ITEM 7: CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OR HIS DESIGNEE TO APPLY FOR AND ACCEPT THE FISCAL YEAR (FY) 1997-98 SECTION 106 SURFACE WATER POLLUTION CONTROL PROGRAM GRANT, PLUS ANY CARRY-OVER FY 1996-97 GRANT FUNDS, AND TO NEGOTIATE, APPROVE, AND/OR AMEND THE GRANT AND THE WORKPLAN

DISCUSSION: Section 106 of the Clean Water Act authorizes the appropriation of monies for Federal grants to assist states in administering programs for the prevention, reduction, and elimination of pollution. In order to receive such grant funding, the State Water Resources Control Board (SWRCB) must annually file an application and develop a workplan with the U.S. Environmental Protection Agency (U.S. EPA). Beginning with FY 1995-96, the annual Section 106 Surface Water Grant has been awarded on a State fiscal year basis.

The new grant period will be July 1, 1997 to June 30, 1998 (FY 1997-98). For FY 1997-98, U.S. EPA has projected that SWRCB will receive a base amount of up to $4,000,000 under the Section 106 Surface Water Grant. In addition, unspent FY 1996-97 Section 106 grant funds may be carried over and added to the proposed FY 1997-98 grant. Because the grant period spans parts of two Federal fiscal years, U.S. EPA is unsure of the actual amount of the grant, which may be slightly less than the amount shown above.

By agreement with U.S. EPA, the workplan for the FY 1997-98 Grant is based on continuation of current National Pollutant Discharge Elimination System (NPDES) Program activities based on projected FY 1997-98 NPDES Program annual workplan output commitments. The FY 1997-98 NPDES Program output commitments are integrated to the extent possible at this time with the Watershed Management Initiative (WMI) in its current state of development/implementation. A significant change to the Section 106 workplan was mutually determined to be counterproductive until after the final WMI Plan is agreed upon and produced.

POLICY ISSUE: Should the SWRCB authorize the Executive Director or his designee to apply for and accept the FY 1997-98 Section 106 Surface Water Pollution Control Program Grant, plus any carry-over FY 1996-97 grant funds, and to negotiate, approve, and/or amend the grant and the workplan with U.S. EPA?

FISCAL IMPACT: The FY 1997-98 baseline budget includes authority of $3,907,000 for the FY 1997-98 Section 106 Surface Water Program Grant funds. If unexpended FY 1996-97 grant funds are carried over to the FY 1997-98 grant, SWRCB will be advised and the FY 1997-98 grant amended accordingly. If required, a Section 28 request would be prepared by the Division of Water Quality to obtain any additional Federal xpenditure authority required.

RWQCB IMPACT: Yes. All RWQCBs.

STAFF RECOMMENDATION: That the SWRCB adopt a resolution authorizing the Executive Director or his designee to apply for and accept the FY 1997-98 Section 106 Surface Water Pollution Control Program Grant in an amount not to exceed $4,000,000, plus any carry-over FY 1996-97 grant funds, and to negotiate the workplan.

WHEREAS:

1. The U.S. Environmental Protection Agency (U.S. EPA),

Region 9, has indicated that the FY 1997-98 Section 106 Surface Water Pollution Control Program Grant for California will not exceed $4,000,000.

2. The Section 106 grant for surface water pollution control programs assists the State Water Resources Control Board (SWRCB) in funding the implementation and maintenance of adequate measures for the prevention and abatement of water pollution and compliance and enforcement activities.

THEREFORE BE IT RESOLVED THAT:

The SWRCB authorizes the Executive Director or his designee to:

1. Apply for and accept the FY 1997-98 Section 106 Surface Water Pollution Control Program Grant in an amount not to exceed $4,000,000, plus any carry-over FY 1996-97 grant funds to assist in financing the State=s water pollution control programs.

2. Negotiate, approve, and/or amend the grant and the workplan.

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 May 14, 1997.