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AB-1798 Department of Transportation: contaminated stormwater runoff: salmon and steelhead trout bearing surface waters.(2023-2024)



As Amends the Law Today


SECTION 1.
 This act shall be known, and may be cited, as the Saving Aquatic Life from Manufactured Oxidized Nanochemicals Act or S.A.L.M.O.N. Act.

SEC. 2.

 Article 3.6 (commencing with Section 156.8) is added to Chapter 1 of Division 1 of the Streets and Highways Code, to read:

Article  3.6. 6PPD Stormwater Runoff
156.8.
 For the purposes of this article, the following definitions apply:
(a) “6PPD” means the chemical compound N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine commonly contained in motor vehicle tires.
(b) “6PPD-quinone” means the reaction product of 6PPD that is acutely toxic to aquatic life.
(c) “Biofiltration” means the effect of vegetated treatment facilities that reduce stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration or evapotranspiration, and filtration.
(d) “Bioretention” means the effect of engineered facilities that store and treat stormwater by passing it through a specified soil profile, and either retain or detain the treated stormwater for flow attenuation.
(e) “Consultation” means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties’ cultural values and, where feasible, seeking agreement. Consultation between government agencies and Native American tribes shall be conducted in a way that is mutually respectful of each party’s sovereignty. Consultation shall also recognize a tribe’s potential needs for confidentiality with respect to places that have traditional tribal cultural significance.
(f) “Tribal community” means a community within a federally recognized California Native American tribe or nonfederally recognized Native American tribe on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004.
156.9.
 (a) The department, in conjunction with the State Water Resources Control Board, shall develop a programmatic environmental review process to prevent 6PPD and 6PPD-quinone from entering salmon and steelhead trout bearing surface waters of the state. To the extent practicable, the State Water Resources Control Board and the department shall seek the assistance and expertise of the States of Washington and Oregon in the development of the programmatic environmental review process. Through consultation, the State Water Resources Control Board shall determine all of the following for the department’s programmatic environmental review process:
(1) The frequency and timing for sampling a qualified storm event, as defined by the State Water Resources Control Board.
(2) The monitoring and reporting protocols.
(3) The specific project location for each county.
(4) All other information and data deemed necessary to inform future stormwater permit reissuances.
(b) The department’s 6PPD and 6PPD-quinone programmatic environmental review process shall include all of the following:
(1) Five pilot projects, as described in subdivision (c), to study the water quality control effectiveness and cost effectiveness of installing and maintaining bioretention and biofiltration along department rights-of-way to eliminate the discharge of 6PPD and 6PPD-quinone into surface waters of the state.
(2) A map of all locations where the department is likely to discharge stormwater into salmon or steelhead trout bearing surface waters of the state. The map shall include an overlay of salmon and steelhead fishery information, areas of high vehicle miles traveled, and specific drainage outlets or other likely discharge points for each location.
(3) (A) A strategy to eliminate, by December 31, 2037, the discharge of 6PPD and 6PPD-quinone by the department into salmon and steelhead trout bearing surface waters of the state. The strategy shall be posted on the department’s internet website on or before December 31, 2027, and shall include, but not be limited to, consideration of cost savings through the implementation of existing total daily maximum load projects and planned projects where biofiltration or bioretention could effectively be implemented to control 6PPD and 6PPD-quinone.
(B) In developing the strategy required by subparagraph (A), the department may consult with the Department of Toxic Substances Control and consider how the department’s strategy, in combination with efforts by the Department of Toxic Substances Control to regulate the use of 6PPD in the manufacture of motor vehicle tires, will further reduce the presence of 6PPD and 6PPD-quinone in salmon and steelhead trout bearing surface waters of the state.
(c) No later than December 31, 2026, the department shall construct five pilot projects, one each in the Counties of San Mateo, Contra Costa, Sonoma, Humboldt, and Nevada, to study the highest performance and most cost-effective methods to install bioretention and biofiltration comparatively as a method to eliminate 6PPD and 6PPD-quinone from entering salmon and steelhead trout bearing surface waters of the state. The study shall also measure the effectiveness of bioretention and biofiltration to control the discharge of microplastics, including tire wear particles, and other pollutants as deemed appropriate by the State Water Resources Control Board, from state highways into surface waters of the state.
(d) The department shall provide consultation on a government-to-government basis with tribal communities, as appropriate, in order to allow tribal officials the opportunity to provide meaningful and timely input in the development of the department’s strategy to eliminate 6PPD and 6PPD-quinone from all salmon and steelhead trout bearing surface waters of the state.
(e) All information provided by the department to the State Water Resources Control Board pursuant to this section shall be made publicly available through the State Water Resources Control Board’s stormwater data collection system.