Opposition to SB 601 (Allen) Water: waste discharge

June 12, 2025

The Honorable Ben Allen
California State Senate
1021 O Street, Suite 8630
Sacramento, CA 95814

RE: SB 601 (Allen) Water: waste discharge – Oppose

Dear Senator Allen:

On behalf of the Marin County Board of Supervisors, I write to respectfully oppose SB 601, which would impose expansive new water quality permitting and enforcement requirements that duplicate existing law, significantly increase costs for local governments, and expose public agencies to broad new litigation risks.

Marin County is a long-standing leader in environmental protection and watershed stewardship—long prioritizing local habitat protection, wetlands restoration, and water quality. We are also an active partner in the Marin County Stormwater Pollution Prevention Program (MCSTOPPP)—a multi-jurisdictional effort that coordinates local implementation of state and federal stormwater regulations to protect the health of Marin’s waterways and wetlands.

However, SB 601 would undermine these collaborative local efforts by imposing vague and duplicative mandates that significantly expand local obligations without improving environmental outcomes. The bill would redefine “waters of the state” to include a new, broadly defined category of “nexus waters,” and subject them to expanded permitting, monitoring, and enforcement obligations—including under Total Maximum Daily Load (TMDL) programs.

We are particularly concerned about:

• Unprecedented litigation exposure: The bill would establish a new private right of action under state law, enabling any member of the public—or organization—to sue local governments over alleged violations of discharge permits related to “nexus waters.” Our County Counsel has reviewed the bill, and noted it creates a troubling scenario for local government in which even full compliance with Water Board-issued permits may not shield local governments from costly litigation, similar to the abuse of citizen suits under Proposition 65.
• Removal of balanced, local considerations: SB 601 eliminates the requirement that the Water Boards consider critical local factors such as economic feasibility, housing needs, and recycled water development—currently protected under Water Code §13241. Economic feasibility is a critical consideration for small, under-resourced local governments.
• Redundant and unnecessary regulation: California already has robust authority under the Porter-Cologne Water Quality Control Act, including general waste discharge permits and the 2019 State Wetland Definition and Procedures. The State Water Board already has the tools it needs to protect waters previously covered under federal law, yet SB 601 goes beyond restoring federal protections—proposing to layer on new, ambiguous mandates. This compounds the already complex stormwater obligations counties manage under programs like MCSTOPPP.

Our Board remains fully committed to protecting water quality, wetlands, and fish and wildlife habitat – and we share your urgency in ensuring protections of these critical habitats are not impeded under the new administration. However, we believe that the State of California already has the legal tools it needs to protect waterways from any withdrawn federal protections. Instead, we are concerned it would divert limited public resources away from local collaborative water quality initiatives like MCSTOPPP and into litigation, paperwork, and project delays.

We stand ready to partner with you and your office on thoughtful, workable solutions that advance California’s water quality goals without compromising the ability of local governments to deliver essential public services. We welcome the opportunity to collaborate on approaches that strengthen environmental protections while honoring the practical realities in water quality control faced by local governments across the state.

Thank you for your consideration of our input.

Sincerely, 

Mary Sackett, President
Marin County Board of Supervisors

CC:      Marin County Board of Supervisors
            Senator Mike McGuire
            Assemblymember Damon Connolly