STATE WATER RESOURCES CONTROL BOARD

WORKSHOP SESSION--DIVISION OF FINANCIAL ASSISTANCE

FEBRUARY 4, 2003

ITEM 2

SUBJECT

CONSIDERATION OF A RESOLUTION AUTHORIZING AN AMENDMENT TO RESOLUTION NO. 2001-093 TO INCREASE TO $381,560 THE ELIGIBLE COSTS OF MERCED COUNTY (COUNTY) FOR IMPLEMENTING WATER CODE SECTION 79114.2, ADDED BY THE COSTA-MACHADO WATER ACT OF 2000 (2000 BOND ACT)

DISCUSSION

On August 16, 2001, the State Water Resources Control Board (SWRCB) adopted Resolution No. 2001-093 authorizing the Executive Director or designee to negotiate, execute, and amend contracts with the counties of Merced, Tulare, Kings, and Madera to implement Water Code section 79114.2, added by the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Acts.

The County received a $350,000 funding commitment from SWRCB under Resolution No. 2001-093 to prepare and propose revisions to the current Merced County Animal Confinement Ordinance, enacted in 1983, and modification of associated provisions of the County’s Zoning Code. The County also received commitment from SWRCB for $600,000 under Resolution No. 2002-0159 to fund an Air Quality Study and $350,000 commitment from SWRCB under Resolution No. 2002-0160 to fund the development of a Comprehensive Nutrient Management Plan technical guidance document.

Increasing Resolution No. 2001-093’s funding commitment by $31,560 would cover the costs of additional research and reports on groundwater issues, the costs for the preparation of an addendum to the final Environmental Impact Report (EIR) and legal costs incurred by the County in association with the preparation of this addendum.

The additional $31,560 in costs for the preparation of the final EIR is necessary due to the following:

  1. The County’s attorney advised that in order to strengthen the EIR and prevent a legal challenge, additional research was needed on air emission and groundwater issues, which was included in the response to comments in the final EIR;
  2. A report was generated that addressed the issue of heavy metals in dairy waste, especially selenium; and
  3. Last minute comments and concerns required additional time to prepare the final EIR.

The County must prepare an addendum to the EIR that will address some minor changes to the final EIR and provide consistency between the county ordinance and State and Federal regulations.

POLICY ISSUE

Should SWRCB amend Resolution No. 2001-093 to increase the eligible costs of

the County for implementing Water Code section 79114.2, added by the

Costa Machado Water Act of 2000 (2000 Bond Act) to $381,560?

FISCAL IMPACT

The impact to the $5 million appropriation to section 79114.2 of Proposition 13 is as follows:

State Fiscal Year 2002-03
Budget allocation / $5,000,000
Funds previously committed / $2,997,617
Current balance / $2,002,383
Requested funding for Merced County / $31,560
Total requested funds / $ 31,560
Remaining balance, if approved / $1,970,823

RWQCB IMPACT

Yes, Central Valley Regional Water Quality Control Board.

STAFF RECOMMENDATION

That SWRCB amends Resolution No. 2001-093 to increase the eligible costs of

the County for implementing Water Code section 79114.2, added by the

Costa Machado Water Act of 2000 (2000 Bond Act) to $381,560.

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DRAFT

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 2003- ____

RESOLUTION AUTHORIZING AN AMENDMENT TO RESOLUTION

NO. 2001-093 TO INCREASE TO $381,560 THE ELIGIBLE COSTS OF MERCED COUNTY (COUNTY) FOR IMPLEMENTING WATER CODE SECTION 79114.2, ADDED BY THE COSTA-MACHADO WATER ACT OF 2000 (2000 BOND ACT)

WHEREAS:

  1. On August 16, 2001, the State Water Resources Control Board (SWRCB) adopted Resolution No. 2001-093 authorizing the Executive Director or designee to negotiate, execute, and amend contracts with the counties of Merced, Tulare, Kings, and Madera to implement Water Code section 79114.2, added by the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Acts;
  2. The County received a $350,000 funding commitment from SWRCB under Resolution No. 2001-093 to prepare and propose revisions to the current Merced County Animal Confinement Ordinance, enacted in 1983, and modification of associated provisions of the County’s Zoning Code. The County also received commitment from SWRCB for $600,000 under Resolution No. 2002- 0159 to fund an Air Quality Study and a $350,000 commitment from SWRCB under Resolution No. 2002-0160 to fund the development of a Comprehensive Nutrient Management Plan Guidance;
  3. The increase of $31,560 covers the costs of additional research and reports on groundwater issues, the costs for the preparation of an addendum to the final Environmental Impact Report (EIR), and legal costs incurred by the County in association with the preparation of this addendum;
  4. The County is requesting an amendment to SWRCB Resolution No. 2001-093 to increase the County’s authorized amount of $350,000 by $31,560 for total funding of $381,560.

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board amends Resolution No. 2001-093 to increase the eligible costs of the County for implementing Water Code section 79114.2, added by the Costa Machado Water Act of 2000 (2000 Bond Act) to $381,560.

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 February 19, 2003.

______

Maureen Marché

Clerk to the Board

WMI Committee Recommendations, 9/9/02