BILL NUMBER: SB 985 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2014
INTRODUCED BY Senator Pavley
FEBRUARY 11, 2014
An act to amend Sections 10561 and 10561,
10562 , and 10573 of , and to add Section
10561.5 t o, the Water Code, relating to stormwater.
LEGISLATIVE COUNSEL'S DIGEST
SB 985, as amended, 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 and prioritize stormwater
and dry weather runoff capture projects for implementation in a
prescribed quantitative manner and to prioritize the use of lands or
easements in public ownership for stormwater and dry weather runoff
projects. This bill would eliminate the requirement that a stormwater
resource plan be consistent with any applicable integrated regional
water management plan. This bill would require an entity
developing a stormwater resource plan to identify in the plan
opportunities to use existing publicly owned lands and easements to
capture and reuse stormwater. This bill would define dry weather
runoff and stormwater for the purposes of the act and conform the
definition of stormwater in the Rainwater Capture Act of 2012 .
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 an
underutilized source and dry weather runoff are
underutilized sources of surface water and groundwater
supplies. Instead of being viewed as a resource, it is
they are often seen as a problem that must
be moved to the ocean as quickly as possible or 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 and dry weather runoff
can improve water quality , reduce localized flooding,
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 When properly
designed and managed, the capture and use of
stormwater and dry weather runoff can contribute significantly
to local water supplies through onsite storage and reuse, or letting
it percolate infiltrate into the ground
to recharge groundwater, either onsite or at regional
facilities, 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
infiltration of stormwater and dry weather runoff
onsite or at regional facilities .
(g) Stormwater and dry weather runoff 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 and dry weather runoff 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.
(i) The capture and use of stormwater and dry weather runoff is
not only one of the most cost-effective sources of new water
supplies, it is a supply that can often be provided using
significantly less energy than other sources of new water supplies.
SEC. 2. Section 10561.5 is added to the
Water Code , to read:
10561.5. Solely for the purposes of this part, and unless the
context otherwise requires, the following definitions govern the
construction of this part:
(a) "Dry weather runoff" means surface waterflow produced by
nonstormwater resulting from residential, commercial, and industrial
activities involving the use of potable and nonpotable water.
(b) "Stormwater" means temporary surface water runoff and drainage
generated by immediately preceding storms. This definition shall be
interpreted consistent with the definition of "stormwater" in Section
122.26 of Title 40 of the Code of Federal Regulations.
SEC. 2. SEC. 3. 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) Identify and prioritize stormwater and dry weather runoff
capture projects for implementation in a quantitative manner, using a
metrics-based and integrated evaluation and analysis of multiple
benefits to maximize water supply, water quality, flood management,
environmental, and other community benefits within the watershed.
(2)
(3) Provide for multiple benefit project design to
maximize water supply, water quality, and environmental and other
community benefits.
(3)
(4) Provide for community participation in plan
development and implementation.
(4)
(5) 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)
(6) Be consistent with all applicable waste discharge
permits.
(6) Be consistent with any applicable integrated regional water
management plan.
(7) Prioritize the use of lands or easements in public ownership
for stormwater and dry weather runoff projects.
(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 An entity
developing a stormwater resource plans
plan shall identify in the plan 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 and
easements , including, but not limited to, parks,
school sites, public open space, community gardens,
farm and agricultural preserves, school sites, and
government office buildings and complexes, to capture and reuse
stormwater.
(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 onsite 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.
(7) Activities that generate or contribute to the pollution of
stormwater, or that impair the effective beneficial use of
stormwater.
(8) Projects and programs to ensure the effective implementation
of the stormwater resource plan pursuant to this part and achieve
multiple benefits. These projects and programs shall include the
development of appropriate decision support tools and the data
necessary to use the decision support tools.
(9) Ordinances or other mechanisms necessary to ensure the
effective implementation of the stormwater resource plan pursuant to
this part.
SEC. 4. Section 10573 of the Water Code
is amended to read:
10573. Solely for the purposes of this part, and unless the
context otherwise requires, the following definitions govern the
construction of this part:
(a) "Developed or developing lands" means lands that have one or
more of the characteristics described in subparagraphs (A) to (C),
inclusive, of paragraph (4) of subdivision (b) of Section 56375.3 of
the Government Code.
(b) "Rain barrel system" is a type of rainwater capture system
that does not use electricity or a water pump and is not connected to
or reliant on a potable water system.
(c) "Rainwater" means precipitation on any public or private
parcel that has not entered an offsite storm drain system or channel,
a flood control channel, or any other stream channel, and has not
previously been put to beneficial use.
(d) "Rainwater capture system" means a facility designed to
capture, retain, and store rainwater flowing off a building rooftop
for subsequent onsite use.
(e) "Stormwater" means temporary surface water runoff and
drainage generated by immediately preceding storms. This definition
shall be interpreted consistent with the definition of "stormwater"
in Section 122.26 of Title 40 of the Code of Federal Regulations
has the same meaning as defined in Section 10561.5
.