BILL ANALYSIS Ó
AB 955
Page 1
ASSEMBLY THIRD READING
AB 955 (Huber)
As Amended April 12, 2011
Majority vote
ENVIRONMENTAL SAFETY 8-0
APPROPRIATIONS 17-0
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|Ayes:|Wieckowski, Miller, |Ayes:|Fuentes, Harkey, |
| |Campos, Davis, Feuer, | |Blumenfield, Bradford, |
| |Bonnie Lowenthal, | |Charles Calderon, Campos, |
| |Morrell, Valadao | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Smyth, |
| | | |Solorio, Wagner |
| | | | |
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SUMMARY : Requires the 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)Creates, under the Porter-Cologne Water Quality Control Act,
the SWRCB and Regional Water Quality Control Boards (RWQCBs)
and provides these entities with various responsibilities
relating to water quality.
AB 955
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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 ƯAB 885 (Jackson) Chapter 781, Statutes of 2000].
FISCAL EFFECT : Unknown
COMMENTS : According to the sponsor 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.
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 (i.e., 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 (Jackson)
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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 regulations, the SWRCB
is formulating substantial changes to the regulations. Those
revised regulations are currently in development by the SWRCB.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0000793