Businesses, schools, hospitals, community centers, places of worship and a host of other entities across the state could face huge new costs if legislation now pending in the Assembly is adopted.
AB 1313 (Papan; D-San Mateo) is opposed by the California Chamber of Commerce and a coalition of employer groups and local chambers of commerce because it creates an unworkable stormwater permit with crushing compliance costs and a private right of action.
The bill requires the State Water Resources Control Board to develop a new statewide National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges from all commercial, industrial and institutional (CII) facilities.
The permit would apply to an unknown number of entities but estimates range from tens of thousands to more than 100,000 properties throughout the state.
The costs to comply with the permit are likely to range from tens of thousands to millions of dollars for each property owner, according to an economic study prepared by the state for the regional pilot program that serves as the model for AB 1313. In some regions of California, compliance options may be infeasible.
AB 1313 would likely raise prices on everyday goods and services—like groceries, gas, child care, rent, and health care. The high compliance costs would be difficult for many entities to absorb and possibly result in some entities cutting services or shutting down.
Overall, AB 1313 would increase the cost of living and worsen California’s business climate.
AB 1313 also would risk unleashing a wave of predatory lawsuits by subjecting CII properties to private enforcement under the federal Clean Water Act.
The bill vastly expands the number of entities vulnerable to citizen lawsuits—including schools, hospitals, small businesses, and nonprofits—many of which lack the resources to defend themselves in federal court.
AB 1313 failed to advance out of the Assembly in 2025. Legislative deadlines require the bill to pass the Assembly and move to the Senate by the end of January.
AB 1313 is modeled after a permit being developed within a portion of the Los Angeles area that has faced significant technical, financial, and administrative challenges AB 1313 attempts to scale this permit statewide without proof it works even at a local level.
This regional permit has been under development for more than four years and its completion date is unknown. Last November, the Los Angeles Regional Water Quality Control Board delayed action on the permit until this spring after industry stakeholders voiced concern with many aspects of the permit.
