BILL ANALYSIS
AB 914
Page 1
GOVERNOR'S VETO
AB 914 (Logue)
As Amended September 1, 2009
2/3 vote
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|ASSEMBLY: | |(May 21, 2009) |SENATE: |40-0 |(September 4, |
| | | | | |2009) |
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(vote not relevant)
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|ASSEMBLY: |78-0 |(September 9, | | | |
| | |2009) | | | |
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Original Committee Reference: E.S. & T.M.
SUMMARY : Provides that in the case where Mandatory Minimum
Penalties (MMPs) for Water Code Violations at Publicly Owned
Treatment Works (POTW) are imposed by the State Water Resources
Control Board (SWRCB) or the Regional Water Quality Control
Board (RWQCB) those penalty amounts may be applied to the
correction of the water code violation if the boards find an
economic hardship based on the impact of the penalties on
individual ratepayers.
EXISTING LAW :
1)Authorizes, under the Porter-Cologne Water Quality Act, SWRCB
and RWQCBs to set waste discharge requirements and establishes
MMP of $3,000 for each serious waste discharge violation.
2)Provides that POTWs 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.
Among the consideration that SWRCB may consider in allowing
the use of the penalty funds for remediation is whether the
penalties create a significant economic effect on the POTW
operation.
AB 914
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The Senate amendments delete the Assembly version of the bill,
and instead provide an additional standard for determining a
financial hardship of a POTW in small and rural communities for
which they are subject to the MMPs.
AS PASSED BY THE ASSEMBLY , this bill increased the size and type
of small community facilities that are allowed to use MMPs for
Water Code Violations at POTWs for remediation of water code
violations.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor, absorbable costs to SWRCB or the RWQCB.
COMMENTS : 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 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."
GOVERNOR'S VETO MESSAGE:
This bill would specify that the State Water
Resources Control Board (Board) may take into
consideration the additional criterion of impacts of
mandatory minimum penalties on individual ratepayers
when making a determination of "financial hardship"
of a small community served by a public owned
treatment works (POTW).
The bill is unnecessary since the Board already has
the authority under current law to take any factor
it deems appropriate into consideration when making
a determination of financial hardship of a small
community served by a POTW.
Furthermore, the bill's language for determining
"financial hardship" is unclear, provides little to
AB 914
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no guidance for the Board, and would only further
confuse an already complex financial hardship
determination process. The unintended consequence
of AB 914 will be costly lawsuits and competing
interpretations of the bill's vague and confusing
language.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0003436