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HomeMy Public PortalAbout09) 7F Adoption of Resolution 15-5075 Supporting County Sanitation District Act SB 485AGENDA ITEM 7.F . COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: Ap ri1 7, 20 15 TO: The Honorable City Cou ncil FROM: Bryan Cook , City Manager Via : Michael D. Forbes, AI CP , Community Developm ent D i rector ~ By: Andrew J . Coyne , Management Ana lyst SUBJECT : ADOPTION OF RESOLUTION NO. 15-5075 SUPPORTING THE COUNTY SANITATION DISTRICT ACT (SENATE BILL 485), LEGISLATION TO PROVIDE THE COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY THE AUTHORITY TO MANAGE STORMWATER AND DRY WEATHER RUNOFF MANAGEMENT PROJECTS RECOMMENDATION: The City Cou ncil is requested to adopt Resolution No .15-5075 (Attachment "A ") supporting the County Sanitation District Act (Senate Bill 485), legislation to prov ide the County Sanitation Distri cts of Los Angeles County the authority to assist cities by managing stormwater and dry weather runoff management projects . BACKGROUND: 1. On December 17, 1972, Co ngress passed the Clean Water Act to address conta mination of the nation 's riv e rs an d waterways. 2 . On Nove mber 16 , 1990, th e U.S. Environmental Protection Agency published regulations requiring Nati ona l Pollutant Discharge Elimination System (NPDES) permits for Municipa l Separate Storm Sewer System (MS4 ) runoff, which fundamentally changed th e way storm water runoff is regulated at the State and Fede ral levels . 3 . On December 13, 2001 , the Regional Water Quality Control Board , Los Angeles Region ( R W Q C B) issued a cou ntywide MS4 perm it to Los Angeles County and 79 participating cities , in c luding Temple City. The permit includes requi rements for the County and cit ies to address stormwater runoff and pollution . • r City Council April7 , 2015 Page 2 of 3 4 . On November 8 , 2012 , the RWQCB issued Order No . R4-2012-0175 regardin g waste discharge requirem e nts for MS4 discharges within the coastal watersheds of Los Angeles Co unty and iss ued an updated MS4 permit re fle ctive of the new requ i rements . 5 . On October 14, 2014 , t he Los Angeles Division of the League of California Cities and the California Contract Cities Association released a report entitled "Stormwater Funding Options , Providing Sustainable Water Quality in Los Angeles County ." The report determined that the urban runoff programs required by the updated MS4 permit are so complex and costly that jurisdictions cannot follow a single funding strategy. The report included organizational and policy recommendations, including codifying language to authorize the Sanitation Distr ic ts of Los Angeles County to manage stormwater and dry weather urban runoff management projects . ANALYSIS: The requirements of the updated MS4 permit issued in 2012 are considerably more complex than the previous MS4 permit requirements . The requirements address stormwater runoff and notab ly prohibit discharge of dry weather runoff (e.g . irri gation runoff) into storm drains . The cost to cities for complying w ith the MS4 perm it is expected to be in the billions of dollars . To provide assistance and help alleviate some of the financial burden to municipalities, legislation is being proposed in the State Senate (Senate Bill 485) that will grant the Sanitation Districts of Los Angeles County the ability to manage stormwater and dry weather runoff management projects (Attachment "B"). The Sanitation Districts are a group of 24 special districts created by statute to provide wastewater and solid waste management. Under the proposed legislation , the d istricts would have the authority to acquire , construct , operate , maintain , and furnish facil ities for the following purposes : • Diverting stormwater and dry weather runoff from the stormwater drainage system ; • Managing and treating stormwater and dry weather runoff; • Discharging water into the storm drainage system or receiving waters ; and • The beneficial use of water. The Orange County Sanitation District already has this authority , and this legislation would extend the authority to the Sanitation Districts of Los Angeles County. It would be exercised on a