Bill Text: CA AB2106 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Water quality: permits.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2022-09-28 - Vetoed by Governor. [AB2106 Detail]
Download: California-2021-AB2106-Amended.html
Stormwater Multiple Application and Report Tracking System (SMARTS) database stormwater data collection systems through all of the following: toward toward, and recommendations to achieve, attainment of beneficial uses and compliance with water quality standards as they pertain to permits issued pursuant to Section 402(p) of the federal Clean Water Act and this division. The report shall include recommendations for the state board, regional boards, other relevant state agencies, and the Legislature to act upon to ensure permitting of stormwater discharges protects and supports attainment of beneficial uses and results in compliance with water quality objectives.
Bill Title: Water quality: permits.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2022-09-28 - Vetoed by Governor. [AB2106 Detail]
Download: California-2021-AB2106-Amended.html
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Amended
IN
Assembly
May 19, 2022 |
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Amended
IN
Assembly
March 15, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2106
| Introduced by Assembly Members Robert Rivas and Cristina Garcia (Coauthor: Assembly Member Eduardo Garcia) |
February 14, 2022 |
An act to add Sections 13196.1, 13383.1, and 13383.11 to the Water Code, relating to water quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 2106, as amended, Robert Rivas.
Water quality: permits.
Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region, as provided.
Existing law authorizes the state board to require a person submitting a report to the state board, a regional board, or a local agency to submit the report in electronic format.
This bill would require, on or before December 31, 2024, the state board to modernize its Stormwater Multiple
Application and Report Tracking System (SMARTS) database stormwater data collection systems through specified actions.
The bill would require the state board to establish a statewide commercial, industrial, and institutional NPDES order and to publish a draft order of the statewide order for public comment on or before December 31, 2024.
Existing law required the state board, no later than July 1, 2009, to develop a comprehensive guidance document for evaluating and measuring the effectiveness of municipal stormwater management programs and permits, as prescribed. Existing law requires the state board and regional boards to refer to the guidance document when establishing requirements in municipal stormwater programs and permits.
This bill would require, on or before
January 31, 2024, the state board to initiate a series of board hearings to evaluate the California stormwater program and the state’s progress towards attainment of beneficial uses and compliance with water quality standards as they pertain to permits issued pursuant to the federal Clean Water Act. The bill would require, on or before December 31, 2024, and after holding public workshops and soliciting public comments, the state board to develop and submit to the Legislature a report, as prescribed, evaluating the state’s progress toward toward, and recommendations to achieve, attainment of beneficial uses and compliance with water quality standards as they pertain to permits issued pursuant to the federal Clean
Water Act and the Porter-Cologne Water Quality Control Act. The bill would require the report to include recommendations for the state board, regional boards, other relevant state agencies, and the Legislature to act upon to ensure permitting of stormwater discharges protects and supports attainment of beneficial uses and results in compliance with water quality objectives.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Water is a necessity of human life, and every Californian deserves access to clean and safe water. Every Californian has a right to clean and safe water for swimming, fishing, and drinking and is encouraged to use and enjoy California’s waterways.
(b) Five decades ago, pollution and destruction of our nation’s waters had reached crisis levels. Major lakes, such as Lake Erie, were choked with pollution, killing off fish and aquatic vegetation. Rivers and streams across the country were little more than open sewers. The
Cuyahoga River had caught fire. Wetlands were being destroyed at an increasing rate, depriving coastal areas and river valleys of critically important flood control protection and ecological benefits.
(c) To address the water quality crisis, the California State Legislature passed the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code) in 1969 to entrust the State Water Resources Control Board (state board) and nine California regional water quality control boards (regional boards) with broad duties and powers to preserve and enhance all beneficial uses of waters of the state.
(d) Additionally, Congress passed the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500), commonly known as the federal Clean Water Act
(33 U.S.C. Sec. 1251 et seq.), with the objective to restore and maintain the biological, chemical, and physical integrity of the nation’s waters.
(e) The shared mission of the state board and regional boards is to preserve, enhance, and restore the quality of California’s water resources and drinking water for the protection of the environment, public health, and all beneficial uses, and to ensure proper water resource allocation and efficient use for the benefit of present and future generations.
(f) Federal and state clean water laws have facilitated dramatic improvements in controlling pollution from end of pipe industrial and municipal treatment work pipes, but continued efforts are
needed to address distributed pollution from urban stormwater runoff, agricultural runoff, and other threats to the health of waters of the state.
(g) Under Section 303(d) of the federal Clean Water Act (33 U.S.C. Sec. 1313(d)), California is required to review, make changes as necessary, and submit to the United States Environmental Protection Agency a list identifying water bodies not meeting water quality standards (303(d) list).
(h) As of the most recent 2018 303(d) list, nearly 95 percent of all fresh waters assessed in California, and over 1,400 water bodies, are listed as impaired, with only 114 total maximum daily loads having been approved since 2009 in California. Of 164,741 assessed miles of rivers and streams, 82 percent were impaired. Of
929,318 assessed acres of lakes, reservoirs, and ponds, 93 percent were impaired. Of 575,000 assessed acres of bays, harbors, and estuaries, 99 percent were impaired. Of 2,180 assessed miles of coastal shoreline, 93 percent were impaired. Of 130,084 assessed acres of wetlands, 99 percent were impaired.
