Agenda Item 15 M9/97

STATE WATER RESOURCES CONTROL BOARD MEETING

SACRAMENTO, CALIFORNIA

SEPTEMBER 18, 1997

ITEM: 15

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

DISCUSSION:
Section 205(j) of the Federal Clean Water Act (CWA) allocates funds to states to conduct water quality management planning projects. Beginning in Federal Fiscal Year (FFY) 1989, Section 604(b) supplemented Section 205(j)(2) to maintain funding for water quality management planning activities. The State Water Resources Control Board (SWRCB) is the agency in California designated to administer the water quality management planning program. Eleven phases of the program have been implemented to date, funding a total of 145 projects at a cost of $16.3 million.

On February 14, 1997, the SWRCB issued a Request for Proposals (RFP) for watershed management planning and implementation projects. In response to the RFP, 33 proposals were submitted for consideration for the Phase XII water quality planning projects. Proposals were reviewed and evaluated by the appropriate Regional Water Quality Control Board (RWQCB), the Nonpoint Source Interagency Advisory Committee, and the Watershed Management Initiative Committee (consisting of RWQCB, SWRCB, and U.S. Environmental Protection Agency management) using criteria specified in the February 14, 1997 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 XII projects will be obtained from the FFY 1998 Federal appropriation. It is estimated that of a total appropriation of approximately

$0.7 million, $0.5 million will be available for projects for FFY 1998 under Section 604(b).

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) and appropriate Interstate Organizations (IOs) for development of water quality management plans. For Phase XII, the SWRCB must allocate a minimum of $309,845 in FFY 1998 to RPCPO/IO projects. Since Federal funding for this program is uncertain, applications were restricted to local public agencies and special districts.

POLICY

ISSUE:

Should the SWRCB adopt a resolution:

1. Establishing a 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 1998 Phase XII 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 XII 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 up to $0.5 million for project funding from the FFY 1998 allocation. Costs for the SWRCB's administration of the grant are deducted from the total amount available to the SWRCB. Acceptance of the grant may require a Section 28 letter to establish additional budget authority.

RWQCB

IMPACT:
Yes

STAFF

RECOMMEN-

DATION:

That the SWRCB adopt a resolution:

1. Establishing the attached priority list for Section 205(j) Phase XII 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 1998 Phase XII 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 XII 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.

Note: The Water Quality Management Planning Program Section 205(j) Phase XII Draft Project List is not available electronically. For copies, contact:

H. Paul Lillebo/Division of Water Quality/SWRCB/P.O. Box 944213 Sacramento, CA 94244-2130/(916) 657-1031 or FAX (916) 654-8375

September 9, 1997 DRAFT

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 97-

APPROVAL OF THE CLEAN WATER ACT SECTION 205(j) PHASE XII WATER QUALITY MANAGEMENT PLANNING PROJECT PRIORITY LIST

WHEREAS:

1. Section 205(j) of the Federal Clean Water Act (CWA) allows 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 funding for water quality management planning projects.

2. The State Water Resources Control Board (SWRCB) is the designated State agency in California to administer the water quality management planning program.

3. It is estimated that up to $0.5 million will be available in FFY 1998 for funding the water quality management planning program projects from CWA, Section 604(b).

4. Thirty three proposals were received in response to the SWRCB February 14, 1997 Request for Proposals (RFP) for the Phase XII water quality management planning program.

5. 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.

6. Following a thorough evaluation process, including public participation, the SWRCB has selected projects that will be fully considered for Phase XII 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 XII 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. Authorizes the Executive Director, or his designee, to apply for and accept the FFY 1998 Phase XII water quality management planning project grant.

4. Authorizes the Executive Director, or his designee, to approve the final Phase XII 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 18, 1997.

____________________________________

Maureen Marché

Administrative Assistant to the Board

ITEM:	15
SUBJECT:	CONSIDERATION OF APPROVAL OF THE CLEAN WATER ACT SECTION 205(j) PHASE XII WATER QUALITY MANAGEMENT PLANNING PROJECT PRIORITY LIST
DISCUSSION:	Section 205(j) of the Federal Clean Water Act (CWA) allocates funds to states to conduct water quality management planning projects. Beginning in Federal Fiscal Year (FFY) 1989, Section 604(b) supplemented Section 205(j)(2) to maintain funding for water quality management planning activities. The State Water Resources Control Board (SWRCB) is the agency in California designated to administer the water quality management planning program. Eleven phases of the program have been implemented to date, funding a total of 145 projects at a cost of $16.3 million. On February 14, 1997, the SWRCB issued a Request for Proposals (RFP) for watershed management planning and implementation projects. In response to the RFP, 33 proposals were submitted for consideration for the Phase XII water quality planning projects. Proposals were reviewed and evaluated by the appropriate Regional Water Quality Control Board (RWQCB), the Nonpoint Source Interagency Advisory Committee, and the Watershed Management Initiative Committee (consisting of RWQCB, SWRCB, and U.S. Environmental Protection Agency management) using criteria specified in the February 14, 1997 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 XII projects will be obtained from the FFY 1998 Federal appropriation. It is estimated that of a total appropriation of approximately $0.7 million, $0.5 million will be available for projects for FFY 1998 under Section 604(b). 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) and appropriate Interstate Organizations (IOs) for development of water quality management plans. For Phase XII, the SWRCB must allocate a minimum of $309,845 in FFY 1998 to RPCPO/IO projects. Since Federal funding for this program is uncertain, applications were restricted to local public agencies and special districts.
POLICY ISSUE:	Should the SWRCB adopt a resolution: 1. Establishing a 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 1998 Phase XII 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 XII 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 up to $0.5 million for project funding from the FFY 1998 allocation. Costs for the SWRCB's administration of the grant are deducted from the total amount available to the SWRCB. Acceptance of the grant may require a Section 28 letter to establish additional budget authority.
RWQCB IMPACT:	Yes
STAFF RECOMMEN- DATION:	That the SWRCB adopt a resolution: 1. Establishing the attached priority list for Section 205(j) Phase XII 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 1998 Phase XII 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 XII 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.

1.	Section 205(j) of the Federal Clean Water Act (CWA) allows 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 funding for water quality management planning projects.
2.	The State Water Resources Control Board (SWRCB) is the designated State agency in California to administer the water quality management planning program.
3.	It is estimated that up to $0.5 million will be available in FFY 1998 for funding the water quality management planning program projects from CWA, Section 604(b).
4.	Thirty three proposals were received in response to the SWRCB February 14, 1997 Request for Proposals (RFP) for the Phase XII water quality management planning program.
5.	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.
6.	Following a thorough evaluation process, including public participation, the SWRCB has selected projects that will be fully considered for Phase XII funding contingent on availability of funds and development of acceptable workplans and contractual agreements.

1.	Establishes the attached priority list for Section 205(j) Phase XII 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.	Authorizes the Executive Director, or his designee, to apply for and accept the FFY 1998 Phase XII water quality management planning project grant.
4.	Authorizes the Executive Director, or his designee, to approve the final Phase XII 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.