BILL ANALYSIS
AB 914
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Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 914 (Logue) - As Amended: April 23, 2009
Policy Committee: Environmental
Safety Vote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill expands the definition of a publicly owned treatment
works (POTW) serving a small community, and provides an
additional alternative to imposition of mandatory minimum civil
penalties for water code violations (MMPs) on those POTWs.
Specifically, this bill:
1)Expands the definition of a publicly owned treatment works to
include drinking water systems, whether publicly or privately
owned.
2)Increases the population limit, from 10,000 to 20,000, that is
provided in the definition of a publicly owned water facility
serving a "small community."
3)Allows a public water system, school and other local
government facility in a small community to apply funds from
mandatory minimum civil penalties for MMPs to remediation
actions at the facility that committed the water code
violation, subject to approval by the State Water Resources
Control Board (SWRCB) or the Regional Water Quality Control
Board (RWQCB).
FISCAL EFFECT
Minor, absorbable costs to SWRCB or the RWQCB.
COMMENTS
1)Rationale. According to the author, this bill is necessary
because fees and penalties for violations of the water code
AB 914
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are oftentimes so costly that they prevent small communities
from undertaking actions that would bring about compliance.
This bill would continue the practice of monetary penalties
for violations of the water code. However, it would allow
small communities to use the penalty amounts for compliance
with the water code.
Additionally, and consistent with public recommendations made
by SWRCB, the author contends the definition of "small
community" as one with no more than 20,000 persons more
accurately reflects the type of communities that the author
seek to assist with this bill.
2)Background. The Porter-Cologne Water Quality Act authorizes
SWRCB and RWQCB 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.
The act additionally provides that publicly owned treatment
works that serve a small (no more than 10,000 residents) or
low-income rural community may apply the amount of penalty to
completion of a compliance project to remedy the waste
discharge violation.
3)Related legislation:
a) 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.
b) 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.
c) SB 514 (Aanestad) 2009, contains provisions setting a
12-month time period on SWRCB and RWQCB actions. This bill
is awaiting action in the Senate.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081