SB601 - Water: waste discharge.

Amended IN Assembly July 10, 2025 Amended IN Assembly June 25, 2025 Amended IN Senate May 23, 2025 Amended IN Senate May 05, 2025 Amended IN Senate April 21, 2025 Amended IN Senate April 08, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 601 Introduced by Senator Allen (Coauthor: Senator Gonzalez) (Coauthors: Assembly Members Connolly, Kalra, and Rogers) February 20, 2025 An act to amend Sections 13170, 13263, 13350, 13370, 13372, 13373, 13374, 13376, 13383.5, and 13385.1 of, to amend the heading of Chapter 5.5 (commencing with Section 13370) of Division 7 of, and to add Sections 13052, 13164.5, 13250, 13251, 13352, 13377.5, and 13385.5 to, the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST SB 601, as amended, Allen. Water: waste discharge. (1) Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the Porter-Cologne Water Quality Control Act (act) and the National Pollutant Discharge Elimination System (NPDES) permit program. Under the act, the State Water Resources Control Board is authorized to adopt water quality control plans for waters for which quality standards are required by the federal Clean Water Act, as specified, and that in the event of a conflict, those plans supersede regional water quality control plans for the same waters. This bill would delete the limitation on the state board’s authorization, and instead would authorize the state board to adopt water quality control plans for any waters of the state, which would include nexus waters, which the bill would define as all waters of the state that are not also navigable, except as specified. The bill would require any water quality standard applicable to nexus waters, which that was submitted to, and approved by, or is awaiting approval by, the United States Environmental Protection Agency or the state board that applied to nexus waters as of January 19, 2025, May 24, 2023, to remain in effect, except where the state board, regional board, or United States Environmental Protection Agency adopts a more stringent standard. as provided. The bill would require the state board and regional boards to include nexus waters in all processes pursuant to the federal Clean Water Act, Act processes, including, but not limited to, the California Integrated Report and the establishment of total maximum daily loads, as specified. (2) Existing law requires a regional board, after any necessary hearing, to prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge, except discharges into a community sewer system, with relation to the conditions existing in the disposal area or receiving waters upon, or into which, the discharge is made or proposed and sets forth what the requirements are to include. This bill would require the above-described discharge requirements to, in the case of discharges from any point source to nexus waters, implement the relevant federal standards. implement, at a minimum, the requirements of provisions implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto. (3) The act authorizes the imposition of civil penalties for violations of certain waste discharge requirements, including violation of a cease and desist order or a cleanup and abatement order, and requires that penalties imposed pursuant to these provisions be deposited into the Waste Discharge Permit Fund, to be expended by the state board, upon appropriation by the Legislature, for specified purposes related to water quality. For violations of certain other waste discharge requirements, the act imposes specified civil penalties, the proceeds of which are deposited into the continuously appropriated State Water Pollution Cleanup and Abatement Account. This bill would require, commencing January 1, 2026, and each calendar year thereafter, the state board’s executive director to adjust civil monetary penalties, as specified, including the civil penalties for the above-described provisions. The bill would require moneys collected in accordance with these annual adjustments to be deposited into the Penalty Adjustment Account, that the bill would establish within the Waste Discharge Permit Fund, and upon appropriation by the Legislature, be expended by the state board for purposes of cleaning up and abating the effects of waste on waters of the state. (4) Existing law generally provides for enforcement and implementation of the act. This bill would authorize specified entities, including the Attorney General and the state board, to bring an action to enforce certain provisions related to nexus waters or waste discharge requirements for nexus waters, as provided. (5) The act provides various provisions related to waste discharge to ensure consistency with the requirements for state programs implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto. The act defines the terms “navigable waters,” “administrator,” “pollutants,” “biological monitoring,” “discharge,” and “point sources” as having the same meanings as in the Federal Water Pollution Control Act. This bill would provide that “waste discharge requirements” include waste discharge requirements issued for discharges to nexus waters, and “discharge” includes discharges from any point source to nexus waters. any addition of a pollutant to a nexus water from any point source. The bill would provide that for purposes of compliance with the Federal Water Pollution Control Act, nexus waters shall be treated as though they are navigable waters and navigable waters of the United States. The bill would require waste discharge requirements adopted or amended for discharges to nexus waters to be adopted pursuant to and in accordance with the requirements of provisions implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto, as specified. (6) The act requires a person who discharges pollutants or proposes to discharge pollutants to the navigable waters of the United States within the jurisdiction of this state or a person who discharges dredged or fill material or proposes to discharge dredged or fill material into the navigable waters of the United States within the jurisdiction of this state to file a report of the discharge, except as specified. The act prohibits the discharge of pollutants or dredged or fill material or the operation of a publicly owned treatment works or other treatment works treating domestic sewage by any person, except as authorized by waste discharge requirements or dredged or fill material permits. This bill would require a person to file a report for discharges to nexus waters. The bill would apply the above-described prohibition to nexus waters. