BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 914|
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THIRD READING
Bill No: AB 914
Author: Logue (R), et al
Amended: 9/1/09 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 7-0, 7/6/09
AYES: Simitian, Runner, Ashburn, Corbett, Hancock,
Lowenthal, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 77-0, 5/21/09 - See last page for vote
SUBJECT : Mandatory minimum civil penalties: publicly
owned
treatment works
SOURCE : Nevada County
DIGEST : This bill requires the financing plan proposed
by a publicly owned treatment works to include the
completion of a compliance project within five years.
Senate Floor Amendments of 9/1/09 specify that the State
Water Resources Control Board, when determining financial
hardship for small or rural communities pursuant to Section
13385 of the Water Code, may consider ratepayers' ability
to pay penalties, in those instances when other financial
indicators do not adequately represent the range of
economic circumstances of the community.
CONTINUED
AB 914
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ANALYSIS : Under existing law, the State Water Resources
Control Board (SWRCB) and the California regional water
quality control boards (RWQCBs) prescribe waste discharge
requirements in accordance with the federal Clean Water Act
and the Porter-Cologne Water Quality Control Act (state
act). The state act, with certain exceptions, imposes a
mandatory minimum penalty 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 six consecutive months, as
prescribed. The state act authorizes the SWRCB or a
regional board to elect to require a publicly owned
treatment works (POTWs) serving a small community, as
defined, in lieu of assessing the mandatory minimum penalty
against that POTWs, to spend an equivalent amount towards
the completion of a compliance project proposed by that
POTWs if certain requirements are met, including a
requirement that the POTWs prepare a financing plan to
complete the compliance project.
Comments
Purpose of the bill . According to the author, this bill
adds facilities eligible "to apply penalties toward
completion of a compliance project when that facility
serves a small community" and "[a]djusts the definition of
small community from 10,000 to 20,000 persons."
The author also notes that "small rural community waste
water treatment sanitation districts like Cascade Shores,
Lake Wildwood and Lake of the Pines are significantly
impaired in their ability to fund rehabilitation to achieve
compliance when confronted by escalation of fines and
penalties that result from many years expiring between
recorded violations and enforcement action."
Sponsor's communities fall within current definition . The
communities cited by the author have populations less than
10,000 persons. Moreover, the RWQCB, Central Valley
Region, recently allowed $450,000 in mandatory minimum
penalties for violations that occurred at the Cascade
Shores plant from January 1, 2000, through April 30, 2008,
to be applied towards its compliance project. The RWQCB
AB 914
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determined that Cascade Shores met the definition in
current law and at that time was constructing a new $4
million wastewater treatment plant to correct the
violations.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 9/1/09)
Nevada County (source)
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Silva, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Fuentes, Nava, Saldana
TSM:mw 9/2/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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