BILL NUMBER: AB 1221	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 18, 2011

   An act to amend Sections 13400 and 13442 of the Water Code,
relating to water, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1221, as introduced, Alejo. State Water Quality Control Fund:
State Water Pollution Cleanup and Abatement Account.
   Existing law, the Porter-Cologne Water Quality Control Act,
authorizes the imposition and collection of civil and criminal
penalties for specified violations of that act. The act requires
certain moneys, including General Fund revenues of penalties,
collected pursuant to these provisions to be deposited in the State
Water Pollution Cleanup and Abatement Account in the State Water
Quality Control Fund. The act continuously appropriates the money in
the account to the State Water Resources Control Board for specified
cleanup programs.
   The act authorizes the state board, upon application by a public
agency with authority to clean up or abate the effects of waste on
waters of the state, to order moneys in the account to be paid to the
agency to assist in cleaning up or abating the effects of the waste.

   This bill would additionally authorize the state board to pay
these moneys to tribes, as defined, and entities operating private,
not-for-profit water systems that have authority to clean up or abate
the effects of waste. By authorizing new expenditures from a
continuously appropriated account, this bill would make an
appropriation.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 13400 of the Water Code is amended to read:
   13400.  As used in this chapter, unless otherwise apparent from
the context: 
   (a) "Fund" means the State Water Quality Control Fund. 

   (b) "Public agency" means any city, county, city and county,
district, or other political subdivision of the state. 

   (c) 
    (a)  "Facilities" means : (1) facilities
  any of the following: 
    (1)     Facilities  for the
collection, treatment, or export of waste when necessary to prevent
water pollution  , (2) facilities   . 
    (2)     Facilities  to recycle
wastewater and to convey recycled water  , (3) facilities
  . 
    (3)     Facilities  or devices to
conserve water  , or (4) any   . 
    (4)     Any  combination of the
 foregoing   facilities described in paragraph
(1), (2), or (3)  . 
   (b) "Fund" means the State Water Quality Control Fund.  
   (c) "Public agency" means any city, county, city and county,
district, or other political subdivision of the state.  
   (d) "Tribe" means a California Tribe that is listed on the Native
American Heritage Commission tribal list. 
  SEC. 2.  Section 13442 of the Water Code is amended to read:
   13442.   (a)    Upon application by a public
agency  , a tribe, or an entity operating a private,
not-for-profit water system  with authority to clean up a waste
or abate the effects  thereof   of a waste 
, the state board may order moneys to be paid from the account to
the agency  , a tribe, or entity operating a private,
not-for-profit water system  to assist it in cleaning up the
waste or abating its effects on waters of the state.  The

    (b)    The  agency  , a tribe, or
entity operating a private, not-for-profit water system  shall
not become liable to the state board for repayment of  those
 moneys  paid under this section  , but this shall
not be a defense to an action brought pursuant to subdivision (c) of
Section 13304 for the recovery of moneys paid under this section.