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Bill Summary Details

Stormwater Management Systems (Support)

SB 686 (Gruters) and HB 405 (Good) direct the Department of Environmental Protection to adopt statewide environmental resource permitting rules for stormwater management in coordination with the water management districts. The bills direct the water management districts to adopt rules governing design and performance standards that increase the removal of nutrients from stormwater discharges from all new development and redevelopment projects, and direct DEP to incorporate the design and performance standards by reference for use within each district to ensure that new pollutant loadings are not discharged into water bodies. The bills direct that by December 2020, the department and districts shall amend the applicant’s handbook to include revised best management practices design criteria, low-impact design best management practices and design criteria that increase the removal of nutrients from stormwater discharges from all new development and redevelopment and measure for consistent application of net improvement performance standards to ensure that new pollutant loadings are not discharged into impaired water bodies. The bills provide for a rebuttable presumption that a stormwater system designed, constructed and maintained in accordance with the criteria adopted by the DEP and districts and a valid permit issued pursuant to such standards does not cause or contribute to violations of applicable water quality standards. The bills require training and assessment of government staff including coordination of field inspections of publicly and privately owned stormwater controls. The bills require the rules to be updated based on new scientific information by July 2021. Finally, the bills modify requirements for electronic self-certification by registered professionals for stormwater system permits serving project areas of 10 acres or less. (O’Hara)