BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 310|
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THIRD READING
Bill No: SB 310
Author: Ducheny (D)
Amended: 5/28/09
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-2, 4/27/09
AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley
NOES: Runner, Ashburn
SENATE APPROPRIATIONS COMMITTEE : 8-5, 5/26/09
AYES: Kehoe, Corbett, DeSaulnier, Hancock, Leno, Oropeza,
Wolk, Yee
NOES: Cox, Denham, Runner, Walters, Wyland
SUBJECT : Water quality: stormwater and other runoff
SOURCE : California Major Builders Council
California Building Industry Association
DIGEST : This bill allows local government agencies that
have permits for stormwater systems to voluntarily create a
watershed improvement plan to improve stormwater
management. The bill allows participating agencies to
assess fees on activities that generate stormwater
pollution to pay for the implementation of plans approved
by the regional water board.
ANALYSIS :
Existing Law
CONTINUED
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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 wasters 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. Environmental Protection Agency
(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 water in that region and the
prevention of 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 the SWRCB to report information regarding water
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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, 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 co-permittee under an NPDES permit for a
municipal stormwater system to develop a watershed
improvement plan, as specified.
2.Requires RWQCBs to review and approve a watershed
improvement plan if they find that the proposed plan will
facilitate compliance with one or more water quality
requirements.
3.Requires a RWQCB to review each watershed improvement
plan developed and approve it if it finds that the
proposed watershed improvement plan will facilitate
compliance with one or more water quality requirements.
4.Authorizes RWQCBs to participate in the preparation of a
watershed improvement plan.
5.Authorizes a county, city or specified 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.
6.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.
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Comments
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 permitees 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Regional water board -- Less than $50 per year
-- Special*
plan review
*State Water Quality Control Fund
SUPPORT : (Verified 5/29/09)
California Major Builders Council (co-source)
California Building Industry Association (co-source)
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California Association of Realtors
Western Municipal Water District
TSM:cm 6/2/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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