BILL ANALYSIS Ó
AB 1221
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CONCURRENCE IN SENATE AMENDMENTS
AB 1221 (Alejo)
As Amended June 28, 2011
2/3 vote
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|ASSEMBLY: |64-10|(June 3, 2011) |SENATE: |38-0 |(September 1, |
| | | | | |2011) |
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Original Committee Reference: E.S. & T. M.
SUMMARY : Expands eligibility for funding from the State Water
Pollution Cleanup and Abatement Account (CAA). Allows a
not-for-profit organization and listed tribe serving a
disadvantaged community to receive funding from the CAA for
waste clean-up. Requires that not-for-profit organization 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.
The Senate amendments limit the eligibility of not-for-profit
organizations and tribes to those entities which are either
public water systems or are under the regulatory authority of
Porter-Cologne Water Quality Act. The Senate amendments require
that the tribes that enter into an agreement with the State
Water Resources Control Board (SWRCB) for funds be regulated by
the SWRCB and waive tribal sovereign immunity explicitly for the
purposes of the agreed upon SWRCB oversight.
EXISTING LAW establishes the CAA that is administered by the
SWRCB and provides grants to public agencies for the cleanup or
abatement of water pollution.
AS PASS BY THE ASSEMBLY , this bill was substantially similar to
the version approved by the Senate.
FISCAL EFFECT : According to the Assembly Appropriations
Committee enactment of 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 : 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 type of 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: 0002135
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