Senate Bill No. 985

Introduced by Senator Pavley

February 11, 2014

An act to amend Sections 10561 and 10562 of the Water Code, relating to stormwater.

LEGISLATIVE COUNSEL’S DIGEST

SB 985, as introduced, Pavley. Stormwater resource planning.

Existing law, the Stormwater Resource Planning Act, authorizes a city, county, or special district, to develop a stormwater resource plan that meets certain standards.

This bill would require a stormwater resource plan to identify opportunities to use existing publicly owned lands to capture and reuse stormwater.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 10561 of the Water Code is amended to
read:

10561.  

The Legislature hereby finds and declares all of the
following:

(a) In many parts of the state stormwater is begin delete a end delete begin insert an underutilized end insert
source of surface water and groundwater begin insert supplies. Instead of being
viewed as a resource, it is often seen as a source of end insert contamination,
contributing to a loss of usable water supplies begin delete , end delete and the pollution
and impairment of rivers, lakes, streams, and coastal waters.

(b) Improved management of stormwater begin delete , including, but not
limited to, pollution prevention and source control, end delete can improve
water quality and increase water supplies for beneficial uses and
the environment.

(c) Most of California’s current stormwater drainage systems
are designed to capture and convey water away from people and
property rather than capturing that water for beneficial uses.

(d) Historical patterns of precipitation are predicted to change
and an increasing amount of California’s water is predicted to fall
not as snow in the mountains, but as rain in other areas of the state.
This will likely have a profound and transforming effect on
California’s hydrologic cycle and much of that water will no longer
be captured by California’s reservoirs, many of which are located
to capture snow melt.

(e) Stormwater, properly managed, can contribute significantly
to local water supplies through onsite storage and reuse, or letting
it percolate into the ground to recharge groundwater, thereby
increasing available supplies of drinking water.

(f) New developments and redevelopments should be designed
to be consistent with low-impact development principles to improve
the retention, reuse, and percolation of stormwater onsite.

(g) Stormwater can be managed to achieve environmental and
societal benefits such as wetland creation, riverside habitats,
instream flows, and an increase in urban green space.

(h) Stormwater management through multiobjective projects
can achieve additional benefits, including augmenting recreation
opportunities for communities, increased tree canopy, reduced
urban heat island effect, and improved air quality.

SEC. 2.  

Section 10562 of the Water Code is amended to read:

10562.  

(a) A city, county, or special district, either individually
or jointly, may develop a stormwater resource plan pursuant to
this part.

(b) Stormwater resource plans shall:

(1) Be developed on a watershed basis.

(2) Provide for multiple benefit project design to maximize
water supply, water quality, and environmental and other
community benefits.

(3) Provide for community participation in plan development
and implementation.

(4) Be consistent with, and assist in, compliance with total
maximum daily load (TMDL) implementation plans and applicable
national pollutant discharge elimination system (NPDES) permits.

(5) Be consistent with all applicable waste discharge permits.

(6) Be consistent with any applicable integrated regional water
management plan.

(c) The proposed or adopted plan shall meet the standards
outlined in this section. The plan need not be referred to as a
“stormwater resource plan.” Existing planning documents may be
utilized as a functionally equivalent plan, including, but not limited
to, watershed management plans, integrated resource plans, urban
water management plans, or similar plans. If a planning document
does not meet the standards of this section, a collection of local
and regional plans may constitute a functional equivalent.

(d) Stormwater resource plans shall identify all of the following:

(1) Opportunities to augment local water supply through
groundwater recharge or 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.

begin insert

(5) Opportunities to use existing publicly owned lands,
including, but not limited to, parks, school sites, and government
office buildings and complexes, to capture and reuse stormwater.

end insert begin delete

(5)

end delete

begin insert ( end insert begin insert 6) end insert  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 groundwater supplies through infiltration, where
appropriate and feasible.

(D) Support low-impact development for new and upgraded
infrastructure and development using low-impact techniques.

begin delete

(6)

end delete

begin insert ( end insert begin insert 7) end insert  Activities that generate or contribute to the pollution of
stormwater, or that impair the effective beneficial use of
stormwater.

begin delete

(7)

end delete

begin insert ( end insert begin insert 8) end insert  Projects and programs to ensure the effective implementation
of the stormwater resource plan pursuant to this part and achieve
multiple benefits.

begin delete

(8)

end delete

begin insert ( end insert begin insert 9) end insert  Ordinances or other mechanisms necessary to ensure the
effective implementation of the stormwater resource plan pursuant
to this part.