Senator Allen, Assemblymember Kalra, and Coalition of Environmental Advocates Take Action to Protect Now-Vulnerable Waters Across California

SACRAMENTO, CA – Celebrating the introduction of SB 601 to protect California waters, Senator Ben Allen (D-Santa Monica) hosted a press conference today alongside co-author Assemblymember Ash Kalra, co-sponsors California Coastkeepers Alliance and Defenders of Wildlife, and SB 601 supporter EnviroVoters.

“Our now vulnerable waters cannot afford any delay,” said Senator Allen. “In the face of retreating federal policy, it now falls on us to make sure that our state’s waters continue to enjoy the same protections from pollution that we have long relied upon. This is about basic water safety for our communities and environment.” 

Since 1948, federal standards have been in place to limit pollution into waters across the nation. The federal Water Pollution Control Act of 1948 was later amended to the federal Clean Water Act of 1972, continuing to provide important safeguards for sensitive ecosystems and our precious water supply. Through a robust permitting process implemented by the State, the Clean Water Act regulates if, how, and when industrial, municipal, and other business facilities may discharge pollutants into “Waters of the United States” (WOTUS).

However, in May of 2023, the Supreme Court ruled in Sackett v. EPA that certain waters that are not “relatively permanent” should not be considered under the WOTUS definition needed to receive these protections. This ruling turned a blind eye to the natural state of seasonal and drought-sensitive water systems especially prevalent in the west, stripping many of our waters from protections they had benefited from for decades. Many of these now-vulnerable streams and wetlands remain vitally important to so many ecosystems, even during dry times.

“The 2023 Sackett decision has left California waters exposed to greater threats and worsening water quality and flow,” said Ashley Overhouse, Water Policy Advisor for Defenders of Wildlife. “In response to diminishing federal protections, California must bolster the Clean Water Act with a rule like Sen. Allen’s proposal to ensure our state waters are safeguarded from these growing threats. This is not just about protecting today’s ecosystems — it’s about investing in a future where clean, healthy water is guaranteed for all communities and wildlife.”

Sean Bothwell, Executive Director for the California Coastkeeper Alliance, added, “California’s waters are under attack from recent Supreme Court decisions, and the already under-resourced and over-taxed Water Boards cannot ensure our right to drinkable, swimmable, and fishable waterways without state action. Senate Bill 601 provides our Water Boards with the tools necessary to maintain clean water protections while doing so in an efficient, cost-saving manner.”

SB 601 will address the vulnerabilities created by Sackett v. EPA by establishing new definitions and clarifications in state law to recapture all the waters that previously met the federal WOTUS definition prior to the U.S. Supreme Court decision. SB 601 will provide the same pollution protection standards for these waters offered by the federal Clean Water Act.

"There is no California without water. It forms the cornerstones of our ecosystems, quenches the fields that grow our food, and keeps every one of our approximately 40 million residents healthy and hydrated," said Assemblymember Kalra (D-San José). "When regulations for water standards are weakened and undermined, it should be recognized as not just a threat to water quality, but overall quality of life. I am proud to coauthor SB 601 and fight to preserve the clean, accessible water that all Californians deserve."

"While Trump and corporate polluters strip away protections that keep our water clean, California is fighting back with the full force of the world’s fifth-largest economy. We must restore over 50 years of federal clean water safeguards by locking them into state law, ensuring our protections aren’t rolled back,” said Marquis Mason, Advocacy Partnership Coordinator, California Environmental Voters. “By reinstating the Clean Water Act level of protections California had before the Sackett decision, we’re making sure our wetlands, drinking water, and communities stay protected.”

SB 601 will be referred in the coming days to its relevant policy committee for a hearing this spring.