Section § 10560

Explanation

This section establishes the name of a specific part of the law: "The Stormwater Resource Planning Act."

This part shall be known and may be cited as “The Stormwater Resource Planning Act.”

Section § 10561

Explanation

This law highlights the importance of treating stormwater and dry weather runoff as valuable resources rather than problems. It stresses the need for better management through capture, treatment, and reuse, which can improve water quality, lessen local flooding, and boost water supplies. Current systems mainly move water away quickly, missing opportunities to capture it for beneficial uses. With changes in precipitation patterns, more rain is expected instead of snow, affecting how water is collected and stored. Proper design and management of these water sources can enhance local water supplies, support environmental goals, and offer social benefits such as more green spaces. However, careful planning is necessary to ensure water quality is not harmed. Utilizing stormwater is also cost-effective and energy-efficient.

The Legislature hereby finds and declares all of the following:
(a)CA Water Code § 10561(a) In many parts of the state stormwater and dry weather runoff are underutilized sources of surface water and groundwater supplies. Instead of being viewed as a resource, they are often seen as a problem that must be moved to the ocean as quickly as possible or as a source of contamination, contributing to a loss of usable water supplies and the pollution and impairment of rivers, lakes, streams, and coastal waters.
(b)CA Water Code § 10561(b) Improved management of stormwater and dry weather runoff, including capture, treatment, and reuse by using the natural functions of soils and plants, can improve water quality, reduce localized flooding, and increase water supplies for beneficial uses and the environment.
(c)CA Water Code § 10561(c) Most of California’s current stormwater drainage systems are designed to capture and convey water away from people and property rather than capturing that water for beneficial uses.
(d)CA Water Code § 10561(d) Historical patterns of precipitation are predicted to change and an increasing amount of California’s water is predicted to fall not as snow in the mountains, but as rain in other areas of the state. This will likely have a profound and transforming effect on California’s hydrologic cycle and much of that water will no longer be captured by California’s reservoirs, many of which are located to capture snow melt.
(e)CA Water Code § 10561(e) When properly designed and managed, the capture and use of stormwater and dry weather runoff can contribute significantly to local water supplies through onsite storage and use, or letting it infiltrate into the ground to recharge groundwater, either onsite or at regional facilities, thereby increasing available supplies of drinking water.
(f)CA Water Code § 10561(f) New developments and redevelopments should be designed to be consistent with low-impact development principles to improve the retention, use, and infiltration of stormwater and dry weather runoff onsite or at regional facilities.
(g)CA Water Code § 10561(g) Stormwater and dry weather runoff can be managed to achieve environmental and societal benefits such as wetland creation and restoration, riverside habitats, instream flows, and an increase in park and recreation lands, and urban green space.
(h)CA Water Code § 10561(h) Stormwater and dry weather runoff management through multiobjective projects can achieve additional benefits, including augmenting recreation opportunities for communities, increased tree canopy, reduced urban heat island effect, and improved air quality.
(i)CA Water Code § 10561(i) Proper planning and implementation is vital to ensure that the water supply and other benefits potentially available through better management of stormwater and dry weather runoff do not come at the expense of diminished water quality.
(j)CA Water Code § 10561(j) The capture and use of stormwater and dry weather runoff is not only one of the most cost-effective sources of new water supplies, it is a supply that can often be provided using significantly less energy than other sources of new water supplies.

Section § 10561.5

Explanation

This section of the law defines two key terms for understanding water-related regulations. 'Dry weather runoff' refers to water flow in areas like storm drains that comes from activities like irrigation or industrial use, rather than rain. 'Stormwater' is water runoff caused directly by storms, aligning with a federal definition.

Solely for the purposes of this part, and unless the context otherwise requires, the following definitions govern the construction of this part:
(a)CA Water Code § 10561.5(a) “Dry weather runoff” means surface waterflow and waterflow in storm drains, flood control channels, or other means of runoff conveyance produced by nonstormwater resulting from irrigation, residential, commercial, and industrial activities.
(b)CA Water Code § 10561.5(b) “Stormwater” means temporary surface water runoff and drainage generated by immediately preceding storms. This definition shall be interpreted consistent with the definition of “stormwater” in Section 122.26 of Title 40 of the Code of Federal Regulations.

Section § 10561.7

Explanation

This law states that a public entity, like a city government, can use captured stormwater from urban areas, if it's collected before it flows into natural channels, to enhance existing water supplies. This must be done following a stormwater resource plan. However, this law doesn't change any existing water rights or established water management plans. It also doesn't create any new groundwater pumping rights if they weren't already in place.

