Los Angeles County Municipal Code Ch. 18 Safe, Clean Water Program Implementation Ordinance

This Chapter shall be known as the "Safe, Clean Water Program Implementation Ordinance."

(Ord. 2019-0042 § 11, 2019.)

The definitions set forth in Section 16.03 of Chapter 16 of this code shall apply to this Chapter 18. In addition, the following definitions shall apply to this Chapter 18:

A.

"Additional Activities Credit" means a credit against a Parcel's Special Parcel Tax amount for Parcel owners that initiate and complete qualifying additional activities after November 6, 2018, that confer benefits to the broader regional community related to SCW Program Goals. Implementation criteria and procedures related to Additional Activities Credit will be established in the Credit Program Procedures and Guidelines.

B.

"Benefited Development" means a group of Parcels that drain to common, centralized Stormwater Improvements. Implementation criteria and procedures related to Benefited Developments will be established in the Credit Program Procedures and Guidelines.

C.

"Community Investment Credit" means a credit against a Parcel's Special Parcel Tax amount for Stormwater Improvement that results in a Community Investment Benefit.

D.

"Credit Program Procedures and Guidelines" means the implementation procedures and guidelines for the credit program described in Section 18.10.A. of this Chapter.

E.

"Feasibility Study Guidelines" means the guidelines for the preparation of Feasibility Studies described in Section 18.07.B.3. of this Chapter.

F.

"Industrial General Permit" ("IGP") means the set of requirements by which the State Water Resources Control Board and Los Angeles Regional Water Quality Control Board implement and enforce regulations on industrial storm water discharges and authorized non-storm water discharges from industrial facilities in California. The Industrial General Permit is called a general permit because many industrial facilities are covered by the same permit but comply with its requirements at their individual industrial facilities.

G.

"Low Impact Development Ordinance" ("LID Ordinance") means the most recent ordinance establishing local low impact development standards and requirements on certain new development and redevelopment projects operative within the Municipality in which the project is located that conforms to requirements imposed by the Los Angeles Regional Water Quality Control Board on that Municipality through the Municipality's MS4 Permit. In the absence of an operative LID Ordinance in the Municipality in which the project is located, the most current LID Ordinance adopted by the County shall apply.

H.

"MS4 Permit" means Order No. R4-2012-0175 (As Amended By State Water Board Order WQ 2015-0075 and Order No. R4- 2012-0175-A01) NPDES Permit No. CAS004001 Waste Discharge Requirements For Municipal Separate Storm Sewer System (MS4) Discharges Within The Coastal Watersheds of Los Angeles County, Except Those Discharges Originating From The City of Long Beach MS4 or Order No. R4-2014-0024 (As Amended By Order No. R4-2014-0024-A01) NPDES Permit No.

CAS004003 Waste Discharge Requirements For Municipal Separate Storm Sewer System Discharges From The City of Long Beach, or any successor permit issued by the Los Angeles Regional Water Quality Control Board.

I.

"ROC Operating Guidelines" means the operating guidelines for the ROC described in Section 18.08.A.3. of this Chapter.

J.

"RWQCB Stormwater Permit" means a permit other than an IGP, issued by the Los Angeles Regional Water Quality Control Board, governing the discharge of Stormwater or Urban Runoff.

K.

"SCW Program Progress Report" means a biennial report that summarizes all Regional Program WARPP Reports, all Municipal Program annual progress and expenditure reports, and all District Program annual reports and makes findings regarding whether and the extent to which SCW Program requirements were met and SCW Program Goals were achieved.

L.

"Scoring Committee" means a group of six (6) subject-matter experts in Water Quality Benefits, Water Supply Benefits, Nature-Based Solutions, and Community Investment Benefits created by the Board to review and score Projects and Feasibility Studies in connection with the Infrastructure Program.

M.

"Scoring Committee Operating Guidelines" means the operating guidelines for the Scoring Committee described in Section 18.07.C.3.c. of this Chapter.

N.

"Standard Urban Stormwater Mitigation Plan" ("SUSMP") means a plan that designates best management practices that must be used in specified categories of development projects under NPDES permits, as approved by the Los Angeles Regional Water Quality Control Board.

O.

"Stormwater Improvement" means a structure or facility, or system of structures or facilities, that captures Stormwater or Urban Runoff or reduces Stormwater or Urban Runoff pollution in the District.

P.

"Technical Assistance Team" means a group of subject-matter experts in Stormwater and/or Urban Runoff infrastructure design, hydrology, soils, Nature-Based Solutions, green infrastructure, Stormwater and/or Urban Runoff quality, water supply, recreation, open space, community needs, and other related areas, provided by the District to assist Infrastructure Program Project Applicants and others, as part of the Technical Resources Program.

Q.

"Threshold Score" means a minimum score that Projects must meet or exceed in order to be eligible for Infrastructure Program funding.

R.

"WASC Operating Guidelines" means the operating guidelines for the WASC described in Section 18.07.G.1.e. of this Chapter.

S.

"Water Quality Credit" means a credit against a Parcel's Special Parcel Tax amount for a Stormwater Improvement that results in a Water Quality Benefit by complying with: (1) an applicable LID Ordinance, (2) applicable SUSMP requirements, (3) an applicable IGP, (4) an applicable RWQCB Stormwater Permit, or (5) any combination of the foregoing.

T.

"Water Supply Credit" means a credit against a Parcel's Special Parcel Tax amount for a Stormwater Improvement that results in a Water Supply Benefit.

U.

"Watershed Area Regional Program Progress (WARRP) Report" means an annual report describing the progress of all Projects and Programs included in an SIP during the previous year and summarizing how the implementation of the SIP during the previous year has achieved SCW Program Goals.

V.

"Watershed Coordinator" means one or more persons assigned to assist a Watershed Area Steering Committee with community and stakeholder education and engagement and to perform the other activities described in Section 18.07.D.3. of this Chapter.

(Ord. 2019-0042 § 11, 2019.)

The purpose of this Chapter is to establish additional criteria and procedures related to the implementation of the Los Angeles Region Safe, Clean Water Program described in Chapter 16 of this code. The Board may consider revisions to Chapter 16 of this code and this Chapter 18 in connection with the first biennial public hearing, as described in Section 18.08.C.5. below, and as needed thereafter.