case-by-case basis , and would be a cost-effective means of achieving compliance with the municipal stormwater requireme nts . The Los Angeles Div isi on of the League of California Citie s and the California Contract Cit ies Associat ion have both expressed their support for the legislation. City Council April 7 , 2015 Page 3 of 3 CONCLUSION: As the City moves forward with im plementation of the new MS4 permit, the City will face significant costs to impl ement the new requirements . Senate Bill 485 is a means to red uc e these cos ts . Fo r this reaso n , staff recomme nd s that the City Council adopt Reso lution No .15 -5 075 , supporting the County Sanitation District Act (Senate Bill 485), to provide the Sanitation Districts of Los Angeles County the autho rity to manage stormwater and dry w eather projects . If approved by the City Council , t he City Manager will send a le tter stating the City 's support for the legislation (Attachment "C"). FISCAL IMPACT: The recommended action presents no fiscal impact to the Fiscal Year (F Y) 2014-15 City Budg et. Ho wever, if Senate Bill 485 passes , the Sanitation Districts would have authority to acquire, construct, operate, mainta in, and furnish facilities for stormwater and dry weather urban runoff projects . This could he l p to al levi ate some of the City's expected signi fica nt future costs of co mpliance with the MS4 permit requirements. ATTACHMENTS: A. Resolut io n No .15-5075 B. SB 485 Fact Sheet and Legislation C . Letter of Support for SB 485 ATTACHMENT A RESOLUTION NO. 15-5075 A RESOLU T ION OF THE CI T Y COUNCIL OF T HE CITY OF TE MPLE CITY, CALIFORN IA, SUP PORTING THE COUNTY SANITATION DISTRICT ACT (SENATE BILL 485). WHEREAS , the Reg ion al Water Quality Control Board , Los Angeles Region adopted National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Order No . R4-2012- 0 175 (MS4 Permit); a nd WHEREAS , the MS4 Perm it became effective on December 28, 2012 and requ ires that cities within the County of Los Angeles comply with the prescribed eleme nts of the MS4 Perm it; and WHEREAS, the Los Ange les Division of the League of Californ ia Cities and the Ca li forn ia Contract Cities Association issued a repo rt entitled "Stormwater Fund ing Options , Prov iding Susta inable Water Quality in Los Angeles County", findin g that funding the urban runoff programs requ ired by the new MS4 perm it is so complex and costly that jurisdi ct io ns cannot follow a sing le funding strategy ; and WHEREAS , the Lo s Angeles Divi s ion of the League of Californ ia Cities and the Californ ia Con tra ct Cities Association has made organ izational and pol icy recommendat ions , in cl ud ing codifyi ng language to author ize the San itation Districts of Los Angeles County to manage stor mwater and dry weather runoff management projects; and WHEREAS , the passage of Senate Bill 485 will help to reduce the significant cos ts of compliance with th e new MS4 permit by authorizi ng the sa nitati on dist ricts to manag e stormwater and dry weather runoff management projects ; NOW, THEREFORE, BE IT RESOLVED that by the adoption of this resolution , the City of T emple City provides its sup port for the passage of Se nate Bill 485. PASSED, APPROVED AND ADOPTED this J'h day of April2015 MAYO R ATTEST: APPROVED AS TO FORM : CITY C LE RK CITY ATTORNE Y I, City Clerk of the City of Temple City, here by certify that the fore go in g resolution , Resolutio n No . 15-5075 was duly ado pted by the City Council of th e City of Temple City at a regular meeti ng held on the 7th day of Ap r il, 2015 , by the followi ng vote : AYES : NOES: ABSENT: ABSTAIN : Councilmembe r - Councilmember - Councilmember- Councilm e mber - City Clerk ATTACHMENT 8 ~ SANITATION DISTRICTS OF LOS ANGELES COUNTY ~ 2015 Legislati ve Proposal Stormwater Management Authority for the San itation Districts of Los Angeles County Summary : Allow the Sa ni ta tio n Districts of Lo s Angeles County to assis t loca l jurisdictions in Los Angeles County in stormwater and dry weather runoff management projects. Current Law: The Sanitation Di stricts of Lo s Ange les County (Di st ricts) are organized pu rsua nt t o the Coun t y Sa nitation District Act, Hea lt h