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AB-756 Department of Transportation: contaminated stormwater runoff: salmon and steelhead trout bearing surface waters.(2023-2024)



As Amends the Law Today


SECTION 1.

 Article 3.6 (commencing with Section 156.6) is added to Chapter 1 of Division 1 of the Streets and Highways Code, to read:

Article  3.6. 6PPD Stormwater Runoff
156.6.
 For the purposes of this article, the following terms have the following meanings:
(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 the tribes 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.
156.7.
 (a) The department, in consultation with the State Water Resources Control Board, the Department of Toxic Substances Control, and the Department of Fish and Wildlife, 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.
(b) The department’s 6PPD and 6PPD-quinone programmatic environmental review process shall include all of the following:
(1) The pilot project, as described in subdivision (c), to study the effectiveness and cost effectiveness of installing and maintaining bioretention and biofiltration comparatively along department rights-of-way to eliminate the discharge of 6PPD and 6PPD-quinone into surface waters of the state.
(2) The map of all locations where the department is likely to discharge stormwater into salmon or steelhead trout bearing surface waters of the state, as described in subdivision (d).
(3) The 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, as required to be reported pursuant to subdivision (d).
(c) No later than December 31, 2025, the department shall construct a pilot project at the location where Highway 101 crosses the San Mateo Creek, in the City of San Mateo, 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 from state highways into surface waters of the state.
(d) No later than December 31, 2026, the director shall submit a report to the Legislature describing the department’s strategy to eliminate the discharge of 6PPD and 6PPD-quinone to all salmon and steelhead trout bearing surface waters of the state. The report shall include a map identifying all locations where the department is likely to discharge stormwater into salmon or steelhead trout bearing surface waters of the state.
(e) 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 treat bearing surface waters of the state.
(f) (1) The requirement for submitting a report imposed under subdivision (d) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (d) shall be submitted in compliance with Section 9795 of the Government Code.
156.8.
 (a) Commencing January 1, 2027, the department shall annually install bioretention or biofiltration controls at 10 percent of the locations identified in the map and strategy developed pursuant to Section 156.7 for 10 years, until the department has installed bioretention or biofiltration controls at all locations where the department is likely to discharge stormwater into salmon or steelhead trout bearing surface waters of the state.
(b) Notwithstanding Section 10231.5 of the Government Code, the director shall prepare an annual status report describing the status of the department’s progress in preventing the discharge of 6PPD and 6PPD-quinone. This report shall be given to the Legislature on or before October 31 of each year, through October 31, 2038. A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.