BILL NUMBER: AB 741 ENROLLED
BILL TEXT
PASSED THE SENATE JUNE 27, 2011
PASSED THE ASSEMBLY JULY 1, 2011
AMENDED IN SENATE JUNE 9, 2011
AMENDED IN ASSEMBLY APRIL 11, 2011
AMENDED IN ASSEMBLY MARCH 14, 2011
INTRODUCED BY Assembly Member Huffman
(Coauthors: Assembly Members Ma, Miller, and Wagner)
(Coauthor: Senator Harman)
FEBRUARY 17, 2011
An act to amend Section 5464 of, and to add Section 5465 to, the
Health and Safety Code, relating to wastewater.
LEGISLATIVE COUNSEL'S DIGEST
AB 741, Huffman. Onsite wastewater disposal.
Existing law prohibits the discharge of sewage or other waste, or
the effluent of treated sewage or other waste, in any manner 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 which constitutes a lien
on the property. Under existing law, as an alternative to the
enforcement of the lien, the governing body of the public agency is
authorized to provide for the payment of costs prior to the
construction and connection or in installments over a period, not to
exceed 15 years, and to provide a rate of interest not to exceed 6%
per annum, as specified.
This bill would allow the installments to be over a period not to
exceed 30 years and at a rate of interest not to exceed 12%. The bill
would also authorize defined entities to use this provision for the
purpose of converting properties from onsite septic systems and
connecting them to the sewer system and for replacing or repairing
existing sewer laterals connecting pipes to a sewer system.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5464 of the Health and Safety Code is amended
to read:
5464. An owner or reputed owner, who has his or her property
included within an assessment district for the 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 street public sewer system. The person employed by the
governing board to do the work shall have a lien upon the property,
for work done and materials furnished, and the work done and
materials furnished shall be deemed to have been done and furnished
at the request of the owner, reputed owner, or person claiming or
having an interest in the property. The governing board may pay all,
or any part, of the cost or price of the connection to the person or
persons who furnished labor, materials, or equipment and, to the
extent that the governing board pays the cost or price of the
connection, it shall succeed to and have all the rights, including
the lien, of the person or persons against the property and the owner
or reputed owner of the property.
As an alternative power to the enforcement of the lien provided
for in this section, the governing body of the public agency
performing the work of connection to the public sewer may, by the
power of ordinance approved by two-thirds vote of the members of the
legislative body, fix the cost of improvement for connection to the
sanitation or sewerage facilities, fix the times at which such costs
shall become due, provide for the payment of the costs prior to the
construction and connection or in installments over a period, not to
exceed 30 years, provide a rate of interest, not to exceed 12 percent
per annum, to be charged on the unpaid balance of the costs, and
provide that the amount of the costs and the interest shall
constitute a lien against the respective lots or parcels upon which
the facilities are constructed.
The governing body may use the procedures specified in Section
5474 to implement the levying of the costs for the construction and
connection of the premises to the public sewer.
SEC. 2. 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
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 or repairing existing sewer laterals connecting
pipes to a sewer system. The cost of the lateral replacement or
repair 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.