BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 790|
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UNFINISHED BUSINESS
Bill No: SB 790
Author: Pavley (D)
Amended: 5/4/09
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-2, 4/27/09
AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley
NOES: Runner, Ashburn
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 21-12, 5/28/09
AYES: Alquist, Cedillo, Corbett, Correa, DeSaulnier,
Ducheny, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal,
Negrete McLeod, Padilla, Pavley, Romero, Simitian,
Steinberg, Strickland, Wiggins, Yee
NOES: Aanestad, Ashburn, Benoit, Cogdill, Cox, Denham,
Dutton, Hollingsworth, Huff, Runner, Walters, Wyland
NO VOTE RECORDED: Calderon, Harman, Maldonado, Oropeza,
Wolk, Wright
ASSEMBLY FLOOR : 48-27, 9/3/09 - See last page for vote
SUBJECT : Resources: water quality: stormwater resource
plans
SOURCE : Conservation Strategies
DIGEST : This bill authorizes grants for projects
designed to implement or promote low-impact development
CONTINUED
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that will contribute to the improvement of water quality or
reduce stormwater runoff and for projects designed to
implement specified stormwater management plans. This bill
authorizes a city, county, or special district to develop,
jointly or individually, stormwater management plans that
meet certain requirements. The bill authorizes a regional
water management group to coordinate its planning
activities to address or incorporate into its plan any
stormwater management planning that is undertaken pursuant
to the bill's provisions.
Assembly Amendments made technical and clarifying changes
and added coauthors.
ANALYSIS : 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.
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 Agency, which must be "the principal state
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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 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 for new or
existing developments 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 Resource Planning Act to:
A. Authorize a city, county, or special district
(individually or jointly) to develop a stormwater
resource plan that meets certain requirements (e.g.,
be developed on a watershed basis, provide for
community participation, be consistent with, and
ensure compliance with TMDL implementation plans and
applicable national pollutant discharge elimination
system permits).
B. Provides that a stormwater resource plans shall
identify all of the following:
(1) Opportunities to augment local water
supply through groundwater recharge and or
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storage for beneficial reuse of stormwater.
(2) Opportunities for source control for both
pollution and stormwater runoff volume, onsite
and local infiltration, and reuse of stormwater.
(3) Projects to reestablish natural water
drainage treatment and infiltration systems, or
mimic natural system functions to the maximum
extent feasible.
(4) Opportunities to develop or enhance
habitat and open space through stormwater
management, including wetlands, riverside
habitats, parkways, and parks.
4. Design criteria and best management practices to
prevent stormwater pollution and increase effective
stormwater management for new and upgraded
infrastructure and residential, commercial,
industrial, and public development. These design
criteria and best management practices shall
accomplish all of the following:
A. Reduce effective impermeability within a
watershed by creating permeable surfaces and
directing stormwater to permeable surfaces,
retention basins, cisterns, and other storage for
beneficial reuse.
B. Increase water storage for beneficial use
through a variety of on-site storage techniques.
C. Increase ground water supplies through
infiltration, where appropriate and feasible.
D. Support low-impact development for new and
upgraded infrastructure and development using
low-impact techniques.
5. Stipulates that:
A. Nothing in this bill interferes with or
prevents the exercise of authority by a public
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agency to carry out its programs, projects, or
responsibilities.
B. Nothing in the bill affects requirements
imposed under any other provision of law.
6. Defines "low impact development" for purposes of this
bill.
Comments
According to the author's office, "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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 9/4/09)
Conservation Strategies (source)
7th Generation Advisors
Ballona Network
Blue Door Garden Design, Inc.
California Coastkeeper Alliance
California ReLeaf
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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
L.A. Creek Freak
LA Conservation Corps
Mayita Dinos Garden Design
Natural Resources Defense Council
People for Parks
Planning and Conservation League
Private Gardens
Sacramento Tree Foundation
Santa Monica Baykeeper
Southern California Watershed Alliance
The River Project
TreePeople
Trust for Public Land
Urban & Environmental Policy Institute
Urban Semillas
USC Sea Grant Program
Verde Coalition
ASSEMBLY FLOOR :
AYES: Arambula, Beall, Block, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Coto, De
La Torre, De Leon, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Furutani, Galgiani, Hall, Hayashi, Hernandez,
Hill, Huber, Huffman, Jones, Krekorian, Lieu, Bonnie
Lowenthal, Ma, Mendoza, Monning, Nava, John A. Perez, V.
Manuel Perez, Portantino, Ruskin, Salas, Saldana,
Skinner, Solorio, Swanson, Torlakson, Torres, Torrico,
Yamada, Bass
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Conway, Cook, Duvall, Emmerson, Fuller,
Gaines, Garrick, Gilmore, Hagman, Harkey, Jeffries,
Knight, Logue, Miller, Nestande, Niello, Nielsen, Silva,
Smyth, Audra Strickland, Tran, Villines
NO VOTE RECORDED: Ammiano, Chesbro, Davis, DeVore
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TSM:nl 9/4/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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