Contra Costa County Regional Alternative
Compliance System Overview
Introduction
What Are the Challenges with the Existing System?
• The Municipal Regional
Stormwater Permit (MRP)
Provision C.3 requires low
impact development
(LID)/green stormwater
infrastructure (GSI) to be
implemented:
– On new development and
redevelopment projects
– To retrofit a proportion of
permittee impervious surfaces
(C.3.j)
What Are the Challenges with the Existing System?
Challenges:
• Some re/development sites
have physical or site use
constraints to implement GSI
• Distributed GSI is costly and
requires considerable effort to
maintain
• Legacy pollution is
concentrated in certain areas
of Contra Costa County
How can Regional Alternative Compliance (RAC)
address these challenges?
• The RAC System allows an off-site option for new and
redevelopment projects to meet MRP C.3 requirements
– Other regulated stormwater dischargers may also participate (e.g.
Caltrans, Phase II permittees, etc.)
• The RAC System allows for investment in regional GSI projects that:
– Are cheaper to implement and maintain per acre treated – Can be located to target legacy pollution in the County – Could provide additional multiple benefits
AND
• The RAC System establishes designated O&M funding to
ensure long-term performance of facilities
RAC System
Development
Process
What is the Legal Basis for Alternative Compliance?
• Alternative compliance systems
are legally enabled through
existing rules, guidance, and plans
• Contra Costa County (CCC) RAC
System was developed in input
from:
– CCC Permittees
– Advisory Committee made from nine
SF Bay Area Counties + Caltrans +
Port of Oakland
– Water Quality Control Board and
EPA
– Internal and external Legal
Reviewers
Regional Water Board
• The Water Board has approved
the Contra Costa County RAC
System under the current MRP
Provision C.3.e “alternative
compliance”
• RAC System reporting will be
delivered to Water Board at a
specified frequency each permit
term
RAC System
Implementation
Process
System Overview and
Participant Roles
Contra Costa County RAC System
RAC System Participants - Sellers
• Design, construct, and maintain Off-Site GSI projects • Request certification of compliance units by the RAC System • Receive payment once compliance units are sold
• Receive reimbursement for O&M performed
• May include:
– MRP Permittees
– Contractors/Developers
– Community Based Public-Private Partnerships (CBP3)
RAC System Participants - Buyers
• Purchase compliance units for their compliance purposes • Pay an ongoing O&M Fee
• May include:
– Developers
– MRP Permittees
– Other parties subject to NPDES Permits (Caltrans, Phase II permittees, etc.)
RAC System Participants –
Jurisdictions/Permittees (Facilitator)
Approve use of RAC System (i.e., City Council resolution) Update Stormwater Ordinance to include RAC system
For Off-Site Projects in their boundary:
• Assist with Off-Site GSI Project Certification
• Enter data into RAC System Tracking Tool
• Perform On-Going GSI Project Verification
• Receive payment for these duties
Off-Site GSI Project in Jurisdiction A Jurisdiction A performs these actions Off-Site GSI Projects
RAC System Participants –
Jurisdictions/Permittees (Facilitator)
For Buyers:
• Approve use of RAC System by Buyer
• Help identify Compliance Units available for private Buyers • Facilitate Compliance Purchase, Agreements, and Ongoing O&M Fee for these private Buyers
• Receive payment for these RAC System duties
When a Buyers project is
located in Jurisdiction A
Jurisdiction A
facilitates these
transactions
RAC System Participants - Administrator
• Provides oversight for RAC System actions/transactions • Oversight of the RAC System fund
• Manages Tracking Tool
• Manages annual reporting to Water Board
• Performs adaptive management of RAC System
• Receives administrative payments to cover these duties
RAC System Participants – Community Facilities
District*
• Collects ongoing O&M Fees from Buyers
• Manages O&M Fund
• Disburses payments for O&M performed on Off-Site GSI
Projects
• CFD may not apply to permittee when acting as Buyers (would use agreement)
* Or Equivalent Mechanism
Public Agency to Developer Exchange
+
Compliance Purchase ($$)
Seller
Payment for Compliance Units Purchased ($$)
Reimbursement for
O&M Performed ($$)
Seller requests
certification of
compliance units
O&M Fee
($$)
Contra Costa County RAC System
Buyer
Seller Designs, Constructs, and
Maintains Off-Site GSI Project
Compliance Units
Off-Site GSI Project
Certification
Data Entry into RAC
System Tracking Tool
Off-site GSI Project
Ongoing O&M
Verification
Off-Site GSI Project
Compliance Units are
Available for
Purchase
Buyer makes one-time
Compliance Purchase
Buyer pays ongoing O&M Fees
through RAC System Agreement
Community Facilities
District or other
Mechanism
RAC System
Implementation
Process
Compliance Units Costs
Buyer Compliance Purchase
• Buyer purchases Equivalent Acres Greened compliance units proportional to their compliance needs
𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶
= 𝐸𝐸𝐸𝐸𝑃𝑃𝐸𝐸𝐸𝐸𝑃𝑃𝐸𝐸𝑃𝑃𝐸𝐸𝐸𝐸 𝐴𝐴𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 𝐺𝐺𝑃𝑃𝑃𝑃𝑃𝑃𝐸𝐸𝑃𝑃𝐺𝐺 × 𝑁𝑁𝐸𝐸𝑁𝑁 𝑅𝑅𝑃𝑃𝐸𝐸𝐸𝐸𝑅𝑅 × 𝐶𝐶𝑅𝑅𝑃𝑃𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸 + 𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝐸𝐸𝐸𝐸𝐸𝐸𝐴𝐴𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐴𝐴𝐴𝐴𝐴𝐴𝐶𝐶𝐴𝐴𝐶𝐶𝐴𝐴𝐶𝐶 • The compliance purchase amount is determined by:
– The cost per equivalent acre greened for the units purchased – An administrative payment
Equivalent Acres Greened Cost Basis: Capital Cost
• How much do we expect compliance units to cost?
