BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          SB 985 (Pavley) - Stormwater resource planning.
          
          Amended: May 7, 2014            Policy Vote: NR&W 8-0, EQ 6-0
          Urgency: No                     Mandate: No
          Hearing Date: May 14, 2014      Consultant: Marie Liu
          
          This bill meets the criteria for referral to the Suspense File.

          Bill Summary: SB 985 would require that stormwater resource  
          plans identify and prioritize stormwater and dry weather runoff  
          capture projects, with an emphasis on those projects that use  
          existing public lands. Development of a stormwater resource plan  
          would be required in order to be eligible to receive future bond  
          funds for stormwater and dry weather runoff capture projects.

          Fiscal Impact: 
              One-time costs of approximately $390,000 from the Waste  
              Discharge Permit Fund (special) for one year for the State  
              Water Resources Control Board (board) to develop the  
              required policy to guide compliance.
              Unknown potential cost pressures to the board to approve  
              stormwater resource plans as a condition of eligibility for  
              future bond monies.

          Background: The Stormwater Resources Act (act) authorizes, but  
          does not require, cities, counties, and special districts to  
          develop and implement stormwater resources plans. These plans  
          are required to identify specific items, including, 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 and reuse of stormwater, and  
          projects to reestablish natural water drainage treatment and  
          infiltration systems. The plans must be developed on a watershed  
          basis and must provide for community participation in plan  
          development and implementation. 

          Proposed Law: This bill would require that a stormwater resource  
          plans also identify opportunities to use existing publically  
          owned lands and easements to capture and use stormwater. 

          The stormwater resource plans would be required to prioritize  








          SB 985 (Pavley)
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          projects in a quantitative manner to maximize water supply,  
          water quality, flood management, environmental, and other  
          community benefits within the watershed. The plans would also be  
          required to prioritize the use of public lands in projects.

          While the development of stormwater resource plans will remain  
          voluntary, this bill would require a plan to be developed in  
          order for the entity to be eligible to receive grants for  
          stormwater and dry weather runoff capture projects from a bond  
          that is approved by the voters after January 1, 2014.

          The board would be required to establish a policy that would  
          develop appropriate quantitative methods for identifying and  
          prioritizing opportunities for stormwater and dry weather runoff  
          capture projects. The board would also be responsible for  
          identifying the prerequisites necessary for stormwater resource  
          plans to be considered as part of an alternative compliance plan  
          for municipal or stormwater national pollutant discharge  
          elimination system permits.

          Staff Comments: Under this bill, the board would incur costs to  
          develop the required policy, which would involve workshops and  
          stakeholder outreach. Based on their experience in developing a  
          similar policy regarding another issue, the board estimates that  
          it would need three PYs at an approximate cost of $390,000 for  
          one year. 

          The board would also incur costs to approve stormwater resource  
          plans to establish eligibility for stormwater and dry weather  
          runoff capture projects with future bond monies. Staff notes  
          that the water bond that is currently on the November 2014  
          ballot does not have money for stormwater projects, though many  
          of the legislative proposals to replace that bond do.