BILL NUMBER: AB 1292 AMENDED
AMENDED IN ASSEMBLY APRIL 7, 2011
INTRODUCED BY Assembly Member Roger Hernández
FEBRUARY 18, 2011
An act to add Sections 84215.5 and 87501 to the
Government Code, relating to the Political Reform Act of 1974.
An act to amend Section 63024 of, and to add Article
6.3 (commencing with Section 6304 8.55) to Chapter 2 of
Division 1 of Title 6.7 of, the Government Code, and to amend Section
116760.40 of the Health and Safety Code, relating to drinking water,
and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1292, as amended, Roger Hernández. Political Reform
Act of 1974: campaign reports and statements of economic interest:
local disclosure. Safe Drinking Water State Revolving
Fund: revenue bonds.
The Bergeson-Peace Infrastructure and Economic Development Bank
Act establishes the California Infrastructure and Economic
Development Bank for the purpose of funding specified types of
infrastructure development projects, including public development
facilities, that are defined to include sewage collection and
treatment facilities and water treatment and distribution facilities.
The act authorizes the bank to issue revenue bonds for prescribed
Existing law, the Safe Drinking Water State Revolving Fund Law,
establishes the Safe Drinking Water State Revolving Fund and
continuously appropriates money in the fund to the department to
finance the design and construction of projects for public water
systems that will enable suppliers to meet safe drinking water
This bill would authorize the bank to issue taxable or tax-exempt
revenue bonds for deposit into the Safe Drinking Water State
Revolving Fund in accordance with prescribed provisions. By providing
for the deposit of additional funds into a continuously appropriated
fund, the bill would make an appropriation.
Existing law requires that candidates for and current
officeholders of specified elected or appointed local offices file
certain campaign reports and statements with the county elections
This bill would require the county elections official to annually
post on his or her county's Internet Web site those campaign reports
Existing law requires that current holders of specified elected or
appointed local offices and designated employees of those elected or
appointed offices file statements of economic interests with the
county or city clerk.
This bill would require the county or city clerk to annually post
those statements of economic interest on his or her county's or city'
s Internet Web site.
This bill would impose a state-mandated local program by creating
additional responsibilities for local governmental agencies.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
This bill would declare that it furthers the purposes of the act.
Vote: 2/3 majority . Appropriation:
no yes . Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 63024 of the
Government Code is amended to read:
63024. The executive director may contract with the Department of
Finance, the State Department of Health Care Services,
the State Department of Public Health, the Department of
Transportation, the Department of Water Resources, the
California Integrated Waste Management Board the
Department of Resources Recycling and Recovery , the State
Water Resources Control Board, the Governor's Office of Planning and
Research, and any other necessary agencies, persons, or firms to
enable the agency to properly perform the duties imposed by this
SEC. 2. Article 6.3 (commencing with Section
63048.55) is added to Chapter 2 of Division 1 of Title 6.7 of the
Government Code , to read:
Article 6.3. Safe Drinking Water State Revolving Fund
63048.55. For the purposes of this article, the following terms
have the following meanings:
(a) "Department" means the State Department of Public Health.
(b) "Revolving fund" means the Safe Drinking Water State Revolving
Fund established pursuant to Section 116760.30 of the Health and
63048.56. Notwithstanding any other law, Article 3 (commencing
with Section 63040), Article 4 (commencing with Section 63042), and
Article 5 (commencing with Section 63043), shall not apply to any
financing provided by the bank to, or at the request of, the
department in connection with the revolving fund.
63048.57. (a) The bank may issue taxable or tax-exempt revenue
bonds pursuant to Chapter 5 (commencing with Section 63070) and
deposit the proceeds from the bonds into the revolving fund or use
the proceeds to refund bonds previously issued under this article.
Bond proceeds may also be used to fund necessary reserves,
capitalized interest, or costs of issuance.
(b) Except as may be provided in the governing documents with
respect to bond anticipation notes, each of the bonds issued under
this article shall, to the extent provided in the governing
documents, be payable from, and secured by, all or a portion of the
revenues in the revolving fund and the assets of the revolving fund,
to the extent the revenues and assets are pledged by the department
for those purposes.
(c) Bonds issued under this article shall not be deemed to
constitute a debt or liability of the state or of any political
subdivision of the state, but shall be payable solely from the
revolving fund and the assets of the revolving fund, and the security
provided by the revolving fund. All bonds issued under this article
shall contain on the face of the bonds a statement to that effect.