and Safety Code Section 4700 et seq, and are authorized unde r statute to manage wastewater and solid waste (Sections 4741 and 4741.1). Curren t law does not grant authority to the Districts to ma nage stormwater. The on ly County Sanitation Di strict with authority to manage stormwater is the Orange County San itation District (H&S Code Sectio n 4730 .66). Background and Rationale: Th e Districts are a group of 24 spe cial districts crea t ed in the 1920s by statute for the express purpose of wastewater management. In 1957, the statute was amended to aut ho ri ze sol id waste management by county sanitation districts. Each district is governed by a board of directors com pri sed of the pres iding officers of eac h j u risdiction in the service area. I n Lo s Angeles County, all county sa nitation districts share one staff, re su lting in efficient, cos t effect ive regional opera tions. The Districts are one of the largest producers of recycled wa t er in th e st ate . Beginning in 1991, the Los Angeles Reg ion al Water Quality Con trol Board imposed requirements via permit on local jurisdictions' municipal se parate stormwater system ("MS4 "). The req u irements we re g rad ually increase d in severa l subse quent perm it re newals, cu lm inating in the most recent permit adopted in December 2012 . Compliance with the MS4 permit requ irement s have be en estimated to cost billions of dollars. The requireme nts not only address stormwater but also proh ibit discharge of dry weather run off (such as over-irrigation). While the Districts do ha ve authorit y to accept dry weather runoff into the sewer system as "wastewater'', the Di stricts are seeking to codify that aut hority an d to obtain new authority to manage stormwater to co st effective ly aid ju r isdictions in comp lying w ith their stormwater- related regulatory requirem en t s. Proj ects would be de t ermined on a case-by-case basis in conjunction wit h local jurisdictions within our service area. Benefits: Co st effective f lexi bility to ac hi eve com pliance with municipal stormwater requirements and potential increase in r ecycled water supp li es through co llaboration among existing local agencies in Los Angeles Cou nty. Proposed Language: The proposed leg islation would be specific to the Sanitation Districts of Los Angeles County and is similar to statutory language in Hea lth and Safety Code Section 4730.66, chaptered in 2002, w hi ch only applies to the Orange Co unty Sanitation District. The language wou ld supplem ent the ex isti ng powers of the Di stricts and would allow eac h District to acquire, construct, operate, maintain, and fu rni sh fa cilities for all or any of the following purpose s: • Diver sion of sto rmwater a nd dry wea th er runoff from the stormwat er dra in age sys tem; • Manageme nt and treatment of st ormwater and dry weather runoff; • Discharge of the water to the sto r mwater drainage sys tem or receiving wa ters; and • Th e be nefi cial use of the wate r. For more informati on , contact Sharon Green at sgreen@lacsd .org or (562) 908-4 288, x2503. SENATE BILL No . 485 Introduced by Senator Hernandez (Coauthor: Senator Liu) (Coauthors: Assembly Members Cri stina Garcia and Rendon) Februa ry 26, 20 15 An act to add Section 4730.68 to the Health and Safety Code, relating to public sanitatio n. Ll!G ISLATIVB COUNSBL'S D IG BST SB 485, as introduced, Hernandez. County of Los Angeles: sanit ati on districts. The County Sanitation Di stric t Act aut horizes a sani tati on district to ac quir e, construct, and complete certain works, property, or structures nec essary or co nvenient for sewage co lle ction, treatment , and di sposal. This bill wo uld auth ori ze specifie~ sani tation di str icts in the County of Los Angeles , to acquire, construct, operate, maintain , and furni sh faci lities for the diversion, management, and tr ea tm ent of stormwater and dry wea th er runoff, the discha rge of the water to the stormwater drainage system, an d the benefic ial use of th e water. This bill wou ld make legi sla ti ve findings and dec larati ons 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 Sta te of California do enact as follows: I SECTION 1, The Legislatu re here by finds and declares all of 2 the fo llo win g: 3 (a) The co unty sanitation di stricts of Lo s Angeles County 4 (sanita ti on di stri cts) were es tab li shed in 1923 under th e Co unty 99 r SB48S -2- 1 Sanitation District Act (Chapter 3 (commencing with Section 4 700) 2 of Part 3 of Division 5 of the Health and Safety Code). 