BILL NUMBER: AB 1221	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2011

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 amended, 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   not-for-profit
organizations serving disadvantaged communities, as defined, 
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) "Facilities" means any of the following:
   (1) Facilities for the collection, treatment, or export of waste
when necessary to prevent water pollution.
   (2) Facilities to recycle wastewater and to convey recycled water.

   (3) Facilities or devices to conserve water.
   (4) Any combination of the facilities described in paragraph (1),
(2), or (3).
   (b) "Fund" means the State Water Quality Control Fund. 
   (c) "Not-for-profit organization" means an organization operated
on a not-for-profit basis, including, but not limited to, an
association, cooperative, or private corporation. "Not-for-profit"
organization includes only an organization that is either controlled
by a local public body or bodies or has a broadly-based ownership by,
or membership of, people of the local community.  
   (c) 
    (d)  "Public agency" means any city, county, city and
county, district, or other political subdivision of the state.

   (d) 
    (e)  "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   a not-for-profit organization serving a
disadvantaged community, as defined in Section 79505.5, with 
authority to clean up a waste or abate the effects 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   tribe, or  
organization  to assist it in cleaning up the waste or abating
its effects on waters of the state.
   (b) The agency, a tribe, or  entity operating a private,
not-for-profit water system   a not-for-profit
organization serving a disadvantaged community, as defined in Section
79505.5,  shall not become liable to the state board for
repayment of 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.