Bill Text: CA AB990 | 2023-2024 | Regular Session | Introduced

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

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Bill Title: Water quality: waste discharge requirements: infill housing projects.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-08-15 - In committee: Held under submission. [AB990 Detail]

Download: California-2023-AB990-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 990

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Introduced by Assembly Member Grayson

February 15, 2023

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An act to add Section 13277 to the Water Code, relating to water.

LEGISLATIVE COUNSEL'S DIGEST

AB 990, as introduced, Grayson. Water quality: low impact development: infill housing projects.

The Porter-Cologne Water Quality Control Act designates the State Water Resources Control Board and the California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. The act requires the state board and the regional boards to, among other things, coordinate their respective activities to achieve a unified and effective water quality control program in the state. Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with federal law and the act.

This bill would require local agencies to grant all applicable Low Impact Development Treatment Reduction Credits for qualifying infill housing projects in the San Francisco Bay area that have a density of over 40 homes per acre and meet other specified criteria. Because it would require local agencies to provide a higher level of service, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

This bill would make legislative findings and declarations as to the necessity of a special statute for the San Francisco Bay area.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 13277 is added to the Water Code, to read:

13277.

 (a) For the San Francisco Bay area, infill housing development projects that have a density of over 40 homes per acre and meet the other criteria of a special project specified in Provision C.3.e of the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES Permit Order No. R2-2015-0049, issued on November 19, 2015, shall be eligible for the Low Impact Development Treatment Reduction Credits offered in accordance with that provision. Where criteria for eligibility are met, local agencies shall grant all applicable Low Impact Development Treatment Reduction Credits for qualifying infill housing projects.

(b) An infill housing development project is a qualified project for purposes of this section if it is located on a legal parcel or parcels located in a city or city and county if, and only if, the city or city and county boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SEC. 3.

 The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.

SEC. 4.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to address an ongoing lack of available housing in the San Francisco Bay area.