CC SR 20150915 E - Letter Supporting Senate Bill No. 485 (SB 485)MEMORANDUM
RAI`ICHO PALOS VERDES
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: KIT FOX, AICP, SENIOR ADMINISTRATIVE ANALYS
DATE: SEPTEMBER 15, 2015 &1
SUBJECT: LETTER SUPPORTING SENATE BILL NO. 485 (SB 485)
REGARDING THE SANITATION DISTRICTS OF LOS
ANGELES COUNTY
REVIEWED BY: DOUG WILLMORE, CITY MANAGER
RECOMMENDATION
Authorize the Mayor to sign a letter to Governor Brown supporting Senate Bill No. 485
(SB 485) regarding the Sanitation Districts of Los Angeles County.
EXECUTIVE SUMMARY
The City Council has previously supported SB 485. Now that the bill has reached the
governor's desk, the Sanitation Districts are asking cities for additional letters of support
to ensure that it is signed into law.
FISCAL IMPACT
There is no fiscal impact associated with authorizing the Mayor to sign a letter supporting
SB 485. However, if SB 485 is signed into law, it may provide substantial savings to the
City with respect to compliance with the Los Angeles region's municipal stormwater (i.e.,
MS4) permit requirements.
BACKGROUND
In 2014, the Los Angeles County Division of the League of California Cities (League) and
the California Contract Cities Association (CCCA) completed a study of stormwater
funding options for Los Angeles County. This study concluded that funding urban runoff
programs is so complex and dynamic, and the solutions so costly, that the County and
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MEMORANDUM: Letter Supporting SB 485
September 15, 2015
Page 2
cities cannot follow a single funding strategy. The study included organizational and
policy recommendations to provide additional resources for cities in their efforts, including
codifying language to authorize the Los Angeles County Sanitation Districts (LACSD) to
manage stormwater and dry weather urban runoff. Authority to manage urban runoff was
granted to the Orange County Sanitation District in 2002, which has proven to be a very
successful tool to improve water quality in Orange County. The intent of LACSD is to
pursue stormwater and dry weather runoff projects in response to requests by cities in
order to assist those cities in meeting their stormwater permit requirements.
In February 2015, 22nd District State Senator Ed Hernandez (West Covina) introduced
SB 485, which would effectuate the recommendations of the League/CCCA study. SB
485 was recently approved by both the State Senate and State Assembly, and now awaits
final action by Governor Brown. LACSD is seeking letters to the governor in support for
SB 485, and Mayor Knight has asked Staff to agenize this matter for City Council
consideration on tonight's agenda.
DISCUSSION
The City of Rancho Palos Verdes is a member of Sanitation District No. 5 of Los Angeles
County and the South Bay Cities Sanitation District. SB 485, which would include both
District No. 5 and South Bay Cities, would authorize the Sanitation Districts of Los
Angeles County to manage stormwater and dry weather urban runoff. SB 485 would
provide another option or tool to assist cities in meeting the requirements of the MS4
permit.
Most of the cities in Los Angeles County, the County itself and the County Flood Control
District are charged in the MS4 permit with implementing new best management practices
(BMPs) and water quality projects that will meet the requirements of 33 Total Maximum
Daily Loads (TMDLs), which is expected to cost millions of dollars per year. The
challenges posed by these requirements were analyzed in the League/CCCA study in
2014. The study recommended, among other things, that the Sanitation Districts' statute
be changed to authorize them to assist the cities in managing stormwater and dry weather
urban runoff. This change will allow the Sanitation Districts to use its civil engineering
and water quality expertise to help the cities and County comply in an efficient and
effective manner with the Los Angeles Region municipal stormwater permit.
The City Council previously sent a similar letter in support of SB 485 to Senator
Hernandez in April 2015. Sending another letter asking Governor Brown to sign this bill
would be consistent with this previous action.
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MEMORANDUM: Letter Supporting SB 485
September 15, 2015
Page 3
CONCLUSION
In conclusion, Staff recommends that the City Council authorize the Mayor to sign a letter
to the governor supporting SB 485.
ALTERNATIVES
In addition to the Staff recommendation, the following alternative actions are available for
the City Council's consideration:
Do not authorize the Mayor to sign the support letter for SB 485. There is no known
opposition to the bill as currently drafted.
