BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 310|
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UNFINISHED BUSINESS
Bill No: SB 310
Author: Ducheny (D)
Amended: 8/31/09
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
SENATE FLOOR : 22-14, 6/2/09
AYES: Alquist, Cedillo, Corbett, DeSaulnier, Ducheny,
Florez, Hancock, Kehoe, Leno, Liu, Lowenthal, Negrete
McLeod, Oropeza, Padilla, Pavley, Romero, Simitian,
Steinberg, Wiggins, Wolk, Wright, Yee
NOES: Aanestad, Ashburn, Benoit, Cogdill, Correa, Cox,
Denham, Harman, Hollingsworth, Huff, Runner, Strickland,
Walters, Wyland
NO VOTE RECORDED: Calderon, Dutton, Maldonado, Vacancy
ASSEMBLY FLOOR : 42-28, 9/3/09 - See last page for vote
SUBJECT : Water quality: stormwater and other runoff
SOURCE : California Major Builders Council
California Building Industry Association
CONTINUED
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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.
Assembly Amendments (1) require entities that develop the
plan that is submitted to a regional water quality control
board (RWQCB) for approval to reimburse the RWQCB for its
costs in accordance with a fee schedule adopted by the
RWQCB, and (2) make clarifying changes.
ANALYSIS :
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 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 10 water RWQCBs 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).
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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
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
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compliance with one or more water quality requirements.
Require the SWRCB to establish, via emergency
regulations, a fee schedule for RWQCB's review of a
watershed improvement plan.
4.Requires a RWQCB to review each watershed improvement
plan developed and approve it if it finds that the
proposed plan will facilitate compliance with one or more
water quality requirements.
5.Authorizes RWQCBs to participate in the preparation of a
watershed improvement plan.
6.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.
7 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.
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
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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
According to the Assembly Appropriations Committee, this
bill will result in the following fiscal effects:
1. Potential long-term Waste Discharge Fund savings of an
unknown amount resulting from more effective stormwater
management and an associated reduction in water quality
violation enforcement actions.
2. Annual cost in 2009-10 through 2012-13, ranging from
approximately $150,000 to $450,000 (Waste Discharge
Fund), to the RWQCB to participate in the development of
watershed improvement plans and to review them. Thus
bill directs these RWQCB costs to be reimbursed by the
local government(s) responsible for developing the
plans.
3. Annual costs in 2009-10 through 2012-13, ranging from
$300,000 to $550,000 (Waste Discharge Fund), to the
SWRCB for program oversight and coordination.
4. 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.
SUPPORT : (Verified 9/4/09)
California Major Builders Council (co-source)
California Building Industry Association (co-source)
California Association of Realtors
Industrial Governmental Association
Western Municipal Water District
OPPOSITION : (Verified 9/4/09)
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Howard Jarvis Taxpayers Association
ARGUMENTS IN SUPPORT : Supporters believes that by
providing a voluntary mechanism for more comprehensive
storm water management planning and by providing a viable,
ongoing means for sufficient and sustained funding to
implement these plans, this bill represents an innovative
option for storm water permittees to meet water quality
requirements. This bill will also result in substantial
environmental benefits. In addition, because local
government entities will be doing better planning on a
watershed basis, the money will result in superior results
for less cost.
ARGUMENTS IN OPPOSITION : The Howard Jarvis Taxpayers
Association states their opposition as follows:
"Specifically, our objection is found in Section 16103.
The last sentence in this section purports to statutorily
label such fees 'user-based or regulatory fees.' However,
they are not legitimate fees at all, not regulatory fees,
and not user fees. They are not limited to polluters, or
persons who subscribe to a service, but would finance the
construction of public facilities and be collected from
every developed property on which rain falls. Such a levy
is either a tax or perhaps an assessment, but not a fee."
ASSEMBLY FLOOR :
AYES: Arambula, Beall, Block, Blumenfield, Brownley,
Buchanan, Caballero, Carter, Chesbro, Coto, De La Torre,
Eng, Feuer, Fong, Fuentes, Furutani, Hall, Hayashi,
Hernandez, Hill, Huffman, Jones, Krekorian, Lieu, Bonnie
Lowenthal, Ma, Mendoza, Monning, Nava, John A. Perez, V.
Manuel Perez, Portantino, Ruskin, Salas, Saldana,
Solorio, Swanson, Torlakson, Torres, Torrico, Yamada,
Bass
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Conway, Cook, Duvall, Emmerson, Fletcher,
Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey,
Jeffries, Knight, Logue, Miller, Nestande, Niello,
Nielsen, Silva, Smyth, Audra Strickland, Tran, Villines
NO VOTE RECORDED: Ammiano, Charles Calderon, Davis, De
Leon, DeVore, Evans, Galgiani, Huber, Skinner, Vacancy
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TSM:cm 9/4/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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