BILL ANALYSIS
AB 914
Page 1
Date of Hearing: April 14, 2009
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Wesley Chesbro, Chair
AB 914 (Logue) - As Amended: February 26, 2009
As Proposed To Be Amended
SUBJECT : Mandatory Minimum Penalties (MMPs) for Water Code
Violations: Publicly Owned Treatment Works (POTW).
SUMMARY : Increases the size and type of small community
facilities that are allowed to use MMPs for remediation of water
code violations.
Specifically, this bill expands the definition of small
community POTWs by:
1)Increasing the allowable population serving the small
community POTW from 10,000 to 20,000 persons, and
2)Allowing public water systems, schools and other local
government facilities in small communities to apply the funds
from MMPs to remediation actions at the facility that
committed the water code violation. This use of the MMPs
funds for remediation would be subject to approval by the
State Water Resources Control Board (SWRCB) or the Regional
Water Quality Control Board (RWQCB).
EXISTING LAW , the Porter-Cologne Water Quality Act, authorizes
the SWRCB and the RWQCBs to set waste discharge requirements and
establishes MMP of $3,000 for each serious waste discharge
violation. This may be in addition to other penalties and fees.
Provides that publicly owned treatment works that serve a small
or low income rural community may apply the amount of penalty to
completion of a compliance project to remedy the waste discharge
violation.
FISCAL EFFECT : Unknown
COMMENTS :
1)According to the author, the bill is necessary because "In
many instances fees and penalties for some small community
waste water treatment plants are so severe that they represent
AB 914
Page 2
a substantial impediment to achieving compliance. AB 914 is
meant to lessen the burden on smaller communities that do not
have the resources to afford such regulations." The
legislation was introduced in response to water discharge
violations that occurred at Cascade Shores, Lake Wildwood, and
Lake of the Pines in Nevada County.
2)Mandatory Minimum Penalty: The MMP program was enacted in
1999 (SB 709, Committee on Budget and Fiscal Review, Chapter
93, Statutes of 1999). The MMPs were established in response
to concerns over SWRCB and RWQCB failing to take enforcement
actions against water code violation.
AB 914
Page 3
Related legislation:
a) AB 2900 (La Malfa) 2008, contained provisions setting a
12 month time period on SWRCB and RWQCB actions. This bill
was held in the Assembly Environmental Safety and Toxic
Materials (ESTM) Committee.
b) AB 24 (Gilmore) 2009 contains provisions allowing for
larger communities to qualify for the allocation of penalty
funds to making corrective actions at small community
POTWs. This bill is awaiting action in the ESTM Committee.
c) AB 913 (Logue) 2009 contains provisions setting a 12
month time period on SWRCB and RWQCB actions. This bill is
awaiting action in the ESTM Committee.
d) SB 514 (Aanestad) 2009, contained provisions setting a
12 month time period on SWRCB and RWQCB actions. This bill
is awaiting action in the Senate.
3)Double-referral: AB 914 has been referred to ESTM and
Judiciary Committees.
REGISTERED SUPPORT / OPPOSITION :
Support
Nevada County (Sponsor)
Opposition
California League of Conservation Voters
Analysis Prepared by : Bob Fredenurg / E.S. & T.M. / (916)
319-3965