BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 790
                                                                  Page 1


          SENATE THIRD READING
          SB 790 (Pavley)
          As Amended  July 2, 2009
          Majority vote 

           SENATE VOTE  :21-12  
           
           ENVIRONMENTAL SAFETY          5-2                    
          APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Chesbro, Davis, Feuer,    |Ayes:|De Leon, Ammiano,         |
          |     |Monning, Ruskin           |     |Charles Calderon, Coto,   |
          |     |                          |     |Davis, Fuentes, Hall,     |
          |     |                          |     |John A. Perez, Skinner,   |
          |     |                          |     |Solorio, Torlakson, Hill  |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Miller, Smyth             |Nays:|Conway, Harkey, Miller,   |
          |     |                          |     |Nielsen, Audra Strickland |
           ----------------------------------------------------------------- 

           SUMMARY  :   Establishes grant criteria for stromwater funding  
          through the Safe Drinking Water, Water Quality and Supply, Flood  
          Control, River and Coastal Protection Bond Act of 2006  
          (Proposition 84) 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.

          2) Authorizes a regional water management group to coordinate  
             local government planning activities to also incorporate  
             stormwater management planning.

          3) Enacts the Stormwater Resources Planning Act to:

             a)   Authorize a city, county, or special district to develop  








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               a stormwater resources plan that meets certain requirements  
               (e.g., be developed on a watershed basin, provide for  
               community participation, and assist in compliance with  
               Total Daily Maximum Load (TMDL) implementation plans and  
               applicable National Pollutant Discharge Elimination System  
               (NPDES) permits); and,

             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  
               development to meet design criteria and best management  
               practices to prevent stormwater pollution and increase  
               effective stormwater management.

          4)Defines LID as those practices in new or existing projects  
            that reduce the flow of stormwater off the project site,  
            increase the on-site or groundwater retention of the  
            stormwater and improve the quality of stormwater runoff.

          FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, this bill will have negligible state costs, but may  
          create cost pressure, potentially in the millions of dollars, to  
          the extent that projects authorized by this bill displace  
          projects that otherwise would have received funding from  
          Proposition 84.

           COMMENTS  :

           1)Stormwater run-off  .  According to the U.S. Environmental  
            Protection Agency, stormwater discharge is generated by runoff  
            from land and impervious areas such as paved streets, parking  
            lots, and building rooftops during rainfall and snow events.   
            Stormwater discharge often contains 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.

           2)Proposition 84 - Stormwater Grants  .  In 2006, voters approved  
            Proposition 84 authorizing the issuance of bonds to fund a  








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            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.

           3)Low Impact Development  .  According to the State Water  
            Resources Control Board LID is a sustainable practice that  
            benefits water supply and contributes to water quality  
            protection.  Unlike traditional 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 is seen in California as an alternative to  
            conventional storm water management.
           

          Analysis Prepared by  :    Bob Fredenburg / E.S. & T.M. / (916)  
          319-3965 


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