Bill Text: CA SB485 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: County of Los Angeles: sanitation districts.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2015-10-09 - Chaptered by Secretary of State. Chapter 678, Statutes of 2015. [SB485 Detail]

Download: California-2015-SB485-Amended.html

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BILL NUMBER: SB 485	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 23, 2015

INTRODUCED BY   Senator Hernandez
   (Coauthor: Senator Liu)
   (Coauthors: Assembly Members Cristina Garcia and Rendon)

                        FEBRUARY 26, 2015

   An act to add Section 4730.68 to the Health and Safety Code,
relating to public sanitation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 485, as amended, Hernandez. County of Los Angeles: sanitation
districts.
   The County Sanitation District Act authorizes a sanitation
district to acquire, construct, and complete certain works, property,
or structures necessary or convenient for sewage collection,
treatment, and disposal.
   This bill would authorize specified sanitation districts in the
County of Los Angeles, to acquire, construct, operate, maintain, and
furnish facilities for the diversion, management, and treatment of
stormwater and dry weather runoff, the discharge of the water to the
stormwater drainage system, and the beneficial use of the water. 
The bill would require a district to consult with the relevant
watermaster prior to initiating a stormwater or dry weather runoff
program within the boundaries of an adjudicated groundwater basin.
The bill would make related   changes. 
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Los Angeles.
   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.  The Legislature hereby finds and declares all of the
following:
   (a) The county sanitation districts of Los Angeles County
(sanitation districts) were established in 1923 under the County
Sanitation District Act (Chapter 3 (commencing with Section 4700) of
Part 3 of Division 5 of the Health and Safety Code).
   (b) The sanitation districts provide regional solid waste
management and wastewater collection and treatment services for 5.5
million people in 78 cities and unincorporated communities.
   (c) Eighty-four cities in Los Angeles County, the Los Angeles
County Flood Control District, and Los Angeles County unincorporated
areas are all regulated under a permit for the Municipal Separate
Storm Sewer System (MS4), the most recent of which was adopted by the
California Regional Water Quality Control Board, Los Angeles Region,
in December 2012.
   (d) The City of Long Beach is regulated under its own permit for
its MS4, the most recent of which was adopted by the regional board
in February 2014.
   (e) The MS4 is a  large   large, 
interconnected system that encompasses over 3,000 square miles, and
is controlled in large part by the Los Angeles County Flood Control
District and used by multiple cities along with Los Angeles County.
   (f) The Los Angeles County Flood Control District is primarily
focused on operation and maintenance of the larger, downstream MS4
infrastructure into which the smaller, upstream city MS4
infrastructure discharges.
   (g) This extensive system conveys stormwater and nonstormwater
across municipal boundaries where it is commingled within the MS4 and
then discharged to receiving water bodies, such as the Los Angeles
River and San Gabriel River.
   (h) It will be necessary for the cities, Los Angeles County Flood
Control District, and Los Angeles County to spend millions of dollars
per year to comply with the Los Angeles Region MS4 permits.
   (i) The Los Angeles Region MS4 permits prohibit the discharge of
nonstormwater discharges to MS4 (unless authorized under another
permit or specifically exempted from the MS4 permit), and one
management technique that can be effective in cleaning up
nonstormwater discharges is to divert dry weather runoff into the
sanitary sewer system, if sewer and treatment plant capacity are
available and other regulatory requirements are met.
   (j) Many of the cities, the Los Angeles County Flood Control
District, and Los Angeles County are preparing watershed management
plans and enhanced watershed management plans in order to identify
stormwater and dry weather urban runoff projects and activities that
will bring the MS4 under their jurisdiction into compliance with the
Los Angeles Region MS4 permits.
   (k) The presiding officers of the cities and the  Chairman
  chair  of the County Board of Supervisors serve
as members of the boards of directors of the sanitation districts.
   (  l  ) The administrative board of directors of the
sanitation districts formally requested that the  Sanitation
Districts   sanitation districts  seek the
authority to use its civil engineering and water quality expertise to
help the cities and county manage stormwater and dry weather urban
runoff in order to comply in an efficient and effective manner with
the Los Angeles Region MS4 permit.
   (m) Because of the unique circumstances of the sanitation
districts and the Los Angeles Region MS4, special legislation is
necessary to augment the sanitation districts' powers under the
County Sanitation District Act.
  SEC. 2.  Section 4730.68 is added to the Health and Safety Code, to
read:
   4730.68.  (a) This section applies only to county sanitation
district numbers 1, 2, 3, 4, 5, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21,
22, 23, 27, 28, 29, and 34 of Los Angeles County, Newhall Ranch
Sanitation  District,   District of Los Angeles
County,  South Bay Cities Sanitation District of Los Angeles
County, and Santa Clarita Valley Sanitation District of Los Angeles
County, and any new county sanitation district subsequently formed in
the County of Los Angeles. The powers granted in this section
supplement the existing powers of each district.
   (b) A district may acquire, construct, operate, maintain, and
furnish facilities for any of the following purposes:
   (1) The diversion of stormwater and dry weather runoff from the
stormwater drainage system within the district.
   (2) The management and treatment of the stormwater and dry weather
runoff.
   (3) The discharge of the water to the stormwater drainage system
or receiving waters.
   (4) The beneficial use of the water.
   (c) In order to carry out the powers and purposes granted under
this section, the district may exercise any of the powers otherwise
granted to a district by this chapter to the extent those powers may
be made applicable. 
   (d) Prior to initiating a stormwater or dry weather runoff program
or project within the boundaries of an adjudicated groundwater
basin, a district shall consult with the relevant watermaster. 

   (d) 
    (e)  This section does not affect any obligation of a
district to obtain a permit that may be required by law for the
activities undertaken pursuant to this section. 
   (e) 
    (f)  For purposes of this section, "stormwater" and "dry
weather runoff" have the same meaning as in Section 10561.5 of the
Water Code. 
   (f) 
    (g)  Nothing in this section shall be construed to
require any local agency to participate, financially or otherwise, in
a project pursued under the authority granted by this section.

   (g) This section is not intended 
    (h)     Nothing in this section shall be
construed  to alter  or interfere with  any of the
following:
   (1) Existing water  rights,   rights to water
from any source,  including any adjudicated  rights.
  rights allocated by a court judgment or order, rights
issued by the state or a state agency, and rights acquired pursuant
to any federal or state statute. 
   (2) Existing water rights law.
   (3) Any rights, remedies, or obligations that may exist pursuant
to Article 1 (commencing with Section 1200)  of 
 or  Article 1.5 (commencing with Section 1210) of Chapter 1
of Part 2 of Division 2 of the Water Code,  Chapter 10
(commencing with Section 1700) of Part 2 of Division 2 of the Water
Code,  or Chapter 8.5 (commencing with Section 1501) of Part 1
of Division 1 of the Public Utilities Code. 
   (i) Nothing in this section shall be construed to establish a
right for a district to alter or interfere with either of the
following:  
   (1) The operation, maintenance, or ownership of a water facility
that is operated, maintained, or owned by a public agency or an
entity regulated by the Public Utilities Commission.  
   (2) A judgment or court order, or an action by a watermaster or
public agency, pursuant to an adjudication, adjudicated physical
solution, or federal or state statute that affects water, water
rights, flood control, water management, or water conservation. 

  SEC. 3.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances of the County Sanitation
Districts of Los Angeles County.