BILL NUMBER: AB 885 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2000
AMENDED IN SENATE AUGUST 8, 2000
AMENDED IN SENATE JUNE 29, 2000
AMENDED IN SENATE APRIL 24, 2000
AMENDED IN ASSEMBLY MAY 13, 1999
AMENDED IN ASSEMBLY APRIL 8, 1999
INTRODUCED BY Assembly Member Jackson
FEBRUARY 25, 1999
An act to add Chapter 4.5 (commencing with Section 13290) to
Division 7 of the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 885, as amended, Jackson. Onsite sewage treatment systems.
(1) Existing law authorizes a California regional water quality
control board to prohibit, under specified circumstances, the
discharge of waste from individual disposal systems or community
collection and disposal systems that use subsurface disposal.
This bill would require the State Water Resources Control Board,
on or before January 1, 2003 2004 , and
in consultation with the State Department of Health Services, the
California Coastal Commission, the California Conference of Directors
of Environmental Health, counties, cities, and other
interested parties, to adopt, specified regulations or standards
for the permitting and operation of prescribed onsite sewage
treatment systems that meet certain requirements.
The bill would require each local agency, upon appropriation of
funds by the Legislature, to conduct a sanitary survey of onsite
sewage treatment systems within the coastal zone of
its jurisdiction and to present the findings of the survey
to the appropriate regional board, as prescribed, thereby imposing a
state-mandated local program.
The bill would require each regional board to incorporate the
state board's regulations or standards into the
appropriate regional water quality control plans.
The bill would make a statement of legislative intent relating to
assistance to private property owners with onsite sewage treatment
systems.
(2)
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
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 4.5 (commencing with Section 13290) is added to
Division 7 of the Water Code, to read:
CHAPTER 4.5. ONSITE SEWAGE TREATMENT SYSTEMS
13290. For the purposes of this chapter:
(a) "Local agency" means any of the following entities:
(1) A city, county, or city and county.
(2) A special district formed pursuant to general law or special
act for the local performance of functions regarding onsite sewage
treatment systems within limited boundaries.
(b) "Onsite sewage treatment systems" includes individual disposal
systems, community collection and disposal systems, and alternative
collection and disposal systems that use subsurface disposal.
13291. (a) On or before January 1, 2003
2004 , the state board, in consultation with the State
Department of Health Services, the California Coastal Commission, the
California Conference of Directors of Environmental Health,
counties, cities, and other interested parties, shall adopt
regulations or standards for the permitting and operation
of all of the following onsite sewage treatment systems in the state
and shall apply those regulations or standards commencing six
months after their adoptions :
(1) Any system that is constructed or replaced on or
after January 1, 2004. .
(2) Any system that is subject to a major repair.
(3) Any system that pools or discharges to the surface.
(4) Any system that, in the judgment of a regional board or
designated authorized local agency,
discharges waste that will likely result in
has the reasonable potential to cause a violation of water
quality objectives, will likely or to
impair present or future beneficial uses of water, will
likely to cause pollution, nuisance, or
contamination, or will likely unreasonably degrade the quality of
contamination of the waters of the state.
(b) Regulations or standards adopted pursuant to
subdivision (a), shall include, but shall not be limited to, all of
the following:
(1) Minimum operating standards
requirements that may include siting, construction, and
performance standards.
(2) Maximum contaminant levels, as applicable.
(3) Standards requirements.
(2) Requirements for onsite sewage treatment systems
adjacent to impaired waters identified pursuant to subdivision (d) of
Section 303 of the Clean Water Act (33 U.S.C. Sec. 1313(d)).
(4) Requirements relating to the delegation of authority by the
state to qualified local agencies to implement this chapter.
(5) Corrective action to be taken by a regional board for onsite
sewage treatment systems that fail to meet these standards.
(6) Minimum standards for monitoring used to determine system
performance, if applicable.
(7) Guidelines for conducting onsite sewage sanitary surveys
conducted pursuant to subdivision (c).
(8) Exemption criteria to be applied by regional boards.
(9) Standards for determining a system that is subject
(3) Requirements authorizing a qualified local agency to implement
those requirements adopted under this chapter within its
jurisdiction if that local agency requests that authorization.
(4) Requirements for corrective action when onsite sewage
treatment systems fail to meet the requirements or standards.
(5) Minimum requirements for monitoring used to determine system
or systems performance, if applicable.
(6) Requirements for conducting onsite sewage sanitary surveys
conducted pursuant to subdivision (c).
(7) Exemption criteria to be established by regional boards.
(8) Requirements for determining a system that is subject to
a major repair, as provided in paragraph (2) of subdivision (a).
(c) Upon appropriation of funds by the Legislature to local
agencies, each local agency shall conduct a sanitary survey of onsite
sewage treatment systems within the coastal zone of
its jurisdiction. The findings of these surveys shall be
presented to the appropriate regional boards, in writing, not later
than two years from the date on which the funds are appropriated.
(d) This chapter does not diminish or otherwise affect the
authority of a local agency to carry out laws, other than this
chapter, that relate to onsite sewage treatment systems.
(e) This chapter does not preempt any regional board or local
agency from adopting or retaining standards for onsite
sewage treatment systems that are more protective of the public
health or the environment than this chapter.
(f) Each regional board shall incorporate the regulations or
standards adopted pursuant to subdivisions (a) and (b) into the
appropriate regional water quality control plans.
13291.5 It is the intent of the Legislature to assist private
property owners with existing systems who incur costs as a result of
the implementation of the regulations established under this section
by encouraging the state board to make loans under Chapter 6.5
(commencing with Section 13475) to local agencies to assist
private property owners whose cost of compliance with these
regulations exceeds one-half of one percent of the current assessed
value of the property on which the onsite sewage system is located.
13291.7. Nothing in this chapter alters any existing land use
authority of local agencies contained in other statutes.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.