(Ord. 2019-0042 § 11, 2019.)

The Los Angeles Region Safe, Clean Water Program shall be implemented consistent with the following goals:

A.

Improve water quality and contribute to attainment of water-quality requirements.

B.

Increase drought preparedness by capturing more Stormwater and/or Urban Runoff to store, clean, reuse, and/or recharge groundwater basins.

C.

Improve public health by preventing and cleaning up contaminated water, increasing access to open space, providing additional recreational opportunities, and helping communities mitigate and adapt to the effects of climate change through activities such as increasing shade and green space.

D.

Leverage other funding sources to maximize SCW Program Goals.

E.

Invest in infrastructure that provides multiple benefits.

F.

Prioritize Nature-Based Solutions.

G.

Provide a spectrum of project sizes from neighborhood to regional scales.

H.

Encourage innovation and adoption of new technologies and practices.

I.

Invest in independent scientific research.

J.

Provide DAC Benefits, including Regional Program infrastructure investments, that are not less than one hundred and ten percent (110%) of the ratio of the DAC population to the total population in each Watershed Area.

K.

Provide Regional Program infrastructure funds benefitting each Municipality in proportion to the funds generated within their jurisdiction, after accounting for allocation of the one hundred and ten percent (110%) return to DACs, to the extent feasible.

L.

Implement an iterative planning and evaluation process to ensure adaptive management.

M.

Promote green jobs and career pathways.

N.

Ensure ongoing operations and maintenance for Projects.

(Ord. 2019-0042 § 11, 2019.)

A.

The District Program shall be implemented in accordance with the provisions of this Section.

B.

The District shall perform the following functions as part of the implementation of the District Program:

Administer the SCW Program, including collection of the Special Parcel Tax and distribution of funds; administration of credit, credit trading, low-income senior, and any income-based tax reduction or incentive programs; review of budgets and reports; and conducting of audits.

Annually prepare a five (5) year revenue forecast for each Watershed Area.

Plan, implement, and maintain District Projects.

Administer and provide staffing for the Regional Program.

Provide staffing for the Scoring Committee, Watershed Area Steering Committees, and the ROC.

Provide for coordination of Watershed Coordinators to ensure consistency and sharing of best practices and resources across the District.

Provide Technical Assistance Teams and Watershed Coordinators funded by the Technical Resources Program. The District may, in its discretion, also provide Technical Assistance Teams using funds allocated to the District Program.

Coordinate Watershed Area scientific studies funded by the Scientific Studies Program.

Engage Stakeholders in the planning process for use of the District Program funds.

Operate in accordance with best practices for government agencies.

Conduct independent audits to ensure compliance with requirements of the SCW Program.

Prepare, prior to the start of the District's fiscal year, a plan for how SCW Program funds will be used.

Prepare within six (6) months after the end of the District's fiscal year an annual report that details a Program-level summary of expenditures and a description of Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits realized through use of District Program funds.

Comply with all SCW Program audit requirements.

C.

Educational Programs.

The Chief Engineer shall implement and administer the following educational Programs:

a.

Public education and community engagement Programs throughout the District, including a sustained education and engagement Program for disadvantaged communities;

b.

Local workforce job training, which will provide certification classes and vocational training at the community level for the construction, inspection, operation and maintenance of Stormwater or Urban Runoff management and Multi-Benefit Projects, including instruction regarding applicable design concepts; and

c.

Schools education and curriculum Programs.

Not less than twenty percent (20%) of District Program funds shall be allocated for these Programs over a revolving five (5) year period.

These Programs will be implemented throughout the District with special attention to the needs of DACs.

The Chief Engineer shall partner with Stakeholders to collaboratively develop and implement these Programs.

(Ord. 2019-0042 § 11, 2019.)

A.

The Municipal Program shall be implemented in accordance with the provisions of this Section.

B.

Each Municipality receiving Municipal Program funding from the SCW Program shall perform the following functions as part of the Municipal Program:

Prioritize the development of Projects that, to the extent feasible, assist in achieving compliance with the MS4 Permit.

Prepare, prior to the start of that Municipality's fiscal year, a plan for how SCW Program funds will be used in the ensuing fiscal year.

Comply with all SCW Program reporting and audit requirements, and provide to the District additional financial and other information, as required by the SCW Program or upon request of the District.

As part of the Municipal Program planning process, consider Municipal-level requests for Projects from eligible Infrastructure Program Project Applicants.

At least annually, prepare and provide to the public informational materials containing up-to-date information on the Municipality's actual and budgeted use of revenues from the SCW Program.

Operate in accordance with best practices for government agencies.

Be strictly accountable for all funds, receipts, and disbursements by the Municipality.

Identify or establish, and then execute, a plan to engage with Stakeholders in the planning process for use of the Municipal Program funds during the planning and implementation of Projects and Programs.

Comply with all Transfer Agreement requirements.

Prepare a vector minimization plan addressing vector considerations for the design, operation, and maintenance of each Project.

C.

Maintenance of Effort.

A Municipality must spend at least seventy percent (70%) of its Municipal Program funds annually on eligible expenses related to Projects or Programs implemented on or after November 6, 2018, which also includes operations and maintenance of Projects built to comply with the MS4 Permit, so long as the Project complies with Municipal Program requirements.

Up to thirty percent thirty percent (30%) of a Municipality's Municipal Program funds may be used to pay for costs and expenses incurred on or after November 6, 2018, related to the continuation of Programs implemented or the maintenance of Projects implemented prior to November 6, 2018.

D.

Municipal Program Annual Progress/Expenditure Reports.

Each Municipality shall prepare and submit an annual report to the District, not later than six months after the end of that Municipality's fiscal year.

The annual report shall include the following information:

a.

A summary of the expenditures and Water Quality, Water Supply, and Community Investment Benefits realized through use of SCW Program funds;

b.

The amount of SCW Program funds expended;

c.

Documentation that the SCW Program funds were used for eligible expenditures;

d.

A description of work accomplished during the reporting period;

e.

The milestones or deliverables completed/submitted during the reporting period;

f.

The work anticipated to be accomplished during the next reporting period;

g.