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 13052 is added to the Water Code, immediately following Section 13051, to read: 13052. As used in this division: (a) “Federal standards” means federal laws or federal regulations implementing the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.), including, but not limited to, water quality standards, effluent limitations, and drinking water standards in effect as of January 19, 2025. If, after January 19, 2025, those federal laws or regulations are modified to set a more stringent requirement, the more stringent requirements shall apply. (b) (a) “Nexus waters” means all waters of the state that are not also navigable waters, as defined in Section 13373, except for the following waters of the state: (1) Any waters of the state that were determined to be nonjurisdictional for purposes of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) by either the United States Environmental Protection Agency or a United States Army Corps of Engineers approved jurisdictional determination or verified aquatic resource delineation report prior to May 25, 2023. (2) Nonwetland tributaries that are tributary only to a water of the state that was determined to be nonjurisdictional pursuant to paragraph (1). (3) A wetland water of the state that is adjacent to, adjoining, or otherwise hydraulically connected only to a water of the state that was determined to be nonjurisdictional pursuant to paragraph (1). (4) A wetland water of the state that is not adjacent to, adjoining, or otherwise hydraulically connected to any nonwetland waters of the state. (5) A nonwetland water of the state that is not adjacent to, adjoining, or otherwise hydraulically connected to other waters of the state. (5) (6) Groundwater. (6) (7) Waste treatment systems, including treatment ponds or lagoons, designed to meet the requirements of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.). (7) (8) Prior converted cropland designated by the United States Secretary of Agriculture. (8) (9) Ditches, including roadside ditches, excavated wholly in and draining only dry land and that do not carry a relatively permanent flow of water. (9) (10) Artificially irrigated areas that would revert to dry land if the irrigation ceased. (10) (11) Artificial lakes or ponds created by excavating or diking dry land to collect and retain water and that are used exclusively for purposes such as stock watering, irrigation, settling basins, or rice growing. (11) (12) Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating or diking dry land to retain water for primarily aesthetic reasons. (12) (13) Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned. (13) (14) Swales and erosional features characterized by low-volume, infrequent, or short-duration flow. (15) Highly artificial and manufactured human-constructed water conveyance infrastructure, unless either of the following apply: (A) The water conveyance infrastructure channels, impounds, or replaces a naturally occurring body of water. (B) The water conveyance infrastructure flows to, or significantly affects the chemical, physical, or biological integrity of, a navigable water or a nexus water. (c) (b) “Nexus waters” does not include any wetland excluded from the definition of “waters of the state” as set forth in the “State Policy for Water Quality Control: State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State” as revised April 6, 2021, referenced in Section 2926 of Title 23 of the California Code of Regulations. SEC. 2. Section 13164.5 is added to the Water Code, to read: 13164.5. The state board shall include nexus waters in all processes pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1313(d)), 1313(d)) processes, including, but not limited to, the California Integrated Report and the establishment of total maximum daily loads. California Integrated Report listings and total maximum daily loads listed, established, or in process for nexus waters prior to January 19, 2025, shall continue in effect or development. SEC. 3. Section 13170 of the Water Code is amended to read: 13170. The state board may adopt water quality control plans in accordance with the provisions of Sections 13240 to 13244, inclusive. inclusive, insofar as they are applicable, for waters that water quality standards are required for by the Federal Water Pollution Control Act or for nexus waters as defined in Section 13052. Those plans, when adopted, supersede any regional water quality control plans for the same waters to the extent of any conflict. SEC. 4. Section 13250 is added to the Water Code, to read: 13250. Any water quality standard applicable to nexus waters, which that was submitted to, and approved by, or is awaiting approval by, the United States Environmental Protection Agency or the state board that applied to nexus waters as of January 19, 2025, May 24, 2023, shall remain in effect, except where the state board, regional board, or United States Environmental Protection Agency adopts a more stringent standard. and shall incorporate any modification adopted after that date pursuant to applicable state or federal law. SEC. 5. Section 13251 is added to the Water Code, to read: 13251. The regional boards shall include nexus waters in all processes pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1313(d)), 1313(d)) processes, including, but not limited to, the California Integrated Report and the establishment of total maximum daily loads. California Integrated Report listings and total maximum daily loads listed, established, or in process for nexus waters prior to January 19, 2025, shall continue in effect or development. SEC. 6. Section 13263 of the Water Code is amended to read: 13263. (a) (1) The regional board, after any necessary hearing, shall prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge, except discharges into a community sewer system, with relation to the conditions existing in the disposal area or receiving waters upon, or into which, the discharge is made or proposed. The requirements shall implement any relevant water quality control plans that have been adopted, and shall take into consideration the past, present, and probable future beneficial uses to be protected, the water quality objectives reasonably required for that purpose, other waste discharges, the provisions of Section 13241, and the need to prevent nuisance. In the case of discharges to nexus waters, the requirements shall implement the relevant federal standards. (2) For purposes of discharges from any point source, as defined in Section 13373, to nexus waters, the prescribed requirements shall, at a minimum, implement the requirements set forth in Chapter 5.5 (commencing with Section 13370) of this division, which shall control to the extent there is a conflict. The provisions of Section 13241 do not need to be considered, and the requirements for those discharges shall implement the relevant federal standards, which shall control to the extent there is a conflict. considered. (b) A regional board, in prescribing requirements, need not authorize the utilization of the full waste assimilation capacities of the receiving waters. (c) The r [Text truncated for display. Full text available on Congress.gov.]