California 2021-2022 Regular Session Status: To Executive 3 D cosponsors

AB 2106 — Water quality: permits.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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 federal national pollutant discharge elimination system (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region, as provided. Existing law authorizes the state board to require a person submitting a report to the state board, a regional board, or a local agency to submit the report in electronic format. This bill would require, on or before December 31, 2025, the state board to update its stormwater data collection systems and software through specified actions. The bill would require the state board, after making the necessary findings, to establish a statewide commercial, industrial, and institutional NPDES order regulating stormwater and authorized nonstormwater discharges from facilities with impervious surfaces that are significant contributors of pollutants to federally protected surface waters, as determined by the state board. The bill would require the state board to publish a draft order of the statewide order for public comment on or before December 31, 2026, or 18 months after the reissuance of a specified statewide permit, as specified. The bill would require the state board to contemporaneously develop a model memorandum of understanding to issue with the publication of the draft statewide order for public comments that details the necessary components of an agreement between commercial, industrial, and institutional permittees and local municipalities for achieving offsite stormwater capture and use within the adopted final statewide commercial, industrial, and institutional NPDES order. The bill would require the NPDES order to include multiple options to achieve compliance with water quality standards, including, but not limited to, compliance options incentivizing onsite or offsite stormwater capture and use. The bill would make the operation of these provisions contingent upon an appropriation for its purposes by the Legislature in the annual Budget Act or another statute. Existing law required the state board, no later than July 1, 2009, to develop a comprehensive guidance document for evaluating and measuring the effectiveness of municipal stormwater management programs and permits, as prescribed. Existing law requires the state board and regional boards to refer to the guidance document when establishing requirements in municipal stormwater programs and permits. This bill would require, on or before January 31, 2025, the state board to initiate a series of board workshops to evaluate the California stormwater program and the state's progress toward attainment of beneficial uses and compliance with water quality standards as they pertain to permits issued pursuant to the federal Clean Water Act. The bill would require, on or before December 31, 2026, and after holding public workshops and soliciting public comments, the state board to develop and submit to the Legislature a report, as prescribed, evaluating the state's progress toward, and recommendations to achieve, attainment of beneficial uses and compliance with water quality standards as they pertain to permits issued pursuant to the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. The bill would require the report to include recommendations for the state board, regional boards, other relevant state agencies, and the Legislature to act upon to ensure permitting of stormwater discharges protects and supports attainment of beneficial uses and results in compliance with water quality objectives.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 4 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 21.).

  4. In Assembly. Concurrence in Senate amendments pending.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 11. Page 5204.).

  6. Read second time. Ordered to third reading.

  7. Read third time and amended. Ordered to second reading.

  8. Read second time. Ordered to third reading.

  9. Read second time and amended. Ordered returned to second reading.

  10. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).

  11. In committee: Referred to suspense file.

  12. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 29).

  14. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.

  15. Referred to Com. on E.Q.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 21. Page 4975.)

  18. Read second time. Ordered to third reading.

  19. Read second time and amended. Ordered returned to second reading.

  20. From committee: Amend, and do pass as amended. (Ayes 12. Noes 4.) (May 19).

  21. In committee: Set, first hearing. Referred to suspense file.

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (March 22). Re-referred to Com. on APPR.

  23. Re-referred to Com. on E.S. & T.M.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended.

  25. Referred to Com. on E.S. & T.M.

  26. From printer. May be heard in committee March 17.

  27. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 16 voted No

Sponsors (1)

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

AB 2106 Robert Rivas Concurrence in Senate Amendments

Passed 52 Yea · 21 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 28202
Unaffiliated 241203
Republican 0702
Total 522107
% of votes cast 65%26%0%9%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Rendon — Yea
Mullin — Yea
Villapudua — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Medina — Yea
McCarty — Yea
Voepel — Nay
Mathis — Nay
Bigelow — Nay
Salas — Nay
Kiley — Nay
Mayes — Nay
Waldron — Nay
Gray — Nay
Smith — Nay
Cunningham — Nay
Cooper — Not Voting
Daly — Not Voting
Holden — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Nay
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