Photo documentation of the above, as appropriate;

h.

Additional information as required by the District; and

i.

A description of the Municipality's stakeholder-engagement activities during the reporting period, including documentation, as appropriate.

The District shall review each Municipality's annual report to make a preliminary determination of whether and the extent to which each Municipality's expenditures achieved SCW Program Goals, and the District shall forward its preliminary determination to the ROC.

The ROC shall review the Municipalities' annual reports after the District has completed its preliminary determination, to evaluate whether and the extent to which the Municipalities' expenditures achieved SCW Program Goals and develop recommendations as appropriate. The ROC shall report its findings and recommendations to the Board and provide copies to the respective Municipalities.

(Ord. 2019-0042 § 11, 2019.)

A.

The Regional Program shall be implemented in accordance with the provisions of this Section.

B.

Stormwater Investment Plans (SIP).

A SIP shall be adopted for each Watershed Area, annually, in accordance with the following procedure:

a.

The Chief Engineer shall prepare a five (5) year revenue forecast for each Watershed Area;

b.

The Chief Engineer shall request proposals for Projects to be included in the Infrastructure Program, Project concepts to be included in the Technical Resources Program, and studies and other activities to be included in the Scientific Studies Program, for each Watershed Area SIP. The Chief Engineer may, in their discretion, request proposals either annually or biennially. Small and medium scale, community-level Projects may be combined into a single Project proposal to promote efficiency, achieve economies of scale and advance local-hire and job-training goals. If an Infrastructure Program Project Applicant intends for operation and maintenance costs to be considered for inclusion in a SIP, the Applicant's proposal must include an operation and maintenance plan that identifies the required activities over the useful life of the Project and any expertise or technical training necessary to perform the activities, identify the party that will be responsible for operation and maintenance of the Project, and include a letter of commitment from that party to operate and maintain the Project throughout the Project's useful life;

c.

Each Watershed Area Steering Committee shall determine which proposed Feasibility Studies and/or Projects to submit to the Scoring Committee for evaluation. Only Projects meeting the following criteria shall be submitted to the Scoring Committee for evaluation:

(1)

Projects for which a Feasibility Study has been completed or for which equivalent information has been developed and is available for review by the Scoring Committee;

(2)

Projects that are Multi-Benefit Projects;

(3)

Projects that are included in a stormwater resource plan developed in accordance with Part 2.3 (commencing with § 10560) of Division 6 of the Water Code, a watershed management program developed pursuant to an MS4 Permit, an Integrated Regional Water Management Plan, or other regional water management plan if determined to be equivalent by the Chief Engineer; and

(4)

Projects designed for a minimum useful life of thirty (30) years.

d.

Projects for which a Feasibility Study has not been completed and that lack equivalent information may be referred to the Technical Resources Program at the discretion of the Watershed Area Steering Committee;

e.

The Scoring Committee shall evaluate each proposed Project submitted by the Watershed Area Steering Committees and shall return scores for each proposed Project to the respective Watershed Area Steering Committee;

f.

The Chief Engineer shall establish a Threshold Score for Projects proposed for inclusion in the Infrastructure Program. The Threshold Score shall be identified in the Feasibility Study Guidelines;

g.

Each Watershed Area Steering Committee shall review and evaluate the proposed Project scores, proposed Project concepts and proposed studies, and shall prepare and submit a SIP, in a standard format established in the WASC Operating Guidelines, to the Regional Oversight Committee for review. Projects that lack sufficient information to be scored, or that do not score above the Threshold Score, may be included in the Technical Resources Program at the discretion of the Watershed Area Steering Committee;

h.

The ROC shall review each SIP, determine whether and the extent to which each SIP achieves the SCW Program Goals, and provide its findings and recommendations to the respective WASC and to the Board;

i.

The Board shall consider each SIP together with the Regional Oversight Committee's recommendation and shall either approve the SIP or return it to the appropriate Watershed Area Steering Committee for revision and resubmittal; and

j.

Once the Board approves a SIP, the District shall transfer SCW Program funds to Infrastructure Program Project Developers as indicated in the SIP.

SIPs shall be developed by the Watershed Area Steering Committees in accordance with the following criteria:

a.

Not less than eighty-five percent (85%) of the budget shall be allocated to Infrastructure Program activities, not more than ten (10%) of the budget shall be allocated to Technical Resource Program activities, and not more than five percent (5%) of the budget shall be allocated to Scientific Studies Program activities;

b.

Projects that assist in achieving compliance with a MS4 Permit shall be prioritized, to the extent feasible;

c.

Funding for Projects that provide DAC Benefits shall not be less than one hundred and ten percent (110%) of the ratio of the DAC population to the total population in each Watershed Area. To facilitate compliance with this requirement, the District will work with stakeholders and Watershed Coordinator(s) to utilize existing tools to identify high-priority geographies for water- quality improvement projects and other projects that create DAC Benefits within DACs, to help inform WASCs as they consider project recommendations;

d.

Each Municipality shall receive benefits in proportion to the funds generated within their jurisdiction, after accounting for allocation of the one hundred ten percent (110%) return to DACs, to the extent feasible, to be evaluated annually over a rolling five (5) year period;

e.

A spectrum of Project types and sizes shall be implemented throughout the region, to the extent feasible, to be evaluated annually over a rolling five (5) year period;

f.

Nature-Based Solutions shall be prioritized, to the extent feasible;

g.

Projects, Feasibility Studies, scientific and technical studies, and other activities selected for inclusion in a SIP should be recommended to receive funding for their total estimated costs, unless a lesser amount has been requested;

h.

Operation and maintenance costs for any Project may be included in the Infrastructure Program portion of a SIP, whether or not the design and construction of that Project was included in a SIP; and

i.

Only Projects that meet or exceed the Threshold Score shall be eligible for inclusion in the Infrastructure Program. Projects that receive a score below the Threshold Score may be referred to the Technical Resources Program at the discretion of the Watershed Area Steering Committee.

