BILL NUMBER: AB 1200	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 4, 2011
	AMENDED IN ASSEMBLY  APRIL 15, 2011
	AMENDED IN ASSEMBLY  MARCH 17, 2011

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 18, 2011

    An act to amend Section 13271 of, and to add Section
13193.5 to, the Water Code, relating to water quality.  
An act to add Section 13383.1 to the Water Code, relating to water
quality. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1200, as amended, Ma. Water quality: discharges: sewer systems.

   (1) The Porter-Cologne Water Quality Control Act generally
requires a person who causes or permits any hazardous substance or
sewage to be discharged in or on any waters of the state, as soon as
that person has knowledge of the discharge and other requirements are
met, to immediately notify the California Emergency Management
Agency of the discharge in accordance with specified spill reporting
requirements.  The act requires the California Emergency
Management Agency to immediately notify the appropriate California
regional water quality control board and the local health officer and
director of environmental health of the discharge. Upon receiving
notification of a discharge, the local health officer and the
director of environmental health are required to immediately notify
the public of the discharge by posting notices or other appropriate
means, if necessary, to safeguard public health and safety. A person
who fails to notify in accordance with these requirements, with a
certain exception, is guilty of a misdemeanor that is punishable by a
fine of not more than $20,000, imprisonment for not more than one
year, or both.  Under the act, the notification requirements
do not apply to a discharge that is in compliance with waste
discharge requirements or other specified provisions of law. 

   This bill would remove that exception to the notification
requirements for a combined sewer and stormwater system that
discharges stormwater and sewage that is untreated or subject to only
primary treatment, thereby expanding the scope of a crime. By
expanding the scope of a crime, and to the extent that the bill would
increase the level of services imposed on local health officers,
this bill would impose a state-mandated local program. 

   (2) The 
    The  act  also  requires the public or private
entity having legal authority over the operation and maintenance of,
or capital improvement to, a sewer collection system to submit a
report to the appropriate regional board relating to a spill or
overflow from a sanitary sewer system. 
   This bill would require a local public agency that operates a
combined sewer and stormwater system to implement a notification plan
to inform the public in the event of a discharge that occurs on or
near a recreational beach. The bill would require the agency, upon
the occurrence of a sewer discharge on or near a recreational beach,
to post notice at the beach and conduct shoreline monitoring, in
accordance with a schedule determined by the appropriate California
regional water quality control board. The bill would require the
agency to make reasonable efforts to enter into an agreement with a
nongovernmental organization for regular sampling of receiving waters
affected by discharges from the combined sewer and stormwater
system. By imposing new requirements on local public agencies that
operate combined sewer and stormwater systems, this bill would impose
a state-mandated local program.  
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   This bill would require a combined sewer and stormwater system
owner or operator to submit to the appropriate regional board an
overflow event report, as provided.  
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
 