Attachments:
• Draft letter supporting SB 485 (Hernandez) (page 4)
• Letter from LACSD requesting support for SB 485 (page 5)
MALegislative Issues\SB 485 (Hernandez)\20150915_StaffRpt_CC.docx
0
September 15, 2015
VIA FAX: (916) 558-3177
The Honorable Jerry Brown
Governor, State of California
State Capitol, First Floor
Sacramento, CA 95814
Dear Governor Brown:
SB 485: County of Los Angeles: Sanitation
Request for Signature
On behalf of the City of Rancho Palos Verdes, I am writing in support of SB 485, which would authorize
the Sanitation Districts of Los Angeles County to manage stormwater and dry weather urban runoff. Rancho
Palos Verdes is a member of Sanitation District No. 5 of Los Angeles County and the South Bay Cities
Sanitation District. SB 485 would provide another option or tool to assist cities in meeting the requirements
of the Los Angeles Region's municipal stormwater permit.
Most of the cities in Los Angeles County, the. County and the Flood Control District are charged in the
municipal stormwater permit with implementing new best management practices and water quality projects
that will meet the requirements of 33 Total Maximum Daily Loads (TMDLs), which is expected to cost
millions of dollars per year. The challenges posed by these requirements were analyzed in a recent report
completed by the Los Angeles County Division of the League of California Cities and the California
Contract Cities Association. The report also recommended, among other things, that the Sanitation
Districts' statute be changed to authorize them to assist the cities in managing stormwater and dry weather
urban runoff. This change would provide an option for the cities in the Sanitation Districts' service area to
use its civil engineering and water quality expertise�to support compliance with the Los Angeles Region
municipal stormwater permit.
For these reasons, we are pleased to, support this important legislation and urge you to sign SB 485 into
law. If you have any questions, please. contact Senior Administrative Analyst Kit Fox at (310) 544-5226 or
kitf@rpvca.gov.
Sincerely,
Jim Knight
Mayor
cc: Senator Ed Hernandez, FAX (916) 651-4922
Martha Guzman-Aceves, Deputy Legislative Secretary, Governor's Office, Martha.Guzman-
Aceves@GOV.CA.GOV
Sharon Green, Sanitation Districts of Los Angeles County, sgreen@lacsd.org
Kristine Guerrero, Los Angeles County Division, LOCC, kguerrero@cacities.org
0
WATER
RECLAMATION
SOLID WASTE MANAGEMENT
COUNTY SANITATION DISTRICTS
OF LOS ANGELES COUNTY
1955 Workman Mill Road, Whittier, CA 90601-1400
Mailing Address: P.O. Box 4998, Whittier, CA 90607-4998
Telephone: (562) 699-7411, FAX: (562) 699-5422
www.lacsd.org
Boards of Directors
County Sanitation Districts
of Los Angeles County
Dear Directors:
GRACE ROBINSON HYDE
Chief Engineer and General Manager
September 2, 2015
Senate Bill 485 (Senator Ed Hernandez, Co-authors: Senator Carol Liu, and Assemblymembers
Christina Garcia, Mike Gatto and Anthony Rendon) - County of Los Angeles: Sanitation Districts
I am writing to update you on the status of SB 485 by Senator Ed Hernandez, which would
provide the Sanitation Districts with the authority to assist local jurisdictions with stormwater and urban
runoff projects. I am pleased to report that SB 485 was passed by the Assembly and concurred in by the
Senate on unanimous votes this week, and it is now headed to Governor Jerry Brown for signature. There
were amendments to the bill this summer that clarify the bill's findings and the provisions pertaining to
consultation with other agencies and about water rights. This letter includes a copy of the final bill
language for your information.
I greatly appreciate the support that cities have provided throughout the process, and I
respectfully ask for your assistance once more by sending a letter of support to the Governor. A sample
letter of support to Governor Brown is attached for your consideration, and the sample letter and other
materials can also be found on our website at www.lacsd.org/sb485.
Please contact me or Ms. Sharon Green, Legislative & Regulatory Liaison, if you have any
questions or need more information.
Very truly yours,
A4,a, 2 . PI-17O(L-,
Grace Robinson Hyde
GRH:ksc
Enclosures
cc: City Managers/Administrators
Department of Public Works, Directors
DOC #3437451 C
Recycled Paper W
DATE
The Honorable Jerry Brown
Governor, State of California
State Capitol, First Floor
Sacramento, CA 95814
Dear Governor Brown:
SAMPLE SUPPORT LETTER
VIA FAX: (916) 558-3177
SB 485: County of Los Anaeles: Sanitation Districts: Request for Shinature
On behalf of the City of {fill in}, I am writing in support of SB 485, which would authorize the
Sanitation Districts of Los Angeles County to manage stormwater and dry weather urban runoff. {Name
of City} is a member of Sanitation District No. {xx} of Los Angeles County. SB 485 would provide
another option or tool to assist cities in meeting the requirements of the Los Angeles Region's municipal
stormwater permit.
