BILL NUMBER: AB 1221	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 28, 2011
	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,
  specified tribal governments  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  that is a
public water system, as defined in Section 116275 of the Health and
Safety Code, that meets technical, managerial, and financial capacity
criteria specified by the State Department of Public Health for
public water systems, or that is subject to regulatory authority
pursuant to this division  ."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.
   (d) "Public agency" means any city, county, city and county,
district, or other political subdivision of the state. 
   (e) "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
  tribal government that is on the California Tribal
Consultation List maintained by the Native American Heritage
Commission and is a disadvantaged community, as defined in Section
79505.5, that agrees to waive tribal sovereign immunity for the
explicit purpose of regulation by the state board pursuant to this
division  , 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   tribal government  , or
organization to assist it in cleaning up the waste or abating its
effects on waters of the state.
   (b) The agency, a  tribe   tribal government
that is on the California Tribal Consultation List maintained by the
Native American Heritage Commission and is a disadvantaged community,
as defined in Section 79   505.5, that agrees to waive
tribal sovereign immunity for the explicit purpose of regulation by
the state board pursuant to this division  , 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.