BILL NUMBER: AB 964	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2011
	AMENDED IN ASSEMBLY  MARCH 17, 2011

INTRODUCED BY   Assembly Member Huffman

                        FEBRUARY 18, 2011

   An act to add Section 13481.6 to the Water Code, relating to water
pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 964, as amended, Huffman. State Water Pollution Control
Revolving Fund: onsite sewer improvement projects.
   Existing law continuously appropriates state and federal funds in
the State Water Pollution Control Revolving Fund to the State Water
Resources Control Board to provide financial assistance for the
construction of publicly owned treatment works by a municipality, the
implementation of a specified management program, the development
and implementation of a specified conservation and management plan,
and other related purposes in accordance with the federal Clean Water
Act and the state Porter-Cologne Water Quality Control Act.
   This bill would require financial assistance provided from the
fund for onsite sewer improvements, as defined, to be provided only
for projects for which a public agency has adopted a sewer system
management plan, as defined, that includes a prescribed 10-year plan
for sewer upgrades. The bill, commencing January 1,  2014,
  2013,  would require a public agency receiving
financial assistance from the fund for that purpose to report 
annually  to the board on its progress with respect to
developing and implementing a 10-year plan for sewer upgrades.
   The bill also would make legislative findings and declarations
related to water quality and financing onsite sewer system
improvements.
   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 all of the
following:
   (a) The frequency and size of sewage spills of raw or partially
treated sewage is often a result of aging sewer systems and a lack of
maintenance on leaky and dilapidated infrastructure.
   (b) Sewage spills also occur due to rainstorms infiltrating and
overcoming poorly maintained or outdated systems.
   (c) Sewage spills cause significant economic damage; they cause
fishery closures, hurt the tourism industry, create unsafe swimming
conditions, result in closed beaches, and cost ratepayers millions of
dollars annually to abate and clean up.
   (d) Sewage spills result in significant contamination of the
environment. The state's waterways are part of critically important
ecosystems that support large numbers of birds, fish, and other
wildlife, including, but not limited to, many threatened and
endangered species. Sewage contamination threatens these ecosystems
when it escapes public sewer systems.
   (e) Public agencies are often challenged with the high cost of
maintenance and repair of sewer lines, and often have limited
authority over private sewer lines that feed into public sewer
systems. 
   (f) Sewage from improperly designed, located, constructed, or
maintained septic systems can leak bacteria, viruses, household
chemicals, and other contaminants causing or contributing to serious
water quality problems.  
   (g) Waiting until properties change ownership does not address in
a timely manner the need to rehabilitate aged and leaking private
sewer laterals or needed conversions from septic systems to the
public sewer system.  
   (f) 
    (h)  Establishment of a 10-year plan to maintain and
improve public and private sewer infrastructure will help 
prevent   protect surface   water and
groundwater, including preventing  sewage spills caused by
stormwater intrusion into sewer collection systems.
  SEC. 2.  Section 13481.6 is added to the Water Code, to read:
   13481.6.  (a) The Legislature finds and declares all of the
following:
   (1) It is the intent of the Legislature to address water quality
needs throughout California by permitting voluntary individual sewer
improvements that provide a public benefit. The Legislature further
intends that this chapter should be used to finance the installation
of onsite sewer improvements that are permanently fixed to
residential, commercial, industrial, agricultural, or other real
property, including installation of improvements to, and replacements
of, existing onsite sewer facilities served by a community sewer
system  or a septic conversion  .
   (2) To improve the quality of surface water and groundwater,
necessary efforts include the promotion of onsite sewer improvements
that provide a public benefit in preventing water quality
degradation.
   (3) The upfront cost of  rehabilitating and replacing
existing sewer laterals   making needed improvements to,
or replacements of, existing sewer laterals, or septic conversion,
 prevents many property owners from making those improvements.
To make those improvements more affordable and to promote the
installation of those improvements, it is necessary for the board to
give favorable consideration to an alternative procedure to finance
the cost of onsite sewer improvements.
   (4) A public purpose will be served by a locally administered
low-cost loan program that provides the legislative body of a public
agency with the authority to finance the installation of onsite sewer
improvements that are permanently fixed to residential, commercial,
industrial, agricultural, or other real property.
   (b) For purposes of this section, the following terms have the
following meanings:
   (1) "Onsite sewer improvements" means permanent sewer improvements
fixed to real property that convey sewage from the property's
interior plumbing to the point of discharge into the public agency's
sewer facilities, and may include, but is not limited to, pipes,
pumps, other equipment, sewer laterals, or one-time charges for
sewage treatment capacity associated with the improvements. Onsite
sewer  and  improvements may be installed to modify
or replace existing onsite sewer improvements.  "Onsite sewer
improvements" may include, if appropriate, septic conversions. 
   (2) "Public agency" means a city, county, city and county,
municipal utility district, community services district, sanitary
district, sanitation district, or water district as defined in
Section 20200. 
   (3) "Septic conversion" means the conversion of a residential,
commercial, industrial, agricultural, or other real property from an
onsite septic system to a community sewer collection service, and may
include related septic system abandonment.  
   (3) 
    (4)  "Sewer system management plan" is a system-specific
plan that meets the requirements of the Statewide General Waste
Discharge Requirements for Sanitary Sewer Systems (Order No.
2006-0003-DWQ of the State Water Resources Control Board), as that
order may be amended. 
   (4) 
    (5)  "Ten-year plan for sewer upgrades" means a plan
that includes, but need not be limited to, all of the following:
   (A) An evaluation that identifies and prioritizes the areas where
onsite sewer improvements are needed in order to prevent, within
 ten   10  years, sanitary sewer overflows
due to  excessive infiltration and inflow through cracked and
leaking sewer laterals.   aging, cracked, and leaking
sewer laterals. If a public agency intends to provide financial
assistance for septic conversions, the evaluation shall also identify
and prioritize areas where septic conversions are needed to protect
surface water or groundwater. 
   (B) Strategies for public outreach to private property owners
 to make repairs to, or replacement of, as necessary, private
sewers laterals   regarding the critical importance of
properly designed, located, constructed, and maintained onsite sewer
improvements  for the purpose of prevention or abatement of
sewage contamination. Outreach shall include, but shall not be
limited to, providing information about financing  options.
The information shall address the possibility of loans between the
property owners and the agency.   options for owners who
wish to make repairs to, or replace, as necessary, private sewer
laterals. If the local agency has identified in its 10-year plan
where septic conversions are needed, outreach shall also include
information regarding financing options for septic conversions. If
the publ   ic agency has received financial assistance from
the fund, outreach information shall address the possibility of
low-cost loans between the property   owners and the agency.

   (C) Guidelines for managing and accounting for funding made
available to property owners for the purposes of  lateral
repairs or replacements   onsite sewer improvements
 . The guidelines may authorize the property owner to purchase
directly the related equipment and materials for the installation of
onsite sewer  and septic  improvements and to
contract directly for the installation of onsite sewer improvements
that are permanently fixed to the property owner's residential,
commercial, industrial, agricultural, or other real property.
   (c) Financial assistance provided from the fund for purposes of
onsite sewer improvements shall be provided only for projects for
which a public agency has adopted a sewer system management plan
that, in addition to other applicable requirements, includes a
10-year plan for sewer upgrades.
   (d) Commencing January 1,  2014,   2013,
 a public agency receiving financial assistance in accordance
with subdivision (c) shall report  annually  to the board on
the progress of developing and implementing the  ten-year
  10-year  plan for sewer upgrades.