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50 <br /> 11/23/15 Page 4 of 4 <br /> BOCC Effects of SL 2015-286 (HB 765) on Orange Co. <br /> 6. Requires the Environmental Review Commission (ERC), with the assistance of <br /> the Department of Environment and Natural Resources (DENR), to perform a <br /> comprehensive review of all regulations related to the management of <br /> stormwater in the State, and make recommendations as to whether they should <br /> be recodified or reorganized in order to clarify State law for the management of <br /> stormwater. The reporting timeline for this starts April 25, 2016 and the outcome <br /> cannot be determined at this point in time. No resulting changes are expected <br /> to Orange County's stormwater management program; however we <br /> welcome clarification! <br /> 7. Excludes cluster mailbox units from calculation of built-upon area for the <br /> development for stormwater permitting purposes. This only applies to single- <br /> family or duplex developments. For retrofits, local government shall not require a <br /> modification to any stormwater permit for that development. Effective <br /> immediately but expires on December 31, 2017, or when regulations on cluster <br /> box design and placement by the United States Postal Service become effective <br /> and those regulations are adopted by local governments, whichever is earlier. <br /> 8. By March 1, 2016, DENR is required to report to the ERC the results of a study, <br /> including any recommendations as they relate to exempting linear utility projects <br /> from "certain" environmental regulations. "Linear utility projects" are defined as <br /> electric power lines, water lines, sewage lines, stormwater drainage lines, <br /> telephone lines, cable television lines, data transmission lines, communications- <br /> related lines, or natural gas pipelines. The outcome and effects of this <br /> legislation on Orange County cannot be determined at this point in time. <br /> 9. §143-214.7C was added and DENR / EMC must amend their rules to be <br /> consistent with not requiring mitigation for impacts to intermittent streams, <br /> except as required by federal law. For purposes of the added section, <br /> "intermittent stream" was defined as a well-defined channel that has all of the <br /> following characteristics- <br /> (1) It contains water for only part of the year, typically during winter and spring <br /> when the aquatic bed is below the water table. <br /> (2) The flow of water in the intermittent stream may be heavily supplemented by <br /> stormwater runoff. <br /> (3) It often lacks the biological and hydrological characteristics commonly <br /> associated with the conveyance of water. <br /> Apparently effective immediately, this prohibition seems problematic, as <br /> intermittent streams are considered "waters of the US" under the Clean <br /> Water Act and therefore "jurisdictional", requiring 404 permitting for <br /> impacts and the corresponding 401 water quality certification by the State. <br /> Orange County is prohibited from issuing a land disturbance permit until <br /> what is commonly referred to as the "404/401 permit" is issued. <br /> Except as otherwise provided, all provision of the act are effective when it becomes law. <br /> SA2 Boards\BOCC\2015 Public Hearings\Nov QPI-nWork Session Iterns\2015 Session LaNvEtfects�Att2-ImpactsOt5L2015-286(HB765)EC-SW-ProgramOfOC-111215.doc <br />