BILL ANALYSIS
AB 914
Page 1
Date of Hearing: April 27, 2009
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 914 (Logue) - As Amended: April 23, 2009
PROPOSED CONSENT
SUBJECT : MANDATORY MINIMUM CIVIL PENALTIES (MMPs): PUBLICLY
OWNED TREATMENT WORKS
KEY ISSUE : SHOULD THE SIZE AND TYPE OF SMALL COMMUNITY
FACILITIES THAT ARE ALLOWED ALTERNATIVES TO MANDATORY MINIMUM
PENALTIES (MMPs) BE INCREASED, AND SHOULD A LESSER PENALTY THAN
THE MMP BE ALLOWED IN CERTAIN SPECIFIED CASES?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
This non-controversial bill was approved by the Environmental
Safety and Toxic Materials Committee on April 21, 2009, by a
vote of 7-0. The bill as amended merely increases the size and
type of small community facilities that are allowed to use
alternatives to mandatory minimum civil penalties (MMPs) for
remediation of Water Code violations and provides an additional
alternative to MMPs. Existing law imposes a mandatory minimum
penalty of $3,000 for each serious waste discharge violation, or
for certain other violations if they occur four or more times in
any period of six months. Existing law also authorizes the
state board or a regional board to elect, in lieu of assessing
the MMP against a "publicly owned treatment works serving a
small community" (POTW), defined as a publicly owned treatment
works that serves a population of 10,000 or fewer, to require
the POTW to spend an equivalent amount toward completion of a
compliance project proposed by that POTW if certain requirements
are met. This bill would expand the definition of a POTW
serving a small community, so that it includes treatment works
or drinking water systems serving a population of 20,000 or
fewer. This bill would also authorize the state board or a
regional board to assess a penalty against a POTW serving a
small community that is less than the MMP, if the amount of the
alternative penalty reflects a consideration of the size of the
community being served by the POTW, the affordability of the
penalty, and the impact of the water quality violation. The
AB 914
Page 2
bill is supported by Nevada County and has no known opposition.
SUMMARY : Expands the definition of a publicly owned treatment
works (POTW) serving a small community, and provides an
additional alternative to imposition of MMPs on those POTWs.
Specifically, this bill :
1)Authorizes the state board or a regional board to assess a
penalty against a publicly owned treatment works (POTW)
serving a small community that is less than the mandatory
minimum penalty, if the amount of the alternative penalty
reflects the following:
a) A consideration of the size of the community being
served by the POTW;
b) The affordability of the penalty; and
c) The impact of the water quality violation.
2)Expands the definition of a "publicly owned treatment works
serving a small community" to include treatment works or
drinking water systems serving a population of 20,000 or
fewer.
EXISTING LAW :
1)Authorizes the State Water Resources Control Board (SWRCB) and
the California regional water quality control boards (RWQCBs)
to prescribe waste discharge requirements in accordance with
the federal Clean Water Act. (Water Code section 13385(a).)
2)Imposes a mandatory minimum penalty, with certain exceptions,
of $3,000 for each serious waste discharge violation, as
defined, or for certain other described violations if those
violations occur four or more times in any period of 6
consecutive months. (Water Code section 13385(h).)
3)Authorizes the state board or a regional board to elect to
require a "publicly owned treatment works (POTW) serving a
small community," in lieu of assessing the MMP against that
POTW, to spend an equivalent amount toward completion of a
compliance project proposed by that POTW if certain
requirements are met. (Water Code section 13385(k).)
4)Defines a "publicly owned treatment works serving a small
community" as a publicly owned treatment works that serves a
AB 914
Page 3
population of 10,000 or fewer. (Water Code section
13385(k)(2).)
COMMENTS : According to the author, this non-controversial bill
is necessary because, "In many instances, fees and penalties for
some small community waste water treatment plants are so severe
that they represent 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.
Mandatory minimum penalties (MMPs) were established in 1999 in
response to concerns over the SWRCB and RWQCB failing to take
enforcement actions against Water Code violations. This bill
would merely expand the definition of a POTW serving a small
community to include drinking water as well as water treatment
works, and to include POTWs serving populations of 20,000 or
fewer rather than 10,000 or fewer. Moreover, the bill will
allow those POTWs to be assessed a penalty lower than the MMP
only under certain limited circumstances. Existing law already
provides an alternative to MMPs for POTWs serving small
communities, by allowing them to spend an equivalent amount
toward completion of a compliance project proposed by the POTW
if certain requirements are met. This bill would provide an
additional alternative to MMPs by allowing a lesser amount to be
imposed if the penalty reflects the size of the community being
served, the affordability of the penalty, and the impact of the
violation. The author states that this bill is necessary to
ensure that POTWs serving smaller communities are not unduly
burdened by MMPs.
Prior Related Legislation . AB 2900 (La Malfa), 2008: Water
quality: civil penalties. This bill would have required the
State Water Resources Control Board or a regional water quality
control board to expeditiously take appropriate action to assess
any mandatory minimum penalty for each serious waste discharge
violation of the federal Clean Water Act and the Porter-Cologne
Water Quality Control Act. The bill died in the Assembly
Committee on Environmental Safety and Toxic Materials.
SB 390 (Alpert), Chapter 686, 1999: Liability: waste discharge.
Revised the authority of regional water quality control boards
to waive waste discharge requirements of the Porter-Cologne
AB 914
Page 4
Water Quality Control Act as to a specific discharge if the
waiver is not against the public interest and is not for a
period to exceed five years; required regional boards and the
State Water Resources Control Board to enforce the conditions
under which a waiver was granted; required the regional boards,
prior to renewing any waiver, to review the terms of the waiver
at a public hearing; and revised liability provisions where a
person violates prescribed orders or discharges waste in
violation of a waste discharge requirement or other order or
prohibition to include waivers or conditions.
REGISTERED SUPPORT / OPPOSITION :
Support
Nevada County (sponsor)
Opposition
None on file
Analysis Prepared by : Drew Liebert and Rachel Anderson / JUD. /
(916) 319-2334