HomeMy WebLinkAboutLegislative Review - Regional Water Quality Control Board Restructuring ProposalCITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: APPROVE THE PALM DESERT LEGISLATIVE REVIEW
COMMITTEE'S RECOMMENDATION TO PROVIDE A LETTER
OF OPPOSITION FOR THE REGIONAL WATER QUALITY
CONTROL BOARD RESTRUCTURING PROPOSAL.
SUBMITTED BY: Stephen Y. Aryan, Risk Manager
DATE: May 10, 2012
CONTENTS: None
Recommendation
By Minute Motion, approve the recommended letter of opposition to the
Governor's Regional Water Quality Control Board Restructuring Proposal.
Committee Recommendation
On April 27, 2012, the Palm Desert Legislative Review Committee recommended that the
City Council approve a letter of opposition for the Governor's Regional Water Quality
Control Board Restructuring Proposal.
Background
Riverside County is the only California County to be regulated by three Regional Water
Quality Control Boards (RWQCBs). The RWQCBs issue various water quality related
permits, certifications, and activities that affect the County, including its cities, businesses,
and residents. These requirements profoundly impact public and private development,
including road development and maintenance projects.
Although the State Water Resource Control Board (SWRCB) is charged by the California
Constitution with overseeing and coordinating the regulatory activities of the RWQCBs, the
SWRCB has not exercised its authority. The RWQCBs therefore operate with autonomy
and have widely varying approaches to discharging their duties.
In January 2009, a Little Hoover Commission (an independent state oversight agency)
report evaluating the SWRCB and RWQCB effectiveness indicated this autonomy resulted
in "a system that lacks consistency, accountability, and transparency and is unable to match
resources to priorities. "
The Commission's Report recommended 13 actions to address these issues. On March 14,
the Governor proposed a budget trailer bill to SB 900 that would have addressed two of the
Commission's recommendations:
Regional Water Quality Control Board Restructuring Proposal
May 10, 2012
Page 2 of 3
1) Reducing the Regional Board Members from nine to seven members, with
membership based on a demonstrated interest and proven ability in the field of water
quality;
2) Allowing the Governor to appoint a chairperson of each Regional Water Quality
Control Board.
The budget trailer bill also included a third action not recommended by the Little Hoover
Commission:
3) Eliminating the Colorado River Region Regional Water Quality Control Board. The
portions of Riverside County that are currently regulated by the Colorado River
Region Regional Water Quality Control Board would become part of the new San
Diego and Colorado River Basin Regional Water Quality Control Board.
Riverside County staff reviewed the Governor's proposal, as well as comment letters on
the proposal sent by the California State Association of Counties (CSAC) and the
California League of Cities. Their conclusions are summarized below:
1) The proposal to reduce the number of Board Members from nine to seven also
eliminated the designated seats for local government representation on the Regional
Boards. This action was not part of the Hoover Commission's original
recommendations. Dedicated local government representatives, who have
historically been elected officials, better represent the interest of the general public
and tend to bring the broadest perspective to the decision -making process rather
than representatives with a general interest in water quality. County staff
recommended that he Governor's proposal be modified consistent with the
recommendation of CSAC and the League of Cities to ensure dedicated seats for
local government representation;
2) Along with CSAC and the League of Cities, the County believes that the Board Chair
should continue to be appointed by the Regional Board members.
3) The proposal to eliminate the Colorado River Region Regional Water Quality Control
Board would effectively transfer control of the eastern half of Riverside County to the
San Diego Regional Water Quality Control Board. This action has very damaging
potential consequences as the Colorado River Region Regional Water Quality
Control Board historically worked closely with Riverside and Imperial Counties to
address significant and important issues of the Salton Sea. The regulatory transfer
could significantly upset existing agreements and understanding related to
management of the Salton Sea and its tributaries. Further, the San Diego Regional
Water Quality Control Board has historically taken a "one size fits all" approach to
regulation that could have significant negative ramifications to ephemeral desert
ecosystems, local water supply management efforts, and local municipal economies.
Regional Water Quality Control Board Restructuring Proposal
May 10, 2012
Page 3 of 3
The San Diego Regional Board is currently in the process of developing a single
"regional" storm water permit that is intended to serve the Board's entire
jurisdictional area including southwest Riverside County, Southern Orange County,
and all of San Diego County. Should the Governor's proposal be enacted, the
County expects the San Diego Regional Board to attempt extending this permit to
cover eastern Riverside County as well.
Elimination of the Colorado River Region Regional Water Quality Control Board was not
included in the Little Hoover Commission recommendations and City staff does not support
it.
Fiscal Analysis
There is no fiscal impact related to opposition of this proposal.
Submitted By:
Stepheo Y. A" yAn, Risk NJanager
I S. Gibson, Director of Finance
ohp M. Wohlmuth, City Manager
C'111" CO)UNCILACTION
APPROVED ✓ DENIED
RECEIVED OTIIER.
MEETING DATE
AYES:C
DOES: �_
ABSENT: A
ABSTAIN: Oil e—
VERIFIED BY I J %'c
Original on File with City Clerk's 0 fice