reduce
municipal permittees obligations under those acts or to
change the roles of the SWRCB and RWQCBs. Its goal is to
promote the development of cooperative watershed approaches
that will reduce urban storm water volumes, reduce urban
runoff pollutants and provide adequate, reliable funding to
meet water quality requirements.
2)Recently Agreed Upon Amendments (See Attached) . In
discussions between the sponsor and David Beckman,
representing the Natural Resources Defense Council (NRDC),
the author has agreed to accept amendments which are
attached. The amendments do the following:
a) Delete the legislative findings;
b) clarify the types of projects subject to funding
SB 310
Page 4
(adding infiltration, retention, reuse, and filtration);
and,
c) Acknowledge the applicability of open meeting laws.
Additionally, the US Navy requested, and the author has
agreed to, an amendment to clarify the definition of
"activities."
SOURCE : California Major Builders Council and
California Building Industry Association
SUPPORT : California Association of Realtors
Western Municipal Water District
OPPOSITION : None on file