AMENDED IN ASSEMBLY JULY 10, 2025

AMENDED IN ASSEMBLY JUNE 25, 2025

AMENDED IN SENATE MAY 23, 2025

AMENDED IN SENATE MAY 5, 2025

AMENDED IN SENATE APRIL 21, 2025

AMENDED IN SENATE APRIL 8, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

93

Introduced by Senator Allen

(Coauthor: Senator Gonzalez)

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.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

(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 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) “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.

(6) Groundwater.

(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.).

(8) Prior converted cropland designated by the United States Secretary of Agriculture.

(9) Ditches, including roadside ditches, excavated wholly in and draining only dry land and that do not carry a relatively permanent flow of water.

(10) Artificially irrigated areas that would revert to dry land if the irrigation ceased.

(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.

(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.

(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.

(14) Swales and erosional features characterized by low-volume, infrequent, or short-duration flow.

(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 requirements may contain a time schedule, subject to revision in the discretion of the board.

(d) The regional board may prescribe requirements although no discharge report has been filed.

(e) Upon application by any affected person, or on its own motion, the regional board may review and revise requirements. All requirements shall be reviewed periodically.

(f) The regional board shall notify in writing the person making or proposing the discharge or the change therein of the discharge requirements to be met. After receipt of the notice, the person so notified shall provide adequate means to meet the requirements.

(g) No discharge of waste into the waters of the state, whether or not the discharge is made pursuant to waste discharge requirements, shall create a vested right to continue the discharge. All discharges of waste into waters of the state are privileges, not rights.

(h) The regional board may incorporate the requirements prescribed pursuant to this section into a master recycling permit for either a supplier or distributor, or both, of recycled water.

(i) The state board or a regional board may prescribe general waste discharge requirements for a category of discharges if the state board or that regional board finds or determines that all of the following criteria apply to the discharges in that category:

(1) The discharges are produced by the same or similar operations.

(2) The discharges involve the same or similar types of waste.

(3) The discharges require the same or similar treatment standards.

(4) The discharges are more appropriately regulated pursuant to general discharge requirements than individual discharge requirements.

(j) The state board, after any necessary hearing, may prescribe waste discharge requirements in accordance with this section.

SEC. 7.

Section 13350 of the Water Code is amended to read:

13350.

(a) A person who violates a cease and desist order, cleanup and abatement order, waste discharge requirement, waiver condition, certification, or other order or prohibition issued, reissued, or amended by a regional board or the state board, or causes or permits any oil or any residuary product of petroleum to be deposited into or on any of the waters of the state, except in accordance with waste discharge requirements or other actions or provisions of this division, shall be liable civilly, and remedies may be proposed, in accordance with subdivision (d) or (e).

(b) (1) A person who, without regard to intent or negligence, causes or permits a hazardous substance to be discharged in or on any of the waters of the state, except in accordance with waste discharge requirements or other provisions of this division, shall be strictly liable civilly in accordance with subdivision (d) or (e).

(2) For purposes of this subdivision, the term “discharge” includes only those discharges for which Section 13260 directs that a report of waste discharge shall be filed with the regional board.

(3) For purposes of this subdivision, the term “discharge” does not include an emission excluded from the applicability of Section 311 of the federal Clean Water Act (33 U.S.C. Sec. 1321) pursuant to United States Environmental Protection Agency regulations interpreting Section 311(a)(2) of the federal Clean Water Act (33 U.S.C. Sec. 1321(a)(2)).

(c) A person shall not be liable under subdivision (b) if the discharge is caused solely by any one or combination of the following:

(1) An act of war.

(2) An unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.

(3) Negligence on the part of the state, the United States, or any department or agency thereof. However, this paragraph shall not be interpreted to provide the state, the United States, or any department or agency thereof a defense to liability for any discharge caused by its own negligence.

(4) An intentional act of a third party, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.

(5) Any other circumstance or event that causes the discharge despite the exercise of every reasonable precaution to prevent or mitigate the discharge.

(d) The court may impose civil liability either on a daily basis or on a per gallon basis, but not on both.

(1) The civil liability on a daily basis shall not exceed fifteen thousand dollars ($15,000) for each day the violation occurs.

(2) The civil liability on a per gallon basis shall not exceed twenty dollars ($20) for each gallon of waste discharged.

(e) The state board or a regional board may impose civil liability administratively pursuant to Article 2.5 (commencing with Section 13323) either on a daily basis or on a per gallon basis, but not on both.

(1) The civil liability on a daily basis shall not exceed five thousand dollars ($5,000) for each day the violation occurs.

