An act to add Section 13383.1 to the Water Code, relating to water quality.
Summary
AB 1313 would require the State Water Resources Control Board, after making the necessary federal residual designation findings, to create a statewide NPDES order for commercial, industrial, and institutional properties with five acres or more of impervious surface. The order would regulate stormwater and authorized nonstormwater discharges from facilities the state board determines are significant contributors of pollutants to federally protected surface waters. The bill also sets a deadline for a draft order to be released for public comment by December 31, 2028, or 18 months after reissuance of a specified industrial stormwater permit, whichever is later.
The measure further requires the state board to develop rules for offsite compliance agreements between permittees and local municipalities, with the goal of enabling offsite stormwater capture and use. It directs the statewide order to include multiple compliance pathways, including options that incentivize green infrastructure and onsite or offsite stormwater capture and reuse, so that dischargers can meet water quality-based effluent limitations through different methods rather than a single prescriptive approach.
Impact
AB 1313 would add Section 13383.1 to the Water Code and expand the state board’s stormwater permitting framework by directing it to establish a single statewide NPDES order for a broad class of commercial, industrial, and institutional sites. It would affect owners and operators of qualifying properties, local municipalities that may enter offsite compliance agreements, and the state board’s permitting and enforcement responsibilities under the Porter-Cologne Water Quality Control Act and the federal Clean Water Act. The bill also states that regulated stormwater permittees should not be subject to more than one stormwater NPDES order for the same facility, and that industrial stormwater effluent limitations must be incorporated into the statewide order, while excluding construction stormwater from that provision.
Sentiment
The bill appears to have had generally favorable support among legislators who voted on it, advancing through committee with majority votes of 5-2 and 11-3. Its findings section frames the measure as a response to documented stormwater pollution from impervious surfaces and as a way to better align California’s permitting program with federal residual designation authority. The absence of recorded committee testimony in the provided materials limits insight into stakeholder views, but the vote margins suggest support with some opposition rather than broad controversy.
Contention
The main points of contention likely concern the scope and reach of the proposed statewide permit, especially the threshold covering properties with five acres or more of impervious surface and the use of residual designation authority to regulate a broad category of sites statewide. Potentially affected businesses and institutions may view the bill as expanding permitting obligations and compliance costs, while supporters likely see it as a necessary water-quality measure to address urban runoff and pollutant loading. Another possible issue is the bill’s reliance on offsite compliance agreements and green infrastructure as compliance tools, which may raise questions about implementation, enforceability, and coordination with local governments.
Enacts the drinking water protection act, relating to the adoption and enforcement of watershed rules and regulations for the purpose of protecting water quality.
Enacts the drinking water protection act, relating to the adoption and enforcement of watershed rules and regulations for the purpose of protecting water quality.