BILL NUMBER: SB 985	INTRODUCED
	BILL TEXT


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  a 
 an underutilized  source of surface water and groundwater
 supplies. Instead of being viewed as a resource, it is often
seen as a source of  contamination, contributing to a loss of
usable water supplies  ,  and the pollution and
impairment of rivers, lakes, streams, and coastal waters.
   (b) Improved management of stormwater  , including, but
not limited to, pollution prevention and source control, 
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. 
   (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. 

   (5) 
    (  6)  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. 
   (6) 
    (   7)  Activities that generate or contribute
to the pollution of stormwater, or that impair the effective
beneficial use of stormwater. 
   (7) 
    (   8)  Projects and programs to ensure the
effective implementation of the stormwater resource plan pursuant to
this part and achieve multiple benefits. 
   (8) 
    (   9)  Ordinances or other mechanisms
necessary to ensure the effective implementation of the stormwater
resource plan pursuant to this part.