BILL ANALYSIS
SB 790
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 790
AUTHOR: Pavley
AMENDED: April 22, 2009
FISCAL: Yes HEARING DATE: April 27, 2009
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : COASTAL RESOURCES
SUMMARY :
Existing law :
1) Under the Watershed, Clean Beaches, and Water Quality Act,
provides a Clean Beaches Program, Marine Managed Areas
Program, and Integrated Clean Water Programs (Public
Resources Code 30900 et seq.). Under the Clean Beaches
Program, funds may be used by the State Water Resources
Control Board (SWRCB) for awarding grants to public
agencies and nonprofit organizations for certain projects
(e.g., water quality improvements at public beaches,
improvements to existing sewer collection systems and
septic systems, stormwater and runoff pollution reduction
and prevention programs).
2) Under the Integrated Regional Water Management Planning Act
(Water Code 10530 et seq.), authorizes a regional water
management group (consisting of three or more local
agencies, two of which have statutory authority over water
supply or water management, as well as other persons
necessary to develop and implement the plan) to prepare and
adopt an integrated regional water management plan in
accordance with the Act. The group may coordinate its
planning activities to incorporate certain actions (e.g.,
groundwater management planning, urban water management
planning, agricultural water management planning).
3) Under the Porter-Cologne Water Quality Control Act,
establishes the SWRCB and regional water quality control
boards (RWQCBs) in the California Environmental Protection
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Agency, which must be "the principal state agencies with
primary responsibility for the coordination and control of
water quality" (Water Code 13000 et seq.). The Act
includes requirements for persons discharging stormwater
associated with industrial activity, including a person
subject to waste discharge requirements, to obtain national
pollutant discharge elimination system (NPDES) permits.
The Act also includes requirements for preparation of
guidelines to be used by the SWRCB and RWQCBs for the
purpose of listing and delisting waters and developing and
implementing the total maximum daily load (TMDL) program,
and TMDLs pursuant to the federal Clean Water Act.
This bill :
1) Under the Watershed, Clean Beaches, and Water Quality Act
Clean Beaches Program, authorizes grants to implement or
promote low impact development that will contribute to
improving water quality or reducing stormwater runoff, and
to implement a stormwater management plan (see #3 below).
2) Under the Integrated Regional Water Management Planning
Act, authorizes a regional water management group to
coordinate its planning activities to also incorporate
stormwater management planning (see #3 below).
3) Enacts the Stormwater Management Planning Act to:
a) Authorize a city, county, or special district
(individually or jointly) to develop a stormwater
management plan that meets certain requirements (e.g.,
be developed on a watershed basis, provide for community
participation, assist in compliance with TDML
implementation plans and applicable NPDES permits).
b) Provides that a stormwater management plan must be
designed to augment local water supply through
groundwater recharge or storage for beneficial reuse of
stormwater; prioritize source control, onsite and local
infiltration, and reuse of stormwater; reestablish
natural water drainage treatment and infiltration
systems; and include requirements for new and upgraded
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infrastructure and development to meet design criteria
and best management practices to prevent stormwater
pollution and increase effective stormwater management.
COMMENTS :
1) Purpose of Bill . According to the author, "stormwater
projects are focused on water quality and compliance with
the Clean Water Act. As a result a lot of stormwater
projects are designed for a single purpose - cleaning the
water. Multi-purpose projects with multiple benefits are
missed. This bill is intended to create a framework to
design projects financed with existing bond funds in
addition to local and other funds to achieve multiple
benefits, including water quality, water supply, and
habitat benefits, and quality of life benefits such as open
space. It changes perspective on stormwater from being a
water quality problem to recognizing that stormwater could
be a source of water supply for a variety of purposes."
The author notes that "Nothing in this bill changes, weakens
or preempts existing law. Given the challenges we have to
water supply due to increasing population and climate and
so forth we need to use existing resources as wisely as
possible, and this bill helps achieve that end for a
significant source of water that has been largely
unutilized up to now."
2) Technical considerations . Because SB 790 references the
term "low impact development" (page 2, lines 22 and 23;
page 7, line 18) and "low impact development principles"
(page 6, line 19), a definition should be included for that
term.
SB 790 requires stormwater management plans to be consistent
with waste discharge permits, but requires the plans to
"assist in compliance" with TMDL implementation plans and
NPDES requirements. Amendments are needed to ensure SB 790
stormwater management plans are also consistent with those
plans and requirements. Also, amendments are needed to
ensure that this Act does not interfere with an existing
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agency's authority, and is not a limitation on mitigation
requirements or compliance with other provisions of law.
SOURCE : Conservation Strategies
SUPPORT : Ballona Network
Blue Door Garden Design, Inc.
California Coastkeeper Alliance
California ReLeaf
Comfort Zones Garden Design
Figueroa Corridor Community Land Trust
Flower to the People
Friends of the Los Angeles River
Friends of the River
From Lots to Spots
G3 Los Angeles
Heal the Bay
LA Conservation Corps
L.A. Creek Freak
Mayita Dinos Garden Design
Natural Resources Defense Council
People for Parks
Planning and Conservation League
Private Gardens
Sacramento Tree Foundation
Santa Monica Baykeeper
7th Generation Advisors
Southern California Watershed Alliance
The River Project
TreePeople
Trust for Public Land
Urban & Environmental Policy Institute
Urban Semillas
USC Sea Grant Program
Verde Coalition
2 individuals
OPPOSITION : None on file