3 (b) The sanitation districts provide regional solid waste 4 management and wastewater collection and treatment services for 5 5.5 million people in 78 cities. and unincorporated communities. 6 (c) Eighty-four cities in Los Angeles County, the Los Angeles 7 County Flood Control District, and Los Angeles County 8 unincorporated areas are all regulated under a permit for the 9 Municipal Separate Storm Sewer System (MS4), the most recent 10 of which was adopted by the California Regional Water Quality 11 Control Board, Los Angeles Region, in December 2012. 12 (d) The City of Long Beach is regulated under its own permit 13 for its MS4, the most recent of which was adopted by the regional 14 board in February 2014 . 15 (e) The MS4 is a large interconnected system that encompasses 16 over 3,000 square miles, and is contr.o lled in large part by the Los 17 Angeles County Flood Control District and used by multiple cities 18 along with Los Angeles County. 19 (f) The Los Angeles County Flood Control District is primarily 20 focused on opera tion and maintenance of the larger, downstream 21 MS4 infrastructure into which the smaller, upstream city MS4 22 infrastructure discharges. 23 (g) This extensive system conveys stormwater and 24 non -s tormwater across municipal boundaries where it is 25 co mmingl ed within the MS4 and then discharged to receiving 26 wa ter bodies, such as the Los Angeles River and San Gabriel River. 27 (h) It will be necessary for the citi es, Los Angeles County Flood 28 Control District, and Los Angeles County to spend millions of 29 dollars per year to comply with the Los Angeles Region MS4 30 permits. 31 (i) The Los Angeles Region MS4 permits prohibit th e discharge 32 of non-stormwater discharges to MS4 (unless au th orized under 33 another permit or specifically exempted from the MS4 permit), 34 and one management technique that can be effective in cleaning 35 up non-stormwater discharges is to divert dry weather runoff into 36 th e sanitary sewe r system, if sewer and treatment plant capac ity 37 are available and other regulatory requirements are met. 38 (j) Many of the cities , the Los Angeles County Flood Control 39 District, and Los Angeles County are preparing waters hed 40 management plans and enhanced watershed management plans in 99 -3-SB485 1 order to identify storm water and dry weather urban runoff projects 2 and activities that will bring the MS4 under their jurisdiction into 3 compliance with the Los Angeles Region MS4 permits . 4 (k) The presiding officers of the cities and the Chairman of the 5 County Board of Supervisors serve as members of the boards of 6 directors of the sanitation districts . · 7 (l) The administrative board of directors of the sanitation 8 districts formally requested that the Sanitation Districts seek the 9 authority to use its civil engineering and water quality expertise 10 to help the cities and county manage stormwater and dry weather 11 urban runoff in order to comply in an efficient and effective manner 12 with the Los Angeles Region MS4 permit. 13 (m) Because of the unique circumstances of the sanitation 14 districts and the Los Angeles Region MS4, special legislation is 15 necessary to augment the sanitation districts' powers under the 16 County Sanitation District Act. 17 SEC . 2. Section 4730.68 is added to the Health and Safety 18 Code, to read: 19 4730.68. (a) This section applies only to county sanitation 20 district numbers 1, 2, 3, 4, 5, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21, 21 22, 23, 27, 28, 29, and 34 of Los Angeles County, Newhall Ranch 22 Sanitation District, South Bay Cities Sanitation District of Los 23 Angeles County, and Santa Clarita Valley Sanitation District of 24 Los Angeles County, and any new county sanitation district 25 subsequently formed in the County of Los Angeles. The powers 26 granted in this section supplement the existing powers of each 27 district. 