BILL NUMBER: AB 1232	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 7, 2009
	AMENDED IN ASSEMBLY  APRIL 20, 2009

INTRODUCED BY   Assembly Member Huffman

                        FEBRUARY 27, 2009

   An act to add Section 56375.2 to the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1232, as amended, Huffman. Local agency formation commissions:
powers and duties.
   Existing law requires the local agency formation commission in
each county, to, among other things, review and approve or disapprove
proposals for changes of organization, or reorganization, and
authorizes the commission to initiate proposals for the formation,
consolidation, or dissolution of a district, a merger, or the
establishment of a subsidiary district, as specified.
   This bill would  , on and after January 1, 2011, 
authorize the  commission in specified counties 
 Marin County Local Area Formation Commission  to initiate
and approve the consolidation of one or more small wastewater
agencies  within specified counties  if certain
conditions exist.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature hereby finds and declares the
following:
   (a) The federal Clean Water Act prohibits the discharge of
pollutants into water of the United States except in compliance with
various sections of that act, including permits for treated discharge
of wastewater.
   (b) Wastewater sewer systems collect, transport, and treat
wastewater sewage. However, illegal sewage spills of raw or partially
treated sewage often occur and are commonly caused by severe weather
and improper system operation and maintenance.
   (c) The United States Environmental Protection Agency estimates
that there are at least 40,000 sewage spills each year. The sewage
from these spills can contaminate our waters, causing serious water
quality problems.
   (d) San Francisco Bay is part of a critically important estuary
that supports large numbers of birds, fish, and wildlife, including
threatened and endangered species. The bay and estuary are also
linked to the water supply for over two-thirds of the state's
population.
   (e) The San Francisco Bay Regional Water Quality Control Board
reports that over 2,000 separate illegal sewage spills occurred
between 2004 and 2007. Over 500 of the spills exceeded 1,000 gallons.
One of the largest spills was 2.5 million gallons in Marin County,
which illegally discharged both untreated and partially treated
sewage into Richardson Bay, which is an ecologically sensitive area.
   (f) Small wastewater agencies are often challenged with the high
cost of maintenance and repair of sewer lines and treatment plants.
To reduce water quality problems and to increase system efficiencies,
in 2004 the Marin County Local Area Formation Commission recommended
a consolidation plan for 11 small wastewater agencies.
   (g) It is the intent of the Legislature to increase the
effectiveness and efficiency of small wastewater agencies and reduce
the impacts of water quality due to illegal sewage spills.
  SEC. 2.  Section 56375.2 is added to the Government Code, to read:
   56375.2.  (a) For purposes of this section the following terms
have the following meanings: 
   (1) "San Francisco Bay area counties" means the Counties of
Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, San
Francisco, Solano, and Sonoma.  
   (1) "Commission" means the Marin County Local Area Formation
Commission. 
   (2) "Small wastewater agencies" means sanitation districts and
local governments that provide sewer and wastewater collection or
treatment services to  a population of 20,000  
10,000 service connections  or less.
   (b) In addition to those powers enumerated in Section 56375,
 a   the  commission  located in
any of the San Francisco Bay area counties,  may initiate
and approve, after notice and hearing, a  reorganization or 
consolidation of small wastewater agencies, without protest
hearings, if  both   all  of the following
conditions exist:
   (1) A commission municipal services  report, 
 review done for the wastewater agencies,  completed within
the prior 10 years,  recommends consolidation.  
makes findings or determinations related to reorganization or
consolidation, that if implemented would improve financial and
service level benefits, government accountability, operational
efficiencies, and provide cost savings for the ratepayers.  

    (2) The wastewater agencies have not implemented the commission's
findings or determinations adopted in the municipal services review
described in paragraph (1).  
   (2) 
    (3)  The wastewater agencies affected have  had,
or have contributed to,   had  three or more
illegal  discharges   discharges, based on
violatio   ns identified by the San Francisco  
Regional Water Quality Control Board,  in the last five years
that exceed 5,000 gallons of untreated or partially treated
wastewater to waters of the state. 
   (c) A commission may require consolidation of a small wastewater
agency with a larger wastewater agency where the larger agency does
not meet the conditions required by subdivision (b). 

   (d) 
    (c)  This section shall become effective on January 1,
2011.
   SEC. 3.    The Legislature finds and declares that,
because of the unique circumstances applicable to the County of
Marin, a statute of general applicability cannot be enacted within
the meaning of subdivision (b) of Section 16 of Article IV of the
California Constitution. Therefore, this special statute is
necessary.