AB 836

Under current law, the Department of Natural Resources (DNR) regulates

certain activities that occur in or near navigable waters and also administers various

environmental laws. In order for a person to conduct an activity in or near a

navigable water or to discharge certain pollutants into the air or waters of this state,

the person may be required to obtain one or more permits from DNR. Among the

environmental permits that DNR issues are storm water discharge permits.

Current law exempts the Department of Transportation (DOT) from obtaining

certain navigable waters permits and certain environmental permits affecting

waters of this state including storm water discharge permits. The exemptions apply

to activities affecting waters of this state that are carried out under DOT's direction

and supervision, such as the construction of a highway or bridge (transportation

activity), and are subject to certain conditions. Under these conditions, DOT must

accomplish the transportation activity in accordance with interdepartmental liaison

procedures established by DOT and DNR for the purpose of minimizing the adverse

environmental impact of the activity. DOT and DNR must also exchange

information and cooperate in planning and carrying out DOT activities in order to

alleviate potential detrimental encroachment on the waters of the state.

This bill requires DNR to issue a general permit that authorizes DOT to

discharge storm water from the site of a transportation activity (transportation

general permit). The bill provides that, instead of being exempt from any

requirement to obtain a storm water discharge permit, DOT must obtain coverage

under a transportation general permit required to be issued by DNR under this bill.

The bill specifies that a transportation activity covered by a transportation general

permit is subject to the interdepartmental liaison procedures that apply under

current law to DOT transportation activities. The bill requires DNR to issue a

transportation general permit on or before June 30, 2016, but DOT is not required

to obtain coverage under that permit until DNR issues a transportation general

permit as required under the bill.

Under current law, DNR must promulgate by rule effluent limitations for point

sources of water pollution. An effluent limitation is a restriction on the quantity,

rate, and concentration of a pollutant discharged from a point source into state

waters. A point source is a discernible, confined, and discrete conveyance, such as

a pipe, well, or concentrated animal feeding operation from which pollutants may be

discharged into the waters of the state or into a publicly owned sewage system. DNR

must also promulgate by rule standards of performance for new sources. A new

source is a point source the construction of which commenced after the effective date

of an applicable effluent limitation or standard of performance. Generally, DNR's

rules must comply with and not exceed corresponding requirements established

under federal law.

This bill revises the definition of a "new source." Under the bill, a new source