(i) Well-conceived stormwater management actions provide multiple benefits for California communities, including improved water quality, increased water supply, increased space for public recreation, increased tree canopy, and enhanced stream and riparian habitat area, as well as many other benefits.
(j) As California celebrates the 50th anniversary of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), the state board and regional boards have an opportunity to reevaluate the state’s stormwater
program and reform stormwater permits to focus on the most effective practices to attain beneficial uses, sustainably manage and utilize stormwater as a resource to support water quality and water supply for human uses as well as the environment, promote source control, and identify sources of dedicated and supplemental stormwater funding.
SEC. 2.
Section 13196.1 is added to the Water Code, to read:13196.1.
On or before December 31, 2024, the state board shall modernize its(a) Reducing the costs associated with permittee data upload and reporting requirements by using modern technology.
(b) Improving efficient state board enforcement.
(c) Including
system level tracking and accounting of how best management practices reduce pollutant loading to receiving waters.
(d) Modernizing the database to be geographic information system-based in order to evaluate progress towards stormwater program compliance.
SEC. 3.
Section 13383.1 is added to the Water Code, to read:13383.1.
(a) The state board shall establish a statewide commercial, industrial, and institutional national pollutant discharge elimination system (NPDES) order pursuant to Section 402(p) of the federal Clean Water Act (33 U.S.C. Sec. 1342(p)) and Sections 122.26(a)(9)(i)(C) and 122.26(a)(9)(i)(D) of Title 40 of the Code of Federal Regulations. The state board shall publish a draft order of the statewide order for public comment on or before December 31, 2024.(b) Regulated stormwater permittees shall not be subject to more than one stormwater NPDES order for the same discharge pursuant to Section 402(p) of the federal Clean Water Act (33 U.S.C. Sec. 1342(p)) and Sections 122.26(a)(9)(i)(C) and 122.26(a)(9)(i)(D) of Title 40 of the Code of Federal Regulations.
SEC. 4.
Section 13383.11 is added to the Water Code, to read:13383.11.
(a) (1) On or before January 31, 2024, the State Water Board shall initiate a series of board hearings to evaluate the California stormwater program and the state’s progress towards attainment of beneficial uses and compliance with water quality standards as they pertain to permits issued pursuant to Section 402(p) of the federal Clean Water Act (33 U.S.C. Sec. 1342(p)). On or before December 31, 2024, and after holding public workshops and soliciting public comments, the state board shall develop and submit to the Legislature in compliance with Section 9795 of the Government Code a report evaluating the state’s progress(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on December 31, 2028, pursuant to Section
10231.5 of the Government Code.
(b) For the purpose of implementing subdivision (a), the state board shall use the state’s best available data to evaluate the impacts of stormwater discharges regulated by Section 402(p) of the federal Clean Water Act (33 U.S.C. Sec. 1342(p)) and the effectiveness of permits and stormwater management programs on attainment of beneficial uses and compliance with water quality objectives.
(c) For the purpose of developing recommendations pursuant to subdivision (a), the state board’s evaluation shall be limited to the following:
(1)Simplifying stormwater permits to focus on effective water quality controls and permittee compliance.
(1) Strategies to ensure stormwater permit requirements are simple and objective, focus on improving water quality, and determine permittee compliance.
(2) Mechanisms to ensure stormwater programs address environmental justice and racial inequities within the state’s water quality policies and permits to ensure disadvantaged and tribal communities are not disproportionately impacted by poorly managed stormwater.
(3) Source control measures the state could implement, including including, but not limited to, the potential for a statewide program to do all
of the following:
(A) Identify stormwater pollutants generated by the commercial sale of products.
(B) Require the reduction or elimination of the pollutants in commercial products identified pursuant to subparagraph (A).
(C) Hold manufacturers that cannot eliminate their contribution of stormwater pollutants identified pursuant to subparagraph (A) financially responsible for contributing those stormwater pollutants.
(D) Allocate funding generated from the program to local municipalities responsible for preventing discharges of pollutants identified pursuant to subparagraph (A) into waters of the state.
(4) Reducing Strategies to reduce the compliance costs created by unnecessary permit requirements that do not result in improved water quality or are not necessary to demonstrate permit compliance.
(5)Mechanisms to regulate or incentivize the one-water concept to better address multisector water quality problems.
(5) Policies to regulate or incentivize the one-water concept, defined as the recognition that all
urban water supplies, including, but not limited to, surface water, groundwater, stormwater, and wastewater are valued and interconnected resources that need to be comprehensively managed in order to better address multisector water quality and water supply problems.
(6) A dedicated source of stormwater funding and increasing supplemental funding opportunities for local stormwater programs, including creative approaches to use the State Water Pollution Control Revolving Fund to fund stormwater programs in a manner that is similar to the approaches used to fund wastewater programs.
(7) The use of spatially based stormwater information management systems to manage, visualize, and report program compliance data.
(8) Opportunities to better identify and enroll nonfilers into the applicable stormwater national pollutant discharge elimination system (NPDES) order pursuant to Section 402(p) of the federal Clean Water Act (33 U.S.C. Sec. 1342(p)) and Sections 122.26(a)(9)(i)(C) and 122.26(a)(9)(i)(D) of Title 40 of the Code of Federal Regulations.
(9) Solutions to identify sources of unknown water quality impairments.
