Today's Law As Amended


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AB-990 Water quality: waste discharge requirements: infill housing projects.(2023-2024)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) It is necessary to seek modifications to Provision C.3.e.ii of the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES Permit Order No. R2-2023-0019 (Provision C).
(b) The nature of the housing is worse than it was when the permit was originally adopted and this presents a compelling reason to repair special category c.
(c) The cost to build housing has risen dramatically since the adoption of the permit, justifying repair to special category c.
(d) The information in subdivisions (a) to (c), inclusive, is new information for the purpose of the permit.

SEC. 2.

 Section 13276.5 is added to the Water Code, to read:

13276.5.
 (a) For purposes of this section, “regional water board” means the regional board established pursuant to Section 13201, with geographic boundaries for the San Francisco Bay region, established pursuant to subdivision (b) of Section 13200.
(b) By July 1, 2025, the regional water board shall initiate modifications, pursuant to Section 122.62 of Title 40 of the Code of Federal Regulations, to Provision C.3.e.ii of the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES Permit Order No. R2-2023-0019. In developing these modifications, the regional water board shall do both of the following:
(1) Consult with, and fully consider input from, the Association of Bay Area Governments and the Metropolitan Transportation Commission regarding potential impacts of Provision C.3.e.ii of the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES Permit Order No. R2-2023-0019 on the development of housing on infill sites and implementation of infill site proposals established in the sustainable communities strategy for the San Francisco Bay area, developed pursuant to paragraph (2) of subdivision (b) of Section 65080 of the Government Code.
(2) Consult with, and fully consider input from, stakeholders with interests in infill housing development that may be impacted by Provision C.3.e.ii of the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES Permit Order No. R2-2023-0019, including local governments, housing developers, business groups, community-based organizations, and residents.
(c) Modifications of Provision C.3.e.ii of the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES Permit Order No. R2-2023-0019 pursuant to this section shall be completed within six months of the initiation of the modifications.
(d) Before finalizing modifications to Provision C.3.e.ii of the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES Permit Order No. R2-2023-0019 pursuant to this section, the regional water board shall find all of the following:
(1) Concerns regarding the potential impacts of the draft National Pollutant Discharge Elimination System (NPDES) permit requirements on the development of housing on infill sites have been adequately addressed.
(2) Draft NPDES permit requirements are feasible and effective strategies for managing stormwater pollution, and will not severely impair the development of housing on infill sites or implementation of infill site proposals established in the sustainable communities strategy for the San Francisco Bay area, developed pursuant to paragraph (2) of subdivision (b) of Section 65080 of the Government Code.
(3) Provision C.3.e.ii is substantially similar to the provision as it was in the regional water board’s previous Municipal Regional Stormwater NPDES Permit Order No. R2-2015-0049, such that it does not condition its benefits on affordable housing requirements.
(e) This section shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed.

SEC. 3.

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

13277.
 (a) For the purposes of this section, “regional water board” means the regional board established pursuant to Section 13201, with geographic boundaries for the San Francisco Bay region, established pursuant to subdivision (b) of Section 13200.
(b) Before modification, reissuance, or issuance of National Pollutant Discharge Elimination System (NPDES) permits for stormwater discharges, pursuant to Title 40 of the Code of Federal Regulations, the regional water board shall consult with, and fully consider input from, the Association of Bay Area Governments and the Metropolitan Transportation Commission on any draft NPDES permit provision for a new development and redevelopment that may impact infill housing or implementation of infill proposals established in the sustainable communities strategy for the San Francisco Bay area, developed pursuant to paragraph (2) of subdivision (b) of Section 65080 of the Government Code.
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.