(a)CA Water Code § 10561.7(a) A public entity that captures stormwater from urban areas, in accordance with a stormwater resource plan, before the water reaches a natural channel shall be entitled to use the captured water to the extent that the water augments existing water supplies.
(b)CA Water Code § 10561.7(b) Nothing in this section shall be construed to do any of the following:
(1)CA Water Code § 10561.7(b)(1) Alter or impair any existing rights.
(2)CA Water Code § 10561.7(b)(2) Change existing water rights law.
(3)CA Water Code § 10561.7(b)(3) Interfere with, amend, or supersede any existing water rights adjudication or other legally mandated water management plan.
(4)CA Water Code § 10561.7(b)(4) Create a groundwater pumping right where a pumping right does not already exist.

Section § 10562

Explanation

This California law section outlines the guidelines for public agencies to develop a stormwater resource plan. A plan must be formulated on a watershed level and prioritize projects that capture and reuse stormwater and runoff to improve water supply, quality, and provide ecological and community benefits.

It must engage community participation and align with pollution and discharge permits. Public lands are prioritized for use in these projects. The plan should aim to enhance local water resources through techniques like groundwater recharge and promote the use of natural and open spaces for better water management.

Existing plans can be adapted to meet these criteria if they collectively satisfy the stated requirements. The plan must identify factors like pollution sources and opportunities for storage, requiring the creation of ordinances for effective implementation.

(a)CA Water Code § 10562(a) One or more public agencies may develop a stormwater resource plan pursuant to this part.
(b)CA Water Code § 10562(b)  A stormwater resource plan shall:
(1)CA Water Code § 10562(b)(1) Be developed on a watershed basis.
(2)CA Water Code § 10562(b)(2) Identify and prioritize stormwater and dry weather runoff capture projects for implementation in a quantitative manner, using a metrics-based and integrated evaluation and analysis of multiple benefits to maximize water supply, water quality, flood management, environmental, and other community benefits within the watershed.
(3)CA Water Code § 10562(b)(3) Provide for multiple benefit project design to maximize water supply, water quality, and environmental and other community benefits.
(4)CA Water Code § 10562(b)(4) Provide for community participation in plan development and implementation.
(5)CA Water Code § 10562(b)(5) Be consistent with, and assist in, compliance with total maximum daily load (TMDL) implementation plans and applicable national pollutant discharge elimination system (NPDES) permits.
(6)CA Water Code § 10562(b)(6) Be consistent with all applicable waste discharge permits.
(7)CA Water Code § 10562(b)(7) Upon development, be submitted to any applicable integrated regional water management group. Upon receipt, the integrated regional water management group shall incorporate the stormwater resource plan into its integrated regional water management plan.
(8)CA Water Code § 10562(b)(8) Prioritize the use of lands or easements in public ownership for stormwater and dry weather runoff projects.
(c)CA Water Code § 10562(c) The proposed or adopted plan shall meet the standards outlined in this section. The plan need not be referred to as a “stormwater resource plan.” Existing planning documents may be utilized as a functionally equivalent plan, including, but not limited to, watershed management plans, integrated resource plans, urban water management plans, or similar plans. If a planning document does not meet the standards of this section, a collection of local and regional plans may constitute a functional equivalent, if the plans collectively meet all of the requirements of this part.
(d)CA Water Code § 10562(d) An entity developing a stormwater resource plan shall identify in the plan all of the following:
(1)CA Water Code § 10562(d)(1) Opportunities to augment local water supply through groundwater recharge or storage for beneficial use of stormwater and dry weather runoff.
(2)CA Water Code § 10562(d)(2) Opportunities for source control for both pollution and stormwater and dry weather runoff volume, onsite and local infiltration, and use of stormwater and dry weather runoff.
(3)CA Water Code § 10562(d)(3) Projects to reestablish natural water drainage treatment and infiltration systems, or mimic natural system functions to the maximum extent feasible.
(4)CA Water Code § 10562(d)(4) Opportunities to develop, restore, or enhance habitat and open space through stormwater and dry weather runoff management, including wetlands, riverside habitats, parkways, and parks.
(5)CA Water Code § 10562(d)(5) Opportunities to use existing publicly owned lands and easements, including, but not limited to, parks, public open space, community gardens, farm and agricultural preserves, schoolsites, and government office buildings and complexes, to capture, clean, store, and use stormwater and dry weather runoff either onsite or offsite.
(6)CA Water Code § 10562(d)(6) Design criteria and best management practices to prevent stormwater and dry weather runoff pollution and increase effective stormwater and dry weather runoff management for new and upgraded infrastructure and residential, commercial, industrial, and public development. These design criteria and best management practices shall accomplish all of the following:
(A)CA Water Code § 10562(d)(6)(A) Reduce effective impermeability within a watershed by creating permeable surfaces and directing stormwater and dry weather runoff to permeable surfaces, retention basins, cisterns, and other storage for beneficial use.
(B)CA Water Code § 10562(d)(6)(B) Increase water storage for beneficial use through a variety of onsite storage techniques.
(C)CA Water Code § 10562(d)(6)(C) Increase groundwater supplies through infiltration, where appropriate and feasible.
(D)CA Water Code § 10562(d)(6)(D) Support low-impact development for new and upgraded infrastructure and development using low-impact techniques.
(7)CA Water Code § 10562(d)(7) Activities that generate or contribute to the pollution of stormwater or dry weather runoff, or that impair the effective beneficial use of stormwater or dry weather runoff.
(8)CA Water Code § 10562(d)(8) Projects and programs to ensure the effective implementation of the stormwater resource plan pursuant to this part and achieve multiple benefits. These projects and programs shall include the development of appropriate decision support tools and the data necessary to use the decision support tools.
(9)CA Water Code § 10562(d)(9) Ordinances or other mechanisms necessary to ensure the effective implementation of the stormwater resource plan pursuant to this part.
(e)CA Water Code § 10562(e) A stormwater resource plan shall use measurable factors to identify, quantify, and prioritize potential stormwater and dry weather runoff capture projects.

