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Home My WebLink About2011-04-26 - AGENDA REPORTS - STATE LEGISLATION AB 1058 (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT Agenda Item: 7 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: April 26, 2011 Casey Bingham STATE LEGISLATION: ASSEMBLY BILL 1058 City Manager's Office RECOMMENDED ACTION City Council support Assembly Bill 1058 (Smyth) and transmit statement of support to Assembly Member Smyth, the Santa Clarita Valley Sanitation District, appropriate Members of the California Legislature, Governor Brown, and the League of California Cities. BACKGROUND Under the Porter -Cologne Water Quality Control Act, the State Water Resources Control Board (SWRCB), and the nine California regional water quality control boards are the principal state agencies with responsibility for the coordination and control of water quality in the state. The nine regional boards are semi -autonomous and are comprised of nine part-time Board members appointed by the Governor and confirmed by the Senate. Within this regulatory structure, it is possible that each regional board create differing objectives for individual water contaminants. Santa Clarita Valley is under the jurisdiction of the Los Angeles Regional Water Quality Control Board (LARWQCB). In 1978, the LARWQCB established a 100 milligram per liter (mg/L) standard for chloride for the Santa Clara River to protect the agricultural supply use and to reflect the background water quality conditions at that time. Subsequently, in 1989, discharge permits were adopted for the Saugus and Valencia Water Reclamation Plants (WRPs) that included discharge limits for chloride at 100 mg/L, which were unattainable with the existing treatment system. In 2002, because the Santa Clara River was not attaining water quality standards, the LARWQCB, as required by the Clean Water Act, adopted a Chloride Total Maximum Daily Load (TMDL) prescribing a compliance schedule for the Saugus and Valencia WRPs to achieve a 100 mg/L 1=]ED discharge limit. To resolve the challenge of compliance with a chloride objective of 100 mg/L, the LARWQCB stated they would raise the objective to 117 mg/L, if the Santa Clarita Valley Sanitation District constructs new treatment infrastructure. The chloride objective is based upon the speculated impact of chlorides on salt sensitive crops grown downstream from Santa Clarita in Fillmore, Santa Paula, and Oxnard. This infrastructure would require Santa Clarita Valley taxpayers to pay for a new water treatment facility. Los Angeles County Sanitation Districts' (LACSD) estimated cost for a new water treatment facility is between $250 million and $500 million; the costs dependent upon the objective to be attained. The cost for construction of the new facility would be paid for by the Santa Clarita Valley Sanitation District ratepayers, potentially resulting in a quadrupling of rates from current levels. Although paid for by local ratepayers, the treatment plant would not provide any direct benefit to Santa Clarita Valley residents. In an effort to meet compliance objectives, the SCV Sanitation District and City of Santa Clarita co-sponsored landmark state legislation (SB 475, Chapter 393, Statutes of 2006) to enable the removal of self -regenerating water softeners throughout the SCV Sanitation District service area. Approximately one-third of the overall chloride found in the treated wastewater could be eliminated through the removal of these units, potentially reducing the need for a new treatment facility. Santa Clarita Valley residents passed Measure S in 2008, a referendum on an ordinance, passed by the SCV Sanitation District Board as authorized under SB 475, requiring the removal of all automatic water softeners in the Santa Clarita Valley. Despite the groundbreaking efforts by Santa Clarita Valley voters to eliminate automatic water softeners and reduce chloride levels in the Santa Clara River by 50 - 60 mg/L, the Regional Water Quality Control Board stated it was still not sufficient to bring the Saugus and Valencia WRPs into full compliance. On June 8, 2010, the City Council provided direction to the Councilmembers serving on the SCV Sanitation District Board that they direct sanitation district staff to develop a legislative strategy in response to the chloride TMDL. In response to the direction given by Council, staffs of the SCV Sanitation District and City of Santa Clarita have been working with Assembly Member Cameron Smyth to develop legislation which addresses local concerns. Additionally, in September 2010, Mayor McLean was able to secure support from the League of California Cities General Assembly for a resolution, which among other provisions, directs "the League of California Cities work with the applicable state and federal regulatory agencies through the League's policy making process, and the National League of Cities, to develop reasonably achievable, environmentally sound and cost-effective policy based on monitoring and sound science and addressing local water conditions and the fiscal condition of local government." Given the LARWQCB's willingness to raise the objective for chlorides from 100 mg/L to 117 mg/L under specified conditions, and the fact that other areas of California where strawberry and avocado crops are grown have significantly higher chloride objectives up to 50% higher than those established in the Santa Clarita Valley, indicates the lack of sound science and universally established parameters driving the development of chloride threshold limits. Assembly Bill 1058 seeks to eliminate the tremendous disparity between regions relative to 9 salinity management throughout California. The bill requires: • That on or before July 1, 2013, the State Water Resources Control Board