STATE WATER RESOURCES CONTROL BOARD

WORKSHOP SESSION - DIVISION OF FINANCIAL ASSISTANCE

January 4, 2005

ITEM 5

SUBJECT

CONSIDERATION OF A RESOLUTION AUTHORIZING AN AMENDMENT TO RESOLUTION NO. 2002-0089 TO INCREASE TO $400,000 THE ELIGIBLE COSTS OF KERN COUNTY (COUNTY) FOR DEVELOPING ZONING ORDINANCE REVISIONS AND A PROGRAMMATIC ENVIRONMENTAL IMPACT REPORT FOR CONTINUED PERMITTING OF DAIRIES

DISCUSSION

The State Water Resources Control Board adopted Resolution No. 2002-0089 on May 16, 2002. Resolution No. 2002-0089 authorized the Executive Director or designee to negotiate, execute, and amend a grant contract for up to $275,000 with the County to prepare Zoning Ordinance revisions and a Programmatic Environmental Impact Report (PEIR) for the continued permitting of dairies in the County. Authorization of this contract allowed the SWRCB to implement Water Code section 79114.2, added by the Costa Machado Water Act of 2000 (2000 Bond Act).

Recently, the County’s Planning Department received numerous applications to process conditional use permits for new dairy animal facilities desiring to relocate to the County. As a result of this and other factors, the estimated costs for preparing a comprehensive PEIR that examines cumulative impacts from the proposed and existing facilities has increased. Increasing the funding commitment of Resolution No. 2002-0089 by $125,000 will enable the County to prepare a PEIR and Zoning Ordinance revisions to meet the needs of the County in establishing performance standards for siting proposed dairy animal facilities.

POLICY ISSUE

Should the SWRCB amend Resolution No. 2002-0089 to increase to $400,000 the eligible costs of the County for developing Zoning Ordinance revisions and a PEIR for continued permitting of dairies in the County?

FISCAL IMPACT

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

Budget allocation / $5,000,000
Funds previously committed / $3,029,177
Current balance / $1,970,823
Requested funding for Kern County / $125,000
Total requested funds / $125,000
Remaining balance, if approved / $1,845,823


RWQCB IMPACT

Yes, Central Valley Regional Water Quality Control Board.

STAFF RECOMMENDATION

That the SWRCB should amend Resolution No. 2002-0089 to increase to $400,000 the eligible costs of the County for developing Zoning Ordinance revisions and a PEIR for continued permitting of dairies in the County.

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 2004-

RESOLUTION AUTHORIZING AN AMENDMENT TO RESOLUTION NO. 2002-0089

TO INCREASE TO $400,000 THE ELIGIBLE COSTS OF KERN COUNTY (COUNTY)

FOR DEVELOPING ZONING ORDINANCE REVISIONS AND A PROGRAMMATIC ENVIRONMENTAL IMPACT REPORT FOR CONTINUED PERMITTING OF DAIRIES

WHEREAS:

1.  The State Water Resources Control Board (SWRCB) adopted Resolution No. 2002-0089 on May 16, 2002, authorizing the Executive Director or designee to negotiate, execute, and amend a grant contract for up to $275,000 with the County to prepare Zoning Ordinance revisions and a Programmatic Environmental Impact Report (PEIR) for the continued permitting of dairies in the County;

2.  The County received a $275,000 funding commitment from SWRCB to prepare the Zoning Ordinance revisions and a PEIR for the continued permitting of dairies in the County;

3.  The County is requesting an amendment to SWRCB Resolution No. 2002-0089 to increase the funding authorization by $125,000 for total funding of $400,000; and

4.  The $125,000 increase will enable the County to develop a comprehensive PEIR and Zoning Ordinance revisions that meet current needs.

THEREFORE BE IT RESOLVED:

The State Water Resources Control Board amends Resolution No. 2002-0089 to increase to $400,000 the eligible costs of Kern County (County) for developing Zoning Ordinance revisions and a Programmatic Environmental Impact Report for continued permitting of dairies in the County.

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 January 20, 2005.

______

Debbie Irvin

Clerk to the Board