BILL ANALYSIS
SB 310
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Date of Hearing: June 30, 2009
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Wesley Chesbro, Chair
SB 310 (Ducheny) - As Amended: June 22, 2009
SENATE VOTE : 22-14
SUBJECT : Stromwater management: watershed improvement plans.
SUMMARY : Authorizes local government agencies that have
permits for stormwater systems discharges to create a watershed
improvement plan (WIP) to improve stormwater management.
Specifically, this bill :
1)Authorizes a city, county or special district that is a
permittee or co-permittee under a National Pollutant Discharge
Elimination System (NPDES) permit for a municipal stormwater
system to develop a watershed improvement plan, as specified.
2)Requires Regional Water Quality Control Boards (RWQCBs) to
review and approve a WIP if they find that the proposed plan
will facilitate compliance with one or more water quality
requirements.
3)Requires a RWQCB to review each WIP developed and approve it
if it finds that the proposed WIP will facilitate compliance
with one or more water quality requirements.
4)Authorizes RWQCBs to participate in the preparation of a WIP.
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 WIP
or the implementation of a WIP.
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.
EXISTING LAW :
1)Establishes the NPDES to regulate the discharge of pollutants
into U.S. waters, pursuant to the federal Clean Water Act.
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Section 402p of the federal law requires best management plans
to reduce pollutants in urban stromwater discharges.
2)Establishes the SWRCB as the water pollution control agency
for the purposes of the federal Clean Water Act (CWA) which
includes administration of the NPDES program in California,
pursuant to 402 of the CWA.
FISCAL EFFECT : According to the Senate Appropriations
Committee this bill would result in an annual cost to the RWQCBs
approximately $200,000 to review WIPs submitted by local
governments. The cost to local agencies to develop and
implement the WIPs is not known. The State and local cost would
be recovered from fees placed on generators of runoff only if
the WIP is approved by the RWQCB.
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
stromwater 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. According to the sponsors of the
bill, the California Major Builders Council, SB 310 seeks to
change the program to allow watershed-based runoff management
strategies and thereby encourage less project-based regulation
for new projects.
2)Regulating urban stormwater runoff . California's RWQCBs have
expanded the regulation of urban stormwater runoff, leading to
city taxpayers paying the costs for implementing stormwater
control programs, particularly for existing development. As
builders put up shopping centers and houses, they increase the
amount of impervious surfaces and accelerate water runoff.
Parks, farms, and ranches contribute to runoff; there's even
runoff from undeveloped land. New developments are often
required to mitigate their stormwater impacts, although some
developers assert that they are required to pay for more than
their share.
3)Establishing fees for stormwater clean-up . Water quality
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regulators want local officials to reduce urban runoff and
clean up stormwaters. The constitutional limits created by
Proposition 218 make it hard for local officials to charge
property-related fees for stormwater facilities and services.
Besides notices, hearings, and protests, property-related fees
for stormwater and urban runoff purposes need elections. SB
310 attempts to resolves this dilemma by establishing a
detailed watershed water quality plans spelled out in the
bill, and then local officials can charge user-based fees or
regulatory fees.
4)Paying the cost of reviewing the WIP . The bill, as currently
drafted, allows the RWQCB to request funds to recover the cost
of reviewing the propose WIP (Section 16102 (c)). This
provision does not require the local agency to provide the
reimbursement to the RWQCB and requires that the WIP be
approved by the RWQCB before the cost of the plan review can
be reimbursed.
Recommended Amendments: Direct the local agencies seeking
approval of the WIP to reimburse the RWQCB for the cost of
reviewing the proposed plan.
5)Prior Legislation . AB 938 (Calderon) 2007. Would have
allowed a county or a city to convene watershed quality
committees to provide cooperation in achieving local water
quality solutions, and authorizes cities and counties to
operate facilities for the diversion of urban runoff. Held in
the Senate Environmental Quality Committee.
6)Double Referral: This bill was double-referred by the Assembly
Rules Committee to the Assembly Water Parks and Wildlife
Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Major Builders Council (co-source)
California Building Industry Association (co-source)
California Association of Realtors
Western Municipal Water District
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Opposition
None Known
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965