10/12/99

STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING--DIVISION OF WATER QUALITY

October 21, 1999

ITEM16

SUBJECT

CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO ACCEPT A FEDERAL CLEAN WATER ACT SECTION 319(h) GRANT, APPROVING THE PROJECT PRIORITY LIST, AND AUTHORIZING EXECUTION AND AMENDMENT OF CONTRACTS TO IMPLEMENT THE PROJECTS

DISCUSSION

Federal Clean Water Act (CWA) section 319(h) provides grants to states to implement Nonpoint Source (NPS) Management Programs.It is anticipated that approximately $11,000,000 will be available to California under section 319(h) for Federal Fiscal Year (FFY) 2000.The State Water Resources Control Board (SWRCB) has already received a grant for FFY 1999.Funds from FFY 1999 and 2000 will be used to implement NPS projects on the proposed priority list (Attachment) and support NPS activities performed by Regional Water Quality Control Board (RWQCB) and SWRCB staffs.

Starting in 1997, the sections 205(j) and 319(h) grants process has been coordinated with the Watershed Management Initiative (WMI).On March 12, 1999, a Request for Proposal (RFP) was released to formally initiate the solicitation process.The RFP clearly described the coordinated sections 205(j) and 319(h) grants allocation process.Project proponents were directed to work with the RWQCBs or Division of Water Quality (DWQ) prior to submittal of the final proposals.

The deadline for submittal of proposed projects was June 11, 1999.Subsequently, the respective RWQCB and DWQ organizations reviewed and ranked the proposals in accordance with the WMI Chapters and the process specified in the RFP.The organizations’ rankings were submitted to the WMI Work Group and WMI Committee for compilation of the recommended statewide priority list.

The WMI Committee consists of the managers of the nine RWQCBs, DWQ, and U.S. Environmental Protection Agency’s (USEPA) Water Division.The WMI Committee’s priority list was reviewed and accepted by the Executive Committee prior to its submittal to the SWRCB for consideration of approval.The projects presented in the Attachment are listed in recommended priority order and at a proposed funding level.

In October 1998, Congress substantially increased the CWA section 319(h) grant funding program in support of the President’s Clean Water Action Plan (CWAP).As required by the CWAP, these funds must be utilized to support the implementation of restoration actions called for in Watershed Restoration Action strategies for Priority Category 1 watersheds as identified in the California Unified Watershed Assessment. Significant portions of the CWA section 319(h) grant funds to support the 1999 project list are CWAP funds.The attached project priority list is split into two groups, those that are eligible for CWAP funds (CWAP Eligible) and those not eligible for CWAP funds (NON-CWAP ELIGIBLE).The final number of projects funded from this year’s list is dependent on Congressional appropriations for FFY 2000. Staff estimates $1.0 million will be available to fund the
Non-CWAP eligible projects and approximately $6.5 million to fund the CWAP eligible proposals.

POLICY ISSUE

Should the SWRCB adopt a resolution: 

1.Approving theattached NPS project priority list.The project priority list will be submitted to USEPA for funding withFFY 1999 and 2000 CWA section 319(h) resources,

2.Authorizing the Executive Director, of his designee, to apply for, accept, and amend, if appropriate, FFY 2000 CWA section 319(h) grant for an amount up to $11,000,000 for support of the NPS Program,

3.Authorizing the Executive Director, or his designee, to negotiate and approve program workplans, and

4.Authorizing the Executive Director, or his designee, to negotiate and execute contracts and amendments to implement the projects after advising the SWRCB of the final FFY 2000 CWA section 319(h) grant allocation and the number of NPS projects on the priority list that can be funded?

FISCAL IMPACT

Existing NPS Program budget authority is not currently adequate to accommodate the anticipated grant.The Budget Office will continue to work with the NPS Program to ensure that there is sufficient budget authority to expend the grant.

RWQCB IMPACT

Yes.All RWQCBs.

STAFF RECOMMENDATION

That the SWRCB adopt a resolution:

1.Approving the attached NPS project priority list.The project priority list will be submitted to USEPA for funding with FFY 1999 and 2000 CWA section 319(h) resources,

2.Authorizing the Executive Director, or his designee, to apply for, accept, and amend, if appropriate, FFY 2000 CWA section 319(h) grant for an amount up to $11,000,000 for support of the NPS Program,

3.Authorizing the Executive Director, or his designee, to negotiate and approve program workplans, and

4.Authoring the Executive Director, or his designee, to negotiate and execute contracts and amendments to implement the projects after advising the SWRCB of the final FFY 2000 SWA section 319(h) grant allocation and the number of NPS projects on the priority list that can be funded.

NOTE:  The Project Priority List is not electronically available.  For a copy, please contact Monica Torres, Division of Water Quality, at (916) 657-1132.

_____________________________________________________________________________________________

October 12, 1999DRAFT

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 99-

AUTHORIZING THE EXECUTIVE DIRECTOR TO ACCEPT A FEDERAL

CLEAN WATER ACT SECTION 319(h) GRANT, APPROVING THE

PROJECT PRIORITY LIST, AND AUTHORIZING EXECUTION AND

AMENDMENT OF CONTRACTS TO IMPLEMENT THE PROJECTS

WHEREAS:

1.The Federal Clean Water Act (CWA) section 319(h) provides grant funds for states to implement nonpoint source (NPS) management programs.

2.The State Water Resources Control Board (SWRCB) is the designated State agency in California to administer the NPS Program.

3.The SWRCB approved an NPS Management Plan on November 15, 1988 which included activities that the SWRCB and the nine Regional Water Quality Control Boards (RWQCBs) will undertake to control NPS pollution.

4.On June 22, 1995, the SWRCB adopted its Strategic Plan which requires the implementation of a Watershed Management Initiative (WMI) and coordination of many SWRCB/RWQCB activities under the WMI.

5.The U.S. Environmental Protection Agency (USEPA) has notified the SWRCB that the Federal Fiscal Year (FFY) 2000 CWA section 319(h) grant allocation will not exceed $11,000,000.

6.The SWRCB has already received the FFY 1999 CWA section 319(h) grant to partially fund the project priority list.

7.Clean Water Action Plan funds must be utilized to support the implementation of restoration actions in Priority Category I Watersheds.

8.The SWRCB’s NPS Section distributed a Request for Proposals (RFP) on March 12, 1999 soliciting grant-funded NPS projects.

9.A recommended NPS project priority list (Attachment) was prepared by SWRCB and RWQCBs staffs using the WMI Process in accordance with the RFP specifications.

THEREFORE BE IT RESOLVED THAT:

The SWRCB:

1.Approves the attached NPS project priority list.The project priority list will be submitted to USEPA for funding with FFY 1999 and 2000 CWA section 319(h) resources,

2.Authorizes the Executive Director, or his designee, to apply for, accept, and amend, if appropriate, FFY 2000 CWA section 319(h) grant for an amount up to $11,000,000 for support of the NPS Program,

3.Authorizes the Executive Director, or his designee, to negotiate and approve program workplans, and

4.Authorizes the Executive Director, or his designee, to negotiate and execute contracts and amendments to implement the projects after advising the SWRCB of the final FFY 2000 CWA section 319(h) grant allocation and the number of NPS projects on the priority list that can be funded.

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 October 21, 1999.

_____________________________________

Maureen Marché

Administrative Assistant to the Board