The Chief Engineer shall develop and adopt guidelines for the preparation of Feasibility Studies (Feasibility Study Guidelines), including required contents, and shall update those guidelines from time to time, consistent with the purposes and goals of the SCW Program, as the Chief Engineer deems necessary or appropriate for the effective operation of the Regional Program. Prior to adopting or updating the guidelines, the Chief Engineer shall provide not less than thirty (30) days' advance public notice of the proposed guidelines or revisions. Public notice shall, at a minimum, include posting the proposed guidelines or revisions on the SCW Program website.

C.

Infrastructure Program Implementation.

Prior to the disbursement of any funds for a Project that has been selected for inclusion in the Infrastructure Program, the Infrastructure Program Project Applicant must identify the Infrastructure Program Project Developer for the Project. The individual, group or entity identified as the Infrastructure Program Project Developer must have sufficient knowledge, experience and resources to effectively manage the design and construction of the Project and ensure its completion. An Infrastructure Program Project Applicant may designate a construction authority to be the Infrastructure Program Project Developer. Also, at the request of the Infrastructure Program Project Applicant or the Infrastructure Program Project Developer, the District, at its discretion, may act as the Infrastructure Program Project Developer for all or any aspects of a Project.

Prior to the disbursement of any funds for a Project that has been selected for inclusion in the Infrastructure Program, the Infrastructure Program Project Applicant must also identify the person or entity that will be responsible for the operation, maintenance and repair of the Project and the source of funds that will be used to pay for the operation, maintenance and repair of the Project, throughout the Project's useful life.

Prior to the disbursement of any funds for a Project that has been selected for inclusion in the Infrastructure Program, a vector minimization plan must be prepared addressing vector considerations for the Project.

Scoring Committee.

a.

The Scoring Committee shall include at least two subject-matter experts in Water Quality Benefits, at least one subject- matter expert in Nature-Based Solutions or Community Investment Benefits, and at least one subject-matter expert in Water Supply Benefits.

b.

The members of the Scoring Committee shall comply with State conflict of interest laws (e.g., Gov. Code §§ 1090 et seq. and 87100 et seq.) and all applicable conflict of interest policies of the County;

c.

The Chief Engineer shall develop and adopt operating guidelines for the governance of the Scoring Committee and the conduct of Scoring Committee business (Scoring Committee Operating Guidelines), including standard Project-scoring criteria, and shall update those guidelines from time to time, consistent with the purposes and goals of the SCW Program, as the Chief Engineer deems necessary or appropriate for the effective operation of the Scoring Committee and the conduct of Scoring Committee business. Each Scoring Committee member will be required to read and comply with the Scoring Committee Operating Guidelines, among other things, as a condition of serving as a member of the Scoring Committee;

d.

The District shall provide staff support to the Scoring Committee using funds from the District Program;

e.

The District may compensate members of the Scoring Committee who are not otherwise compensated, in the amount of one hundred dollars ($100) per meeting attended, using funds from the District Program; and

f.

Meetings conducted by the Scoring Committee shall be open to the public.

D.

Technical Resource Program Implementation.

The purpose of the Technical Resources Program is to provide Technical Assistance Teams to assist persons or organizations that do not have the necessary technical resources or capabilities with the development of Feasibility Studies and compliance with other technical requirements of the Infrastructure Program, and to provide Watershed Coordinators to educate and build capacity in Watershed Areas and facilitate community and Stakeholder engagement with the Technical Resources Program and the Watershed Area Steering Committees as a whole.

Technical Assistance Teams.

a.

A Technical Assistance Team shall be assigned to assist with the development of a Feasibility Study for each Project concept identified in a SIP;

b.

The District, at the request of a Watershed Area Steering Committee, shall provide a Technical Assistance Team to assist Infrastructure Program Project Applicants and others, as appropriate, in meeting other technical requirements of the Infrastructure Program, including, but not limited to, the amendment of eligible water-quality plans to include a Project and assisting non-Municipal Project Applicants with obtaining letters of support from the applicable Municipality; and

c.

Technical Assistance Teams shall be paid for with funds allocated to the Technical Resources Program in the applicable SIP. In addition, the District may, in its discretion, provide Technical Assistance Teams using funds allocated to the District Program.

Watershed Coordinators.

a.

Not less than one (1) Watershed Coordinator will be assigned to each Watershed Area; plus, one (1) additional Watershed Coordinator will be assigned for each additional one-million people within the Watershed Area;

b.

Each Watershed Area Steering Committee shall select their respective Watershed Coordinator(s) from a list of eligible candidates provided by the District and shall designate them in their respective SIPs as part of the Technical Resource Program budget. A single Watershed Coordinator position may be filled by an individual or by multiple employees of a single entity at the discretion of the applicable WASC; and

c.

The duties and responsibilities of Watershed Coordinator(s) center around connecting potential applicants with technical resources and building inclusion and meaningful engagement in pursuit of SCW Program Goals, and shall include, but not be limited to, the following:

(1)

Work with Technical Assistance Teams to bring resources to potential Infrastructure Program Project Applicants;

(2)

Work with Municipalities and Stakeholders to identify and develop Project concepts that may be elevated to the Watershed Area Steering Committees and Technical Assistance Teams to assist with development of Feasibility Studies;

(3)

Identify and help leverage and secure additional funding sources for Regional Projects and Programs;

(4)

Engage Municipalities, community groups, and other watershed Stakeholders to ensure diverse perspectives are included in planning and implementation of the Regional Program;

(5)

Conduct community outreach to diverse communities, with an emphasis on disadvantaged communities;

(6)

Provide leadership in community outreach efforts related to watershed planning;

(7)

Facilitate collaborative decision-making between private and public entities to develop and implement actions that best address community priorities;

(8)

Integrate community, Municipality, and regional priorities through partnerships and extensive networks;

(9)

Organize public outreach events included in SIPs, such as workshops, demonstrations, community forums and restoration activities, to educate Stakeholders on stormwater-related topics;

(10)

Serve as non-voting members of the Watershed Area Steering Committees for their respective Watershed Areas; and

(11)

Collaborate with all other Watershed Coordinators and the District to help ensure consistency in implementation and to inform each other of effective efforts, outreach, and communication approaches, including sharing best practices and resources.

E.

Scientific Studies Program Implementation.

The purpose of the Scientific Studies Program is to provide funding for scientific and technical activities, including, but not limited to, scientific studies, technical studies, monitoring, and modeling related to Stormwater and Urban Runoff capture and pollution reduction.

