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 ----------------------------------------------------------------- |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 Page 2 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 Page 3 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 FN: 0000821