BILL ANALYSIS
SB 790
Page 1
Date of Hearing: June 30, 2009
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Wesley Chesbro, Chair
SB 790 (Pavley) - As Amended: May 4, 2009
As Proposed To Be Amended
SENATE VOTE : 21-12
SUBJECT : Stromwater management: low impact development
SUMMARY : Establishes grant criteria for The Safe Drinking
Water, Water Quality and Supply, Flood Control, River and
Coastal Protection Bond Act of 2006 (Proposition 84) stormwater
funding and develops a local stormwater planning process for
grants to public agencies and non-profit organizations for
low-impact development (LID) projects for stormwater runoff.
Specifically, this bill :
1) Authorizes grants to implement or promote LID that will
contribute to improving water quality or reducing stormwater
runoff, and to implement stormwater control and use in
planning.
1)Authorizes a regional water management group to coordinate its
planning activities to also incorporate stormwater management
planning.
2)Enacts the Stormwater Resources Planning Act to:
a) Authorize a city, county, or special district to develop
a stormwater resources plan that meets certain requirements
(e.g., be developed on a watershed basis, provide for
community participation, and assist in compliance with TDML
implementation plans and applicable National Pollutant
Discharge Elimination System (NPDES) permits).
b) Provides that a stormwater resources 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 infrastructure and
SB 790
Page 2
development to meet design criteria and best management
practices to prevent stormwater pollution and increase
effective stormwater management.
3)Defines LID as those practices in new or existing projects
that reduce to flow of stormwater off the project site,
increase the on-site or groundwater retention of the
stormwater and improve the quality of stormwater runoff.
EXISTING LAW :
1)Pursuant to Proposition 84:
a) Authorizes the issuance of bonds in the amount of $5.4
billion for the purposes of financing a safe drinking
water, water quality and supply, flood control, and
resource protection program; and,
b) Makes available $90 million of the above bond, to the
State Water Recourses Control Board (SWRCB) for matching
grants to local public agencies for the reduction and
prevention of stormwater contamination of rivers, lakes,
and streams.
2)Pursuant to AB 739 (Laird, Statutes 2007, Chapter 610)
requires the SWRCB to develop project selection and evaluation
guidelines (Funding Guidelines) for the Proposition 84 Storm
Water Grant Program and a comprehensive guidance document for
evaluating and measuring the effectiveness of Municipal Storm
Water Management Programs.
3)Pursuant to the federal Clean Water Act Section 402,
establishes the NPDES permit program to regulate point source
discharges of pollutants into U.S. waters. A NPDES permit
sets specific discharge limits for point sources discharging
pollutants into U.S. waters and establishes monitoring and
reporting requirements as well as special conditions.
Authorizes individual states to implement the program allowing
states to impose more stringent requirements or expand the
scope of its program to meet state priorities.
FISCAL EFFECT : Unknown
COMMENTS :
SB 790
Page 3
1)Stormwater run-off . According to the U.S. Environmental
Protection Agency, stormwater discharges are generated by
runoff from land and impervious areas such as paved streets,
parking lots, and building rooftops during rainfall and snow
events that often contain pollutants in quantities that can
adversely affect water quality. Most stormwater discharges
are considered point sources and require coverage by an NPDES
permit. The primary method to control stormwater discharges
is through the use of best management practices (BMP).
2)Municipal and Industrial Stormwater Discharges : Section
402(p), of the federal Clean Water Act, requires stormwater
permits for four major classes of stormwater discharges: (1)
discharges for which a permit has been issued under Section
402 before the date of the enactment of this subsection; (2)
discharges associated with industrial activity; (3) discharges
from a municipal separate stormwater sewer system serving an
incorporated or unincorporated, urbanized population greater
than 100,000; and (4) discharges that contribute to a
violation of a water quality standard or are significant
contributors of pollutants to waters of the United States.
3)Proposition 84 - Stormwater Grants . In 2006, voters approved
Proposition 84 authorizing the issuance of bonds to fund a
variety of water quality improvement projects, including $90
million for matching grants to assist local public agencies to
reduce and prevent storm water contamination of rivers, lakes,
and streams. This funding program is known as the Proposition
84 SWGP.
4)This is not a stromwater management plan . The term
"stormwater management plan" is currently defined and used
within the regulated community, specifically within the
context of NPDES permit requirements. Permitees under the
NPDES General Stormwater Permit draft a document known as a
Storm Water Management Program, which describes various
program elements which will be implemented by a municipality
in order to comply with the permit. SB 790 is authorizing a
stromwater resources plan that is designed to increase the use
of stromwater run-off rather that primary reduces the
pollutants from the stromwater run-off.
5)Low Impact Development . According to the SWRCB LID is a
sustainable practice that benefits water supply and
contributes to water quality protection. Unlike traditional
SB 790
Page 4
storm water management, which collects and conveys storm water
runoff through storm drains, pipes, or other conveyances to a
centralized storm water facility, LID relies on site design
and storm water management to maintain the site's
pre-development runoff rates and volumes. The goal of LID is
to mimic a site's predevelopment hydrology by using design
techniques that infiltrate, filter, store, evaporate, and
detain runoff close to the source of rainfall. LID has been a
proven approach in other parts of the country and is seen in
California as an alternative to conventional storm water
management. Examples of low impact development for stormwater
management include:
a) Bioretention & rain gardens.
b) Rooftop gardens.
c) Rain barrels and cisterns.
d) Permeable pavers soil amendments.
e) Impervious surface deduction & disconnection.
6)Related Legislation . SB 310 (Ducheny, 2009), proposes to
allow 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.
REGISTERED SUPPORT / OPPOSITION :
Support
Association of California Water Agencies
Ballona Network
Blue Door Garden Design
CA WaLUP (California Water and Land Use Partnership)
California Coastkeeper Alliance
California ReLeaf
Confort Zones Garden Designs
Figuroa Land Trust
Flower to the People
Friends of the River
From Lot to Spot
Garden Design
Green Gardens Group (G3)
Green LA
SB 790
Page 5
Joe Linton, Affiliated with Occidental College
LA Conservation Corps
Mayita Dinos Garden Designs
Natural Resources Defense Council
Ojai Valley Green
Planning and Conservation League
Private Gardens
Sacramento Tree Foundation
Santa Monica Baykeeper
Seventh Generation Advisors
Stephanie Pincetl, UCLA and USFS Pacific Southwest Research
Station
The River Project
Trust for Public Land
Urban Semillas
USC Center for Sustainable Cities
Verde Coalition
Opposition
None reported
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965