BILL ANALYSIS Ó AB 1221 Page 1 Date of Hearing: April 26, 2011 ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS Bob Wieckowski, Chair AB 1221 (Alejo) - As Amended: April 13, 2011 SUBJECT : State Water Pollution Cleanup and Abatement Account. SUMMARY : Expands eligibility for funding from the State Water Pollution Cleanup and Abatement Account (CAA). Specifically, this bill: 1)Allows a not-for-profit organization serving a disadvantaged community to receive funding from the CAA for waste clean-up. The not-for-profit organization would be required to be either controlled by a local public agency or, in the case of a private corporation, have a broadly-based ownership or membership of the people of the local community. 2)Allows California listed tribes to receive funding from the CAA for waste clean-up. EXISTING LAW : Establishes the CAA that is administered by the State Water Resources Control Board (SWRCB) and provides grants to public agencies for the cleanup or abatement of pollution. FISCAL EFFECT : Not Known COMMENTS : Need for the bill . According to the author, "there are far too many communities throughout the state that lack access to clean water services, including safe drinking water. The majority of these communities are rural unincorporated disadvantaged communities that do not have the resources to develop infrastructural projects for the delivery of sanitary sewer and safe drinking water. Families in these communities cannot afford the treatment required to access clean water. As a result, these communities are at a higher risk of adverse health impacts. There continues to be a lack of help from public agency's to apply for funding to help disadvantaged communities and tribes to access water." The Cleanup and Abatement Account (CAA) was created by Water AB 1221 Page 2 Code Section 13440-13443 to provide public agencies with grants for the cleanup or abatement of pollution when there are no viable responsible parties available to undertake the work. The CAA is supported by court judgments and administrative civil liabilities assessed by the SWRCB and the Regional Water Quality Control Boards. Only public agencies with authority to cleanup or abate a waste are eligible to receive funding. In 2010 approximately $9.3 million was allocated from the CAA for public agency clean-up projects. The not-for-profit organizations included in this bill is designed to include housing cooperatives, or other private entities that are not traditional non-profit organization but are quasi-public entities like the San Jerardo Housing Cooperative in Monterey County. This organization is currently eligible for development funding by the United State Department of Agriculture. REGISTERED SUPPORT / OPPOSITION : Support California Rural Legal Assistance Foundation (Sponsor) Natural Resources Defense Council Planning and Conservation League Numerous Individuals Opposition Association of California Water Agencies Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916) 319-3965