BILL ANALYSIS
AB 580
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Date of Hearing: May 20, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 580 (Huber) - As Amended: May 14, 2009
Policy Committee: Environmental
Safety Vote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill would require regulations for onsite water treatment
systems (OWTS or, more generally, septic systems) to authorize a
local agency to self-certify that its septic system ordinance
implements the requirements of state law. Specifically, this
bill:
1)Requires the State Water Resources Control Board (SWRCB), for
purposes of its regulation of septic systems, to categorize
septic systems into regulatory tiers based on the demonstrated
risk posed to the public health and the environment by each
system.
2)Requires that SWRCB's septic system regulations authorize a
qualified local agency to self-certify that its septic system
ordinance implements the septic system requirements included
in existing state law.
3)Provides that a regional board has 90 days to deny the
self-certification by the local agency.
FISCAL EFFECT
1)Annual costs of about $390,000 from 2009-10 through 2012-13,
to consider self-certified local septic system ordinances. (GF
or special fund)
2)Ongoing annual costs of roughly $200,000, starting in 2013-14,
for ongoing review of self-certified local septic system
ordinances. (GF or special fund)
AB 580
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COMMENTS
1) Rationale. The author intends to provide general direction
to SWRCB as it revises its proposed septic system regulations
to ensure that those regulations allow local agencies to
implement the SWRCB's regulations or standards for OWTS. This
bill will likely be amended to provide more specificity.
2)Background.
a) No Statewide Regulation of Septic Systems. California
is one of only two states that do not have statewide septic
system regulations. As a result, a variety of septic system
standards, practices and regulations exist among the
various regional water boards and the numerous local
agencies in California's 58 counties.
b) AB 885 and the Development of Statewide Regulations. AB
885 (Jackson, Chapter 781, 2000) provided direction to
SWRCB to provide statewide minimum requirements related to
the permitting and operation of septic systems. AB 885
requires SWRCB, in consultation with certain other
entities, to develop statewide septic system regulations.
AB 885 also requires the regulations to include, at a
minimum, seven requirements (often referred to as AB 885's
"seven points"):
i) Minimum operating requirements that may include
siting, construction and performance requirements;
ii) Requirements for septic systems adjacent to waters
listed as impaired under Section 303(d) of the Clean
Water Act;
iii) Requirements authorizing local agency
implementation;
iv) Corrective action requirements;
v) Minimum monitoring requirements;
vi) Exemption criteria; and
vii) Requirements for determining when an existing
septic system is subject to major repair.
AB 885 requires the state's Regional Water Boards to
incorporate the new statewide regulations into their basin
plans
c) SWRCB Proposed Regulations. SWRCB submitted regulations
AB 580
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in response to the requirements of AB 885 in November of
2008. According to SWRCB, it received more than 2,500
e-mail comments and hundreds of comments from 12 public
workshops held throughout the state. Based on the public
input, the SWRCB is formulating substantial changes to the
regulations. SWRCB anticipates having developed
regulations revised regulations by August 2009.
3)Related Legislation.
AB 268 (Gaines) repeals the provision of AB 885(Jackson) that
requires SWRCB to adopt regulations on the operations and
siting of septic systems. AB 268 failed passage in
Environmental Safety and Toxic Materials.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081