BILL ANALYSIS
SB 310
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Date of Hearing: August 19, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 310 (Ducheny) - As Amended: August 17, 2009
Policy Committee: Environmental
Safety Vote: 5-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill authorizes a local government to develop a watershed
improvement plan to address stormwater runoff and to charge
runoff sources a fee to pay for the plan's development.
Specifically, this bill:
1)Authorizes a city, county or special district that has a
federal permit to discharge stormwater to develop,
individually or jointly with other permit holders, a watershed
improvement plan (WIP) to address stormwater runoff to improve
water quality.
2)Authorizes an appropriate regional water quality control board
to participate in the development of a watershed improvement
plan
3)Requires that such a WIP be developed through a public,
participatory process and be consistent with the regional
water quality control board's water quality control plan.
4)Directs the appropriate regional board to review a proposed
WIP and authorizes the board to approve the WIP upon making
certain findings.
5)Authorizes local government to charge a fee on activities that
result in stormwater runoff to pay for the cost of preparation
and implementation of a WIP.
FISCAL EFFECT
1)Annual costs in 2009-10 through 2012-13, ranging from
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approximately $150,000 to $450,000 (General Fund), to the
regional water boards to participate in the development of
WIPs and to review them. The bill directs these regional
water board costs to be reimbursed by the local government(s)
responsible for developing the WIPs.
2)Annual costs in 2009-10 through 2012-13, ranging from $300,000
to $550,000 (General Fund) to the State Water Board for
program oversight and coordination.
3)Local costs of an unknown amount, potentially in the millions
of dollars, to the extent local governments develop watershed
improvement plans and the scope of those plans.
4)Potential long-term General Fund savings of an unknown amount
resulting from more effective stormwater management and an
associated reduction in water quality violation enforcement
actions.
COMMENTS
1)Rationale . According to the bill's sponsor, this bill is to
replace project-by-project regulation of stormwater runoff by
facilitating adoption of cooperative, watershed-based
stormwater management programs. The result, the author
contends, will be multiple, watershed-based pilot programs
that demonstrate more effective ways to isolate stormwater
runoff. In addition, the sponsor contends, the fee authority
provided by this bill will more equitably distribute the costs
of mitigating the effects of stormwater runoff.
2)Background.
a) California's Water Boards . The state's nine Regional
Water Quality Control Boards (regional water boards)
develop and enforce water quality objectives and
implementation plans to protect the beneficial uses of the
state's waters. Each regional board has nine part-time
members appointed by the governor and confirmed by the
Senate. The regional water boards develop "basin plans" for
their respective hydrologic areas, issue waste discharge
permits, enforce water violations, and monitor water
quality.
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The State Water Resources Control Board (the State Water
Board) was created by the Legislature in 1967. The Water
Board consists of five full-time members, each appointed to
a four-year term by the governor and confirmed by the
Senate. The State Water Board sets statewide policy,
coordinates and supports the actions of the regional water
boards, and reviews challenges to regional water board
actions. The State Water Board also allocates surface water
rights.
b) Stormwater Management. Impervious surfaces, such as
asphalt and concrete, prevent stormwater from seeping into
the ground. As stormwater runs towards drains and sinks,
it, collects pollutants along the way. Local governments
collect this dirty stormwater in order to prevent it from
contaminating bodies of water. Because this collected
stormwater often contains unsafe levels of pollutants, most
discharges of stormwater require a permit under the federal
Clean Water Act.
c) Regulation of Stormwater Runoff Has Expanded; Ability to
Pay For It Has Not . New development, such as shopping
malls and subdivision, increases stormwater runoff by
adding to the total area of impervious surface. In response
to continuing development in the state, the regional water
quality control boards have expanded regulation of urban
stormwater runoff. However, existing law (Proposition 218)
makes it difficult for local governments to implement new
taxes to pay for this greater level of stormwater
management. As a result, regulators often require
developers to pay to mitigate the effects of stormwater
runoff associated with a project. Developers complain
regulators sometimes require them to pay to mitigate the
effects of stormwater runoff that are beyond the runoff
associated with a given project.
3)Related Legislation.
a) SB 310 (Pavley) authorizes grant funding for low-impact
development projects or projects that improve water quality
or reduce stormwater runoff, and authorizes local and
regional stormwater resource plans. SB 310 is currently on
suspense before this committee.
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b) 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. AB 938 passed this
committee 17-0 but failed to win passage in the Senate.
4)Arguments in Support . Supporters, including building and real
estate organizations, claim this bill will encourage
comprehensive watershed-based stormwater runoff planning,
thereby improving water quality. In addition, these
supporters contend that the fee authority provided by this
bill will allow a more equitable distribution of the costs of
managing stormwater runoff.
There is no registered opposition to this bill.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081