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

   SECTION 1.    Section 13383.1 is added to the 
 Water Code   , to read:  
   13383.1.  (a) (1) A local public agency operating a combined sewer
and stormwater system shall implement a notification plan to inform
the public in the event of a discharge from the system that occurs on
or near a recreational beach.
   (2) The notification plan shall include both of the following:
   (A) A communication mechanism to alert persons using all receiving
waters affected by sewer discharges.
   (B) A testing system to determine the nature and duration of
conditions resulting from sewer discharges that are potentially
harmful to users of receiving waters.
   (b) Upon a discharge from a combined sewer and stormwater system
on or near a recreational beach, the public agency operating the
system shall post notice at the beach in the vicinity of the
discharge and shall conduct shoreline monitoring for bacteria at
monitoring locations in the vicinity of the discharge, in accordance
with a schedule determined by the appropriate regional board.
Shoreline monitoring during and after the discharge and the posting
of notice shall continue until bacteria concentrations in the
receiving waters at the monitoring locations fall below maximum
limits established by the appropriate regional board.
   (c) A local public agency operating a combined sewer and
stormwater system shall make reasonable efforts to enter into an
agreement with a nongovernmental organization for regular sampling of
receiving waters affected by discharges from the combined sewer and
stormwater system. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 13193.5 is added to the
Water Code, to read:
   13193.5.  (a) As used in this section, the following terms have
the following meanings:
   (1) "Combined sewer and stormwater system owner or operator" means
the public or private entity having legal authority over the
operation and maintenance of, or capital improvements to, the
combined sewer and stormwater system.
   (2) "GIS" means Geographic Information System.
   (b) On or before January 1 of a year in which the Legislature has
appropriated sufficient funds for this purpose, the state board, in
consultation with representatives of cities, counties, cities and
counties, special districts, public interest groups, the State
Department of Public Health, and the regional boards shall develop a
uniform overflow event report form to be used for reporting of
combined sewer and stormwater system overflows as required in
subdivision (c). This event report form shall include, but not be
limited to, all of the following:
   (1) The cause of the overflow, including, but not limited to, the
amount of any rainfall that may have contributed to the overflow.
   (2) An estimate of the volume of the overflow event.
   (3) Location of the overflow event. Sufficient information shall
be provided to determine location for purposes of GIS mapping, such
as specific street address or the latitude and longitude of the
event.
   (4) Date, time, and duration of the overflow event.
   (5) Whether or not a beach closure occurred or may have occurred
as a result of the overflow.
   (6) The name, address, and telephone number of the system owner or
operator and a specific contact name.
   (c) Commencing on July 1 of a year in which the Legislature has
appropriated sufficient funds for this purpose, in the event of a
spill or overflow from a combined sewer and stormwater system, the
combined sewer and stormwater system owner or operator, shall submit
to the appropriate regional board, within 30 days of the date of
becoming aware of the overflow event, a report using the form
described in subdivision (b). The report shall be filed
electronically, if possible, or by fax or mail if electronic
submission is not possible.
   (d) Before January 1 of a year in which the Legislature has
appropriated sufficient funds for this purpose, the state board, in
consultation with representatives of cities, counties, cities and
counties, and special districts, public interest groups, the State
Department of Public Health, and regional boards, shall develop and
maintain a combined sewer and stormwater system overflow database
that, at a minimum, contains the parameters described in subdivisions
(b) and (c).
   (e) Commencing on July 1 of a year in which the Legislature has
appropriated sufficient funds for this purpose, each regional board
shall coordinate with combined sewer and stormwater system owners or
operators, the State Department of Public Health, and local health
officers to compile the reports submitted pursuant to this section.
Each regional board shall report that information to the state board
on a quarterly basis, to be included in the combined sewer and
stormwater system overflow database.
   (f) The state board shall make available to the public, by
Internet and other cost-effective means, as determined by the state
board, information that is generated pursuant to this section. In a
year in which the Legislature has appropriated sufficient funds for
the purposes described in this subdivision, the state board shall
prepare a summary report of the information collected in the combined
sewer and stormwater system overflow database, and make it available
to the general public through the Internet and other cost-effective
means, as determined by the state board. To the extent resources and
the data allow, this report shall include GIS maps compiling coastal
overflow events.
   (g) An overflow shall be reported pursuant to this section even if
the overflow was in compliance with waste discharge requirements or
otherwise authorized under law.  
  SEC. 2.    Section 13271 of the Water Code is
amended to read:
   13271.  (a) (1) Except as provided by subdivision (b), any person
who, without regard to intent or negligence, causes or permits any
