October 15, 2001

STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING SESSION -- DIVISION OF WATER QUALITY

NOVEMBER 15, 2001

ITEM 15

SUBJECT

CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OR DESIGNEE TO NEGOTIATE, EXECUTE AND AMEND CONTRACTS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER PROGRAM

DISCUSSION

The State Water Resources Control Board’s (SWRCB) baseline budget for Fiscal Year (FY) 2001-02 includes a total of $4.35 million (General Fund) for the NPDES storm water program for contract support.

The contracts needed to support the NDPES storm water program will individually exceed the current $200,000 limit requiring individual SWRCB approval, and they are projected to be multi-year contracts. Currently, contracts up to $200,000 can be processed under SWRCB Resolution 90-14 which delegates the authority to the Executive Director or designee to approve contracts that do not exceed $200,000. This proposed Resolution would provide the Executive Director with the authority to execute and amend all contracts, interagency agreements, and intergovernmental agreements that support the development and implementation of programs supporting the NPDES storm water program. The proposed resolution limits this authority to contracts funded from the FY 2001-02 baseline budget allocations and authorities dedicated to the NPDES storm water program.

It is anticipated that contracts will be developed to include, but not limited to, providing training to Regional Water Quality Control Board (RWQCB) staff, provide assistance to communities subject to the Phase II permit (Title 40, Code of Federal Regulations, Parts122, 123 and 124), conduct compliance inspections of general permittees, and evaluate the effectiveness of Best Management Practices.

Adoption of this resolution would streamline the contracting process for the NPDESstorm water program and enhance the ability of the RWQCBs to implement effective elements of the NPDES storm water program. Similar delegations have been approved under Resolution 2001-022 for contracts supporting the Total Maximum Daily Load activity and Resolution 2001-095 for contracts supporting the Ambient Surface Water Quality Monitoring and Assessment program activities.

POLICY ISSUE

Should the SWRCB authorize the Executive Director or designee to negotiate, execute, and amend contracts, interagency agreements, and intergovernmental agreements that support the NPDES storm water program and that do not exceed the program’s

FY 2001-02 dedicated baseline budget allocations and spending authorities?

FISCAL IMPACT

The SWRCB baseline budget includes a total of $4.35 million (General Fund) for the NPDES storm water program for contract support.

RWQCB IMPACT

Yes, all RWQCBs.

STAFF RECOMMENDATION

That the SWRCB authorize the Executive Director or designee to negotiate, execute, and amend all contracts, interagency agreements, and intergovernmental agreements that support the NPDES storm water program and that do not exceed the program’s dedicated FY 2001-02 baseline budget allocations and spending authorities.

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DRAFT October 15, 2001

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO 2001-

AUTHORIZING THE EXECUTIVE DIRECTOR OR DESIGNEE TO NEGOTIATE

EXECUTE, AND AMEND CONTRACTS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER PROGRAM

WHEREAS:

  1. The State Water Resources Control Board’s (SWRCB) Fiscal Year (FY) 2001-02 budget provides baseline General Fund contract resources to support the NPDES storm water program.
  1. SWRCB Resolution No. 90-14 currently authorizes the Executive Director to execute and amend contracts up to $200,000 without acquiring specific authorization by the SWRCB.
  1. It is anticipated that contracts will be developed to include, but not limited to, providing training to Regional Water Quality Control Board (RWQCB) staff, providing assistance to communities subject to the Phase II permit (Title 40, Codeof Federal Regulations, Parts122, 123 and 124), conducting compliance inspections of general permittees, and evaluating the effectiveness of Best Management Practices.
  1. Several of the contracts for the NPDES storm water program are projected to exceed $200,000.
  1. Streamlining the contracting process will enhance the ability of the RWQCBs to implement effective NPDES storm water program elements and save considerable administrative time for SWRCB.
  1. Delegation of authority to expend FY 2001-02 NPDES storm water program contract funds to the Executive Director or designee would not substantially infringe on the ability of the SWRCB to exercise judgement in regard to staff activities or remove any review and approval responsibility or discretion that the SWRCB may choose to exercise in regard to the NPDES storm water program.

THERFORE BE IT RESOLVED:

The SWRCB authorizes the Executive Director or designee to negotiate, execute, and amend all contracts, interagency agreements, and intergovernmental agreements that support the NPDES storm water program and that do not exceed the program’s dedicated FY 2001-02 baseline budget allocations and spending authorities.

CERTIFICATION

The undersigned, Clerk 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 November 15, 2001.

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Maureen Marché

Clerk to the Board

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