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

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Date Published: 01/25/2024 09:00 PM
AB990:v95#DOCUMENT

Amended  IN  Assembly  January 25, 2024
Amended  IN  Assembly  April 17, 2023
Amended  IN  Assembly  April 13, 2023
Amended  IN  Assembly  March 06, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 990

Introduced by Assembly Member Grayson
(Coauthor: Senator Wiener)

February 15, 2023

An act to add Section 13277 to, and to add and repeal Section 13276.5 of, the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


AB 990, as amended, Grayson. Water quality: waste discharge requirements: infill housing projects.
The Porter-Cologne Water Quality Control Act (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 board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the federal National Pollutant Discharge Elimination System (NPDES) permit program established by the federal Clean Water Act and the act.
This bill would require the regional water board, defined to mean the regional water board with geographic boundaries for the San Francisco Bay region, to, by July 1, 2024, 2025, initiate modifications to its waste discharge requirements, as specified. The bill would require these modifications to be completed within 6 months of initiation. Before finalizing the modifications, the bill would require the regional water board to make specified findings, including, among other things, that concerns regarding the potential impacts of the draft NPDES permit requirements on the development of housing on infill sites have been adequately addressed. The bill would make these provisions inoperative on July 1, 2027, 2028, and would repeal them on January 1, 2028. 2029.
This bill would require, before modification, reissuance, or issuance of NPDES permits for stormwater discharges, the regional water board to 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.
This bill would make legislative findings and declarations as to the necessity of a special statute for the San Francisco Bay area.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


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.

SECTION 1.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, 2024, 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. R2-2022-0018. 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. R2-2022-0018 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. R2-2022-0018, 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. R2-2022-0018 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. R2-2022-0018 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, 2027, 2028, and, as of January 1, 2028, 2029, is repealed.

SEC. 2.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. 3.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.