Amended in Assembly January 24, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 30


Introduced by Assembly Member Perea

December 3, 2012


An act to amend Section 13477.6 of the Water Code, relating to water quality.

LEGISLATIVE COUNSEL’S DIGEST

AB 30, as amended, Perea. Water quality.

Existing law, the Porter-Cologne Water Quality Control Actbegin insert (state act)end insert, establishes the State Water Pollution Control Revolving Fund program pursuant to which state and federal funds are continuously appropriated from the State Water Pollution Control Revolving Fundbegin insert (fund)end insert to the State Water Resources Control Board for loans and other financial assistance for the construction of publicly owned treatment works by a municipality, the implementation of a management program, the development and implementation of a conservation and management plan, and other related purposes in accordance with thebegin delete federal Clean Waterend deletebegin insert Federal Water Pollution Controlend insert Act and the state act. Existing law authorizes the board, until 2014, to assess a specified annual charge in connection with any financial assistance made pursuant to the revolving fund program in lieu of interest that otherwise would be charged and requires the proceeds generated from the imposition ofbegin delete the annualend deletebegin insert thatend insert chargebegin delete in lieu of interestend delete to be deposited in the State Water Pollution Control Revolving Fund Small Community Grant Fund (grant fund), along with any interest earned upon the moneys in the grant fund. Existing law provides that thebegin delete annualend delete chargebegin delete in lieu of interestend delete remain unchanged until 2014, at which time it will terminate and be replaced by an identical interest rate, and prohibits the deposit of more than $50,000,000 into the grant fund. Existing law authorizes the board to expend the moneys in the grant fund, upon appropriation by the Legislature, for grants for eligible projects under the revolving fund program that serve small communities, as defined.

This bill wouldbegin insert eliminate the requirement that the charge remain unchanged until 2014 and instead wouldend insert authorize the board to assess the chargebegin delete in lieu of interest until 2019end deletebegin insert without change unless the board determines that application of the charge is not consistent with federal requirements regarding the fund, at which time the board would be required to replace the charge with an identical interest rate. This bill would eliminate the prohibition on the deposit of more than $50,000,000 collected by the charge into the grant fundend insert.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 13477.6 of the Water Code is amended
2to read:

3

13477.6.  

(a) The State Water Pollution Control Revolving
4Fund Small Community Grant Fund is hereby created in the State
5Treasury.

6(b) The following moneys shall be deposited in the grant fund:

7(1) Moneys transferred to the grant fund pursuant to subdivision
8(c).

9(2) Notwithstanding Section 16475 of the Government Code,
10any interest earned upon the moneys deposited in the grant fund.

11(c) (1) For any financing made pursuant to Section 13480, the
12board may assess an annual charge to be deposited in the grant
13fund in lieu of interest that would otherwise be charged.

begin delete

14(2) Any amounts collected under this subdivision shall be
15deposited in the grant fund, not more than fifty million dollars
16($50,000,000) shall be deposited in the grant fund.

end delete
begin delete

17(3)

end delete

18begin insert(2)end insertbegin insertend insertbegin insert(A)end insertbegin insertend insertThe charge authorized by this subdivision may be
19applied at any time during the term of the financing, and once
20applied, shall remain unchangedbegin delete until 2019, at which point it shall end delete
21begin deleteterminate and be replaced by an identical interest rate. Theend deletebegin insert unless end insert
P3    1begin insertthe board makes the determination described in subparagraph end insert
2begin insert(B).end insert

begin insert

3(B) If the board determines that application of the charge is not
4consistent with federal requirements regarding the fund, the board
5shall cease the collection of the charge and shall replace the
6charge with an identical interest rate.

end insert

7begin insert(3)end insertbegin insertend insertbegin insertThe end insertcharge shall not increase the financing repayment
8amount as set forth in the terms and conditions imposed pursuant
9to this chapter.

10(d) (1) Moneys in the grant fund, upon appropriation by the
11Legislature to the board, may be expended, in accordance with
12this chapter, for grants for projects described in subdivision (a) of
13Section 13480 that serve small communities as defined in
14subdivision (a) of Section 30925 of the Public Resources Code.

15(2) For the purpose of approving grants, the board shall give
16priority to projects that serve severely disadvantaged communities.



O

    98