BILL ANALYSIS Ó
AB 1221
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Date of Hearing: May 11, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1221 (Alejo) - As Amended: April 13, 2011
Policy Committee: Environmental
Safety and Toxic Materials Vote: 8-1
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill expands eligibility for funding from the State Water
Pollution Cleanup and Abatement Account (CAA). Specifically this
bill:
1)Adds the following types of entities to those eligible to
receive CAA monies from the State Water Resources Control
Board (SWRCB).
a) A California Native American tribe.
b) A not-for-profit organization serving a disadvantaged
community with authority to clean up or abate waste.
2)Defines a not-for-profit organization as one controlled by a
local public agency or, in the case of a private corporation,
having a broadly-based ownership or membership of the people
of the local community.
FISCAL EFFECT
1)Negligible costs to SWRCB to accept and process a potentially
greater number of applications for funding from the CAA.
2)Potential significant shift in CAA funding of an unknown
amount away from public agencies and to tribes or
not-for-profit organizations.
COMMENTS
1)Rationale. The author notes that many California communities
lack both clean drinking water and the resources to remedy the
AB 1221
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situation. The author contends that, in many cases, public
agencies uniquely eligible to receive CAA funding to clean up
drinking water in these communities have failed to do so. The
author further contends allowing tribes and not-for-profits to
compete with public agencies for CAA funding will better allow
communities to improve their drinking water supplies.
2)Background . The Cleanup and Abatement Account was created by
statute to provide public agencies with grants for the cleanup
or abatement of a condition of pollution when there are no
viable responsible parties available to undertake the work.
The account 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, SWRCB awarded $9.3 million in CAA funds.
3)Support . This bill is supported by the California Rural Legal
Assistance Foundation (sponsor), the Natural Resources Defense
Counsel and others.
4)Opposition. The bill is opposed by the Association of
California Water Agencies (ACWA), whose membership includes
public agencies that, under current law, are uniquely eligible
for CAA funding.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081