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  JULY 7, 2015
	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,   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  Los Angeles County Flood Control
District, or the  relevant watermaster  or water
replenishment district  prior to initiating a stormwater or dry
weather runoff program within the boundaries of an adjudicated
groundwater  basin.   basin or within the se
  rvice area of a water replenishment district, as
applicable.  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, interconnected system that encompasses
over 3,000 square miles, and is  controlled  
operated and maintained  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.  
for the purposes of flood protection and water conservation. 
   (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 
 permit prohibits  the discharge of nonstormwater 
discharges to MS4 (unless authorized under another permit or
specifically exempted from the MS4 permit),   into the
MS4, subject to specified exceptions,  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.   improve 
 the water quality in the downstream receiving water bodies.

   (k) The presiding officers of the cities and the 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
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) The Legislature does not intend for the sanitation districts'
activities related to the management and treatment of stormwater and
dry weather urban runoff to interfere with the existing water
management, flood protection, or water conservation activities of
other local or regional agencies.  
   (m) 
    (n)  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 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.   County.  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)  (1)    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.   watermaster for a
preliminary determination as to whether the project is inconsistent
with the adjudication. If the watermaster deems the project to be
inconsistent with   the adjudication, the watermaster shall
recommend, in writing, the measures that are necessary in order to
conform the project to the adjudication.  
   (2) Prior to initiating a stormwater or dry weather runoff project
within the service area of a water replenishment district, a
district shall consult with the water replenishment district for the
purpose of avoiding potential conflicts with water replenishment
activities.  
   (3) Prior to initiating a stormwater or dry weather runoff
project, a district shall consult with the Los Angeles County Flood
Control District for the purpose of avoiding potential conflicts with
flood protection and water conservation activities. 
   (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.
   (f) For purposes of this section, "stormwater" and "dry weather
runoff" have the same meaning as in Section 10561.5 of the Water
Code.
   (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.
   (h) Nothing in this section shall be construed to alter or
interfere with any of the following:
   (1) Existing water rights to water from any source, including any
adjudicated rights allocated by a court judgment or order, 
including any physical solution,  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) 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   county sanitation districts  of Los
Angeles County.