hazardous substance or sewage to be discharged in or on any waters of
the state, or discharged or deposited where it is, or probably will
be, discharged in or on any waters of the state, shall, as soon as
(A) that person has knowledge of the discharge, (B) notification is
possible, and (C) notification can be provided without substantially
impeding cleanup or other emergency measures, immediately notify the
California Emergency Management Agency of the discharge in accordance
with the spill reporting provision of the state toxic disaster
contingency plan adopted pursuant to Article 3.7 (commencing with
Section 8574.16) of Chapter 7 of Division 1 of Title 2 of the
Government Code.
   (2) The California Emergency Management Agency shall immediately
notify the appropriate regional board, the local health officer, and
the director of environmental health of the discharge. The regional
board shall notify the state board as appropriate.
   (3) Upon receiving notification of a discharge pursuant to this
section, the local health officer and the director of environmental
health shall immediately determine whether notification of the public
is required to safeguard public health and safety. If so, the local
health officer and the director of environmental health shall
immediately notify the public of the discharge by posting notices or
other appropriate means. The notification shall describe measures to
be taken by the public to protect the public health.
   (b) The notification required by this section shall not apply to a
discharge in compliance with waste discharge requirements or other
provisions of this division, except for a combined sewer and
stormwater system that discharges stormwater and sewage that is
untreated or subject to only primary treatment.
   (c) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine of
not more than twenty thousand dollars ($20,000) or imprisonment in a
county jail for not more than one year, or both. Except where a
discharge to the waters of this state would have occurred but for
cleanup or emergency response by a public agency, this subdivision
shall not apply to any discharge to land that does not result in a
discharge to the waters of this state.
   (d) Notification received pursuant to this section or information
obtained by use of that notification shall not be used against any
person providing the notification in any criminal case, except in a
prosecution for perjury or giving a false statement.
   (e) For substances listed as hazardous wastes or hazardous
material pursuant to Section 25140 of the Health and Safety Code, the
state board, in consultation with the Department of Toxic Substances
Control, shall by regulation establish reportable quantities for
purposes of this section. The regulations shall be based on what
quantities should be reported because they may pose a risk to public
health or the environment if discharged to groundwater or surface
water. Regulations need not set reportable quantities on all listed
substances at the same time. Except as otherwise provided in
subdivision (b), regulations establishing reportable quantities shall
not supersede waste discharge requirements or water quality
objectives adopted pursuant to this division, and shall not supersede
or affect in any way the list, criteria, and guidelines for the
identification of hazardous wastes and extremely hazardous wastes
adopted by the Department of Toxic Substances Control pursuant to
Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code. The regulations of the Environmental
Protection Agency for reportable quantities of hazardous substances
for purposes of the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec.
9601 et seq.) shall be in effect for purposes of the enforcement of
this section until the time that the regulations required by this
subdivision are adopted.
   (f) (1) The state board shall adopt regulations establishing
reportable quantities of sewage for purposes of this section. The
regulations shall be based on the quantities that should be reported
because they may pose a risk to public health or the environment if
discharged to groundwater or surface water. Except as otherwise
provided in subdivision (b), regulations establishing reportable
quantities shall not supersede waste discharge requirements or water
quality objectives adopted pursuant to this division. For purposes of
this section, "sewage" means the effluent of a municipal wastewater
treatment plant or a private utility wastewater treatment plant, as
those terms are defined in Section 13625, except that sewage does not
include recycled water, as defined in subdivisions (c) and (d) of
Section 13529.2.
   (2) A collection system owner or operator, as defined in paragraph
(1) of subdivision (a) of Section 13193, in addition to the
reporting requirements set forth in this section, shall submit a
report pursuant to subdivision (c) of Section 13193.
   (g) Except as otherwise provided in this section and Section
8589.7 of the Government Code, a notification made pursuant to this
section shall satisfy any immediate notification requirement
contained in any permit issued by a permitting agency. When notifying
the California Emergency Management Agency, the person shall include
all of the notification information required in the permit.
   (h) For the purposes of this section, the reportable quantity for
perchlorate shall be 10 pounds or more by discharge to the receiving
waters, unless a more restrictive reporting standard for a particular
body of water is adopted pursuant to subdivision (e).
   (i) Notification under this section does not nullify a person's
responsibility to notify the local health officer or the director of
environmental health pursuant to Section 5411.5 of the Health and
Safety Code.  
  SEC. 3.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.