(A) When there is a discharge, and a cleanup and abatement order is issued, except as provided in subdivision (f), the civil liability shall not be less than five hundred dollars ($500) for each day in which the discharge occurs and for each day the cleanup and abatement order is violated.

(B) When there is no discharge, but a cease and desist order or cleanup and abatement order issued by the regional board is violated, except as provided in subdivision (f), the civil liability shall not be less than one hundred dollars ($100) for each day in which the violation occurs.

(2) The civil liability on a per gallon basis shall not exceed ten dollars ($10) for each gallon of waste discharged.

(f) A regional board shall not administratively impose civil liability in accordance with paragraph (1) of subdivision (e) in an amount less than the minimum amount specified, unless the regional board makes express findings setting forth the reasons for its action based upon the specific factors required to be considered pursuant to Section 13327.

(g) The Attorney General, upon request of a regional board or the state board, shall petition the superior court to impose, assess, and recover the sums. Except in the case of a violation of a cease and desist order, a regional board or the state board shall make the request only after a hearing, with due notice of the hearing given to all affected persons. In determining the amount to be imposed, assessed, or recovered, the court shall be subject to Section 13351.

(h) Article 3 (commencing with Section 13330) and Article 6 (commencing with Section 13360) apply to proceedings to impose, assess, and recover an amount pursuant to this article.

(i) A person who incurs any liability established under this section shall be entitled to contribution for that liability from a third party, in an action in the superior court and upon proof that the discharge was caused in whole or in part by an act or omission of the third party, to the extent that the discharge is caused by the act or omission of the third party, in accordance with the principles of comparative fault.

(j) Remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal, except that no liability shall be recoverable under subdivision (a) for a violation for which liability is recovered under Section 13268 or under subdivision (b) for any discharge for which liability is recovered under Section 13385.

(k) Notwithstanding any other law, all funds generated by the imposition of liabilities pursuant to this section shall be deposited into the Waste Discharge Permit Fund. These moneys shall be separately accounted for, and shall be expended by the state board, upon appropriation by the Legislature, to assist regional boards, and other public agencies with authority to clean up waste or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state, or for the purposes authorized in Section 13443, or to assist in implementing Chapter 7.3 (commencing with Section 13560).

SEC. 8.

Section 13352 is added to the Water Code, to read:

13352.

(a) Commencing January 1, 2026, and each calendar year thereafter, the state board’s executive director shall adjust civil monetary penalties in accordance with this section.

(b) The adjustment for inflation pursuant to this section shall be determined by increasing the maximum civil monetary penalty or the range of minimum and maximum civil monetary penalties, as applicable, for each civil monetary penalty by the cost-of-living adjustment. Any increase determined pursuant to this subdivision shall be rounded to the nearest multiple of one dollar ($1).

(c) For purposes of subdivision (b), “cost-of-living adjustment” means the percentage, if any, for each civil monetary penalty by which the Consumer Price Index for the month of October preceding the date of the adjustment exceeds the Consumer Price Index for the month of October one year before the month of October preceding the date of the adjustment.

(d) The cost-of-living adjustment described in subdivision (b) shall be applied to the amount of the civil monetary penalty as it was most recently established or adjusted.

(e) The amount of the increase in a civil monetary penalty under subdivision (a) shall not exceed 150 percent of the amount of that civil monetary penalty from the previous year, except for the first adjustment.

(f) Any increase under this section in a civil monetary penalty shall apply only to civil monetary penalties, including those whose associated violation predated that increase, which are assessed after the date the increase takes effect.

(g) For purposes of this section, “civil monetary penalties” means the civil penalty or liability provided for in Sections 13261, 13265, 13268, 13308, 13350, 13385, 13385.1, 13399.33, 13497, 13498, 13499, 13529.4, 13611, 13627.1, 13627.2, and 13627.3.

(h) Notwithstanding any other law, moneys collected in accordance with this section shall be deposited into the Penalty Adjustment Account, which is hereby established in the Waste Discharge Permit Fund. The funds in the account shall be expended by the state board, upon appropriation by the Legislature, to assist regional boards and other public agencies with authority to clean up waste or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state or for purposes authorized in Section 13443.

SEC. 9.

The heading of Chapter 5.5 (commencing with Section 13370) of Division 7 of the Water Code is amended to read:

Chapter 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 and Protection of Nexus Waters

SEC. 10.

Section 13370 of the Water Code is amended to read:

13370.

The Legislature finds and declares as follows:

(a) The Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.), as amended, provides for permit systems to regulate the discharge of pollutants and dredged or fill material to the navigable waters of the United States and to regulate the use and disposal of sewage sludge.