Most of the cities in Los Angeles County, the County and the Flood Control District are charged
in the municipal stormwater permit with implementing new best management practices and water quality
projects that will meet the requirements of 33 Total Maximum Daily Loads (TMDLs), which is expected
to cost millions of dollars per year. The challenges posed by these requirements were analyzed in a recent
report completed by the Los Angeles County Division of the League of California Cities and the
California Contract Cities Association. The report also recommended, among other things, that the
Sanitation Districts' statute be changed to authorize them to assist the cities in managing stormwater and
dry weather urban runoff. This change would provide an option for the cities in the Sanitation Districts'
service area to use its civil engineering and water quality expertise to support compliance with the Los
Angeles Region municipal stormwater permit.
For these reasons, we are pleased to support this important legislation and urge you to sign SB
485 into law. If you have any questions, please contact {fill in).
Sincerely,
City Name
cc: Senator Ed Hernandez, FAX (916) 651-4922
Martha Guzman-Aceves, Deputy Legislative Secretary, Governor's Office,
Martha.Guzman-Aceves(2GOV.CA.GOV
Sharon Green, Sanitation Districts of Los Angeles County, sgreen@lacsd.org
Kristine Guerrero, Los Angeles County Division, LOCC, k uerrero ,cacities.org
DOC #3437451 6
Senate Bill No. 485
Passed the Senate September 1, 2015
Secretary of the Senate
Passed the Assembly August 31, 2015
Chief Clerk of the Assembly
This bill was received by the Governor this day
of , 2015, at o'clock M.
Private Secretary of the Governor
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SB 485 —2
CHAPTER
An act to add Section 4730.68 to the Health and Safety Code,
relating to public sanitation.
LEGISLATIVE COUNSEL'S DIGEST
SB 485, Hernandez. County of Los Angeles: sanitation districts.
The County Sanitation District Act authorizes a sanitation district
to acquire, construct, and complete certain works, property, or
structures necessary or convenient for sewage collection, treatment,
and disposal.
This bill would authorize specified sanitation districts in the
County of Los Angeles to acquire, construct, operate, maintain,
and furnish facilities for the diversion, management, and treatment
of stormwater and dry weather runoff, the discharge of the water
to the stormwater drainage system, and the beneficial use of the
water. The bill would require a district to consult with the Los
Angeles County Flood Control District and the relevant
watermaster or water replenishment district prior to initiating a
stormwater or dry weather runoff program within the boundaries
of an adjudicated groundwater basin or within the service area of
a water replenishment district, as applicable. The bill would make
related changes.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Los Angeles.
The people of the State of California do enact as follows:
SECTION 1. The Legislature hereby finds and declares all of
the following:
(a) The county sanitation districts of Los Angeles County
(sanitation districts) were established in 1923 under the County
Sanitation District Act (Chapter 3 (commencing with Section 4700)
of Part 3 of Division 5 of the Health and Safety Code).
(b) The sanitation districts provide regional solid waste
management and wastewater collection and treatment services for
5.5 million people in 78 cities and unincorporated communities.
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(c) Eighty-four cities in Los Angeles County, the Los Angeles
County Flood Control District, and Los Angeles County
unincorporated areas are all regulated under a permit for the
Municipal Separate Storm Sewer System (MS4), the most recent
of which was adopted by the California Regional Water Quality
Control Board, Los Angeles Region, in December 2012.
(d) The City of Long Beach is regulated under its own permit
for its MS4, the most recent of which was adopted by the regional
board in February 2014.
(e) The MS4 is a large, interconnected system that encompasses
over 3,000 square miles, and is operated and maintained in large
part by the Los Angeles County Flood Control District and used
by multiple cities along with Los Angeles County.
(f) The Los Angeles County Flood Control District is primarily
focused on operation and maintenance of the MS4 infrastructure
for the purposes of flood protection and water conservation.
(g) This extensive system conveys stormwater and
nonstormwater across municipal boundaries where it is
commingled within the MS4 and then discharged to receiving
water bodies, such as the Los Angeles River and San Gabriel River.
(h) It will be necessary for the cities, Los Angeles County Flood
Control District, and Los Angeles County to spend millions of
dollars per year to comply with the Los Angeles Region MS4
permits.
