BILL NUMBER: AB 1210 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 31, 2011
AMENDED IN SENATE JUNE 20, 2011
AMENDED IN ASSEMBLY MAY 19, 2011
AMENDED IN ASSEMBLY MAY 9, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Garrick
( Coauthors: Senators
Cannella and Padilla )
FEBRUARY 18, 2011
An act to add Section 6730.4 to the Business and Professions Code,
relating to water quality , and declaring the urgency thereof,
to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 1210, as amended, Garrick. Water quality: stormwater discharge:
civil engineering activities.
Under
(1) Under existing law, the State
Water Resources Control Board and the California regional water
quality control boards prescribe waste discharge requirements for the
discharge of stormwater by municipalities and industries in
accordance with the federal national pollutant discharge elimination
system (NPDES) permit program.
Existing law, the Professional Engineers Act, requires all civil
engineering plans, calculations, specifications, and reports to be
prepared by, or under the responsible charge of, a licensed civil
engineer. A violation of the act is a crime.
This bill would exempt a civil engineer from any requirement of
additional experience, training, or certification requirements in
order to perform activities in the preparation of a Storm Water
Pollution Prevention Plan pursuant to a specified general permit for
stormwater discharges.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
This bill would require all civil engineering activities performed
in the preparation of stormwater pollution prevention plans pursuant
to a specified general permit for stormwater discharges to be
performed under the responsible charge of a licensed civil engineer.
Because a violation of these provisions would be a crime under the
Professional Engineers Act, this bill would impose a state-mandated
local program.
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 no reimbursement is required by this
act for a specified reason.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes no .
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6730.4 is added to the
Business and Professions Code , to read:
6730.4. (a) Notwithstanding any other law, a licensed civil
engineer shall not be required to satisfy any additional experience,
training, or certification requirements in order to perform
activities in the preparation of a Storm Water Pollution Prevention
Plan (SWPPP) pursuant to the General Permit for Storm Water
Discharges Associated with Construction and Land Disturbance
Activities (Order No. 2009-0009-DWQ of the State Water Resources
Control Board), or any amendments to that order.
(b) For purposes of Order No. 2009-0009-DWQ of the State Water
Resources Control Board and any amendments thereto, a licensed civil
engineer shall be deemed to be in compliance with all qualified SWPPP
developer training and certification requirements and shall have the
full authority of a person who possesses a qualified SWPPP developer
certificate issued by the State Water Resources Control Board.
(c) The preparation of a SWPPP by a licensed civil engineer who
does not possess a qualified SWPPP developer certificate issued by
the State Water Resources Control Board does not constitute a
violation of Order No. 2009-0009-DWQ of the State Water Resources
Control Board or any amendments thereto.
SEC. 2. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to ensure licensed engineers are able to perform
activities relating to storm water pollution prevention as soon as
possible, it is necessary that this act take effect immediately.
SECTION 1. Section 6730.4 is added to the
Business and Professions Code, to read:
6730.4. (a) Notwithstanding any other law, all civil engineering
activities performed in the preparation of stormwater pollution
prevention plans pursuant to the General Permit for Storm Water
Discharges Associated with Construction and Land Disturbance
Activities (Order No. 2009-0009-DWQ of the State Water Resources
Control Board), and all amendments to that order, shall be performed
under the responsible charge of a licensed civil engineer.
(b) A licensed civil engineer shall not be required to satisfy any
additional experience, training, or certification requirements in
order to perform activities in the preparation of stormwater
pollution prevention plans as described in subdivision (a).
(c) Nothing in this section is intended to affect the practice
rights of any person licensed by the state to practice or perform any
functions or services pursuant to that license.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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.