(b) The Federal Water Pollution Control Act, as amended, provides that permits may be issued by states that are authorized to implement the provisions of that act.

(c) It is in the interest of the people of the state, in order to avoid direct regulation by the federal government of persons already subject to regulation under state law pursuant to this division, to enact this chapter in order to authorize the state to implement the provisions of the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto, and federal regulations and guidelines issued pursuant thereto, provided, that the state board shall request federal funding under the Federal Water Pollution Control Act for the purpose of carrying out its responsibilities under this program.

(d) It is in the interest of the people of the state to restore and retain protections previously afforded to certain waters of the state prior to May 25, 2023, nexus waters under the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto, and federal regulations and guidelines issued pursuant thereto, regardless of actions taken at the federal level. level to redefine waters of the United States pursuant to Section 328.3 of Title 33 of, and Section 120.2 of Title 40 of, the Code of Federal Regulations.

SEC. 11.

Section 13372 of the Water Code is amended to read:

13372.

(a) This chapter shall be construed to ensure consistency with the requirements for state programs implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto, as applicable. To the extent other provisions of this division are consistent with the provisions of this chapter and with the applicable requirements for state programs implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto, those provisions apply to actions and procedures provided for in this chapter. The provisions of this chapter shall prevail over other provisions of this division to the extent of any inconsistency. The provisions of this chapter apply only to actions required under the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto and to actions required under the Federal Water Pollution Control Act prior to May 25, 2023. except as otherwise authorized for point source discharges of pollutants to nexus waters in this chapter.

(b) The provisions of Section 13376 requiring the filing of a report for the discharge of dredged or fill material and the provisions of this chapter relating to the issuance of dredged or fill material permits by the state board or a regional board shall be applicable only to discharges for which the state has an approved permit program, in accordance with the provisions of the Federal Water Pollution Control Act, as amended, for the discharge of dredged or fill material.

SEC. 12.

Section 13373 of the Water Code is amended to read:

13373.

(a) The terms “navigable waters,” “administrator,” “pollutants,” “biological monitoring,” “discharge,” and “point sources” as used in this chapter shall have the same meanings as in the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto.

(b) For purposes of this chapter, nexus waters shall be treated as though they are navigable waters and navigable waters of the United States.

(c) “Discharge” shall include discharges from any point source to nexus waters. have the same meaning as in the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) and acts amendatory thereof or supplementary thereto, and shall also mean any addition of any pollutant to a nexus water from any point source.

SEC. 13.

Section 13374 of the Water Code is amended to read:

13374.

(a) The term “waste discharge requirements” as referred to in this division is the equivalent of the term “permits” as used in the Federal Water Pollution Control Act, as amended.

(b) For purposes of this chapter, “waste discharge requirements” shall include waste discharge requirements issued for discharges to nexus waters.

SEC. 14.

Section 13376 of the Water Code is amended to read:

13376.

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 shall file a report of the discharge in compliance with the procedures set forth in Section 13260. Unless required by the state board or a regional board, and except for discharges to nexus waters, a report need not be filed under this section for discharges that are not subject to the permit application requirements of the Federal Water Pollution Control Act, as amended. A person who proposes to discharge pollutants or dredged or fill material or to operate a publicly owned treatment works or other treatment works treating domestic sewage shall file a report at least 180 days in advance of the date on which it is desired to commence the discharge of pollutants or dredged or fill material or the operation of the treatment works. A person who owns or operates a publicly owned treatment works or other treatment works treating domestic sewage, which treatment works commenced operation before January 1, 1988, and does not discharge to navigable waters of the United States, shall file a report within 45 days of a written request by a regional board or the state board, or within 45 days after the state has an approved permit program for the use and disposal of sewage sludge, whichever occurs earlier. 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, is prohibited. This prohibition does not apply to discharges or operations if a state or federal permit is not required under the Federal Water Pollution Control Act, as amended, except in the case of discharges to nexus waters.

SEC. 15.

Section 13377.5 is added to the Water Code, to read:

13377.5.

(a) Notwithstanding any other provision of this division, waste discharge requirements adopted or amended for discharges to nexus waters shall be adopted pursuant to and in accordance with the requirements of this chapter.

(b) Notwithstanding any other provision of this division, waste discharge requirements for discharges to nexus waters that are not also Federal Water Pollution Control Act permits shall be shall implement limitations at least as stringent as any analogous Federal Water Pollution Control Act permits, including with respect to total maximum daily load-based effluent limitations and effluent standards or limitations necessary to implement water quality control plans, or for the protection of beneficial uses, or to prevent nuisance. limitations.

(c) Discharges to nexus waters shall not be authorized through waivers of waste discharge requirements.

