Municipal Wastewater Agencies - - CA Water

Section § 13910

This law highlights the importance of regional cooperation in improving water quality and ensuring sustainable water supplies in California. It emphasizes the potential of stormwater capture and treatment as innovative methods for enhancing water quality, provided it is economically viable. The section suggests that municipal wastewater agencies, with their existing infrastructure, could play a crucial role in achieving the state's water goals. However, these agencies might need explicit legal authority to engage in new projects. The law advocates for allowing wastewater agencies to enter into voluntary agreements for future stormwater projects, which would improve water quality and efficiently use public infrastructure.

The Legislature finds and declares all of the following:

(a) Fostering regional cooperative efforts to improve water quality and local sustainable water supply is fundamental for developing California’s 21st century water portfolio.

(b) Stormwater capture, treatment, and use as a water supply is increasingly viewed as an innovative opportunity to improve water quality where it is viable and economically feasible.

(c) Municipal wastewater agencies have existing infrastructure, capacity, and expertise that could be used to assist in meeting the state’s water quality and water supply goals when circumstances allow, while allowing wastewater agencies to still meet their primary goals of meeting water quality requirements for wastewater discharge and avoiding sanitary sewer overflows. However, in some circumstances municipal wastewater agencies may need explicit legislative authority before they can pursue certain types of projects.

(d) In order to promote regional interagency cooperation, improve the quality of the waters of the state, and make efficient use of publicly owned infrastructure, it would be beneficial if municipal wastewater agencies had the authority to enter into voluntary agreements for stormwater projects in the future, where cost effective and regionally suitable.

regional cooperation water quality improvement sustainable water supply stormwater capture municipal wastewater agencies infrastructure use voluntary agreements stormwater projects sanitary sewer overflows legislative authority interagency cooperation 21st century water portfolio wastewater treatment innovative water solutions economic feasibility

(Added by Stats. 2021, Ch. 241, Sec. 1. (SB 273) Effective January 1, 2022.)

Section § 13911

This California law allows municipal wastewater agencies to partner with entities managing stormwater, like cities or industries, to handle stormwater and dry weather runoff. These agencies can build or upgrade facilities to redirect runoff to their systems, manage and treat the water, discharge treated water back into stormwater systems or bodies of water, and find ways to reuse this captured runoff beneficially.

(a) A municipal wastewater agency may enter into agreements with entities responsible for stormwater management, including, but not limited to, municipal, industrial, and commercial stormwater dischargers subject to this division, for the purpose of managing stormwater and dry weather runoff.

(b) A municipal wastewater agency may acquire, construct, expand, operate, maintain, and provide facilities for any of the following purposes:

(1) The diversion of stormwater and dry weather runoff from the stormwater system to the wastewater collection or treatment system.

(2) The management and treatment of stormwater and dry weather runoff.

(3) The discharge of treated dry weather runoff and stormwater to the stormwater drainage system or receiving waters.

(4) The beneficial reuse of captured dry weather runoff and stormwater.

municipal wastewater agency stormwater management dry weather runoff industrial stormwater dischargers wastewater treatment diversion of stormwater water treatment facilities discharge of treated runoff beneficial reuse stormwater drainage system runoff management facility expansion partnership agreements water reuse treatment systems

(Added by Stats. 2021, Ch. 241, Sec. 1. (SB 273) Effective January 1, 2022.)

Section § 13912

This law allows municipal wastewater agencies to authorize the discharge of captured stormwater or dry weather runoff into their systems, as long as it follows federal, state, and local water quality rules. They can enforce compliance and fund projects by charging fees or taxes. Any new powers they gain must comply with certain government reorganization laws. If an agency makes or changes an agreement after January 1, 2022, they must file it with the local agency commission within 30 days, but approval is only needed if other specific conditions apply.

(a) A municipal wastewater agency may do any of the following:

(1) To the extent permitted by federal law, authorize the discharge of stormwater or dry weather runoff captured at industrial and commercial sites to the wastewater collection or treatment system subject to any requirements that may be imposed by the municipal wastewater agency or public agency that owns and operates the tributary collection system.

(2) In order to carry out the powers granted, and the purposes established, under this chapter, exercise any of the powers otherwise granted to it by law, including, but not limited to, enforcing compliance with local, state, and federal water quality requirements through the implementation of the municipal wastewater agency’s industrial pretreatment programs and ensuring that the project or program is consistent with local watershed priorities, obligations, and circumstances.

