BILL NUMBER: AB 580	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 14, 2009
	AMENDED IN ASSEMBLY  APRIL 21, 2009

INTRODUCED BY   Assembly Member Huber
   (Principal  coauthor:   Assembly Member
  Logue   coauthors:  
Assembly Members   Gaines   and Logue  )
   (  Coauthor:   Assembly Member 
 Chesbro   Coauthors:   Assembly
Members   Chesbro,   Jeffries,   and
Nielsen  )

                        FEBRUARY 25, 2009

   An act to amend Section 13291 of the Water Code, relating to water
quality.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 580, as amended, Huber. Onsite sewage treatment systems.
   Existing law, the Porter-Cologne Water Quality Control Act, on or
before January 1, 2004, requires the State Water Resources Control
Board, in consultation with others, to adopt regulations or standards
for the permitting and operation of specified onsite sewage
treatment systems. The act requires the state board to apply those
regulations or standards to those systems commencing 6 months after
their adoption. The act requires the regulations or standards to
include exemption criteria established by the California regional
water quality control boards. The act requires the regulations to
include minimum operating requirements and requires that the
regulations include requirements authorizing a qualified local agency
to implement the requirements adopted under the act if the local
agency requests authorization.
   This bill would require that onsite sewage treatment systems be
classified into regulatory tiers based on the demonstrated risk each
system poses to the public health and environment. The bill would
require the regulations to include a requirement authorizing a
qualified agency to certify that its local ordinance  will
implement   implements  the requirements of the
regulations adopted pursuant to existing law.
   This bill would specify that exemption criteria may also be
established by the state board.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares the following:
   (a) The Legislature commends the State Water Resources Control
Board for listening to public concerns regarding the onsite sewage
treatment system regulatory program and responding to those concerns
by reevaluating regulations adopted pursuant to Chapter 781 of the
Statutes of 2000 (Assembly Bill 885 of the 1999-00 Regular Session).
   (b) The Legislature encourages the board to draft regulations that
ensure local control, cure failing septic systems, and minimize cost
to homeowners.
   (c) It is the  Legislature's intent   intent
of the Legislature  to assist the board's efforts through
clarifying legislation if necessary.
  SEC. 2.  Section 13291 of the Water Code is amended to read:
   13291.  (a) On or before January 1, 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 categorize each of the following systems into
regulatory tiers based on the demonstrated risk posed to the public
health and the environment by each system. The state board shall
apply those regulations or standards commencing six months after
their adoptions:
   (1) Any system that is constructed or replaced.
   (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
authorized local agency, discharges waste that has the reasonable
potential to cause a violation of water quality objectives, or to
impair present or future beneficial uses of water, to cause
pollution, nuisance, or 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) Requirements that local programs include minimum operating
standards that may include siting, construction, and monitoring to
determine system performance.
   (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)).
   (3) Requirements authorizing a qualified local agency to certify
that its ordinance implements those requirements adopted under this
chapter within its jurisdiction. Based on a finding by a regional
board that a local agency does not meet the certification
requirements, a regional board shall have 90 days to deny the
self-certification by the local agency.
   (4) Requirements for corrective action when onsite sewage
treatment systems fail to meet the requirements or standards.
   (5) Exemption criteria to be established by the state board or the
regional boards.
   (6) Requirements for determining a system that is subject to a
major repair, as provided in paragraph (2) of subdivision (a).
   (c) 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.
   (d) 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.
   (e) Each regional board shall incorporate the regulations or
standards adopted pursuant to subdivisions (a) and (b) into the
appropriate regional water quality control plans.