BILL NUMBER: AB 1221	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2011
	AMENDED IN ASSEMBLY  APRIL 13, 2011

INTRODUCED BY   Assembly Member Alejo
    (   Principal coauthor:   Assembly Member
  Chesbro   ) 

                        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 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   "Not-for-profit
organization"  includes only an organization that is either
controlled by a local public body or bodies or has a 
broadly-based   broadly based  ownership by, or
membership of, people of the local community.
   (d) "Public agency" means any city, county, city and county,
district, or other political subdivision of the state.
   (e) "  Tribe   tribe  " means a
California Tribe that is listed on the Native American Heritage
Commission tribal list  and is a disadvantaged community, as
defined in Section 79505.5  .
  SEC. 2.  Section 13442 of the Water Code is amended to read:
   13442.  (a) Upon application by a public agency, a tribe, or 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, 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 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.