BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1221
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          ASSEMBLY THIRD READING
          AB 1221 (Alejo) 
          As Amended  June 1, 2011
          2/3 vote

           ENVIRONMENTAL SAFETY         8-1APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Wieckowski, Miller,       |Ayes:|Fuentes, Blumenfield,     |
          |     |Campos, Chesbro, Davis,   |     |Bradford, Charles         |
          |     |Feuer, Bonnie Lowenthal,  |     |Calderon, Campos, Davis,  |
          |     |Valadao                   |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell, Solorio         |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
           ----------------------------------------------------------------- 
           
          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 serving a disadvantaged 
            community 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 water 
          pollution.

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee this bill would result in the following fiscal 
          effects:

          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 








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            amount away from public agencies and to tribes or 
            not-for-profit organizations.

           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 CAA was created by Water 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.
           

          Analysis Prepared by  :    Bob Fredenburg / E.S. & T.M. / (916) 
          319-3965 


                                                                FN: 0001197








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