California Water Code

§ 16103

WAT § 16103 Effective Jan 1, 2010Div. 7 · Ch. 27

Statute text

(a)In addition to making use of other financing mechanisms that are available to local agencies to fund watershed improvement plans and plan measures and facilities, a county, city, special district, or combination thereof may impose fees on activities that generate or contribute to runoff, stormwater, or surface runoff pollution, to pay the costs of the preparation of a watershed improvement plan, and the implementation of a watershed improvement plan if all of the following requirements are met:(1) The regional board has approved the watershed improvement plan.

(2)The entity or entities that develop the watershed improvement plan make a finding, supported by substantial evidence, that the fee is reasonably related to the cost of mitigating the actual or anticipated past, present, or future adverse effects of the activities of the feepayer. “Activities,” for the purposes of this paragraph, means the operations and existing structures and improvements subject to regulation under an NPDES permit for municipal separate storm sewer systems.

(3)The fee is not imposed solely as an incident of property ownership.

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Legislative history

Added by Stats. 2009, Ch. 577, Sec. 1. (SB 310) Effective January 1, 2010.