Section § 10563

Explanation

This law section makes it clear that it doesn't interfere with public agencies doing their jobs or affect any existing legal requirements. If you want grants for projects that capture stormwater or runoff, you'll need to develop a stormwater resource plan under a requirement from bond acts approved post-January 1, 2014. However, this doesn't apply to funds meant for creating these plans or grants given to small disadvantaged communities with certain conditions.

(a)CA Water Code § 10563(a) This part does not interfere with or prevent the exercise of authority by a public agency to carry out its programs, projects, or responsibilities.
(b)CA Water Code § 10563(b) This part does not affect requirements imposed under any other law.
(c)Copy CA Water Code § 10563(c)
(1)Copy CA Water Code § 10563(c)(1) The development of a stormwater resource plan and compliance with this part in accordance with Section 10565 shall be required to receive grants for stormwater and dry weather runoff capture projects from a bond act approved by the voters after January 1, 2014.
(2)CA Water Code § 10563(c)(2) This subdivision does not apply to either of the following:
(A)CA Water Code § 10563(c)(2)(A) Funds provided for the purpose of developing a stormwater resource plan.
(B)CA Water Code § 10563(c)(2)(B) A grant for a disadvantaged community, as defined in Section 79505.5, with a population of 20,000 or less, and that is not a copermittee for a municipal separate stormwater system national pollutant discharge elimination system (NPDES) permit issued to a municipality with a population greater than 20,000.

Section § 10564

Explanation

This law defines 'low-impact development' as projects that use natural or built features to manage stormwater. These projects aim to slow down stormwater runoff, remove pollutants, store stormwater on-site, let it soak into the ground to replenish groundwater, and enhance the quality of the water that flows into nearby groundwater and surface water sources.

For purposes of this part, “low-impact development” means new development or redevelopment projects that employ natural and constructed features that reduce the rate of stormwater runoff, filter out pollutants, facilitate stormwater storage onsite, infiltrate stormwater into the ground to replenish groundwater supplies, or improve the quality of receiving groundwater and surface water.

Section § 10565

Explanation

This law requires that by July 1, 2016, a board must provide guidance for developing plans related to managing stormwater. This includes consulting with local agencies and organizations, identifying methods for prioritizing stormwater projects, and determining the right size for watershed planning. The board can also include any other guidance it finds necessary to meet the goals of managing stormwater resources effectively.

By July 1, 2016, the board shall establish guidance for this part that shall include, but is not limited to, the following:
(a)CA Water Code § 10565(a) Identifying types of local agencies and nongovernmental organizations that need to be consulted in developing a stormwater resource plan.
(b)CA Water Code § 10565(b) Defining appropriate quantitative methods for identifying and prioritizing opportunities for stormwater and dry weather runoff capture projects.
(c)CA Water Code § 10565(c) Defining the appropriate geographic scale of watersheds for stormwater resource planning.
(d)CA Water Code § 10565(d) Other guidance the board deems appropriate to achieve the objectives of this part.