CICWQ 2022 Year In Review
2022 was a year of accomplishment for CICWQ and its advocacy efforts. We finally got to the finish line with the State Water Board’s adoption of the Construction General Permit for stormwater. All hands were on deck among CICWQ’s membership, including our technical, legal, and communications team, which helped develop a permit we can live within the construction industry.
Many of you in the construction community made a huge difference in the CGP renewal effort by supporting the construction industry’s petition to the State Water Board for an alternative permit proposal, which in the end, resulted in critical last-minute changes to the permit requirements. We made a difference, and it matters!
Also, in 2022 we made significant headway on behalf of the construction industry in California by getting more flexible permit conditions into post-construction stormwater permits. We helped local ports, airports, and the commercial sector in California avoid a huge new stormwater management compliance burden with the Governor’s veto of AB 2106.
Lastly, we redoubled our efforts to support State and Local public works agencies and water agencies and districts to develop as diverse a water supply portfolio as possible, including support for local water recycling projects—including stormwater capture and groundwater aquifer storage, and support for the construction of the Delta Conveyance Project and state water contractors.
2 WINS FOR THE CONSTRUCTION INDUSTRY
1) California Construction General Permit Renewed
On September 8, 2022, the California State Water Resources Control Board (State Water Board) adopted the revised Construction General Permit (CGP), a Federally-required NPDES permit regulating stormwater discharges from construction sites. The CGP and its requirements are extensive and impact almost all public and private construction projects greater than 1 acre. The CGP was last revised in 2010 and went into effect in 2012.
CICWQ led the construction industry in California in analyzing the permit, developing reasonable alternatives, and communicating its positions to the State Water Board and other key stakeholders. CICWQ organized and led a statewide coalition of industry stakeholders, including CBIA, BIASC, and the Building Industry Legal Defense Foundation, to get key changes made to the permit, protecting developers and contractors from costly potential litigation. And the CICWQ advocacy team pushed the State Water Board to include a re-opener provision into the adopted permit to address technical concerns with the State’s proposed stormwater runoff monitoring approach for total maximum daily load (TMDL) compliance.
The final approved permit underwent numerous changes – even as recently as the day of the hearing. Most of those changes occurred due to concerns raised by CICWQ and its technical and legal team.
For the latest updates on this issue can be found on our CGP blog
2) Governor Newsom Vetoes AB 2106 (Rivas - Garcia) – Commercial Property Green Infrastructure Retrofit Requirement
If enacted, California Assembly Bill 2106 (Rivas - Garcia) would have required the State Water Board to establish a statewide commercial, industrial, and institutional Federal NPDES permit regulating stormwater runoff on all qualifying properties greater than 5 acres.
Complying with a retrofit order such as this would be a significant new cost and ongoing operational and maintenance burden for many existing development types, including ports, airports, parking lots, and an array of retail and commercial properties. CICWQ engaged with several stakeholders, including representatives from ports, airports, and commercial property interests and trade associations, providing education and background materials about the types and costs of “green” infrastructure systems, which would meet AB 2106 requirements for capturing stormwater runoff.
Governor Newsom vetoed AB 2106 and, in his statement, highlighted important views about stormwater as a resource and the need to support and help local governments with stormwater capture, using existing authorities and permit programs already in existence and administered by the State.
CICWQ ADVOCACY CONTINUES
3) Santa Ana Watershed Regional MS4 Permit Renewal Process Underway
The Santa Ana Regional Water Quality Control Board is revising and updating three MS4 permits issued between 2009 and 2012 into one combined Regional Permit. This permit impacts CICWQ members working in private and public land development and building, including housing and urban re-development, and contains engineering requirements to manage stormwater runoff.
CICWQ has participated in workshops, offered specific comments on a staff working draft, and met with and engaged with the Board staff, management, and members over the past two years. Aligned with this process, CICWQ has also worked with the three major public works agencies responsible for permit compliance in Orange, Riverside, and San Bernardino counties. CICWQ coordinated on key issues of concern and advocated for changes in the Staff Working Draft permit, allowing maximum flexibility in meeting permit conditions for land development and construction.
Regional Board staff tell CICWQ to expect a draft permit for public review and comment in late 2023.
4) Water Supply Reliability Portfolio Expansion in California
Drought conditions persisted in California for most of 2022, with state and local agencies taking many different kinds of actions to conserve existing supplies and grow the water supply portfolio. This includes expanded efforts to capture more surface water runoff, use local groundwater resource management areas to accept the urban stormwater runoff, and develop more water supply from recycled water sources, such as reclaimed water from municipal wastewater treatment facilities. CICWQ supports a broad array of water supply portfolios and reliability measures across all regions in California, including support for the Metropolitan Water District of Southern California and its efforts to develop and build the Delta Conveyance Project.
2023 OUTLOOK AND FOCAL WORK AREAS
Engage and work with the State Water Board staff as they develop a State Board-required Technical Workplan by September 1, 2023. The plan, included in the CGP’s re-opener provision, will investigate the efficacy of establishing a surrogate water quality standard of 100 milligrams per liter of total suspended solids (TSS) for meeting specific TMDL pollutant compliance numeric limits for toxic organics and metals.
Train CICWQ members on key water quality permit changes, and updates to technical guidance for the revised California CGP.
Create a viable water quality credit trading program in north Orange County as part of the new Regional MS4 permit for Orange, Riverside, and San Bernardino Counties.
Ensure and support efforts to obtain reliable water supplies and create a diversified portfolio to allow new and redevelopment, using the cleanest and greenest building standards in the world.
