Legislation has been introduced in Sacramento that has serious potential impacts for local government agencies that hold Clean Water Act ("NPDES") waste or stormwater discharge permit.  The legislation, Senate Bill 729, was introduced by State Senator Lowenthal on February 22, 2005 and was then amended on April 19.  The legislation seeks to make significant changes to California’s Porter-Cologne Water Quality Control Act ("Water Code").  Among these proposed changes, the legislation:

• Will require that numeric total maximum daily load ("TMDL") wasteload allocations must be addressed within 10 years of the date on which the water body was listed as impaired.  (Amended Section 13225(k)).  This could severely limit Regional Water Board’s flexibility in constructing TMDL Implementation Plans, particularly for municipal stormwater and publicly owned treatment work ("POTW") discharges. 
• Will require that numerically denominated technology-based numeric effluent limitations be included in all stormwater permits, including municipal stormwater permits, as those permits are updated.  If the Regional Board cannot achieve this requirement within the next applicable permit cycle, it must in the interim include in the municipal permit specified numeric reductions in mass loadings of representative pollutants that will ensure compliance with water quality standards.  (Added by Section 13399.26).  
• Will require cities, towns and counties to notify the Regional Boards each time a tentative subdivision map is prepared or an application for a building permit is filed that may involve the discharge of waste.  The legislation would exempt from this reporting duty discharges into a community sewer system and discharges from residential developments consisting of five units or less.  (Amended Section 13266(a)).  
• Does not propose to assist local governments in raising funds for water quality programs. 
• Will change the membership requirements for the Regional Board such that a county government representative is no longer included.  (Amended Section 13201(a)).

In sum, as currently drafted, this legislation, which is making its way through the State Legislature, will have both significant and expensive consequences for local governments.  Morrison & Foerster, LLP, has successfully counseled and represented local government agencies on stormwater and NPDES permitting issues for more than 15 years.  If you have further questions about this proposed bill, or would like to know what you can do to make your views on it known, please contact Robert Falk in San Francisco at (415) 268-6294 (rfalk@mofo.com) or Peter Hsiao in Los Angeles at (213) 892-5731 (phsiao@mofo.com).