BILL NUMBER: AB 741	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 14, 2011

INTRODUCED BY   Assembly Member Huffman
    (   Coauthors:   Assembly Members 
 Miller   and Wagner   ) 

                        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 amended, 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   that  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  
defined  entities  , as defined,  to use this
provision for the purpose of converting properties from onsite septic
systems and connecting them to the sewer system  and for
replacing existing sewer laterals connecting p   ipes 
 to a 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.  
   (b) An entity may use the procedures specified in Section 5464 for
either of the following purposes, whether or not an order or other
action has been issued or taken for an abatement of contamination
created by sewage disposal:  
   (1) Converting properties from onsite septic systems and
connecting them to a sewer system. 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.  
   (2) Replacing existing sewer laterals connecting pipes to a sewer
system. The cost of the lateral replacement shall constitute the cost
of an improvement for connection to a sewer system. 
   (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.