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