(d) Notwithstanding any other law in this division, waste discharge requirements for discharges of dredged or fill material to nexus waters that are wetlands shall be issued in accordance with the “State Policy for Water Quality Control: State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State” referenced in Section 2926 of Title 23 of the California Code of Regulations. In the event of a conflict, the provisions of 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 shall control.

SEC. 16.

Section 13383.5 of the Water Code is amended to read:

13383.5.

(a) As used in this section, “regulated municipalities and industries” means the categories of municipalities and industries required to obtain a stormwater permit under Section 402(p) of the federal Clean Water Act (33 U.S.C. Sec. 1342(p)) and implementing regulations, including industries required to obtain a stormwater permit for discharges prior to May 25, 2023. regulations.

(b) This section only applies to regulated municipalities that were subject to a stormwater permit on or before December 31, 2001, and to regulated industries that are subject to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities.

(c) Before January 1, 2003, the state board shall develop minimum monitoring requirements for each regulated municipality and minimum standard monitoring requirements for regulated industries. This program shall include, but is not limited to, all of the following:

(1) Standardized methods for collection of stormwater samples.

(2) Standardized methods for analysis of stormwater samples.

(3) A requirement that every sample analysis under this program be completed by a state certified laboratory or by the regulated municipality or industry in the field in accordance with the quality assurance and quality control protocols established pursuant to this section.

(4) A standardized reporting format.

(5) Standard sampling and analysis programs for quality assurance and quality control.

(6) Minimum detection limits.

(7) Annual reporting requirements for regulated municipalities and industries.

(8) For the purposes of determining constituents to be sampled for, sampling intervals, and sampling frequencies, to be included in a municipal stormwater permit monitoring program, the regional board shall consider the following information, as the regional board determines to be applicable:

(A) Discharge characterization monitoring data.

(B) Water quality data collected through the permit monitoring program.

(C) Applicable water quality data collected, analyzed, and reported by federal, state, and local agencies, and other public and private entities.

(D) Any applicable listing under Section 303(d) of the federal Clean Water Act (33 U.S.C. Sec. 1313) or Section 13251 of this code.

(E) Applicable water quality objectives and criteria established in accordance with the regional board basin plans, statewide plans, and federal regulations.

(F) Reports and studies regarding source contribution of pollutants in runoff not based on direct water quality measurements.

(d) The requirements prescribed pursuant to this section shall be included in all stormwater permits for regulated municipalities and industries that are reissued following development of the requirements described in subdivision (c). Those permits shall include these provisions on or before July 1, 2008. In a year in which the Legislature appropriates sufficient funds for that purpose, the state board shall make available to the public via the internet a summary of the results obtained from stormwater monitoring conducted in accordance with this section.

SEC. 17.

Section 13385.1 of the Water Code is amended to read:

13385.1.

(a) (1) For the purposes of subdivision (h) of Section 13385, a “serious violation” also means a failure to file a discharge monitoring report required pursuant to Section 13383 for each complete period of 30 days following the deadline for submitting the report, if the report is designed to ensure compliance with limitations contained in waste discharge requirements that contain effluent limitations. This paragraph applies only to violations that occur on or after January 1, 2004.

(2) (A) Notwithstanding paragraph (1), a failure to file a discharge monitoring report is not a serious violation for purposes of subdivision (h) of Section 13385 at any time prior to the date a discharge monitoring report is required to be filed or within 30 days after receiving written notice from the state board or a regional board of the need to file a discharge monitoring report, if the discharger submits a written statement to the state board or the regional board that includes both of the following:

(i) A statement that there were no discharges reportable under the applicable waste discharge requirements during the relevant monitoring period.

(ii) The reason or reasons the required report was not submitted to the regional board by the deadline for filing that report.

(B) Upon the request of the state board or regional board, the discharger may be required to support the statement with additional explanation or evidence.

(C) If, in a statement submitted pursuant to subparagraph (A), the discharger willfully states as true any material fact that the discharger knows to be false, that person shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). Any public prosecutor may bring an action for a civil penalty under this subparagraph in the name of the people of the State of California, and the penalty imposed shall be enforced as a civil judgment.

(D) Notwithstanding subparagraph (A), the failure to file a discharge monitoring report is subject to penalties in accordance with subdivisions (c) and (e) of Section 13385.