Watershed Area Steering Committees will recommend studies and other activities for funding by including the studies or other activities in the Scientific Studies Program portion of their respective SIPs.

All studies and other activities included in the Scientific Studies Program portion of a SIP shall be conducted in accordance with accepted scientific protocols.

The Scientific Studies Program shall be administered by the District and, to the extent feasible, shall utilize independent research institutions or academic institutions to carry out Scientific Studies or to help design and peer review Scientific Studies carried out by other entities.

F.

Progress/Expenditure Reports.

Infrastructure Program Project Developers shall prepare midyear progress and expenditure reports, as described in subsection 3 below, for their respective Projects and Programs.

The Chief Engineer shall prepare midyear progress and expenditure reports, as described in subsection 3 below, for activities undertaken by the District pursuant to the Technical Resources (e.g. Watershed Coordinators and Technical Assistance Teams) and Scientific Studies Programs.

Midyear progress and expenditure reports shall include the following information:

a.

An estimate of the percentage of work completed;

b.

The amount of SCW Program funds expended;

c.

Documentation that the SCW Program funds were used for eligible expenditures;

d.

A discussion of work accomplished during the reporting period;

e.

The milestones or deliverables completed/submitted during the reporting period;

f.

A discussion of any scheduling concerns and issues encountered that may delay completion of the Program or Project;

g.

The work anticipated to be accomplished during the next reporting period;

h.

Photo documentation of the progress and current status of the Project, as appropriate;

i.

Any anticipated schedule or budget modifications; and

j.

A summary of the outreach activities to DACs and expenditures that achieve DAC Benefits.

Infrastructure Program Project Developers shall prepare an annual summary report of the progress and expenditures for their respective Programs and Projects, including all items listed in Section 18.07.F.3. The annual summary reports shall also include a description of the Water Quality Benefits, Water Supply Benefits, Community Investment Benefits and the SCW Program Goals achieved during the prior year.

The Watershed Area Steering Committees shall review the Infrastructure Program Project Developers' midyear progress and expenditure reports and the annual summary reports to evaluate whether the schedules, budgets, scopes and expected benefits have significantly changed and remain consistent with the SCW Program Goals. Programs and Projects that are over budget or behind schedule, or that demonstrate reduced or revised scope or benefits, may be adjusted or removed from future SIPs.

The Watershed Area Steering Committees shall forward each midyear progress and expenditure report and each annual summary report to the ROC, together with the Watershed Area Steering Committees' evaluations.

G.

Watershed Area Steering Committees.

Membership Requirements.

a.

Each Watershed Area Steering Committee shall be comprised of seventeen (17) members plus the Watershed Coordinator(s) for the Watershed Area. Seven (7) members shall represent the Municipalities located within the Watershed Area, five (5) members shall represent agency members, and five (5) members shall represent community Stakeholders. Each member shall have a designated alternate to attend committee meetings, participate in accordance with the WASC Operating Guidelines, and vote in the absence of the primary member; and

b.

The Municipal members and their alternates shall be selected in accordance with the following:

(1)

A Municipality with at least fourteen percent (14%) of the Impermeable Area located within the Watershed Area shall appoint one primary member and one alternate member. A Municipality with at least twenty-eight percent (28%) of the Impermeable Area located within the Watershed Area shall appoint two primary members and two alternate members. A Municipality with at least forty-three percent (43%) of the Impermeable Area located within the Watershed Area shall appoint three primary members and three alternate members. A single Municipality shall not appoint more than three primary and three alternate members to any Watershed Area Steering Committee, unless the Watershed Area is comprised of less than three Municipalities;

(2)

The remaining primary Municipal members shall be selected by the unrepresented Municipalities in the Watershed Area; and

(3)

All persons selected as primary or alternate members must meet the applicable qualifications described in the WASC Operating Guidelines.

c.

The agency members and their alternates shall be selected in accordance with the following:

(1)

The Board shall appoint the primary agency members. The agency members will be, to the maximum extent feasible, selected to represent a range of interests within the Watershed Area and to maintain a regional focus;

(2)

One member shall represent the District;

(3)

One member shall represent the largest municipal water district in the Watershed Area;

(4)

One member shall represent the largest watermaster or groundwater agency in the Watershed Area or, if no such agency exists, a second municipal water district;

(5)

One member shall represent the largest local park and open space agency in the Watershed Area;

(6)

One member shall represent the largest sanitation agency in the Watershed Area;

(7)

Each primary member shall designate an alternate member from their organization; and

(8)

All persons selected as primary or alternate members must meet the applicable qualifications described in the WASC Operating Guidelines.

d.

The community Stakeholder members and their alternates shall be selected in accordance with the following:

(1)

The Board shall appoint all primary community Stakeholder members. The primary community Stakeholder members will be, to the maximum extent feasible, selected to maintain a geographic balance and represent a range of interests within the Watershed Area and maintain a regional focus;

(2)

One member shall represent environmental justice interests;

(3)

One member shall represent business interests;

(4)

One member shall represent environmental interests;

(5)

The two remaining primary community Stakeholder members will be from the community, including, but not limited to, public health agencies, labor organizations, non-governmental organizations, community-based organizations, schools and academia;

(6)

Each primary member shall designate an alternate member from their organization; and

(7)

All persons selected as primary or alternate members must meet the applicable qualifications described in the WASC Operating Guidelines.

e.

The Chief Engineer shall develop and adopt operating guidelines for the governance of the WASCs and the conduct of WASC business (WASC Operating Guidelines), including minimum qualifications to serve as a committee member, and shall update those guidelines from time to time, consistent with the purposes and goals of the SCW Program, as the Chief Engineer deems necessary or appropriate for the effective operation of the WASCs and the conduct of WASC business. Each WASC member will be required to read and comply with the WASC Operating Guidelines, among other things, as a condition of serving as a member of the WASC.

Meeting Procedures.

a.

Each Watershed Area Steering Committee shall hold regular meetings at a frequency and on a schedule determined by that Committee. Watershed Area Steering Committee meetings shall be open to the public;

b.