(i) The Los Angeles Region MS4 permit prohibits the discharge
of nonstormwater into the MS4, subject to specified exceptions,
and one management technique that can be effective in cleaning
up nonstormwater discharges is to divert dry weather runoff into
the sanitary sewer system, if sewer and treatment plant capacity
are available and other regulatory requirements are met.
0) Many of the cities, the Los Angeles County Flood Control
District, and Los Angeles County are preparing watershed
management plans and enhanced watershed management plans in
order to identify stormwater and dry weather urban runoff projects
and activities that will improve the water quality in the downstream
receiving water bodies.
(k) The presiding officers of the cities and the Chair of the Los
Angeles County Board of Supervisors serve as members of the
boards of directors of the sanitation districts.
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SB 485 — 4 —
(� The administrative board of directors of the sanitation
districts formally requested that the sanitation districts seek the
authority to use its civil engineering and water quality expertise
to help the cities and county manage stormwater and dry weather
urban runoff in order to comply with the Los Angeles Region MS4
permit in an efficient and effective manner.
(m) The Legislature does not intend for the sanitation districts'
activities related to the management and treatment of stormwater
and dry weather urban runoff to interfere with the existing water
management, flood protection, groundwater replenishment, or
water conservation activities of other local or regional agencies.
(n) Because of the unique circumstances of the sanitation
districts and the Los Angeles Region MS4, special legislation is
necessary to augment the sanitation districts' powers under the
County Sanitation District Act.
SEC. 2. Section 4730.68 is added to the Health and Safety
Code, to read:
4730.68. (a) This section applies only to county sanitation
district numbers 1, 2, 3, 4, 5, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21,
22, 23, 27, 28, 29, and 34 of Los Angeles County, Newhall Ranch
Sanitation District of Los Angeles County, South Bay Cities
Sanitation District of Los Angeles County, and Santa Clarita Valley
Sanitation District of Los Angeles County. The powers granted in
this section supplement the existing powers of each district.
(b) A district may acquire, construct, operate, maintain, and
furnish facilities for any of the following purposes:
(1) The diversion of stormwater and dry weather runoff from
the stormwater drainage system within the district.
(2) The management and treatment of the stormwater and dry
weather runoff.
(3) The discharge of the water to the stormwater drainage system
or receiving waters.
(4) The beneficial use of the water.
(c) In order to carry out the powers and purposes granted under
this section, the district may exercise any of the powers otherwise
granted to a district by this chapter to the extent those powers may
be made applicable.
(d) (1) Prior to initiating a stormwater or dry weather runoff
program or project within the boundaries of an adjudicated
groundwater basin, a district shall consult with the relevant
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-5— SB 485
watermaster for a preliminary determination as to whether the
project is inconsistent with the adjudication. If the watermaster
deems the project to be inconsistent with the adjudication, the
watermaster shall recommend, in writing, the measures that are
necessary in order to conform the project to the adjudication.
(2) Prior to initiating a stormwater or dry weather runoff project
within the service area of a water replenishment district, a district
shall consult with the water replenishment district for the purpose
of avoiding potential conflicts with water replenishment activities.
(3) Prior to initiating a stormwater or dry weather runoff project,
a district shall consult with the Los Angeles County Flood Control
District for the purpose of avoiding potential conflicts with flood
protection and water conservation activities.
(e) This section does not affect any obligation of a district to
obtain a permit that may be required by law for the activities
undertaken pursuant to this section.
(f) For purposes of this section, "stormwater" and "dry weather
runoff' have the same meaning as in Section 10561.5 of the Water
Code.
(g) Nothing in this section shall be construed to require any
local agency to participate, financially or otherwise, in a project
pursued under the authority granted by this section.
(h) Nothing in this section shall be construed to alter or interfere
with any of the following:
(1) Existing water rights to water from any source, including
any adjudicated rights allocated by a court judgment or order,
including any physical solution, rights issued by the state or a state
agency, and rights acquired pursuant to any federal or state statute.
(2) Existing water rights law.
(3) Any rights, remedies, or obligations that may exist pursuant
to Article 1 (commencing with Section 1200) or Article 1.5
(commencing with Section 12 10) of Chapter 1 of Part 2 of Division
2 of the Water Code, Chapter 10 (commencing with Section 1700)
of Part 2 of Division 2 of the Water Code, or Chapter 8.5
(commencing with Section 1501) of Part 1 of Division 1 of the
Public Utilities Code.
SEC. 3. The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
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SB 485
Constitution because of the unique circumstances of the county
sanitation districts of Los Angeles County.
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Approved
2015
Governor
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