28 (b) A district may acquire, construct, operate, maintain, and 29 furnish facilities for any of the following purposes: 30 (1) The diversion of stormwater and dry weather runoff from 31 the stormwater drainage system within the district. 32 (2) The management and treatment of the storm water and dry 33 weather runoff. 34 (3) The discharge of the water to the stormwater drainage system 35 or receiving waters. 36 (4) The beneficial use of the water. 37 (c) In order to carry out the powers and purposes granted under 38 this section, the district may exercise any of the powers otherwise 39 granted to a district by this chapter to the extent those powers may 40 be made applicable. 99 SB 485 -4- 1 (d) This section does not affect any obligation of a district to 2 obtain a pennit that may be required by law for the activities 3 undertaken pur suant to this section . 4 (e) For purposes of this section, "stonnwater" and "dry weather 5 runoff'' have the same meaning as in Section I 0561.5 of the Water 6 Code. 7 (f) Nothing in this section shall be construed to require any local 8 agency to participate, financially or otherwise, in a project pursued 9 under the authority granted by this sec tion. 10 (g) This section is not intend ed to alter any of the following : 11 ( 1) Existing water rights , including any adjudicated rights . 12 (2) Existing water rights law. 13 (3) Any rights, remedies, or obligations that may ex ist pursuant 14 to Article .1 (commencing with Section 1200) of Article 1.5 15 (commencing with Section 121 0) of Chapter 1 of Part 2 ofDivision 16 2 of the Water Code, or Chapter 8.5 (commencing with Section 17 1501) of Part 1 of Division 1 of the Public Utiliti es Code. 18 SEC . 3. The Legislature finds and declares that a special law 19 is necessary and that a general law cannot be made applicable 20 within the meaning of Section 16 of Article IV of the California 21 Constitution because of the unique ·circumstances of the County 22 Sanitation Districts of Los Angeles County. 0 99 r f f STATE CAPITOL ROOM 2080 SACRAMENTO. CA 11~1 4 TtL 1016) 6!11 ·<&022 f.U 11116) 6!11 ·~022 Purpose illal ifornht ~tate ~enate SENATOR ED HERNANDEZ, O .D . TWENTY-SECOND SENATE DISTRICT • t . .. SB 485 (Hernandez) Los Angeles County Sanitation Districts: Stormwa ter Authority 100 S VINCENT AVENUE SUITE 401 WEST COVINA, CA 1117110 TlL (626100·2490 f.U 111281430·2404 SB 485 would provide co st-effective flexibility to achieve com pliance with municipal stormw ater requiremen ts through collaboration among ex ist in g local agencies in Los Angeles County . Backaround The Sanitation Di stricts of Los Angeles County (LACS D) are organized pursuant to the County Sanitation District Act and are authorized unde r statute to manage wastewater and so lid waste. Current law does not grant authority to LACSD to manage sto rmwater. LACSD is a group of24 special districts created in the 192 0s by statute for the express purpose of wastewate r management. In 1957 , the statute was amended to authorize so lid waste management by co un ty sa nitati on di stricts. Each distri ct is governed by a board of directors co mprised of the presiding officer s of each jurisd icti on in the service area. In Los Angeles County, all county sa nit ation districts sha re one staff, res ulting in efficient, cos t effect ive regiona l opera ti ons. LACSD is one of the largest producers of recycled water in the state. Beginn ing in 1991 , the Los Angeles Regiona l Wate r Quality Contro l Board imposed requirements via permit on loc al jurisdictions' municipal se parate s torm water sys tem ("MS4"). The requ irem ents were gradua ll y increased in several sub sequent pennit renew als, culminatin g in the most rece nt per mit adopted in December 2012 . Compliance with the MS4 permit require ments have bee n es tima ted to cost billions of dollars . The requiremen ts not only address stormwa ter but also prohibit disc harge of dry weather runoff (such as over-irrigati on). While the Di stricts do have aut hority to acce pt dry weather runoff into the se wer sys tem as "wastewa ter", the Di strict s are see kin g to obtain new auth ority to man age sto rm wate r and dry