Water: Nitrogen Pollution Reduction Act.

Plain English Breakdown

The bill does not specify penalties for non-compliance with new discharge requirements.

Water: Nitrogen Pollution Reduction Act

This act requires state and regional water boards to update regulations for commercial irrigated agricultural areas to reduce nitrogen waste discharges, set new discharge requirements by January 1, 2028, publish crop names and soil nitrogen calculation methods by July 1, 2027, report progress on reducing nitrogen waste discharges by January 1, 2031, and establish a Safer Fertilizer Task Force if funds are provided.

What This Bill Does

• Requires the State Water Resources Control Board to require regional boards to update their Irrigated Lands Regulatory Program to reduce nitrogen waste discharges from commercial irrigated agricultural areas.
• Sets a deadline for regional boards to adopt new orders with stricter waste discharge requirements by January 1, 2028.
• Asks the state board to publish crop names and categories along with methods for calculating soil nitrogen levels by July 1, 2027.
• Requires the state board to report progress on reducing nitrogen waste discharges to lawmakers by January 1, 2031.
• Establishes a Safer Fertilizer Task Force to create standards for nitrogen-based fertilizers if funds are provided by the Legislature.

Who It Names or Affects

• State and regional water quality control boards
• Commercial irrigated agricultural areas in California

Terms To Know

Irrigated Lands Regulatory Program

A program that sets rules for managing waste from farms that use irrigation.

Nitrogen balances

Calculations showing how much nitrogen is added to and removed from croplands, including fertilizer applications and discharges.

Limits and Unknowns

• The bill's effectiveness depends on the Legislature providing funds for the Safer Fertilizer Task Force.
• It does not specify penalties for non-compliance with new discharge requirements.

Official Summary Text

AB 2447, as amended, Bauer-Kahan.
Water Supply Protection
Water: Nitrogen Pollution Reduction
Act.
Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with authority over matters relating to water quality. The act requires the state board to formulate and adopt state policies for water quality control and requires the regional boards to adopt regional water quality control plans in compliance with the state policies. Under the act, the state board and the regional boards prescribe waste discharge requirements for the discharge of waste that could affect the quality of the waters of the state.
This bill would require the State Water Resources Control Board to require the regional boards to update the Irrigated Lands Regulatory Program in order to reduce nitrogen waste discharges from commercial
irrigated agricultural areas, as provided. The bill would require the regional boards to adopt revised orders with waste discharge requirements on or before January 1, 2028, that are sufficient to meet certain reductions in nitrogen waste discharges. The bill would require the state board to, on or before July 1, 2027, publish both a list of standardized crop names and categories, and a statewide methodology for calculating, and field-level reporting of, nitrogen balances for croplands, including nitrogen fertilizer applications and nitrogen discharges, that account for available soil nitrogen, to be used by the regional boards and incorporated into the revised orders. The bill would require the state board, on or before January 1, 2031, and in coordination with the regional boards, to submit a report to the relevant policy committees of the Legislature on progress achieved in implementing these requirements, including data on the extent of progress made toward reducing nitrogen waste discharges, as
provided.
Existing law establishes the Department of Water Resources within the Natural Resources Agency and vests it with various powers and duties related to water.
The bill would, upon appropriation of funds by the Legislature, require the state board to convene a Safer Fertilizer Task Force in coordination with the Department of Food and Agriculture to establish best available technology standards for nitrogen-based fertilizers. The bill would require the task force to include persons representing organizations focused on climate-resilient or sustainable agriculture, water quality protection, public health, and biodiversity, as well as persons representing academic institutions, agricultural producers, the fertilizer industry, and appropriate state or local agencies. The bill would require the
task force to consult with the Fertilizer Inspection Advisory Board’s Technical Advisory Subcommittee in developing those best available technology standards.

Current Bill Text

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