ITEM: 4

SUBJECT: CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OR HIS DESIGNEE TO ACCEPT A FEDERAL CLEAN WATER ACT SECTION 319(h) GRANT FOR AN AMOUNT UP TO $10.7 MILLION FOR SUPPORT OF THE NONPOINT SOURCE PROGRAM

DISCUSSION: Federal Clean Water Act (CWA) Section 319(h) provides grants to states to implement Nonpoint Source (NPS) Management Programs. On September 17, 1998, the State Water Resources Control Board (SWRCB) adopted Resolution No. 98-096 authorizing the Executive Director to accept a CWA Section 319(h) grant for up to $6 million. In October 1998, Congress substantially increased the CWA Section 319(h) grant program in support of the President's Clean Water Action Plan (CWAP).

Only states submitting Unified Watershed Assessment (UWA) by October 1, 1998 were eligible for the incremental CWA Section 319(h) funding. California submitted a UWA. This final California UWA was prepared in accordance with the CWAP and the guidance provided by the U.S. Department of Agriculture (USDA) and the U.S. Environmental Protection Agency. The final UWA was prepared by an interagency workgroup headed by the SWRCB and the USDA, Natural Resources Conservation Service. This workgroup consisted of broad representation from State, Federal, and local agencies; Tribes; watershed groups; and other groups.

California's grant allotment for Federal Fiscal Year (FFY) 1999 increased from $5.3 million to approximately $10.7 million. In order to accept the additional funds, the SWRCB must adopt a resolution authorizing the Executive Director to accept a Federal CWA Section 319(h) grant for up to $10.7 million.

POLICY ISSUE: Should the SWRCB authorize the Executive Director or his designee to apply for, accept, and amend, if appropriate, a CWA Section 319(h) grant for FFY 1999 for an amount up to $10.7 million for support of the NPS Program; negotiate and approve a program workplan; and negotiate and execute contracts and amendments to implement the workplan?

FISCAL IMPACT: Division of Water Quality staff will work with the Budget Office to ensure that there is adequate budget authority for the additional funds.

RWQCB IMPACT: Yes. All Regional Water Quality Control Boards.

STAFF RECOMMENDATION: That the SWRCB authorize the Executive Director or his designee to apply for, accept, and amend, if appropriate, a CWA Section 319(h) grant for FFY 1999 for an amount up to $10.7 million for support of the NPS Program; negotiate and approve a program workplan; and negotiate and execute contracts and amendments to implement the workplan.

December 28, 1998 Draft

WHEREAS:

1. The Federal Clean Water Act (CWA) Section 319(h) provides grant funds for states to implement Nonpoint Source (NPS) Management Programs.

2. The State Water Resources Control Board (SWRCB) is the designated State agency in California to administer the NPS Program.

3. The SWRCB approved an NPS Management Plan on November 15, 1998 which included activities that the SWRCB and the nine Regional Water Quality Control Boards (RWQCBs) will undertake to control NPS pollution.

4. On June 22, 1995, the SWRCB adopted its Strategic Plan which requires the implementation of a Watershed Management Initiative (WMI) and coordination of many SWRCB/RWQCB activities under the WMI.

5. The SWRCB and U.S. Department of Agriculture, Natural Resources Conservation Service submitted a Unified Watershed Assessment (UWA) on October 1, 1998.

6. Submittal of the UWA made California eligible to receive the incremental CWA Section 319(h) funds.

7. The U.S. Environmental Protection Agency (USEPA) has notified the SWRCB that the Federal Fiscal Year (FFY) 1999 CWA Section 319(h) grant allocation will not exceed $10.7 million.

THEREFORE BE IT RESOLVED THAT:

The SWRCB authorizes the Executive Director or his designee to:

1. Apply for, accept, and amend, if appropriate, FFY 1999 CWA Section 319(h) grant for an amount up to $10.7 million for support of the NPS Program;

2. Negotiate and approve a program workplan; and

3. Negotiate and execute contracts and amendments to implement the program workplan.

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 January 21, 1999.

______________________________

Maureen Marché

Administrative Assistant to the Board