Storm Water MS4 Permit

The State Water Resources Control Board (Water Board) is in the process of updating the Small Municipal Separate Storm Water System (MS4) Permit. The new proposed permit applies to additional entities than the previous version. For example, the proposed permit adds small towns and census-designated places (CDP) due to high growth rates or potential impacts on endangered species to the covered entities. 

CSAC has joined forces with a coalition of cities and counties concerned about the draft permit, and teamed up to ask for an extension of the comment period at this week’s Water Board hearing. During public comment, Assemblywoman Mariko Yamada asked the State Board for a 60- day extension on behalf the local government Storm Water Coalition, reinforcing the 80 individual extension letters sent to the Board. The Assemblywoman reminded the Board that the request for the extension also was made by 14 other legislators from both sides of the aisle. As a result, the Water Board has extended the comment period to September 8, 2011.

Conservation

SB 328 (Kehoe) – Request for Comments
As Amended June 22, 2011

SB 328, by Senator Christine Kehoe, would require a person seeking to acquire, by eminent domain, a property subject to a conservation easement to give the holder of the conservation easement a notice containing specified information and an opportunity to comment on the acquisition.

Eminent domain has been used as a tool to acquire land that is subject to a conservation easement, typically for transportation, development and infrastructure projects. According to the author and supporters, the use of eminent domain in these instances not only threatens to destroy the environmental value created by the conservation easement, it also represents a considerable waste of public and private investment on the part of government entities, as well as non-profit agencies, which purchased those easements. According to the author, this bill is intended to ensure that whenever an entity seeks to acquire property subject to a conservation easement that the easement holder, and any other entities that contributed to acquisition of that easement, are given ample notice and opportunity to be heard in any condemnation proceedings. This bill is on the Senate Third Reading File. 

CEQA

SB 226 (Simitian) – Request for Comments
As Amended July 14, 2011

SB 226, by Senator Joe Simitian, would create several new CEQA exemptions for various projects. Specifically, this bill would provide a CEQA exemption for projects consisting of the installation of solar panels on the roof of a commercial or industrial building meeting specified conditions. This bill would also require the Secretary of the Natural Resources Agency, on or before March 1, 2012, to adopt a categorical exemption for solar photovoltaic projects located on disturbed agricultural lands meeting specified conditions, until January 1, 2015. The bill also amends the SB 375 CEQA streamlining measures related to transit priority projects. This bill has been referred to the Assembly Natural Resources Committee.