(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 was submitted to, and approved by, or is awaiting approval by, the United States Environmental Protection Agency or the state board as of January 19, 2025, to remain in effect, except where the state board, regional board, or United States Environmental Protection Agency adopts a more stringent standard. The bill would require the state board and regional boards to include nexus waters in all processes pursuant to the federal Clean Water Act, 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 to nexus waters, implement the relevant federal standards.
(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 an action to be brought in the public interest in superior court by a person who has suffered an injury in fact to enforce federal requirements, specified state standards applicable to nexus waters, or other waste discharge requirements applicable to discharges from any point source to nexus waters, as specified.
(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. 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.

Statutes affected:
SB 601: 16000.3 BPC, 16100.3 BPC, 13170 WAT, 13263 WAT, 13350 WAT, 13370 WAT, 13372 WAT, 13373 WAT, 13376 WAT, 13383.5 WAT, 13385 WAT, 13385.1 WAT, 13387 WAT
02/20/25 - Introduced: 16000.3 BPC, 16100.3 BPC, 13170 WAT, 13263 WAT, 13350 WAT, 13370 WAT, 13372 WAT, 13373 WAT, 13376 WAT, 13383.5 WAT, 13385 WAT, 13385.1 WAT, 13387 WAT
04/08/25 - Amended Senate: 16000.3 BPC, 16100.3 BPC, 13170 WAT, 13263 WAT, 13350 WAT, 13370 WAT, 13372 WAT, 13373 WAT, 13374 WAT, 13374 WAT, 13376 WAT, 13383.5 WAT, 13385 WAT, 13385.1 WAT, 13387 WAT
04/21/25 - Amended Senate: 16000.3 BPC, 16100.3 BPC, 13170 WAT, 13263 WAT, 13350 WAT, 13370 WAT, 13372 WAT, 13373 WAT, 13374 WAT, 13376 WAT, 13383.5 WAT, 13385.1 WAT
05/05/25 - Amended Senate: 16000.3 BPC, 16100.3 BPC, 13170 WAT, 13263 WAT, 13350 WAT, 13370 WAT, 13372 WAT, 13373 WAT, 13374 WAT, 13376 WAT, 13383.5 WAT, 13385.1 WAT
05/23/25 - Amended Senate: 16000.3 BPC, 16100.3 BPC, 13170 WAT, 13263 WAT, 13350 WAT, 13370 WAT, 13372 WAT, 13373 WAT, 13374 WAT, 13376 WAT, 13383.5 WAT, 13385.1 WAT