BILL NUMBER: SB 790 CHAPTERED
BILL TEXT
CHAPTER 620
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 8, 2009
PASSED THE ASSEMBLY SEPTEMBER 3, 2009
AMENDED IN ASSEMBLY SEPTEMBER 1, 2009
AMENDED IN ASSEMBLY JULY 2, 2009
AMENDED IN SENATE MAY 4, 2009
AMENDED IN SENATE APRIL 22, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Pavley
(Coauthors: Assembly Members Davis and Monning)
FEBRUARY 27, 2009
An act to amend Section 30916 of the Public Resources Code, and to
amend Section 10540 of, and to add Part 2.3 (commencing with Section
10560) to Division 6 of, the Water Code, relating to resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 790, Pavley. Resources: water quality: stormwater resource
plans.
(1) The Watershed, Clean Beaches, and Water Quality Act authorizes
the Water Resources Control Board, in consultation with the State
Coastal Conservancy, to award grants to public agencies and nonprofit
organizations for projects designed to restore and protect the water
quality and environment of coastal waters, estuaries, bays, and near
shore waters, including, among other things, a project to make
improvements to, or upgrades or conversions of, existing sewer
collection systems and septic systems for the restoration and
protection of coastal water quality.
This bill would also authorize grants for projects designed to
implement or promote low-impact development for new or existing
developments that will contribute to the improvement of water quality
or reduce stormwater runoff and for projects designed to implement
specified stormwater resource plans.
(2) Under existing law, the State Water Resources Control Board
and the California regional water quality control boards prescribe
waste discharge requirements for the discharge of stormwater in
accordance with the national pollutant discharge elimination system
(NPDES) permit program and the Porter-Cologne Water Quality Control
Act. Existing law authorizes a regional water management group, as
defined, to adopt an integrated regional water management plan that
addresses specified matters.
This bill would authorize a city, county, or special district to
develop, jointly or individually, stormwater resource plans that meet
certain standards. The bill would authorize a regional water
management group to coordinate its planning activities to address or
incorporate into its plan any stormwater resource planning that is
undertaken pursuant to the bill's provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 30916 of the Public Resources Code is amended
to read:
30916. (a) Upon appropriation by the Legislature, funds provided
under this chapter may be used by the board, in consultation with the
State Coastal Conservancy, to award grants not to exceed five
million dollars ($5,000,000) per project to public agencies and
nonprofit organizations for the purposes of this chapter. Grants may
be awarded for any of the following projects:
(1) A project designed to improve water quality at public beaches
and to make improvements for the purpose of ensuring that coastal
waters adjacent to public beaches meet the bacteriological standards
set forth in Article 2 (commencing with Section 115875) of Chapter 5
of Part 10 of Division 104 of the Health and Safety Code.
(2) A project to make improvements to, or upgrades or conversions
of, existing sewer collection systems and septic systems for the
restoration and protection of coastal water quality.
(3) A project designed to implement stormwater and runoff
pollution reduction and prevention programs, or for the
implementation of best management practices, for the restoration and
protection of coastal water quality.
(4) A project designed to implement or promote low-impact
development for new or existing developments that will contribute to
the improvement of water quality or reduce stormwater runoff.
(5) A project designed to implement a stormwater resource plan
prepared pursuant to Part 2.3 (commencing with Section 10560) of
Division 6 of the Water Code.
(b) The projects funded pursuant to this chapter shall be
consistent with the state's nonpoint source control program, as
revised to meet the requirements of Division 20 (commencing with
Section 30000), Section 6217 of the federal Coastal Zone Act
Reauthorization Amendments of 1990, Section 319 of the federal Clean
Water Act (33 U.S.C. Sec. 1329), Division 7 (commencing with Section
13000) of the Water Code, and the California Coastal Commission.
(c) The projects funded pursuant to this chapter shall demonstrate
the capability of contributing to sustained, long-term water quality
or environmental restoration or protection benefits for a period of
20 years, address the causes of degradation, rather than the
symptoms, and be consistent with water quality and resource
protection plans prepared, implemented, or adopted by the board, the
applicable regional water quality control board, and the State
Coastal Conservancy.
(d) An applicant for funds under this chapter shall be required to
submit to the board a monitoring and reporting plan that does all of
the following:
(1) Identifies the nonpoint source or sources of pollution to be
prevented or reduced by the project.
(2) Describes the baseline water quality or environmental quality
to be addressed.
