Bill Text: CA SB790 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Resources: water quality: stormwater resource plans.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 620, Statutes of 2009. [SB790 Detail]

Download: California-2009-SB790-Amended.html

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BILL NUMBER: SB 790	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Pavley

                        FEBRUARY 27, 2009

    An act to amend Section 30916 of the Public Resources
Code, relating to coastal resources.   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, as amended, Pavley. Coastal resources: project grants.

    The 
    (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 that will contribute to
the improvement of water quality or reduce stormwater runoff  and
for projects designed to implement specified stormwater management
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 management plans that
meet certain requirements. The bill would require a regional water
management plan prepared by a regional water management group to
address stormwater management planning that is undertaken pursuant to
the bill's provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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 that will contribute to the improvement of water quality
or reduce stormwater runoff. 
   (5) A project designed to implement a stormwater management 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) 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) Stormwater management planning that is undertaken pursuant to
Part 2.3 (commencing with Section 10560).  
   (6) 
    (7)  Protection of groundwater resources from
contamination. 
   (7) 
    (8)  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 Management Planning


   10560.  This part shall be know and may be cited as "The
Stormwater Management 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 can reduce pollution and
increase uncontaminated supplies of water 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 the valleys and on the
coast. 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
consistent with low impact development principles to improve the
retention, reuse, and percolation of stormwater onsite.
   (g) Stormwater can be managed to achieve environmental benefits
such as wetland creation, riverside habitats, and instream flows.
   10562.  (a) A city, county, or special district, either
individually or jointly, may develop a stormwater management plan
pursuant to this part.
   (b) Stormwater management plans shall do all of the following:
   (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) 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) Stormwater management plans shall be designed to do all of the
following:
   (1) Augment local water supply through groundwater recharge or
storage for beneficial reuse of stormwater.
   (2) Prioritize source control, onsite and local infiltration, and
reuse of stormwater.
   (3) Reestablish natural water drainage treatment and infiltration
systems, or mimic natural system functions to the maximum extent
feasible.
   (4) Include requirements for new and upgraded infrastructure and
development to meet design criteria and best management practices to
prevent stormwater pollution and increase effective stormwater
management. These design criteria and best management practices
should accomplish all of the following:
   (A) Reduce effective impermeability within a watershed by creating
or connecting to permeable surfaces, retention basins, cisterns, and
other storage for beneficial reuse.
   (B) Support low impact development and sustainable redevelopment
using low impact techniques.
   (5) Identify opportunities to develop or enhance habitat and open
space, including wetlands, riverside habitats, parkways, and parks.
   (6) Identify activities that generate or contribute to the
pollution of stormwater, or that impair the effective beneficial use
of stormwater.