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50 <br />11/23115 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 "4041401 permit" is issued. <br />Except as otherwise provided, all provision of the act are effective when it becomes law. <br />S:12_Boards\B00C\2015 Public HearingslNov QPH\Work Session Items \2015 Session Law Effects\Att 2 - ImpactsOfSL2015- 286( HB765 )EC- SW- ProeramOfOC- 111215.doc <br />