BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1221|
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THIRD READING
Bill No: AB 1221
Author: Alejo (D), et al.
Amended: 6/28/11 in Senate
Vote: 27
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 6/27/11
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe,
Lowenthal, Pavley
SENATE APPROPRIATIONS COMMITTEE : 7-2, 8/25/11
AYES: Kehoe, Alquist, Emmerson, Lieu, Pavley, Price,
Steinberg
NOES: Walters, Runner
ASSEMBLY FLOOR : 64-10, 6/3/11 - See last page for vote
SUBJECT : Water quality: discharges: sewer systems
SOURCE : California Rural Legal Assistance Foundation
Environmental Justice Coalition for Water
DIGEST : This bill 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
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local community; and (2) allows California listed tribes to
receive funding from the CAA for waste clean-up.
ANALYSIS : Existing law, the Porter-Cologne Water Quality
Control Act (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 (SWRCB) 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.
Comments
Need for this 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
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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.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
"By authorizing additional parties to receive funds, the
bill will put cost pressures on existing funds, reducing
available funds to other applicants. However, in some
cases, the bill may only shift project funding from
project applications made by a local government on behalf
of a not-for profit organization or tribal government to
applications made directly by a non-profit or tribal
government. In those cases, the net demand on the fund
will not increase."
SUPPORT : (Verified 8/26/11)
California Rural Legal Assistance Foundation (co-source)
Environmental Justice Coalition for Water (co-source)
Association of California Water Agencies
California League for Conservation Voters
Catholic Charities Diocese of Stockton
Clean Water Action
Community Water Center
Food and Water Watch
Natural Resources Defense Council
Planning and Conservation League
Southern California Watershed Alliance
Unitarian Universalist Legislative Ministry Action
Unitarian Universalist Service Committee
Urban Semillas
Winnemem Wintu Tribe
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ARGUMENTS IN SUPPORT : Association of California Water
Agencies states that the "State Water Pollution Cleanup and
Abatement Account (CAA) is an important source of funds for
local entities tasked with the job of cleaning up
contaminated water in their communities. AB 1221 is a
reasonable expansion of the list of entities allowed to
access CAA funds, and the bill would help to ensure that
water contamination does not spread further in
disadvantaged communities."
ASSEMBLY FLOOR : 64-10, 6/3/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani,
Gatto, Gordon, Grove, Hagman, Hall, Hayashi, Hill, Huber,
Hueso, Huffman, Jeffries, Lara, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Mitchell, Monning, Nielsen, Norby,
Pan, Perea, V. Manuel Pérez, Portantino, Skinner, Smyth,
Solorio, Swanson, Torres, Valadao, Wieckowski, Williams,
Yamada, John A. Pérez
NOES: Donnelly, Beth Gaines, Garrick, Harkey, Jones,
Knight, Mansoor, Morrell, Silva, Wagner
NO VOTE RECORDED: Carter, Gorell, Halderman, Roger
Hernández, Nestande, Olsen
DLW:kc 8/31/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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