A quorum is required for Watershed Area Steering Committees to act on any item of business at a meeting. A quorum will consist of a simple majority of the members or their alternates in attendance at the meeting, out of the total existing membership positions currently occupied. If a quorum is present at a meeting, the Watershed Area Steering Committee may approve of any item of business by a simple majority vote;

c.

Each Watershed Area Steering Committee member or their alternate shall have one equally weighted vote;

d.

Watershed Coordinators shall participate in the meetings of the Watershed Area Steering Committees for their respective Watershed Areas as non-voting members;

e.

The District will provide staff support to the Watershed Area Steering Committees using funds from the District Program;

f.

Members and alternates of the Watershed Area Steering Committees who are not otherwise compensated to participate, may qualify for a stipend in the amount of one hundred dollars ($100) per meeting attended, subject to qualifying circumstances, to be paid through the District Program; and

g.

Members and alternates of the Watershed Area Steering Committees shall comply with State conflict of interest laws (e.g., Gov. Code §§ 1090 et seq. and 87100 et seq.) and all applicable conflict of interest policies of the County.

Additional Duties and Responsibilities. In addition to the preparation of the SIPs and review of the progress and expenditure reports, as described above, Watershed Area Steering Committees shall have the following additional duties and responsibilities:

a.

Each Watershed Area Steering Committee shall annually prepare a WARPP Report;

b.

Each Watershed Area Steering Committee shall provide information about its Watershed Area as requested by the Board; and

c.

Each Watershed Area Steering Committee, in conjunction with its Watershed Coordinator(s), shall help potential Infrastructure Program Project Applicants identify potential partners and additional sources of funding to augment and leverage SCW Program revenues for Projects and Programs.

(Ord. 2024-0026 § 1, 2024; Ord. 2019-0042 § 11, 2019.)

A.

Membership Requirements.

The ROC shall be comprised of nine (9) voting members who shall be subject-matter experts in the areas of Water Quality Benefits, Water Supply Benefits, Nature-Based Solutions and Community Investment Benefits, public health, sustainability, and/or other fields related to Stormwater capture or the reduction of Stormwater or Urban Runoff pollution. The ROC shall also include two (2) non-voting members, one representing the Los Angeles Regional Water Quality Control Board and one representing the District.

The Board shall appoint all members of the ROC. The members of the ROC will be selected to ensure a diverse representation of the subject-matter experts described above.

The Chief Engineer shall develop and adopt operating guidelines for the governance of the ROC and the conduct of ROC business (ROC Operating Guidelines), and shall update those guidelines from time to time, consistent with the purposes and goals of the SCW Program, as the Chief Engineer deems necessary or appropriate for the effective operation of the ROC and the conduct of ROC business. Each ROC member will be required to read and comply with the ROC Operating Guidelines, among other things, as a condition of serving as a member of the ROC.

B.

Meeting Procedures.

The ROC shall hold regular meetings at a frequency and on a schedule determined by the ROC, but typically no less than quarterly. ROC meetings shall be open to the public.

A quorum is required for the ROC to act on any item of business at a meeting. A quorum will consist of five (5) voting members in attendance at the meeting. If a quorum is present at a meeting, the ROC may approve of any item of business by a simple majority vote.

Each voting member shall have one equally weighted vote.

The District will provide staff support to the ROC using funds from the District Program.

Members of the ROC who are not otherwise compensated to participate, may qualify for a stipend in the amount of one hundred dollars ($100) per meeting attended, subject to qualifying circumstances, to be paid through the District Program.

Members of the ROC shall comply with State conflict of interest laws (e.g., Gov. Code §§ 1090 et seq. and 87100 et seq.) and all applicable conflict of interest policies of the County.

C.

Duties and Responsibilities. The ROC shall have the following duties and responsibilities:

The ROC shall annually review the SIP for each Watershed Area.

The ROC shall review the midyear and annual progress and expenditure reports: (a) prepared by the Chief Engineer for the Technical Resources Program and the Scientific Studies Program, and (b) prepared by the Infrastructure Program Project Developers for the Infrastructure Program, and the ROC shall provide any comments or concurrence with the evaluations by the WASCs, as appropriate.

The ROC shall annually review the WARPP Reports for each Watershed Area to determine whether and the extent to which Regional Program requirements were met and SCW Program Goals were achieved for the prior year and, based on its review, shall make recommendations for adjustments to the following year's SIPs and provide those recommendations to the respective Watershed Area Steering Committees and the Board.

The ROC shall review, evaluate and develop recommendations regarding the Municipalities' annual reports, as described in Section 18.06.D. of this Chapter.

The ROC shall biennially prepare a SCW Program Progress Report for the Board in accordance with the following procedures:

a.

The ROC shall prepare a draft SCW Program Progress Report, circulate the draft for public comment, and conduct a noticed public hearing to receive public comments on the draft;

b.

After the conclusion of the public hearing, the ROC shall revise the draft SCW Program Progress Report as it determines necessary or appropriate based on the public comments received; and

c.

The ROC shall submit the final SCW Program Progress Report to the Board and make the final Report available to the public.

(Ord. 2024-0026 § 2, 2024; Ord. 2019-0042 § 11, 2019.)

A.

The Board shall approve standard template Transfer Agreements for use by the District, Municipalities, and Infrastructure Program Project Developers.

B.

Contents. The standard template Transfer Agreement will require recipients of funds to comply with the requirements of the SCW Program and other appropriate provisions established by the Board, including but not limited to:

Requirements for compliance with the terms of the SCW Program.

Provisions, as necessary, to provide clarity and accountability in the use of SCW Program funds.

Provisions, processes, and schedules for disbursement of funds.

For Regional Infrastructure Program Project Developers, Project parameters such as schedule, budget, scope, and benefits.

For Municipalities, a requirement to annually submit a plan of how SCW Program funds will be used during the ensuing year, which shall include, at a minimum, anticipated activities, anticipated engagement activities with stakeholders, an initial programmatic budget, and the SCW Program Goals that are anticipated to result from the planned expenditures.

Provisions for management of interest funds, debt, liability, and obligations.

Provisions for indemnification of the District.

Requirements for auditing and annual and midyear progress and expenditure reports.

