BILL NUMBER: AB 955	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huber

                        FEBRUARY 18, 2011

   An act to amend Section 13291 of the Water Code, relating to water
quality.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 955, as introduced, Huber. Onsite sewage treatment systems.
   Existing law, the Porter-Cologne Water Quality Control Act, on or
before January 1, 2004, requires the State Water Resources Control
Board, in consultation with other entities, to adopt regulations or
standards for the permitting and operation of specified onsite sewage
treatment systems. The act requires the state board to apply those
regulations or standards to those systems commencing 6 months after
their adoption. The act requires the regulations or standards to
include exemption criteria established by the California regional
water quality control boards. The act requires the regulations to
include minimum operating requirements and requires that the
regulations authorize a qualified local agency to implement the
requirements adopted under the act if the local agency requests
authorization.
   This bill would require the state board to classify onsite sewage
treatment systems into regulatory tiers based on the demonstrated
risk each system poses to the public health and environment. The bill
would specify that the exemption criteria to be contained in the
regulations may also be established by the state board in addition to
the regional boards. The bill would delete from the local agency
implementation provision the condition that the local agency request
authorization.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  The Legislature finds and declares the following:
   (a) The Legislature commends the State Water Resources Control
Board for listening to public concerns regarding the onsite sewage
treatment system regulatory program and responding to those concerns
by reevaluating regulations adopted pursuant to Chapter 781 of the
Statutes of 2000 (Assembly Bill 885 of the 1999-00 Regular Session).
   (b) The Legislature encourages the board to draft regulations that
ensure local control, cure failing septic systems, and minimize cost
to homeowners.
   (c) It is the intent of the Legislature to assist the board's
efforts through clarifying legislation if necessary.
  SEC. 2.  Section 13291 of the Water Code, as amended by Chapter 288
of the Statutes of 2010, is amended to read:
   13291.  (a) On or before January 1, 2004, the state board, in
consultation with the State Department of Public Health, the
California Coastal Commission, the California Conference of Directors
of Environmental Health, counties, cities, and other interested
parties, shall adopt regulations or standards for the permitting and
operation of all of the following onsite sewage treatment systems in
the state  and   ,  shall  categorize
each of the following systems into regulatory tiers based on the
demonstrated risk posed to the public   health and the
environment by each system, and shall  apply those regulations
or standards commencing six months after their adoptions:
   (1) Any system that is constructed or replaced.
   (2) Any system that is subject to a major repair.
   (3) Any system that pools or discharges to the surface.
   (4) Any system that, in the judgment of a regional board or
authorized local agency, discharges waste that has the reasonable
potential to cause a violation of water quality objectives, or to
impair present or future beneficial uses of water, to cause
pollution, nuisance, or contamination of the waters of the state.
   (b) Regulations or standards adopted pursuant to subdivision (a),
shall include, but shall not be limited to, all of the following:
   (1)  Minimum operating requirements  
Requirements that local programs include minimum operating standards
 that may include siting, construction, and  performance
requirements   monitoring to determine system
performance  .
   (2) Requirements for onsite sewage treatment systems adjacent to
impaired waters identified pursuant to subdivision (d) of Section 303
of the Clean Water Act (33 U.S.C. Sec. 1313(d)).
   (3) Requirements authorizing a qualified local agency to implement
 those   the  requirements adopted under
this chapter within its jurisdiction  if that local agency
requests that authorization  .
   (4) Requirements for corrective action when onsite sewage
treatment systems fail to meet the requirements or standards.

   (5) Minimum requirements for monitoring used to determine system
or systems performance, if applicable.  
   (6) 
    (5)  Exemption criteria to be established by  the
state board or the  regional boards. 
   (7) 
    (6)  Requirements for determining a system that is
subject to a major repair, as provided in paragraph (2) of
subdivision (a).
   (c) This chapter does not diminish or otherwise affect the
authority of a local agency to carry out laws, other than this
chapter, that relate to onsite sewage treatment systems.
   (d) This chapter does not preempt any regional board or local
agency from adopting or retaining standards for onsite sewage
treatment systems that are more protective of the public health or
the environment than this chapter.
   (e) Each regional board shall incorporate the regulations or
standards adopted pursuant to subdivisions (a) and (b) into the
appropriate regional water quality control plans.