Equivalent Acres Greened Cost Basis: Capital Cost
• How much do we expect Equivalent Acres Greened
compliance units to cost? Based on a cost study, not including administrative fees, for
non-infiltrating facilities:
– Regional Off-Site GSI Projects - estimated $120,000 per compliance unit
– Regional Off-Site GSI Projects (for drainage area less than 100 acres):
$235,000 per compliance unit
– Green Street/LID Off-Site GSI Projects - estimated $460,000 - $500,000+ per compliance unit
• A cost study will determine the administrative fees
– These are expected to be $2,000 - $6,000 per project and may vary by jurisdiction. These are preliminary estimates that need to be verified.
Equivalent Acres Greened Cost Basis: Ongoing
O&M Fee
• The Rate & Method Apportionment (RMA) would determine the ongoing O&M fee amount.
• Based on the estimated O&M cost for the units purchased • O&M costs would be collected via property taxes process for private properties
• O&M costs would be collected by agreement for permittees
Next Steps for
Implementation
Contra Costa County RAC System Roll-Out
Phase 1: Initial pilot
exchange within
Contra Costa County
2024
Phase 2: 3-year
initial roll-out across
Contra Costa County
2026 - 2029
Phase 3+: Fully
operational
2029/2030+
RAC System
Implementation
Process
Off-Site GSI Project
Verification &
Buyer Approval
Off-Site Project Certification/Verification
• Off-Site GSI Project design and
installation must be “certified”
through inspection by local
jurisdiction using current certification
practices
• Off-Site GSI Projects generate
compliance units based on the area
treated by the Off-Site GSI Project
– Must be “GSI” per the MRP (infiltration,
capture and use, or bioretention)
– Must meet MRP Provision C.3.d (i.e.,
80% capture)
Off-Site Project Certification/Verification
• Off-Site GSI Project must
undergo ongoing recurring
verification to confirm it is
performing as expected over time
– Local jurisdiction would perform
verification using current
verification practices
– Local jurisdiction would receive
payment for these actions
Buyer Project Approval
• Developers/C.3 Regulated Projects
that want to purchase compliance
units will need to get approval from
the relevant jurisdiction
– This will be done through the
development approval process
• Developers can use the system to
address compliance for small
portions of a C.3 regulated project
RAC System
Implementation
Process
Ongoing O&M
Community Facilities District
• A RAC JPA will adopt a CFD
– Resolution of Intention
– Public Hearing Process
• Election: Each property that will use the RAC System for compliance will be required to “elect” to be part of the CFD • Special tax is levied by ordinance adoption by the relevant legislative body
Community Facilities District
• Roles and responsibilities for O&M
– Off-Site facilities will be required to maintain their facility in accordance with the Site’s O&M Agreement
– Off-Site facilities will be inspected to verify O&M compliance • Funding
– Once a facility is confirmed to meet their O&M requirement the Off- Site facility will submit O&M certification to RAC System – The O&M payment will be issued to the Off-Site facility
RAC System
Implementation
Process
Compliance Unit
Calculation
Compliance Unit Generation
• “Equivalent Acres Greened” compliance units
– Calculated based on pollutant generating area
• 100% impervious + 10% pervious area
– Rainfall zone and land use associated with each unit
• For MRP C.3 Regulated Projects:
– To meet “equivalency” and “Net Environmental Benefit” requirements of Provision C.3.e., there are three additional factors used to calculate total “Equivalent Acres Greened”
1. Rainfall Ratio
2. Pollutant Ratio
3. Net Environmental Benefit (NEB) Ratio
– These factors not required for permittee C.3.j retrofit compliance units
Compliance Unit Generation: Rainfall Zone
• Used PRISM data to map the County’s Rainfall Zones
• Maps and tables were developed to represent the Rainfall Zones and calculate Rainfall Ratios
Compliance Unit Generation: Rainfall Zone
Compliance Unit Generation: Land Use Area
• Extensive analysis completed to develop ratios to represent the difference in urban pollutant loading between land uses
Compliance Unit Generation: Net Environmental
Benefit
• The CCC RAC System has defined the standard Regulated Project NEB as a ratio of 1.1:1 (i.e., requiring purchase of 10% additional Equivalent Acres Greened)
Project Type Compliance Unit Land Use NEB Ratio
C.3.d Regulated
Project
Residential, Commercial,
Institutional or Transportation Standard - 1.1:1
C.3.d Regulated
Project Old Industrial Discounted - 1:1
C.3.j Retrofit
Requirement
N/A NEB not required
Compliance Unit Generation
• Detailed calculations on the compliance unit are provided in the System Summary Report
• Equivalent Acres Greened generated for Off-site GSI Projects and required purchase amount for Regulated Projects will be calculated through the RAC System Tracking Tool
RAC System
Tracking Tool
Overview of Tracking Tool
• Tracks compliance units generated and certified
• Tracks seller and buyer information
• Tracks exchanges, including number of compliance units purchased and total purchase amount
• Includes a ledger to track the compliance units sold and available for sale for each Off-Site GSI project
• Tracks O&M performed and reimbursements for O&M
• Tracks ongoing verification of compliance units
• Acts as a repository for documentation for all of the above
Thank You!