March 26, 2001

STATE WATER RESOURCES CONTROL BOARD

WORKSHOP SESSION—SACRAMENTO, CALIFORNIA

APRIL 4, 2001

ITEM 4

SUBJECT

CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OR HIS DESIGNEE TO APPLY FOR AND ACCEPT FISCAL YEAR

(FY) 2001-02 CLEAN WATER ACT SECTION 106 AND SECTION 104(B)(3) WATER POLLUTION CONTROL PROGRAM GRANTS, PLUS ANY CARRY-OVER FY 2000-01 GRANT FUNDS AND TO NEGOTIATE, APPROVE, AND/OR AMEND THE GRANTS AND THE WORKPLANS

DISCUSSION

Section 106 of the Clean Water Act (CWA) authorizes the appropriation of monies for federal grants to assist states in administering programs for the prevention, reduction, and elimination of pollution. The State Water Resources Control Board (SWRCB) annually files an application with the U.S. Environmental Protection Agency (USEPA) for a continuing annual grant under CWA Section 106 and develops workplans to support the National Pollutant Discharge Elimination System (NPDES) Program and Total Maximum Daily Load (TMDL) work.

Section 104 of the CWA also authorizes the appropriation of monies for federal grants to assist states with specific water pollution control projects. SWRCB annually files an application with USEPA for a grant under CWA Section 104 and develops a workplan for specific water pollution control projects. For FY 2000-01, the amount of money available to California under the CWA Section 104 grant will be determined by a competitive process established by USEPA.

For FY 2001-02, USEPA has indicated that its competitive process can provide up to $750,000 in CWA Section 104 grant funds. USEPA has indicated that it is willing to provide up to this amount, plus carry-over funds from FY 2000-01, and up to $9,417,927 in CWA Section 106 grant funds, plus carry-over funds from FY 2000-01.

For FY 2001-02, CWA Section 106 grant funds will be allocated to the NPDES wastewater regulatory program, the NPDES storm water regulatory program, TMDL development work, and for California/Mexico border Water Quality activities as preliminarily agreed upon with USEPA.

For FY 2001-02, up to $750,000 of the CWA Section 104(b)(3) grant funds will be allocated to TMDL work. The exact amount of carry-over CWA Section 104 and Section 106 grants funds will not be ascertainable until final Financial Status Reports (FSR) are prepared in September 2001.

POLICY ISSUE

Should the SWRCB authorize the Executive Director or his designee to apply for and accept FY 2001-02 Clean Water Act Section 106 and Section 104(b)(3) Water Pollution Control Program grants plus any carry-over FY 2000-01 grant funds and to negotiate, approve, and/or amend the grants and the workplans: (1) a CWA section 106 grant in an amount not to exceed $9,417,927 and (2) a CWA Section 104(b)(3) grant in an amount not to exceed $750,000, plus any carry-over FY 2000-01 funds?

FISCAL IMPACT

The FY 2000-01 CWA Section 106 grant was in an amount of $6,278,619. If unexpended, FY 2000-01 grant funds are carried over to the FY 2001-02 grant, SWRCB will be advised, and the FY 2001-02 grant will be amended accordingly.

The FY 2000-01 CWA Section 104(b)(3) grant was in an amount of $800,000. If unexpended FY 2000-01 grant funds are carried over to the FY 2001-02 grant, SWRCB will be advised and the FY 2001-02 grant amended accordingly.

RWQCB IMPACT

Yes. All RWQCBs.

STAFF RECOMMENDATION

That the SWRCB:

  1. Authorize the Executive Director or his designee to apply for and accept FY 2001-02 Clean Water Act Section 106 and Section 104(b)(3) Water Pollution Control Program grants, plus any carry-over FY 2000-01 grant funds, and to negotiate, approve, and/or amend the grants and workplans.
  1. Authorize the Executive Director or his designee to negotiate, execute, and amend contracts as necessary using the budgeted Sections 104 and 106 grant funds.

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DRAFTMarch 26, 2001

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 2001-___

AUTHORIZING THE EXECUTIVE DIRECTOR OR HIS DESIGNEE TO APPLY FOR AND ACCEPT FISCAL YEAR (FY) 2001-02 CLEAN WATER ACT SECTION 106 AND SECTION 104(B)(3) WATER POLLUTION CONTROL PROGRAM GRANTS, PLUS ANY CARRY-OVER FY 2000-01 GRANT FUNDS AND TO NEGOTIATE, APPROVE, AND/OR AMEND THE GRANTS AND THE WORKPLANS

WHEREAS:

  1. The U.S. Environmental Protection Agency (USEPA), Region 9, has indicated that the FY 2001-02 Clean Water Act (CWA) Section 106 Water Pollution Control Program Grant for California will not exceed $9,417,927, plus any carry-over FY 2000-01 funds, and that the FY 2001-02 CWA Section 104(b)(3) Grant for California will not exceed $750,000, plus any carry-over FY 2000-01 funds.
  1. The CWA Section 106 Grant assists the State Water Resources Control Board (SWRCB) in funding the National Pollutant Discharge Elimination System Program for regulation of surface water discharge to prevent and abate water pollution and in funding Total Maximum Daily Load (TMDL) development work.
  1. The CWA Section 104(b)(3) Grant assists the SWRCB in funding specific projects related to implementation of its Watershed Management Initiative and in funding TMDL work.
  1. The SWRCB and the nine Regional Water Quality Control Boards are integrating various program activities under the Watershed Management Initiative in FY 2001-02 in order to adequately address the highest priority water pollution problems in California.

THEREFORE BE IT RESOLVED THAT:

The SWRCB:

  1. Authorizes the Executive Director or his designee to apply for and accept

FY 2001-02 Clean Water Act Section 106 and Section 104(b)(3) Water Pollution Control Program grants, plus any carry-over FY 2000-01 grant funds and to negotiate, approve, and/or amend the grants and workplans.

  1. Authorizes the Executive Director or his designee to negotiate, execute, and amend contracts as necessary using the budgeted Sections 104 and 106 grant funds.

CERTIFICATION

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on April 26, 2001.

______

Maureen Marché

Administrative Assistant to the Board

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