weather urban runoff in standa lone projects to cost effective ly aid jurisdictions in co mplying with their sto rmwater-related regul ato ry requirements. Projects would be determin ed on a case-by-case basis in co njuncti on with local jurisdictions within our service area. This bill SB 485 would all ow the Sanitation Districts of Los Angeles Co unty to assist loca l jurisdictions in Los Angeles Co unty in stor mwater and dry weather run off managemen t projects. SB 485 would be specific to the Sanitation Di stri cts of Los Angeles Co unt y and is simil ar to statutory language in He al th and Safety Code Section 4730.66, chaptered in 2002, which only app lies to the Orange County Sani tation District. The language would supplement the existing powers of the Di stricts and would allow each Di str ict to ac qu ire, co nstru ct, operate, maintai n, and furni sh fac iliti es for all or any of the following purposes: " Diversion of storm water and dry weather runoff from the storm water drainage system; " Management and treatment of storm water and dry weather runoff; " Discharge of the water to the stormwater drainage system or receiving waters; and " The beneficial use of the water. The bill would also establish that juri sdictions are not required to participate in projects done pursuant to this authority and that nothing in this legislation is intended to change any existing or established water rights, adjudicated rights, or obligations under the Service Duplication Act. Contact Alex Norring I alex.norrin g@sen.ca.g oy I 916-651-4022 SB _(Hern and ez) Page 2 t I f ATTACHMENT C Apri l 7, 2 015 Senator Ed He rn a ndez Ca l ifo rnia State Senate State Capitol, Roo m 2 080 Sacra mento, CA 95814 V IA FAX: (916) 651-4922 RE: SB 485 (Hernandez) SUPPORT S tom1wate1·, County Sa nitation Districts of Los Angeles. Senato r He rn andez: The C ity of T e mp le C ity writes in s upp o rt of your S B 4 85, to a ll ow authority fo r th e Lo s Ange les Coun ty Sanita t io n Districts (LACSD) to manage s to rm water a nd dry weath er runoff. 8 485 is a helpfu l s te p for o ur city to comply w ith th e fe de ra l C lean Wate r Act a nd the Porter-Co logne Act; meet re quiremen ts und er the Los Angeles Regio na l Water Board's MS4 permit require me nt s; a nd im prove th e region's water s uppl y and qua li ty. Last year, the Los Ange le s Coun ty Division o f t he League o f Cal ifornia C iti es and the California Contract C it ies Associati on comple ted a thorough re port, "Stormwater Funding Options, Provi din g S ustainable W ater Quality in Los Ange les County." The report, s pearheaded by a Steer ing Committee of local e lecte d officia ls and c ity managers with co ll aborati o n from key s ta keho lders, dete rmin ed that fund in g urban run off progra ms is so complex and dy na mi c, a nd t he so luti o ns so costly , county a nd c iti es cannot fo ll ow a s ingle funding s trat egy. The joint rep01t in c lud e d o rgan izationa l a nd po lic y recommendat io ns to provide a dditio n a l resources for c iti es in th e ir efforts. O ne reco m mendatio n in c ludes cod ifY in g language to auth o ri ze t he Sanitation Di stricts of Los Angeles Coun ty to manage s to rm water a nd dry weather urban runoff. Authority to manage urban runoff was g ra nted to the O ran ge Cou nty Sanitation D is trict in 2002, which has proven to be a very successful tool to improve water qua l ity in O ra nge Co un ty. T he inte nt o f LAC SD is to purs ue stonn water a nd dry weath e r run off projects in re s pon se to req ue s ts by c iti es in o rd er to assist th ose cities in meeting th e ir stor mwater pe rmit require ments . Again, the City ofTem pl e C ity supports SB 485. Thank yo u aga in for leading th is effort to a ss ist loca l governments. S hou ld you have a ny qu esti ons, p lease conta ct Michael D. Forbes, Com munity Development Director. Si ncerely, C ity Manager City o f Temp le City CC: A ssembly Member A nth ony Rendon , Fax (9 16) 319-2158 Assembly Member Cri s ti na Garcia, Fax (9 16 ) 3 19-2 163 Sharon Green, Lo s Angeles County Sanitation Di s tri c ts, s green@lacs d .org Kri stine Guerrero, Lo s Angeles County Divi s ion , LOCC, Kg ue rrero @catities.org