(b) (1) Notwithstanding paragraph (1) of subdivision (a), a mandatory minimum penalty shall continue to apply and shall be assessed pursuant to subdivision (h) of Section 13385, but only for each required report that is not timely filed, and shall not be separately assessed for each 30-day period following the deadline for submitting the report, if both of the following conditions are met:

(A) The discharger did not on any occasion previously receive, from the state board or a regional board, a complaint to impose liability pursuant to subdivision (b) or (c) of Section 13385 arising from a failure to timely file a discharge monitoring report, a notice of violation for failure to timely file a discharge monitoring report, or a notice of the obligation to file a discharge monitoring report required pursuant to Section 13383, in connection with its corresponding waste discharge requirements.

(B) The discharges during the period or periods covered by the report do not violate effluent limitations, as defined in subdivision (d), contained in waste discharge requirements.

(2) Paragraph (1) shall only apply to a discharger who does both of the following:

(A) Files a discharge monitoring report that had not previously been timely filed within 30 days after the discharger receives written notice, including notice transmitted by electronic mail, from the state board or regional board concerning the failure to timely file the report.

(B) Pays all penalties assessed by the state board or regional board in accordance with paragraph (1) within 30 days after an order is issued to pay these penalties pursuant to Section 13385.

(3) Notwithstanding paragraph (1), the failure to file a discharge monitoring report is subject to penalties in accordance with subdivisions (c) and (e) of Section 13385.

(4) This subdivision shall become inoperative on January 1, 2014.

(c) (1) Notwithstanding any other provision of law, moneys collected pursuant to this section for a failure to timely file a report, as described in subdivision (a), shall be deposited into the State Water Pollution Cleanup and Abatement Account.

(2) Notwithstanding Section 13340 of the Government Code, the funds described in paragraph (1) are continuously appropriated, without regard to fiscal years, to the state board for expenditure by the state board to assist regional boards, and other public agencies with authority to clean up waste or abate the effects of the waste, in responding to significant water pollution problems.

(d) For the purposes of this section, paragraph (2) of subdivision (f) of Section 13385, and subdivisions (h), (i), and (j) of Section 13385 only, “effluent limitation” means a numeric restriction or a numerically expressed narrative restriction, on the quantity, discharge rate, concentration, or toxicity units of a pollutant or pollutants that may be discharged from an authorized location. An effluent limitation may be final or interim, and may be expressed as a prohibition. An effluent limitation, for those purposes, does not include a receiving water limitation, a compliance schedule, or a best management practice.

(e) The amendments made to this section by Senate Bill 1284 of the 2009–10 Regular Session of the Legislature shall apply to violations for which an administrative civil liability complaint or a judicial complaint has not been filed before July 1, 2010, without regard to the date on which the violations occurred.

SEC. 18.

Section 13385.5 is added to the Water Code, to read:

13385.5.

(a) (1) An action to enforce this chapter related to nexus waters, Section 13264 related to nexus waters, or waste discharge requirements pursuant to this chapter for nexus waters may be brought by the Attorney General, the state board, the applicable regional board, or brought by a district attorney, county counsel, or city attorney.

(2) In addition to any other remedies available by law, a court may award injunctive relief.

(b) The court shall award a prevailing plaintiff its reasonable attorney’s fees and costs, including expert witness fees and costs.

(c) (1) A district attorney, county counsel, or city attorney shall provide a 30-day notice to the Attorney General, state board, and applicable regional board before prosecuting an action pursuant to this section. A public prosecutor’s failure to provide this notice shall not constitute a defense to the action.

(2) The Attorney General, state board, or applicable regional board may respond to a notice by a district attorney, county counsel, or city attorney indicating that an action has, or will be, commenced. An action by a district attorney, county counsel, or city attorney shall not be commenced pursuant to this section if the Attorney General, state board, or applicable regional board is diligently prosecuting an enforcement proceeding against the alleged violator for the same violation.

(d) (1) An entity authorized to bring an action pursuant to subdivision (a) may seek the imposition of civil penalties, in an amount not to exceed seventy-five thousand dollars ($75,000) per day per violation of this chapter related to nexus waters or of waste discharge requirements for nexus waters pursuant to this chapter.

(2) In determining the amount of penalties to be imposed, the court shall consider the factors specified in Section 13351.

(e) Penalties assessed and recovered in a civil action brought pursuant to this section shall be deposited into the Waste Discharge Permit Fund. Those moneys shall be expended by the state board, upon appropriation by the Legislature, to assist regional boards, and other public agencies with authority to clean up waste or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state or for the purposes authorized in Section 13443.

(f) This section does not limit other remedies and protections available under state or federal law.

SEC. 19.

This bill is not intended to modify or weaken existing protections. In the event of a conflict between the provisions of this bill and any existing state law or regulation, the more stringent provision shall prevail.

SEC. 20.

The provisions of this bill are severable. If any provision of this bill or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.