With respect to a Project funded with SCW Program funds through the Regional Program, if the Project has an estimated capital cost of over twenty-five million dollars ($25,000,000), as adjusted periodically by the Chief Engineer in accordance with changes in the Consumer Price Index for all urban consumers in the Los Angeles area, or other appropriate index, a provision that the Infrastructure Program Project Developer for such a Project must require that all contractors performing work on such a Project be bound by the provisions of: (1) a County-wide Project Labor Agreement ("County PLA"), if such an agreement has been successfully negotiated between the County and the Trades and is approved by the Board, or (2) a Project Labor Agreement ("PLA") mirroring the provisions of such County PLA.

With respect to a Project funded with SCW Program funds through the Regional Program, if one or more of the Municipalities that is a financial contributor to a Project has its own PLA, a provision that the Infrastructure Program Project Developer for the Project must require that contractors performing work on the Project are bound to such PLA. If more than one of the

contributing Municipalities to a capital project has a PLA, the Project Developer shall determine which of the PLAs will be applied to the Project.

With respect to a Project funded with SCW Program funds through the Regional Program, a provision that the Infrastructure Program Project Developer for such a Project must apply and enforce provisions mirroring those set forth in the then-current version of the County's Local and Targeted Worker Hire Policy ("LTWHP"), adopted by the Board on September 6, 2016, as to contractors performing work on such a Project; or, if the Infrastructure Program Project Developer is a Municipality and has adopted its own policy that is substantially similar to the LTWHP, a provision that the Infrastructure Program Project Developer may, at its election, choose to apply and enforce the provisions of its own such policy as to contractors performing work on such a Project in lieu of the provisions of the LTWHP.

With respect to a Project funded with SCW Program funds through the Regional Program, a provision that the Infrastructure Program Project Developer for such a Project must apply and enforce provisions mirroring those set forth in County Code Chapter 2.211 (Disabled Veteran Business Enterprise Preference Program), County Code Chapter 2.204 (Local Small Business Enterprise Preference Program), and County Code Chapter 2.205 (Social Enterprise Preference Program), as to contractors performing work on such an Infrastructure Program Project, subject to statutory authorization for such preference program(s), and subject to applicable statutory limitations for such preference(s); and, furthermore, a provision that the Infrastructure Program Project Developer implementing such a Project must take actions to promote increased contracting opportunities for Women-Owned Businesses on such a Project, subject to applicable State or federal constitutional limitations.

Requirements for post-construction/implementation monitoring as appropriate.

Requirements on Infrastructure Program Project Developers to carry out all actions necessary to complete the Project.

Requirements related to the operation, maintenance, and repair of the Project throughout its useful life.

A prohibition against the use of SCW Program funds for any Project implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Project implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority, except as provided in subsection 17, below.

A provision that SCW funds may be used for any Project implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board provided that, at the time the TSO is issued, the Project is included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.

(Ord. 2024-0026 § 3, 2024; Ord. 2019-0042 § 11, 2019.)

A.

The credit program described in Section 16.10.A. of Chapter 16 of this code shall be implemented in accordance with the provisions of this Section. The Chief Engineer shall develop and adopt additional or revised implementation procedures and guidelines for the program (Credit Program Procedures and Guidelines) consistent with the purposes and goals of the SCW Program, including a standard formula for calculating the specific amount of Water Quality, Water Supply, Community Investment, and Additional Activities Credits, and additional criteria for credit eligibility, and shall update those implementation procedures and guidelines from time to time, as the Chief Engineer deems necessary or appropriate for the effective operation of the program. Prior to adopting or updating the Credit Program Procedures and Guidelines, the Chief Engineer shall provide not less than thirty (30) days' advance public notice of the proposed procedures and guidelines or revisions. Public notice shall, at a minimum, include posting the proposed procedures and guidelines or revisions on the SCW Program website. The Chief Engineer shall review this Section every five (5) years and propose revisions, for approval of the Board, as necessary to conform the provisions of this Section with the provision of the Credit Program Procedures and Guidelines.

B.

Credit Eligibility Criteria and Calculation of Credit Amounts.

Water Quality Credit. Parcels that include a Stormwater Improvement, or that are located in a Benefited Development that includes a Stormwater Improvement, shall be eligible for a Water Quality Credit as follows:

Water Supply Credit. Parcels that include a Stormwater Improvement or that are located in a Benefited Development that includes a Stormwater Improvement providing a Water Supply Benefit shall be eligible for a Water Supply Credit of up to twenty percent (20%) of the Parcel's Special Parcel Tax amount.

Community Investment Credit. Parcels that include a Stormwater Improvement or that are located in a Benefited Development that includes a Stormwater Improvement providing a Community Investment Benefit shall be eligible for a

Community Investment Credit of up to ten percent (10%) of the Parcel's Special Parcel Tax amount.

Notice of Non-Applicability ("NONA") Credit. A Parcel or portion of a Parcel that is the subject of a NONA issued by the Los Angeles Regional Water Quality Control Board shall be eligible for a credit of up to one-hundred percent (100%) of the Parcel's Special Parcel Tax amount.

Maximum Combined Credit Amounts:

a.

Water Quality Credits, Water Supply Credits and Community Investment Credits may be combined up to a maximum of eighty percent (80%) of a Parcel's Special Parcel Tax amount; and

b.

An additional credit of up to twenty percent (20%) of a Parcel's Special Parcel Tax amount, may be awarded to Parcel owners that perform Additional Activities after November 6, 2018, that confer benefits to the broader regional community related to SCW Program Goals. Examples and additional details will be included in the Credit Program Procedures and Guidelines.

C.

Credit Program Implementation Procedures. The District shall grant Parcel owners credit for qualifying Stormwater Improvements and Additional Activities, as described in Section 18.10.B., in accordance with the following procedures:

The owner or an authorized representative of the owner of a Parcel that includes a Stormwater Improvement or that is located in a Benefited Development, may submit an application for credit or recertification to the District. The application shall include the following information, as applicable:

a.

Photo documentation of the construction or installation of the Stormwater Improvement on the Parcel or Benefited Development, as applicable;

b.

A maintenance management plan for the Stormwater Improvement;

c.

The applicable LID Ordinance design storm volume or IGP or RWQCB Stormwater Permit or SUSMP design standard for the Impermeable Area of the Parcel or Benefited Development;

d.

