BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 30
                                                                  Page 1


          ASSEMBLY THIRD READING
          AB 30 (Perea)
          As Amended  May 24, 2013
          Majority vote 

           ENVIRONMENTAL SAFETY          5-0                    
          APPROPRIATIONS            17-0  
           
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          |Ayes:|Alejo, Dahle, Bloom,      |Ayes:|Gatto, Harkey, Bigelow,   |
          |     |Stone, Ting               |     |Bocanegra, Bradford, Ian  |
          |     |                          |     |Calderon, Campos,         |
          |     |                          |     |Donnelly, Eggman, Gomez,  |
          |     |                          |     |Hall, Ammiano, Linder,    |
          |     |                          |     |Pan, Quirk, Wagner, Weber |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Removes the sunset date for the Small Community Grant  
          (SCG) Fund, which provides grants to small communities for the  
          construction of wastewater collection, treatment, or disposal  
          projects.  Specifically,  this bill  :

          1)Eliminates the sunset date of December 31, 2013, from the  
            State Water Resources Control Board's (SWRCB's) authorization  
            to collect a charge on specified loans in lieu of interest  
            that provides revenue to the SCG Fund.

          2)Removes the current $50 million limitation on the total  
            revenue that can be allocated to the SCG Fund.   

          3)Requires that funds in the SCG be spent within four years of  
            the time the funds are encumbered.

           EXISTING LAW : 

          1)Authorizes SWRCB to assess a surcharge on loans issued from  
            the Clean Water State Revolving Fund (CWSRF), in lieu of  
            interest on the loans.    

          2)Requires revenue from the surcharge to be deposited into the  
            SCG fund for the purpose of providing grants to small  
            communities for the construction of wastewater collection,  
            treatment, or disposal projects. 








                                                                  AB 30
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           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)Potentially millions of dollars could shift from the CWSRF to  
            the SCG fund.   The bill would also result in on-going,  
            absorbable costs for the SWRCB to continue administering the  
            SCG program that would otherwise be spent administering the  
            CWSRF.

          2)Annual interest from CWSRF loans is deposited back into the  
            fund to be available for future loans.  The potential effect  
            of removing the $50 million cap may at some point result in  
            insufficient funds in the CWSRF.

           


          COMMENTS  :   

           Need for the bill  .  According to sponsors of the bill, a  
          coalition of community and environmental groups, "Many  
          disadvantaged communities are in dire need of new wastewater  
          facilities to protect drinking water and deal with an aging  
          wastewater system.  These small communities lack sufficient  
          funds needed to independently finance wastewater projects and  
          are dependent upon the timely disbursement of approved state and  
          federal grant and loan funds to improve and replace inadequate  
          wastewater systems. 

          "Unfortunately, there is little funding available to assist  
          these communities.  The Clean Water State Revolving Fund (CWSRF)  
          has historically been a loan-only program, and therefore  
          inaccessible to low-income communities. To address those  
          community needs, the State Water Board created the Small  
          Community Wastewater Grant Fund in 1984.  Over the years, bond  
          funding was made available to address projects in the fund, but  
          no funding has been made available since the passage of  
          Proposition 50 in 2002, and more than $1 billion in projects are  
          currently on the waiting list."   

           AB 2356 (Arambula), Chapter 609, Statutes of 2008  , created the  
          Clean Water State Revolving Fund  (CWSRF) Small Community Grant  
          (SCG) Fund, which authorized the SWRCB to assess an annual  








                                                                  AB 30
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          charge on existing CWSRF financing agreements for deposit into  
          the SCG Fund.  The annual charge is in lieu of interest that  
          would otherwise be charged in association with a CWSRF financing  
          agreement.  AB 2356 authorizes the SWRCB to deposit up to $50  
          million into the SCG Fund by 2014. 

          Due to restrictions on federal funding and bond revenues,  
          provisions regarding collection of the annual charge can only be  
          incorporated into CWSRF financing agreements funded solely by  
          CWSRF repayments resulting in approximately $12 million in  
          deposits through the end of 2011-12, and approximately $30  
          million in deposits projected by the December 2014 sunset date.  
          The SWRCB will be unable to collect the full $50 million without  
          legislative action to extend the deadline. 

           Status of the SCG program  .  According to the SWRCB, as of  
          December 31, 2012, there was a total of $16,413,960 in the Small  
          Community Wastewater Grant Fund.  Of that amount, $4 million was  
          earmarked for a loan to the General Fund, and $1,163,100 is  
          going to impending disbursements. In addition, $6,145,301 is  
          committed to projects, but has not yet been disbursed.  
           
          The SWRCB had the authority to spend $1 million in SCG funds  
          during 2010-11, plus $1 million in 2011-12.  The SWRCB is  
          authorized to commit $12 million in SCG funds during fiscal year  
          (FY) 2012-13.

          The SWRCB collected approximately $5 million in FY 2010-11 and  
          $7 million in FY 2011-12 in fees.  The SWRCB is projected to  
          collect a total of approximately $30 million by the end of 2014.  
           With the assumption of collecting at least $5 million per year  
          in 2015 and subsequent years, the fund will reach $50 million at  
          the end of 2018.


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

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