BILL NUMBER: AB 2117	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2012

INTRODUCED BY   Assembly  Member   Achadjian
  Members   Gorell   and Achadjian


                        FEBRUARY 23, 2012

   An act to add Sections 13377.5 and 13378.5 to the Water Code,
relating to water quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2117, as amended,  Achadjian   Gorell
 . Waste discharge requirements:  storm water. 
 stormwater. 
   Under existing law, the State Water Resources Control Board (state
board) and the California regional water quality control boards
prescribe waste discharge requirements for the discharge of 
storm water   stormwater  in accordance with the
federal national pollutant discharge elimination system (NPDES)
permit program. Existing law requires the state board or the regional
boards to issue waste discharge requirements which apply and ensure
compliance with all applicable provisions of the Federal Water
Pollution Control Act and any more stringent effluent standards or
limitations necessary to implement water quality control plans, or
for the protection of beneficial uses, or to prevent nuisance.
   This bill would prohibit implementation of any new  storm
water   stormwater  effluent standards or
limitations more stringent than the provisions of the Federal Water
Pollution Control Act until January 1, 2017. This bill would require
the state board, in consultation with affected stakeholders  ,
 to prepare a comprehensive statewide  storm water
  stormwater  plan, as prescribed,  if the
United States   Environmental Protection Agency agrees to
provide grant money to cover the costs  and  to  submit
 it   the plan  to the Legislature by
January 1, 2016.
   Existing law requires waste discharge requirements be adopted only
after notice and any necessary hearing.
   This bill would permit state board and regional board staff and
members to discuss pending  storm water  
stormwater  waste discharge requirements with affected parties
so long as the discussion is publicly disclosed.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares the following:
   (a) While  storm water   stormwater 
represents a significant threat to the water quality of California's
rivers, lakes, and oceans, the current storm water program is not
addressing the full spectrum of pollutants and does not represent a
holistic approach to the issue.
   (b) California's  storm water   stormwater
 program has focused on end-of-pipe regulation instead of a more
balanced focus on area sources. This focus on end-of-pipe regulation
has resulted in a new round of proposed waste discharge requirements
with extremely high implementation costs that do not represent an
effective use of resources by the wide range of individuals subject
to  storm water   stormwater  waste
discharge requirement already suffering from the down economy. At a
time when local governments are laying off police and fire personnel,
school districts are closing schools, university tuition is
skyrocketing, and businesses are stagnating, individuals are facing
ten-fold increases in  storm water   stormwater
 waste discharge requirement costs with individual cities facing
multimillion dollar yearly implementation costs. The state's highway
program would be severely impacted as well, creating profound
long-term implications for the economy. Repeated testimony continues
to state that there is minimal water quality improvement from these
costs.
   (c) California's  storm water   stormwater
 still does not integrate the substantial contribution of area
sources that remain beyond the reach and control of individuals
subject to  storm water   stormwater  waste
discharge requirements, including, but not limited to, the storm
water contributions from automotive brake pads. Despite the fact that
landmark legislation, SB 346, Chapter 307 of the Statutes of 2010,
was passed to substantially reduce copper and other toxic
constituents in brake pads over the next 20 years, California's
 storm water   stormwater  program does not
factor in the need and progress to be made from these reductions.
Instead, the program continues to expect individuals to somehow
reduce pollutants, like automotive brake pads, over which the
individual has no control and at a cost that could be in the billions
of dollars and affect the basic core missions of California's
institutions and businesses. 
   (d) Stormwater represents a valuable potential water source for
capture and use yet the current program, by placing sole emphasis on
the constituent levels, may actually hinder the long-term prospects
of stormwater reuse through public perception that stormwater is too
polluted to ever reuse.  
   (d) 
    (e)  It is necessary to limit the expansion of the
 storm water   stormwater  waste discharge
requirements program beyond current federal requirements while the
State Water Quality Control Board and stakeholders consider holistic
changes necessary for the long-term solution to this problem. 
   (f) The Legislature finds that the United States Environmental
Protection Agency (EPA) has actively supported California's
stormwater program including proposed standards and requirements in
excess of federal requirements as well as financial grants. The
Legislature finds that to the extent that this program is derived
from federal requirements and the EPA encourages California to
innovate in stormwater management, the EPA should provide funds for
comprehensive stormwater planning. 
  SEC. 2.  Section 13377.5 is added to the Water Code, to read:
   13377.5.  (a) Notwithstanding any other law, until January 1,
2017, the state board or any regional board shall not implement new
 storm water   stormwater  effluent
standards or limitations more stringent than the provisions of the
Federal Water Pollution Control Act.
   (b) (1) The state board, in consultation with affected
stakeholders, shall prepare a comprehensive statewide  storm
water   stormwater  plan and submit it to the
Legislature by January 1, 2016. This plan shall consider the full
spectrum of  storm water   stormwater 
constituents and contain recommendations for necessary legislation to
establish broad mechanisms to ensure that individuals subject to
 storm water   stormwater  waste discharge
requirements do not have responsibility to remove constituents from
their  storm water   stormwater  discharge
that they did not create and have no control over.  This plan
shall also consider the costs and benefits of stormwater capture and
reuse compared to the costs and benefits of   stormwater
discharge regulation. 
   (2) The requirement for submitting a report imposed under
paragraph (1) is inoperative on January 1, 2020, pursuant to Section
10231.5 of the Government Code.
   (3) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.

   (4) The requirement to prepare a plan pursuant to this subdivision
shall be subject to an agreement by the United States Environmental
Protection Agency to provide grant money to cover the cost of
preparing the plan. 
  SEC. 3.  Section 13378.5 is added to the Water Code, to read:
   13378.5.  Notwithstanding any other law, the staff and members of
the state board or a regional board may discuss pending storm water
waste discharge requirements with affected parties so long as the
discussion is publicly disclosed.