BILL ANALYSIS Ó
AB 955
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Date of Hearing: April 5, 2011
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bob Wieckowski, Chair
AB 955 (Huber) - As Introduced: February 18, 2011
SUBJECT : Onsite Sewage Treatment Systems.
SUMMARY : Requires State Water Resources Control Board (SWRCB)
regulations for onsite water treatment systems (OWTS) to
establish standards based on the risk posed by the OWTS and meet
the requirements of state law. Specifically, this bill :
1)Makes legislative findings that declare the Legislature's
intent to encourage the SWRCB to develop septic tank
regulations that allow for regional flexibility.
2)Requires the SWRCB, for purposes of its regulation of septic
systems, to categorize septic systems into regulatory tiers
based on the demonstrated risk posed to the public health and
the environment by each system.
3)Requires that the SWRCB's septic system regulations authorize
a qualified local agency to self-certify that its septic
system ordinance implements the septic system requirements
included in existing State law.
EXISTING LAW:
1)Under the Porter-Cologne Water Quality Control Act, creates
the SWRCB and Regional Water Quality Control Boards (RWQCBs)
and provides these entities with various responsibilities
relating to water quality.
2)Authorizes the RWQCBs to prohibit the discharge of waste from
onsite systems.
3)Requires the SWQCB to provide statewide minimum requirements
related to the permitting and operation of OWTS. The minimum
requirements include exemption criteria to be established by
the RWQCBs (AB 885 (Jackson) Chapter 781, Statutes of 2000).
FISCAL EFFECT : Not Known.
COMMENTS :
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According to the sponsors of this bill, the Regional Council of
Rural Counties, this bill will be the vehicle for statutory
changes should they be necessary to create standards that have
minimal impact on rural homeowners and businesses while
maintaining protection for California's groundwater.
Assembly Bill 885 (Jackson) of 2000:
According to the SWRCB, the current practice of regulating OWTS
has led to inconsistencies among the various RWQCBs and among
the numerous local agencies in California's 58 counties. For
example, although most counties have some type of minimum
performance requirement and siting and design requirements
specifically for OWTS, requirements vary greatly from one
jurisdiction to another. California is one of only two states
that do not have statewide OWTS regulations. The inconsistency
in regional and local OWTS requirements and related lack of
statewide regulations, along with the public health and
environmental issues and related incidents, are the primary
reasons why AB 885 was introduced by Assembly member Hannah Beth
Jackson in February 1999 and passed by the California
Legislature and signed into law in 2000 (Chapter 781, Statutes
of 2000).
AB 885 provided direction from the legislature to the SWRCB to
provide statewide minimum requirements related to the permitting
and operation of OWTS. Typically, RWQCBs have adopted minimum
requirements for OWTS in their water quality control plans and
have worked with local agencies (counties, cities, and special
districts) through a formal or informal agreement. When a RWQCB
and local agency enter into such an agreement, the local agency
commits to implement basin plan requirements for OWTS at the
local level.
Proposed OWTS regulations:
The SWRCB officially submitted regulations in response to the
requirements of AB 885 in 2008 and made them available for
public comment along with a Draft Environmental Impact Report.
On February 23, 2009, the SWRCB closed the public comment period
for the draft regulations. According to the SWRCB, during the
comment period the SWRCB received more than 2,500 e-mail
comments and hundreds of comments from 12 public workshops held
throughout the state. Based on the public input on the proposed
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regulations, the SWRCB is formulating substantial changes to the
regulations. Those revised regulations are currently in
development by the SWRCB.
Prior legislation:
1)AB 580 (Huber), 2009, this bill contained similar provisions
requiring tiered OTWs regulations. This bill was subsequently
amended to address the Clean Vehicle Rebate Project, and was
held in the Senate.
2)AB 268 (Gaines), 2009, repeals the requirements of AB
885(Jackson) that require the SWRCB to adopt regulations on
the operation and siting of OWTS. Held in the ESTM Committee.
3)AB 916(Logue), 2009, provided that the SWRCB actions shall be
limited to recommended standards rather than establishing
enforceable regulations. Held in the ESTM Committee.
Recommended technical amendments :
These amendments will clarify language on a single set of tiered
standards.
Page 3, Line 3, strike "and" and insert: performance
requirements and,
Page 2, line 19 after "standards" insert: that consist of a risk
based tiered approach
Page 2, line 21, shall categorize each of the" and delete lines
22 and 23.
REGISTERED SUPPORT / OPPOSITION :
Support
Regional Council of Rural Counties (sponsor)
Opposition
None Received
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
AB 955
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319-3965