Calculations of the following:

(1)

The total Impermeable Area of the Parcel or Benefited Development;

(2)

The Impermeable Area tributary to the Stormwater Improvement;

(3)

The maximum volume that the Stormwater Improvement is designed to capture and/or treat; and

(4)

The amount of the Water Quality Credit, Water Supply Credit, Community Investment Credit, and/or Additional Activities Credit applied for.

e.

A certification by a civil engineer licensed to practice in California, that all information in the application pursuant to subsections 1.a through d, above, is correct, that the calculations are accurate, and that the Stormwater Improvement is performing as designed; and

f.

A certification by the Parcel owner or the owner's authorized representative verifying the claimed Community Investment, NONA, and Additional Activities Credits.

The District shall establish application deadlines for each fiscal year and only applications submitted prior to the deadline will be considered for approval.

If the District approves an application for credit, the credit will be applied to the Parcel's Special Parcel Tax amount for the next two (2) fiscal years. Parcel owners or their authorized representatives must thereafter re-certify to continue the credit, every two (2) years. The re-certification to continue the credit shall contain the same information as the initial application for credit, as applicable, and shall be subject to the application deadlines established for the year of re-certification.

Procedures for aggregating multiple Parcels with common ownership and procedures for Benefited Developments shall be included in the Credit Program Procedures and Guidelines. In addition, the Chief Engineer shall consider developing procedures for preliminary review of credit eligibility for Parcel owners and Benefited Developments for inclusion in the Credit Program Procedures and Guidelines.

Applicants shall have the right to appeal a credit determination in accordance with the procedures established in the Credit Program Procedures and Guidelines.

(Ord. 2019-0042 § 11, 2019.)

A.

The credit trading program described in Section 16.10.C. of Chapter 16 shall be implemented in accordance with procedures and guidelines developed and adopted by the Chief Engineer, in consultation with stakeholders, and updated from time to time, consistent with the purposes and goals of the SCW Program, as the Chief Engineer deems necessary or appropriate for the effective operation of the program. Prior to adopting or updating the procedures and guidelines, the Chief Engineer shall provide not less than thirty (30) days' advance public notice of the proposed procedures and guidelines or revisions. Public notice shall, at a minimum, include posting the proposed procedures and guidelines or revisions on the SCW Program website.

B.

Credits earned but not applied in the Credit Program will be eligible for trading.

(Ord. 2019-0042 § 11, 2019.)

The exemption for Low-Income Senior-Owned Parcels described in Section 16.09.B. of Chapter 16 shall be implemented in accordance with procedures and guidelines developed and adopted by the Chief Engineer, and updated from time to time, consistent with the purposes and goals of the SCW Program, as the Chief Engineer deems necessary or appropriate for the effective implementation of the exemption. Prior to adopting or updating the procedures and guidelines, the Chief Engineer shall provide not less than thirty (30) days' advance public notice of the proposed procedures and guidelines or revisions. Public notice shall, at a minimum, include posting the proposed procedures and guidelines or revisions on the SCW Program website.

(Ord. 2019-0042 § 11, 2019.)

The appeals process referenced in Section 16.08.C. of Chapter 16 of this code shall be administered in accordance with procedures and guidelines developed and adopted by the Chief Engineer and updated from time to time, consistent with the purposes and goals of the SCW Program, as the Chief Engineer deems necessary or appropriate for the effective administration of the appeals process. Prior to adopting or updating the procedures and guidelines, the Chief Engineer shall provide not less than thirty (30) days' advance public notice of the proposed procedures and guidelines or revisions. Public notice shall, at a minimum, include posting the proposed procedures and guidelines or revisions on the SCW Program website.

(Ord. 2019-0042 § 11, 2019.)

A.

The purpose of this Section is to establish baseline alternate remedies for the District to utilize in enforcing the provisions of this Chapter. The remedies authorized in this Chapter are cumulative to any other remedy provided for in this code, or the laws of the State of California or the United States of America, so long as the cumulative application of such available remedies would not violate any applicable law.

B.

If the District determines that a Municipality, Infrastructure Program Project Developer, or any other recipient of SCW Program funds has violated any provision of this Chapter or an applicable Transfer Agreement, the District is authorized to issue a notice of violation to the Municipality, Infrastructure Program Project Developer or other recipient of SCW Program revenues. The notice shall be in writing and shall describe the violation, the remedial actions the recipient must take to correct the violation, and the date by which the violation must be corrected.

C.

If the violation involves the use of SCW Program funds for a purpose not authorized by this Chapter, the remedial actions specified in the notice may include a requirement to reimburse the funds, plus interest, to the District.

SCW Program funds reimbursed by a Municipality will be used to fund Regional Projects that, to the extent feasible and as determined by the WASC, are located within the jurisdiction of the Municipality.

SCW Program funds reimbursed by an Infrastructure Program Project Developer will be used to implement Projects in the same Watershed Area from which the funds were collected.

D.

If the violation is not corrected by the date specified in the notice, the District is authorized to immediately suspend and withhold future disbursements of SCW Program funds to the Municipality, Infrastructure Program Project Developer, or other recipient of SCW Program funds, until the violation is corrected; provided, however, that if the violation remains uncorrected for a period of five (5) years, the withheld funds may be reallocated to a different Program or Project in the same Watershed Area, as determined by the applicable Watershed Area Steering Committee.

E.

A Municipality, Infrastructure Program Project Developer, or other recipient of SCW Program funds that disputes a notice of violation that has been issued to it may submit a written notice of appeal to the District not later than twenty (20) business days from the date of the written notice from the District. The District shall appoint a hearing officer to conduct a hearing on the appeal.

Where the notice of violation requires the recipient to reimburse SCW Program funds, the submission of a notice of appeal does not relieve the Municipality, Infrastructure Program Project Developer, or other recipient of SCW Program funds of the obligation to reimburse to the District the SCW Program funds in dispute. If the hearing officer determines that the expenditures in dispute did not violate this Chapter, the reimbursed funds will be returned in the next disbursement of SCW Program revenues to that Municipality, Infrastructure Program Project Developer, or other recipient of SCW Program funds.

(Ord. 2019-0042 § 11, 2019.)