BILL NUMBER: AB 741	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman

                        FEBRUARY 17, 2011

   An act to add Section 5465 to the Health and Safety Code, relating
to wastewater.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 741, as introduced, Huffman. Onsite wastewater disposal
conversion.
   Existing law prohibits the discharge of sewage or other waste, or
the effluent of treated sewage or other waste, in any manner which
will result in contamination, pollution, or a nuisance. Under
existing law, when the State Department of Public Health or any local
health officer finds that a contamination exists, the department or
the officer is required to order the contamination abated, as
provided.
   Under existing law, an owner or reputed owner of property included
within an assessment district for construction of a main trunkline
or collector sewer lines may request the governing board to construct
all necessary plumbing to connect his or her property to the
adjoining public sewer system, the cost of the which constitutes a
lien on the property.
   This bill would authorize specified entities, as defined, to use
this provision for the purpose of converting properties from onsite
septic systems and connecting them to the sewer system.
   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.  Section 5465 is added to the Health and Safety Code, to
read:
   5465.  (a) The procedures specified in this section may be used by
a public agency that is an entity, as defined in Section 5470.
   (b) An entity may use the procedures specified in Section 5464 for
the purpose of converting properties from onsite septic systems and
connecting them to a sewer system, whether or not an order or other
action shall have been issued or taken for an abatement of
contamination created by sewage disposal. The conversion improvements
and costs may include, but are not limited to, pipes, pumps and
other equipment, septic system abandonment, and associated sewage
treatment capacity.
   (c) For purposes of this section, and in addition to any other
power, an entity may exercise the powers specified in Article 4
(commencing with Section 5470).
   (d) The authority granted by this section shall be in addition to,
shall not be in derogation of, and shall not affect, any authority
granted by other law relating to recovering the cost incurred by an
entity for connecting properties to the public sewer system, or the
entity's exercise of powers pursuant to any other law. This section
shall be deemed to provide a complete and supplemental method for
exercising the powers authorized by this section, and shall be deemed
supplemental to the powers conferred by other applicable laws.
   (e) For purposes of this section, the following definitions shall
apply:
   (1) "Assessment district" as used in statutes referenced in this
section also means an improvement district or any other area served
by the entity's sewer collection system.
   (2) "Governing board" and "governing body" mean the governing body
of the entity.
   (3) "Ordinance" as used in statutes referenced in this section
also means a resolution.