SB 499 would make a statement of legislative intent to amend the Porter-Cologne Water Quality Act and the California Coastal Act of 1976 to incorporate specific polluted runoff control measures recommended by the United States Environmental Protection Agency.
History and Sponsorship: This bill is sponsored by the Center for Marine Conservation and the Natural Resources Defense Council.
Existing Law: Section 6217 of the Coastal Zone Reathorization Amendments of 1990 (CZARA) requires California, through a partnership between the Coastal Commission and the State Water Resources Control Board, to prepare a Coastal Nonpoint Pollution Control Program (CNPCP).
This Bill: This bill would state that is the intent of the Legislature to amend the Porter-Cologne Water Quality Act (Division 7 (commencing with Section 13000) of the Water Code), including any provisions relating to nonpoint source pollution, the California Coastal Act of 1976 [Division 20 (commencing with Section 30000) of the Public Resources Code], and the California Coastal Management Program to incorporate specific polluted runoff control measures.
Discussion: Currently, this is a spot bill that contains general intent language pertaining to coastal nonpoint pollution. Staff is working with the author on proposed amendments to the bill. The following is a brief discussion of the federal mandate and the Commission’s response to that mandate.
Under CZARA Section 6217, the coastal management agencies and water quality management agencies of states with federally approved coastal management programs must jointly prepare the CNPCP. At the federal level, the U.S. Environmental Protection Agency (EPA) and the National Oceanic and Atmospheric Administration (NOAA) have joint authority to administer and approve each CNPCP. In 1992, the Commission and the SWRCB initiated a joint program to develop California’s CNPCP. In September 1995, the Commission and the SWRCB submitted the CNPCP to EPA and NOAA. The Commission held public hearings on the CNPCP on September 14, 1995 and October 11, 1995.
California’s CNPCP does not contain any new regulatory programs, but instead relies upon existing voluntary and regulatory programs being implemented at the state and local level. In order to satisfy the requirements of CZARA Section 6217, and obtain federal approval of the CNPCP, the state must:
1. show how the State will implement, through enforceable policies or mechanisms, management measures to control polluted runoff affecting California’s coastal zone;
2. identify land uses which individually or cumulatively may cause or contribute significantly to a degradation of coastal waters;
3. define Critical Coastal Areas (i.e., watersheds of threatened and impaired waterbodies where additional management measures are necessary), and identify and implement additional measures where necessary to achieve and maintain water quality standards;
4. provide technical assistance to local governments and the public to implement the management measures;
5. provide opportunities for public participation in the CNPCP development and implementation process;
6. establish mechanisms to improve coordination among state and local land and water use agencies; and
7. monitor management measure implementation.
In October 1996, the EPA and NOAA completed their review of California’s CNPCP and issued a copy of their draft conditional approval and draft findings which included deficiencies in the program that must be addressed. The Commission and SWRCB will submit a joint response to the Draft Findings and, after reviewing the State response and making any changes, EPA and NOAA will notice the Draft Findings and Environmental Assessment in the Federal Register.
Following a 30-day public comment period, the federal agencies will finalize the Findings and Environmental Assessment. The Commission and SWRCB will have three to five years to address the final federal conditions on the CNPCP or face significant program sanctions [i.e., potential loss of substantial federal funds for the Commission’s core coastal management program (Coastal Zone Management Act Section 306) and the SWRCB’s nonpoint source pollution control program (Clean Water Act Section 319).
The Commission is seeking funding in the Governor’s FY 1997-98 budget act to support an Environmental Specialist IV ($85,000) to work on the completion and implementation of the Coastal Nonpoint Pollution Control Program.
Staff recommends that the Commission SUPPORT SB 499. (Adopted 4/10/97)
For more information contact Jeff Stump, Legislative Coordinator, at (916) 445-6067.
Back to the Legislative Office