BILL NUMBER: AB 2900 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 17, 2008
AMENDED IN ASSEMBLY MARCH 24, 2008
INTRODUCED BY Assembly Member La Malfa
FEBRUARY 22, 2008
An act to amend Section 13385 of add
Section 13385.4 to the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2900, as amended, La Malfa. Water quality: mandatory
minimum civil penalties.
Under existing law, the State Water Resources Control Board and
the California regional water quality control boards prescribe waste
discharge requirements in accordance with the federal Clean Water Act
and the Porter-Cologne Water Quality Control Act (act). The act,
with certain exceptions, imposes a mandatory minimum penalty of
$3,000 for each serious waste discharge violation, as defined, or for
certain other described violations if those violations occur 4 or
more times in any period of 6 consecutive months, as prescribed.
This bill would require mandatory civil penalties imposed
administratively pursuant to these provisions by the state board or
a regional board to be imposed within 12 months of learning of a
violation, and mandatory civil penalties petitioned to a superior
court by the Attorney General to be requested by a regional board or
the state board within 12 months of learning of a violation
the state board or a regional board to expeditiously take
appropriate action to assess any mandatory minimum penalty .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13385.4 is added to the
Water Code , to read:
13385.4. The state board or a regional board shall expeditiously
take appropriate action to assess any mandatory minimum penalty
pursuant to Section 13385 or 13385.1. All matter omitted in
this version of the bill appears in the bill as amended in the
Assembly, March 24, 2008 (JR11)