BILL ANALYSIS
AB 752
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Date of Hearing: April 14, 2009
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Wesley Chesbro, Chair
AB 752 (Arambula) - As Introduced: February 26, 2009
SUBJECT : State Water Pollution Control Revolving Fund:
Severely disadvantaged communities.
SUMMARY : Defines, for the purposes of the State Water
Pollution Control Revolving Fund, a "severely disadvantaged
community" as a community with a median household income of less
than 60 percent of the statewide average.
EXISTING LAW :
1)Defines, in Public Resources Code sections 4799.09 and 75005,
a "disadvantaged community" as a community with a median
household income of less than 80% of the statewide average.
2)Defines, in Public Resources Code sections 4799.09 and 75005,
a "severely disadvantaged community" as a community with a
median household income of less than 60% of the statewide
average.
3)Defines, in Water Code section 13193.9, a "small disadvantaged
community" as a municipality with a population of 20,000
persons or less, or a reasonably isolated and divisible
segment of a larger municipality encompassing 20,000 persons
or less, with an annual median household income that is less
than 80 percent of the statewide median.
4)Creates, in Water Code section 13477.6, the State Water
Pollution Control Revolving Fund Small Community Grant Fund
(Small Community Grant Fund) in the State Treasury.
5)Requires the State Water Resources Control Board (SWRCB), for
the purpose of approving grants from the Small Community Grant
Fund, to give priority to projects that serve severely
disadvantaged communities.
FISCAL EFFECT : Unknown.
COMMENTS :
AB 752
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1)Purpose: According to the author's office, "Last year AB 2356
was signed into law providing desperately needed grant funds
to severely disadvantaged communities for waste water
treatment projects. AB 752 provides technical clean up by
adding a necessary definition of "severely disadvantaged
community" to the proper code section."
AB 2356 (Arambula, Chapter 609, Statutes of 2008) provided
tools to the SWRCB so that it can better assist disadvantaged
communities in rectifying critical wastewater system needs.
One of these tools was the creation of the Small Community
Grant Fund, the monies of which are available upon
appropriation by the Legislature to the SWRCB for grants for
small community wastewater projects. The bill also requires
the SWRCB to prioritize projects that serve severely
disadvantaged communities; however, the bill, and the
California Water Code in general, fail to define "severely
disadvantaged communities."
2)History of the "severely disadvantaged community" definition :
The definition of "severely disadvantaged community" as is in
this bill was established in the Public Resources Code by the
Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006 (Proposition
84). Additionally, AB 2045 (De La Torre, Chapter 438, Statues
of 2008) uses the same definition regarding urban forestry
programs.
3)Small community wastewater challenges: The SWRCB, in its June
16, 2008, Water Boards' Draft Small Community Wastewater
Strategy, asserts that, "?Small communities face specific
challenges related to their drinking water and wastewater
systems. Many are currently on failing septic systems or have
old and undersized wastewater treatment plants that cannot
meet current water quality standards. Such systems can cause
significant health and safety problems, endanger surface water
uses, and pose a threat to groundwater supplies? Therefore,
more financial, technical, and regulatory assistance is needed
to bring small communities into compliance." AB 2356
(Arambula, Chapter 609, Statutes of 2008) provided some of
this assistance.
4)Related legislation .
a) AB 783 (Arambula, Chapter 614, Statutes of 2007).
AB 752
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Directs the Department of Public Health (DPH) to prioritize
funding of water projects in disadvantaged communities,
among other requirements.
b) AB 2356 (Arambula, Chapter 609, Statutes of 2008).
Requires the SWRCB to take specified actions when
allocating funds to small, disadvantaged communities for
wastewater collection, treatment or disposal projects.
Establishes the Small Community Grant Fund in the State
Treasury and requires the prioritization of severely
disadvantaged communities for grant disbursement.
c) AB 2045 (De La Torre, Chapter 438, Statues of 2008).
Among other provisions, defines a "severely disadvantaged
community" as a community with a median household income of
less than 60% of the statewide average.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of Federal, State and Municipal Employees
(AFSME)
Opposition
None on file.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965