(3) Levy taxes, fees, and charges consistent with the municipal wastewater agency’s existing authority in order to fund projects undertaken pursuant to this chapter.

(b) The exercise of any new authority granted under this chapter is subject to and shall comply with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code).

(c)

(1) If, after January 1, 2022, a municipal wastewater agency enters into a new agreement or amends an agreement pursuant to this chapter, the agency shall, within 30 days after the effective date of the new agreement or amendment, file a copy of the agreement or amendment with the local agency formation commission in each county where any part of the municipal wastewater agency’s territory is located.

(2) The local agency formation commission’s approval of an agreement or an amendment to an agreement as described in paragraph (1) shall not be required, except as required by subdivision (b).

municipal wastewater agency stormwater discharge dry weather runoff water quality requirements industrial pretreatment programs watershed priorities taxes and fees local agency formation commission Cortese-Knox-Hertzberg Act agreement filing compliance enforcement tributary collection system funding wastewater projects local agency commission government reorganization laws

(Added by Stats. 2021, Ch. 241, Sec. 1. (SB 273) Effective January 1, 2022.)

Section § 13913

This law states that any agreements or projects under this chapter are completely voluntary, so entities choose if they want to participate. Existing programs or responsibilities for managing wastewater or stormwater will not be affected by this chapter. The main goal is to give local agencies the freedom to work on specific projects without needing more legislative changes.

(a) An agreement, project, or use of authority authorized under this chapter shall be completely voluntary for all participating entities.

(b) Nothing in this chapter shall be construed to interfere with any existing programs or projects, authorities, or obligations for municipal wastewater agencies or stormwater dischargers.

(c) It is the intent of the Legislature in enacting this chapter merely to allow local agencies interested in pursuing the types of projects described in this chapter to proceed without additional legislative changes to their authorizing statutes.

voluntary participation municipal wastewater agencies stormwater dischargers local agency projects existing programs protection use of authority legislature intent no additional legislative changes local agencies project authorization stormwater management wastewater management authority use program non-interference specific projects

(Added by Stats. 2021, Ch. 241, Sec. 1. (SB 273) Effective January 1, 2022.)

Section § 13914

This law makes it clear that nothing in its chapter changes or gets in the way of any existing water rights or laws about water rights in California. This includes water rights that have been decided by court order, rights given out by the state, and those under federal or state law. It also respects any current rights, remedies, or obligations detailed in other specified sections of California's water and utilities codes.

Nothing in this chapter shall be construed to alter or interfere with any of the following:

(a) 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.

(b) Existing water rights law.

(c) Any rights, remedies, or obligations that may exist pursuant to Article 1 (commencing with Section 1200) or Article 1.5 (commencing with Section 1210) of Chapter 1 of Part 2 of Division 2 of this code, Chapter 10 (commencing with Section 1700) of Part 2 of Division 2 of this code, or Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code.

existing water rights court adjudicated rights state-issued water rights federal water rights water rights laws California water legislation physical solution Section 1200 Section 1210 Section 1700 Public Utilities Code rights to water sources water law obligations remedies in water law California water code provisions

(Added by Stats. 2021, Ch. 241, Sec. 1. (SB 273) Effective January 1, 2022.)

Section § 13915

This section provides the definitions necessary for understanding the chapter it is part of. "Dry weather runoff" and "stormwater" are both defined by a different section, Section 10561.5. A "local agency" refers to various governmental entities, including cities, counties, and utility districts. A "municipal wastewater agency" is a type of local agency that can use the powers given by this chapter.

For purposes of this chapter, the following definitions apply:

(a) “Dry weather runoff” has the same meaning as defined in Section 10561.5.

(b) “Local agency” includes, but is not limited to, a city, county, special district, joint powers authority, sanitary district, sanitation district, county sanitation district, community services district, and municipal utility district.

(c) “Municipal wastewater agency” means a local agency that chooses to exercise any authority granted under this chapter.

(d) “Stormwater” has the same meaning as defined in Section 10561.5.

dry weather runoff local agency municipal wastewater stormwater city county special district joint powers authority sanitary district sanitation district community services district municipal utility district water management governing entities wastewater authority

(Added by Stats. 2021, Ch. 241, Sec. 1. (SB 273) Effective January 1, 2022.)