will adopt a statewide statewide water quality objective and plan of implementation for levels of chloride. • Identify irrigation and cultivation practices that are available to mitigate chloride levels in water used to irrigate agricultural crops, and factor those practices into the level at which the water quality objective is set. • Identify plans to develop and use recycled water within the watersheds of the water bodies and set the water quality objective at a level that does not impede the expansion of recycled water use within those watersheds. • Identify water bodies in which the water quality object is not currently being attained. At the time this report was prepared, AB 1058 was scheduled for hearing on April 26, 2011, in the Assembly Environmental Safety and Toxic Materials Committee. ALTERNATIVE ACTIONS 1. Adopt a "neutral" position on Assembly Bill 1058. 2. Adopt an "oppose" position on Assembly Bill 1058. 3. Other direction as determined by the City Council. FISCAL IMPACT Activities associated with the City of Santa Clarita's support of AB 1058 are already accounted for in the City's FY 2010-11 Budget. No additional resources are needed to support this bill. ATTACHMENTS Assembly Bill 1058 3 AMENDED IN ASSEMBLY MARCH 31, 2011 CALIFORNIA LEGISLATURE -2011-12 REGULAR SESSION ASSEMBLY BILL No. 1058 Introduced by Assembly Member Smyth February 18, 2011 An act to amend Seetion 13971 o add Section 13149 to the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST AB 1058, as amended, Smyth. Clean Bond Law o f 1970. 970. Water quality: salinity: agricultural use. Under the Porter -Cologne Water Quality Control Act, the State Water Resources Control Board and the 9 California regional water quality control boards are the principal state agencies with responsibility for the coordination and control of water quality in the state. The act requires the state board to formulate and adopt state policies for water quality control, and requires the regional boards to adopt regional water quality control plans in compliance with the state policies. This bill would require the state board, on or before July 1, 2013, to adopt a statewide policy establishing a statewide water quality objective and plan of implementation for chloride and other measures of salinity that may affect the suitability of water used for agricultural purposes, in accordance with prescribed requirements. Existing lavt, the Gleaft 'A�tlef Bond Law oF 1970, a bond aet appfoved by the voters at the November �, 1970, statewide general , ..thof7zes the issuanee off bonds i the amount f $250,000,000, . b plans, surveys, , 98 L� AB 1058 —2— This 2— legislative findings and deelarations. Vote: majority. Appropriation: no. Fiscal committee: no -yes. State -mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1, Section 13149 is added to the Water Code, to 2 read.- 3 ead:3 13149. (a) On or before July 1, 2013, the state board, in 4 cooperation with the regional boards and other interested parties, 5 shall adopt a statewide policy establishing a statewide water 6 quality objective and plan of implementation for levels of chloride 7 and, to the extent that inconsistencies exist among regional water 8 quality control plans, other measures of salinity that may affect 9 the suitability of water used for agricultural purposes. The 10 statewide water quality objective and plan of implementation shall 11 apply to water bodies identified as suitable for present or probable 12 future direct or indirect use for irrigation of agricultural crops. 13 (b) In developing the statewide water quality objective for 14 chloride and other measures of salinity, the state board shall do 15 all of the following: 16 (1) Idents the water bodies to which the water quality objective 17 will apply. 18 (2) Idents the source of chloride and chloride levels in the 19 water supply for communities within the watersheds of the water 20 bodies identified pursuant to paragraph (1). 21 (3) Identify irrigation and cultivation practices that are available 22 to mitigate chloride levels in water used to irrigate agricultural 23 crops, and factor those practices into the level at which the water 24 quality objective is set. 25 (4) Idents plans to develop and use recycled water within the 26 watersheds of the water bodies identified pursuant to. paragraph .27 (1), and set the water quality objective at a level that does not 28 impede the expansion of recycled water use within those 29 watersheds. 30 (5) Idents water bodies in which the water quality objective 31 is not currently being attained. 98 5 AB 1058 I (c) The statewide policy adoptedpursuant to this section shall 2 be consistent with the federal Clean Water Act (33 U.S. C. Sec. 3 1251 et -. :: • 1397finds :• .people, • - y and 1 agfieititure, the enhaneement offish and wildlife, th;.Itt of reereationaland the provision of pure : - 12 at a reasonable eost, is an essetttial :.: 13. (b) 2kithough the State of Galifornitt is endowed with ::. :: I lakes and ponds, streants and rivers,and hundreds of miles Of. 15 shoreline, as well as large qu - :. • pollution,; 17 eheeked, will impede the state's eeono tity, and soeial 18 growth. • 1 :.: 21 have not met the demands for adequate waste treatment or the pollution beeattse ofinadequate fittaneial msottfee-s 23 and other responsibilities. 24 (d) inereasing population aeeompaniedby tteeelefating 25 urbanization,quality, 27 the state aets now, the needs may soat: beyond the means available • 1 ; reason of their elosettess to the pfoblem, 33 :. I ! 37 be beyond the ability of loeal ageneies to par, the state, to meet. 38 its responsibility : proteet and promote health, _ • _ : _ it+abitants : _ _ should _ :•i assist _ _ _ _ _ g. II The Federal govemment is eentributing: the eostof eontfol: 98 zz AB 1058 n 98 7