CICWQ Year-In-Review 2021
Let’s face it, 2021 was a challenging year for everyone, but in the face of the challenge comes adaptation and change. In 2021 CICWQ stepped up our digital communication effort to better connect with you during these meeting-challenged times, and to provide you with useful, timely information.
We are reaching many more of you with our monthly email updates on important water quality regulatory matters. Enjoy our updated CICWQ website and check out the comprehensive information and education content, specific to water quality and water supply reliability issues that impact the construction industry in California.
During 2021 we engaged in several important advocacies and regulatory matters on behalf of the construction industry, which we summarize below.
5 ADVOCACY AND REGULATORY ISSUES IN 2021
1.) California Construction General Permit (CGP) Renewal
The California State Water Resources Control Board (Water Board) is renewing the CGP for stormwater and released a Draft at the end of May 2021 for stakeholder consideration and comment. The CGP and its requirements are extensive and impact almost all public and private construction projects greater than 1-acre in size in California.
CICWQ is leading the construction industry in California in analyzing the permit, developing reasonable alternatives, and communicating its positions to the Water Board and other key stakeholders. CICWQ organized and led a statewide coalition of construction industry stakeholders including CBIA, BIASC, and the Building Industry Legal Defense Foundation to prepare a comprehensive comment letter and supporting technical and scientific documents.
At this point in January 2022, we expect Water Board staff to release a response to the stakeholder comments document in early 2022. The Water Board has not set a date for a re-draft of the CGP, but stakeholders expect it to move forward with permit consideration and adoption during 2022, with an effective date of the revised CGP likely in 2023.
2.) Los Angeles-Ventura County Regional Municipal Separate Storm Sewer System (MS4) Permit Adoption
The Los Angeles Regional Water Quality Control Board adopted a revised MS4 permit covering most of Los Angeles and Ventura counties in July of 2021, and there is an important new provision allowing new and re-development projects more than 5,000 square feet to use flow-through biofiltration systems. Allowance of these systems, which is a major improvement in permit compliance flexibility, must be implemented in 2022. The new permit provision is good for housing and nearly all types of land development projects.
3.) Santa Ana Watershed Regional MS4 Permit Renewal Process Begins
The Santa Ana Regional Water Quality Control Board is revising and updating three MS4 permits issued between 2009 and 2012 into one Regional Permit. This permit impacts CICWQ members working in private and public land development and building, including housing and urban redevelopment, and contains engineering requirements to manage stormwater runoff.
CICWQ met with Board staff and management several times in 2021 and expects the public release of the DRAFT Regional Permit in early 2022 for public and stakeholder comment, with a Regional Board workshop on February 4, 2022, scheduled, where the matter may be discussed. Regional Board staff tell CICWQ to expect permit adoption sometime in late 2022.
4.) Orange County Public Works Water Quality Credit Trading Program Development
CICWQ continued its collaborative research project with the County of Orange to develop a water quality credit trading program for north Orange County, within the jurisdiction of the Santa Ana Regional Water Quality Control Board.
The program, which is nearing completion and is in the case-study demonstration phase, uses a regional approach to collect and manage stormwater runoff and may provide stormwater permit compliance flexibility for private and public-funded new and re-development projects.
CICWQ is collaborating on the project with Orange County Public Works and a research-technical team of engineers, scientists, and economists.
5.) Legislative Review and Support
AB 377 (Rivas) was the major proposed water quality legislation in 2021 but it did not survive the Assembly and Senate process (converted into a two-year bill) and make its way to the governor’s desk, which was welcomed by the construction industry. Our long-time partner at CICWQ, Metropolitan Water District was able to gather support for important legislation providing it with greater maintenance and operation flexibility for increased water reliability and service to 20 million+ customers.
2022 Outlook and Focal Work Areas
Establish the evidentiary record for CGP renewal, to protect the industry from potential adoption of numeric effluent limits.
Train CICWQ members on key water quality permit changes, and updates to technical guidance, such as the revised CGP.
Create a viable water quality credit trading program in north Orange County as part of a 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.
Stop environmentalist-led effort to increase stormwater runoff regulation on private commercial and institutional properties. This is occurring right now in the Los Angeles area. Environmentalists want to force the U.S. EPA and the State of California to create and use an additional, duplicative NPDES regulatory program to control runoff.
