BILL ANALYSIS �
SB 985
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Jerry Hill, Chair
2013-2014 Regular Session
BILL NO: SB 985
AUTHOR: Pavley
AMENDED: April 9, 2014
FISCAL: No HEARING DATE: April 30, 2014
URGENCY: No CONSULTANT: Rachel Machi
Wagoner
SUBJECT : STORMWATER RESOURCE PLANNING
SUMMARY :
Existing Federal Law :
1)Under the federal Clean Water Act (CWA),
a) Establishes the structure for regulating discharges of
pollutants into the waters of the United States and
regulating quality standards for surface waters.
b) Establishes the Clean Water State Revolving Fund (CWSRF)
to provide funding to states for water quality protection
projects for wastewater treatment, nonpoint source
pollution control, and watershed and estuary management.
2)Under the California Porter-Cologne Water Quality Control Act
(Porter-Cologne), provides the State Water Resources Control
Board (SWRCB) authority over state water rights and water
quality policy. Porter-Cologne also establishes eight
regional water quality control boards (regional boards) to
oversee water quality at the local/regional level. Under the
auspices of the United States Environmental Protection Agency
(US EPA), SWRCB and eight regional boards, the state also has
responsibility for granting National Pollutant Discharge
Elimination System (NPDES) permits, for certain point-source
discharges.
3)Under the Stormwater Resources Act (SRA) authorizes cities,
counties, and special districts to develop and implement
stormwater resources plans (plans). Such plans are required
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to, among other things:
Be developed on a watershed basis;
Provide for community participation in
plan development and implementation;
Be consistent with and assist in
compliance with various water quality requirements;
and,
Be consistent with any adopted Integrated
Regional Water Management Plans (IRWMPs).
Plans are required to identify, among other things:
Opportunities to augment local water
supply through groundwater recharge or storage for
beneficial reuse of stormwater;
Opportunities for source control for both
pollution and stormwater runoff volume, onsite and
local infiltration, and reuse of stormwater;
Projects to reestablish natural water
drainage treatment and infiltration systems, or
mimic natural system functions to the maximum extent
feasible;
Opportunities to develop or enhance
habitat and open space through stormwater
management, including wetlands, riverside habitats,
parkways, and parks; and,
Projects and programs to ensure the
effective implementation of the stormwater resource
plan pursuant to this part and achieve multiple
benefits.
This bill :
1)Recasts the findings and declarations emphasizing that
stormwater and dry weather runoff are underutilized sources of
surface water and groundwater supplies that should be captured
and put to beneficial use.
2)Defines stormwater and dry weather runoff, and makes
conforming changes to the Rainwater Capture Act of 2012.
3)Requires plans to:
Identify and prioritize stormwater and dry weather
runoff capture projects for implementation in a
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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.
Identify and prioritize opportunities to use of lands or
easements in public ownership for stormwater and dry
weather runoff projects.
1)Deletes the requirement that plans be consistent with IRWMPs.
COMMENTS :
1)Purpose of Bill . According to the author, "If we are going to
reduce our dependence on imported water through regional
solutions, we must become more frugal with our water. In many
parts of the state, stormwater and dry weather runoff are
underutilized sources of surface water and groundwater
supplies. Instead of being viewed as a resource, 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."
"SB 985 builds on my SB 790 from 2009 by more finely focusing
the Stormwater Resources Act on the capture and use of
stormwater and dry weather runoff. Stormwater resource plans
remain voluntary. The bill now makes clear that the entity
creating the plan is responsible for developing the necessary
elements, including identifying public lands for potential
projects and the development and use of appropriate
analytics."
"We must be smarter in how we approach water management in
California. SB 985 represents an important part of that
smarter approach."
2)Stormwater Pollution . Stormwater is water from rain or
melting snow that does not soak into the ground. It flows
from rooftops, over streets, paved areas, construction sites,
bare soil, lawns, and land into storm sewers and ditches.
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Some common pollutants found in storm sewers and creeks
include: animal waste, litter, motor oil, yard clippings,
fertilizers and pesticides, detergent and other chemicals in
car wash water and eroded sediment from construction projects.
Eventually, the polluted stormwater flows directly to nearby
creeks, streams, rivers, lakes and the ocean degrading
drinking water supplies, fish and wildlife habitats, and
downstream recreational areas.
3)Amendments Needed.
a) The bill uses the term "reuse" in some places and "use"
in others. To be consistent, the bill should be amended to
use the word "use" throughout.
b) The findings and declarations highlight the
underutilization of stormwater and drywater runoff as a
resource. While the statements accurately point out the
potential benefits to better handling runoff, there are
also risks of contamination of water sources because this
water is contaminated. Not all utilization of this waste
water will be beneficial. An amendment is needed to add a
finding that specifies that utilization should be balanced
with environmental and public health protection.
c) Because this bill changes plans to specifically identify
and prioritize projects with the intent of future funding
being spent on these projects, the bill should be amended
to require funding received for projects should have to
comply with this prioritization in order to receive grants
from voter approved bonds authorized after January 1, 2014.
d) Because this bill aims to identify and prioritize
stormwater and dry weather runoff capture projects with the
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intent that future funds be made available for these
projects, SWRCB should develop a policy that defines the
appropriate methods for identification and prioritization
and ensures that projects identified are appropriately
protective of public health and the environment while best
utilizing the water as a resource. To ensure that this
policy is developed in a timely fashion, an amendment is
needed to add a deadline of July 1, 2016.
SOURCE : Author
SUPPORT : City of Signal Hill
Community Conservation Solutions
Heal the Bay
Planning and Conservation League
Sierra Club California
The Trust for Public Land
OPPOSITION : City of Laguna Hills