BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 580
                                                                  Page 1


          ASSEMBLY THIRD READING
          AB 580 (Huber)
          As Amended  June 1, 2009
          Majority vote 

           ENVIRONMENTAL SAFETY          7-0                    
          APPROPRIATIONS      12-0                            
           
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          |Ayes:|Chesbro, Jeffries, Davis, |Ayes:|De Leon, Ammiano, Charles  |
          |     |Feuer, Monning, Ruskin,   |     |Calderon, Davis, Fuentes,  |
          |     |Smyth                     |     |Hall, John A. Perez,       |
          |     |                          |     |Price, Skinner, Solorio,   |
          |     |                          |     |Torlakson, Krekorian       |
          |-----+--------------------------+-----+---------------------------|
          |     |                          |     |                           |
           ------------------------------------------------------------------ 
           SUMMARY  :   Requires the State Water Resources Control Board  
          (SWRCB) regulations for onsite water treatment systems (OWTS) to  
          include regulatory tiers based on the demonstrated risk posed to  
          public health and the environment by the system.

           EXISTING LAW  provides, under the provisions of AB 885 (Jackson)  
          Chapter 781, Statutes of 2000, that SWRCB shall establish  
          statewide minimum requirements related to the permitting and  
          operation of OWTS.  
           
           FISCAL EFFECT  :  According to the Assembly Appropriation  
          Committee, this bill will result in a minor, absorbable cost to  
          SWRCB.  
           
           COMMENTS  :  The author intends to provide general direction to  
          SWRCB as it revises its proposed OWTS regulations to ensure that  
          those regulations allow local agencies to implement the SWRCB's  
          regulations or standards for OWTS.
           
           According to the SWRCB, the current practice of regulating OWTS  
          has led to inconsistencies among the various Regional Water  
          Quality Control Boards and among the numerous local agencies in  
          California's counties.  California is one of only two states  
          that do not have statewide OWTS regulations.  The inconsistency  
          in regional and local OWTS requirements and related lack of  
          statewide regulations, along with the public health and  
          environmental issues and related incidents, are the primary  








                                                                  AB 580
                                                                  Page 2


          goals of AB 885.

          AB 885 requires the SWRCB to develop statewide OWTS regulations  
          in consultation with Department of Public Health, the Coalition  
          of California Directors of Environmental Health, the California  
          Coastal Commission, counties, cities, and other interested  
          parties.

          The SWRCB officially submitted regulations in response to the  
          requirements of AB 885 on 11/7/09 and made them available for  
          public comments along with a Draft Environmental Impact Report.   
          On February 23, 2009, the SWRCB closed the public comment period  
          for draft regulations regarding OTWS.  According to the SWRCB,  
          during the comment period the SWRCB 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  
          on the proposed regulations, the SWRCB is formulating  
          substantial changes to the regulations.  Those revised  
          regulations are anticipated to be developed by August of 2009.

           
          Analysis Prepared by  :    Bob Fredenburg / E.S. & T.M. / (916)  
          319-3965                                                 FN:  
          0001135