STATE WATER RESOURCES CONTROL BOARD
WORKSHOP SESSION--DIVISION OF WATER QUALITY
SEPTEMBER 2, 1998

ITEM: 11

SUBJECT: CONSIDERATION OF APPROVAL OF THE CLEAN WATER ACT SECTION 205(j) PHASE XIII WATER QUALITY MANAGEMENT PLANNING PROJECT PRIORITY LIST

DISCUSSION: Section 205(j) of the Federal Clean Water Act (CWA) authorizes states to reserve up to one percent of their annual Title II Clean Water Construction Grant allocation for water quality management planning activities. Beginning in Federal Fiscal Year (FFY) 1989, Section 604(b) supplemented Section 205(j)(2) to maintain such funding. The State Water Resources Control Board (SWRCB) is the agency in California designated to administer the water quality management planning program. Twelve phases of the program have been implemented to date, funding a total of 152 projects at a cost of about $17 million.

On February 9, 1998, the SWRCB issued a Request for Proposals (RFP) for watershed management planning and implementation projects. In response to the RFP, 30 proposals were submitted for consideration for the Phase XIII water quality planning projects. Proposals were reviewed and evaluated by the appropriate Regional Water Quality Control Board (RWQCB), the Watershed Management Initiative Committee (consisting of RWQCB, SWRCB, and U.S. Environmental Protection Agency [USEPA] senior staff), and the SWRCB/RWQCB Management Coordinating Committee using criteria specified in the February 9, 1998 RFP. Among these criteria were: consistency with the watershed planning approach and with RWQCB priorities, resource value and condition of the water body, and the feasibility of the study to address water body conditions. The resulting ranking of projects for funding priority is shown on the attached list.

Funding for the Phase XIII projects will be obtained from the FFY 1999 Federal appropriation. Of the Federal appropriation, which is expected to total $775,000-$900,000 approximately $355,600 will be used for SWRCB water quality planning activities, e.g. , Thermal Plan review, and for program administration in accordance with the program workplan.

The 1987 CWA amendments require that at least 40 percent of the amount allocated to the State under Sections 205(j)(2) and 604(b) be allotted to Regional Public Comprehensive Planning Organizations (RPCPOs) or appropriate Interstate Organizations (IOs) for water quality planning activities. Considering that the level of Federal funding for this program is uncertain, applications were restricted to local public agencies and special districts, in order to meet the 40 percent allocation requirement.

POLICY ISSUE: Should the SWRCB adopt a resolution:

  1. Establishing the attached priority funding list for water quality management planning projects?
  2. Authorizing the Executive Director, or his designee, to adjust the funding levels for any project to ensure adequate funding for as many projects as feasible within the allotted Federal funds?
  3. Authorizing the Executive Director, or his designee, to apply for and accept the FFY 1999 Phase XIII water quality management planning grant under CWA Sections 205(j)(2) and/or 604(b)?
  4. Authorizing the Executive Director, or his designee, to approve the final Phase XIII water quality management planning workplans and to negotiate and execute contracts and amendments in accordance with the workplans to implement the projects subject to the availability of funding?
FISCAL IMPACT: The SWRCB anticipates receipt of a total of $775,000-$900,000 from the FFY 1999 allocation, of which an estimated $500,000-$600,000 will be available for project funding. Depending on the total level of Federal grant, a request for additional budget authority may be needed.

RWQCB IMPACT: Yes.

STAFF RECOMMENDATION: That the SWRCB adopt a resolution:

  1. Establishing the attached priority list for Section 205(j) Phase XIII water quality management planning projects.
  2. Authorizing the Executive Director, or his designee, to adjust the funding levels for any project to ensure adequate funding for as many projects as feasible within the allotted Federal funds.
  3. Authorizing the Executive Director, or his designee, to apply for and accept the FFY 1999 Phase XIII water quality management planning grant under CWA Sections 205(j)(2) and/or 604(b).
  4. Authorizing the Executive Director, or his designee, to approve the final Phase XIII water quality management planning workplans and to negotiate and execute contracts and amendments in accordance with the workplans to implement the projects subject to the availability of Federal funding.
Note: The Water Quality Management Planning Program Section 205(j) Phase XIII Draft Project List is not available on the SWRCB Internet site. For copies, contact: Elena Tarailo, Division of Water Quality, SWRCB,
P.O. Box 944213, Sacramento, CA 94244-2130; (916) 657-0583 or FAX (916) 654-8375.

AUGUST 21, 1998 DRAFT

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 98-
APPROVAL OF THE CLEAN WATER ACT SECTION 205(j) PHASE XIII WATER QUALITY MANAGEMENT PLANNING PROJECT PRIORITY LIST

WHEREAS:

1. Section 205(j) of the Federal Clean Water Act (CWA) authorizes states to reserve up to one percent of their annual Title II Clean Water Construction Grant allocation for water quality management planning activities. Beginning in FFY 1989, CWA Section 604(b) supplemented Section 205(j)(2) to maintain such funding.

2. It is estimated that $600,000 to 1 million will be available in FFY 1999 for funding the water quality management planning program projects from CWA Section 604(b).

3. Thirty proposals were received in response to the State Water Resources Control Board's (SWRCBs) February 9, 1998 Request for Proposals (RFP) for the Phase XIII water quality management planning program.

4. These water quality management planning projects consist of actions taken by regulatory agencies, as authorized by State law or local ordinance to assure the maintenance, restoration, enhancement, or protection of water quality or the environment. As such, these projects are exempt from the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq., in accordance with 14 California Code of Regulations, Sections 15307 and 15308.

5. Following a thorough evaluation process, including public participation, the SWRCB has selected projects that will be fully considered for Phase XIII funding contingent on availability of funds and development of acceptable workplans and contractual agreements.

THEREFORE BE IT RESOLVED THAT:

The SWRCB:

1. Establishes the attached priority list for Section 205(j) Phase XIII water quality management planning projects.

2. Authorizes the Executive Director, or his designee, to adjust the funding levels for any project to ensure adequate funding for as many projects as feasible within the allotted Federal funds.

3. Authorizes the Executive Director, or his designee, to apply for and accept the FFY 1999 Phase XIII water quality management planning project grant.

4. Authorizes the Executive Director, or his designee, to approve the final Phase XIII water quality management planning workplans and to negotiate and execute contracts and amendments in accordance with the workplans to implement the projects subject to the availability of funding.

CERTIFICATION

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on September 17, 1998.

____________________________________

Maureen Marché

Administrative Assistant to the Board