SEC. 3. Section 116760.40 of the Health
and Safety Code is amended to read:
116760.40. The department may undertake any of the following
actions to implement the Safe Drinking Water State Revolving Fund:
(a) Enter into agreements with the federal government for federal
contributions to the fund.
(b) Accept federal contributions to the fund.
(c) Use moneys in the fund for the purposes permitted by the
(d) Provide for the deposit of matching funds and other available
and necessary moneys into the fund.
(e) Make requests, on behalf of the state, for deposit into the
fund of available federal moneys under the federal act.
(f) Determine, on behalf of the state, that public water systems
that receive financial assistance from the fund will meet the
requirements of, and otherwise be treated as required by, the federal
(g) Provide for appropriate audit, accounting, and fiscal
management services, plans, and reports relative to the fund.
(h) Take additional incidental action as may be appropriate for
adequate administration and operation of the fund.
(i) Enter into an agreement with, and accept matching funds from,
a public water system. A public water system that seeks to enter into
an agreement with the department and provide matching funds pursuant
to this subdivision shall provide to the department evidence of the
availability of those funds in the form of a written resolution, or
equivalent document, from the public water system before it requests
a preliminary loan commitment.
(j) Charge public water systems that elect to provide matching
funds a fee to cover the actual cost of obtaining the federal funds
pursuant to Section 1452(e) of the federal act (42 U.S.C. Sec.
300j-12) and to process the loan application. The fee shall be waived
by the department if sufficient funds to cover those costs are
available from other sources.
(k) Use money returned to the fund under Section 116761.85 and any
other source of matching funds, if not prohibited by statute, as
matching funds for the federal administrative allowance under Section
1452(g) of the federal act (42 U.S.C. Sec. 300j-12).
( l ) Establish separate accounts or subaccounts as
required or allowed in the federal act and related guidance, for
funds to be used for administration of the fund and other purposes.
Within the fund the department shall establish the following
accounts, including, but not limited to:
(1) A fund administration account for state expenses related to
administration of the fund pursuant to Section 1452(g)(2) of the
(2) A water system reliability account for department expenses
pursuant to Section 1452(g)(2)(A), (B), (C), or (D) of the federal
(3) A source protection account for state expenses pursuant to
Section 1452(k) of the federal act.
(4) A small system technical assistance account for department
expenses pursuant to Section 1452(g)(2) of the federal act.
(5) A state revolving loan account pursuant to Section 1452(a)(2)
of the federal act.
(6) A wellhead protection account established pursuant to Section
1452(a)(2) of the federal act.
(m) Deposit federal funds for administration and other purposes
into separate accounts or subaccounts as allowed by the federal act.
(n) Determine, on behalf of the state, whether sufficient progress
is being made toward compliance with the enforceable deadlines,
goals, and requirements of the federal act and the California Safe
Drinking Water Act, Chapter 4 (commencing with Section 116270).
(o) To the extent permitted under federal law, including, but not
limited to, Section 1453(a)(2) of the federal Safe Drinking Water
Act, as amended (42 U.S.C. Sec. 300j-13(a)(2)), use any and all
amounts deposited in the fund, including, but not limited to, loan
repayments and interest earned on the loans, as a source of reserve
and security for the payment of principal and interest on revenue
bonds, the proceeds of which are deposited in the fund.
SECTION 1. Section 84215.5 is added to the
Government Code, to read:
84215.5. (a) The county elections official shall annually post on
the Internet Web site of his or her county the campaign reports or
statements required to be filed pursuant to this article by county
elected officers, candidates for those offices, their controlled
committees, committees formed or existing primarily to support or
oppose candidates or local measures to be voted upon by any number of
jurisdictions within that county, and county general purpose
(b) The county elections official of the county in which city
elected officers, candidates for city office, their controlled
committees, committees formed or existing primarily to support or
oppose candidates or local measures to be voted upon in one city, and
city general purpose committees are domiciled shall annually post on
his or her Internet Web site the campaign reports or statements
required to be filed pursuant to this article by those persons or
SEC. 2. Section 87501 is added to the
Government Code, to read:
87501. The city or county clerk shall annually post on the
Internet Web site of his or her city or county all statements of
economic interest required be filed with the city or county clerk
pursuant to subdivisions (e) and (f) of Section 87500 and the
statements of economic interest required to be filed with the city or
county clerk by the designated employees of those local entities
pursuant to subdivision (o) of Section 87500.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SEC. 4. The Legislature finds and declares that
this bill furthers the purposes of the Political Reform Act of 1974
within the meaning of subdivision (a) of Section 81012 of the