(3) Describes the manner in which the project will be effective in
preventing or reducing pollution and in demonstrating the desired
environmental results.
(4) Describes the monitoring program, including, but not limited
to, the methodology, and the frequency and duration of monitoring.
(e) Upon completion of the project, a recipient of funds under
this chapter shall submit a report to the board that summarizes the
completed activities and indicates whether the purposes of the
project have been met. The report shall include information collected
by the recipient in accordance with the project monitoring and
reporting plan, including a determination of the effectiveness of the
project in preventing or reducing pollution, and the results of the
monitoring program. The board shall make the report available to the
public, watershed groups, and federal, state, and local agencies.
(f) Not more than 25 percent of a grant may be awarded in advance
of actual expenditure.
(g) An applicant for funds under this chapter shall inform the
board of any necessary public agency approvals, entitlements, and
permits that may be necessary to implement the project. The
application shall certify to the board, at the appropriate time, that
those approvals, entitlements, and permits have been granted.
(h) Where recovery plans for coho salmon, steelhead trout, or
other threatened or endangered aquatic species exist, projects funded
under this chapter shall be consistent with those plans and, to the
extent feasible, shall seek to implement actions specified in those
plans.
(i) The board shall appoint a Clean Beaches Task Force comprised
of individuals representing the breadth and diversity of coastal
communities. All proposals for funding shall be reviewed by the task
force. The task force may recommend projects to the board for funding
consideration.
SEC. 2. Section 10540 of the Water Code is amended to read:
10540. (a) A regional water management group may prepare and
adopt an integrated regional water management plan in accordance with
this part.
(b) A regional water management group may coordinate its planning
activities to address or incorporate all or part of any of the
following actions of its members into its plan:
(1) Groundwater management planning pursuant to Part 2.75
(commencing with Section 10750) or other specific groundwater
management authority.
(2) Urban water management planning pursuant to Part 2.6
(commencing with Section 10610).
(3) The preparation of a water supply assessment required pursuant
to Part 2.10 (commencing with Section 10910).
(4) Agricultural water management planning pursuant to Part 2.8
(commencing with Section 10800).
(5) City and county general planning pursuant to Section 65350 of
the Government Code.
(6) Stormwater resource planning that is undertaken pursuant to
Part 2.3 (commencing with Section 10560).
(7) Other water resource management planning, including flood
protection, watershed management planning, and multipurpose program
planning.
(c) At a minimum, all plans shall address all of the following:
(1) Protection and improvement of water supply reliability,
including identification of feasible agricultural and urban water use
efficiency strategies.
(2) Identification and consideration of the drinking water quality
of communities within the area of the plan.
(3) Protection and improvement of water quality within the area of
the plan, consistent with the relevant basin plan.
(4) Identification of any significant threats to groundwater
resources from overdrafting.
(5) Protection, restoration, and improvement of stewardship of
aquatic, riparian, and watershed resources within the region.
(6) Protection of groundwater resources from contamination.
(7) Identification and consideration of the water-related needs of
disadvantaged communities in the area within the boundaries of the
plan.
(d) This section does not obligate a local agency to fund the
implementation of any project or program.
SEC. 3. Part 2.3 (commencing with Section 10560) is added to
Division 6 of the Water Code, to read:
PART 2.3. Stormwater RESOURCE Planning
10560. This part shall be known and may be cited as "The
Stormwater Resource Planning Act."
10561. The Legislature hereby finds and declares all of the
following:
(a) In many parts of the state stormwater is a source of surface
water and groundwater 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.
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) 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) Activities that generate or contribute to the pollution of
stormwater, or that impair the effective beneficial use of
stormwater.
(7) Projects and programs to ensure the effective implementation
of the stormwater resource plan pursuant to this part and achieve
multiple benefits.
(8) Ordinances or other mechanisms necessary to ensure the
effective implementation of the stormwater resource plan pursuant to
this part.
10563. (a) Nothing in this part interferes with or prevents the
exercise of authority by a public agency to carry out its programs,
projects, or responsibilities.
(b) Nothing in this part affects requirements imposed under any
other provision of law.
10564. For purposes of this part, "low-impact development" means
new development or redevelopment projects that employ natural and
constructed features that reduce the rate of stormwater runoff,
filter out pollutants, facilitate stormwater storage onsite,
infiltrate stormwater into the ground to replenish groundwater
supplies, or improve the quality of receiving groundwater and surface
water.