3rd Reading AB2106 Robert Rivas et al. By Hertzberg

Passed 27 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 15602
Democratic 12100
Republican 0400
Total 271102
% of votes cast 68%28%0%5%
How each member voted (40)
Member Party Vote
Bradford — Yea
Newman — Yea
Min — Yea
Atkins — Yea
Eggman — Yea
Rubio — Yea
Kamlager — Yea
Gonzalez — Yea
Hueso — Yea
Pan — Yea
Hertzberg — Yea
Portantino — Yea
Leyva — Yea
Wieckowski — Yea
Skinner — Yea
Wilk — Nay
Borgeas — Nay
Nielsen — Nay
Dodd — Nay
Melendez — Nay
Bates — Nay
Roth — Not Voting
Glazer — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Nay
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 3100
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Bradford — Yea
Wieckowski — Yea
Bates — Nay
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bradford — Yea
Kamlager — Yea
Bates — Yea
Wieckowski — Yea
Portantino — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 2106 Robert Rivas Assembly Third Reading

Passed 50 Yea · 21 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 26103
Unaffiliated 241203
Republican 0801
Total 502107
% of votes cast 64%27%0%9%
How each member voted (78)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
Medina — Yea
McCarty — Yea
Voepel — Nay
Mathis — Nay
Bigelow — Nay
Salas — Nay
Kiley — Nay
Mayes — Nay
Waldron — Nay
Gray — Nay
Smith — Nay
Cunningham — Nay
Cooper — Not Voting
Daly — Not Voting
O'Donnell — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Not Voting
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Democratic 7000
Republican 0200
Total 12400
% of votes cast 75%25%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 2106 do?
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 federal national pollutant discharge elimination system (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region, as provided. Existing law authorizes the state board to require a person submitting a report to the state board, a regional board, or a local agency to submit the report in electronic format. This bill would require, on or before December 31, 2025, the state board to update its stormwater data collection systems and software through specified actions. The bill would require the state board, after making the necessary findings, to establish a statewide commercial, industrial, and institutional NPDES order regulating stormwater and authorized nonstormwater discharges from facilities with impervious surfaces that are significant contributors of pollutants to federally protected surface waters, as determined by the state board. The bill would require the state board to publish a draft order of the statewide order for public comment on or before December 31, 2026, or 18 months after the reissuance of a specified statewide permit, as specified. The bill would require the state board to contemporaneously develop a model memorandum of understanding to issue with the publication of the draft statewide order for public comments that details the necessary components of an agreement between commercial, industrial, and institutional permittees and local municipalities for achieving offsite stormwater capture and use within the adopted final statewide commercial, industrial, and institutional NPDES order. The bill would require the NPDES order to include multiple options to achieve compliance with water quality standards, including, but not limited to, compliance options incentivizing onsite or offsite stormwater capture and use. The bill would make the operation of these provisions contingent upon an appropriation for its purposes by the Legislature in the annual Budget Act or another statute. Existing law required the state board, no later than July 1, 2009, to develop a comprehensive guidance document for evaluating and measuring the effectiveness of municipal stormwater management programs and permits, as prescribed. Existing law requires the state board and regional boards to refer to the guidance document when establishing requirements in municipal stormwater programs and permits. This bill would require, on or before January 31, 2025, the state board to initiate a series of board workshops to evaluate the California stormwater program and the state's progress toward attainment of beneficial uses and compliance with water quality standards as they pertain to permits issued pursuant to the federal Clean Water Act. The bill would require, on or before December 31, 2026, and after holding public workshops and soliciting public comments, the state board to develop and submit to the Legislature a report, as prescribed, evaluating the state's progress toward, and recommendations to achieve, attainment of beneficial uses and compliance with water quality standards as they pertain to permits issued pursuant to the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. The bill would require the report to include recommendations for the state board, regional boards, other relevant state agencies, and the Legislature to act upon to ensure permitting of stormwater discharges protects and supports attainment of beneficial uses and results in compliance with water quality objectives.
Who sponsors AB 2106?
AB 2106 is sponsored by Rivas, Robert (Democratic) and Garcia, Robert (Democratic).
What is the current status of AB 2106?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2106?
Track AB 2106 free on One Click Politics — get push/email alerts when it moves.

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