SB 601 Passes Out of Committee

SACRAMENTO - The Senate Environmental Quality Committee on April 2 approved SB 601 (Allen, D-Santa Monica) on a 5-3 vote. The bill, which would amend water quality regulations, now advances to the Senate Judiciary Committee.

ACWA is leading a coalition opposed to SB 601 and joined dozens of organizations stating their opposition to the legislation during a committee hearing. The Chamber of Commerce also testified against the bill, and has produced a one-pager outlining the reasons behind its position.

If signed into law, SB 601 would amend the Porter-Cologne Act to create a classification of water called "nexus waters," a newly defined category of protected waters intended to cover all waters previously protected under federal authority prior to the U.S. Supreme Court's ruling on Sackett v. EPA.

The bill would amend the Porter-Cologne Act in a manner that applies the more stringent federal Clean Water Act permitting regulations to former waters of the United States (WOTUS). The new provisions would also be enforceable by citizen lawsuits, which were previously not permitted.

Paired with the addition of a private right of action, SB 601 would inject regulatory uncertainty and almost certain litigation into water supply and treatment operations.