BILL NUMBER: AB 467	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Eng
   (Principal coauthor: Assembly Member Roger Hernández)
   (  Coauthor:   Senator  
Hernandez   Coauthors:   Senators  
Hernandez   and Huff  )

                        FEBRUARY 15, 2011

   An act to amend Section 75101 of the Public Resources Code,
relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 467, as amended, Eng. Environment: Safe Drinking Water, Water
Quality and Supply, Flood Control, River and Coastal Protection Bond
Act of 2006.
   The Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006, an initiative statute
approved by the voters at the November 7, 2006, statewide general
election, makes approximately $5.4 billion in bond funds available
for safe drinking water, water quality and supply, flood control,
natural resource protection, and park improvements. The bond act
makes $60,000,000 available to the State Department of Public Health
for the purpose of loans and grants for projects to prevent or reduce
contamination of groundwater that serves as a source of drinking
water and requires the department to require repayment for costs that
are subsequently recovered from parties responsible for the
contamination. Existing law requires the State Department of Public
Health, in collaboration with the Department of Toxic Substances
Control and the State Water Resources Control Board, to develop and
adopt regulations governing the repayment of costs that are
subsequently recovered from parties responsible for the contamination
of groundwater.
    This bill would instead require the State Department of Public
Health, in collaboration with those agencies, to develop guidelines
governing this repayment that would allow grantees to retain
repayments to fund ongoing or additional groundwater cleanup
activities.  The bill would make a declaration concerning the
compliance of those grantees with the bond act. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 75101 of the Public Resources Code is amended
to read:
   75101.  (a) For the purposes of implementing Section 75025, the
State Department of Public Health shall do all of the following:
   (1) Develop guidelines pursuant to Section 75100 in collaboration
with the Department of Toxic Substances Control and the state board.
   (2)  (A)    In collaboration with the Department
of Toxic Substances Control and the state board, develop guidelines
governing the repayment of costs that are subsequently recovered from
parties responsible for the contamination and that authorize
grantees to retain repayments from the responsible parties to fund
ongoing or additional groundwater cleanup activities in the grantee's
jurisdiction. 
   (B) A grantee that recovers costs from a party responsible for the
contamination and retains the repayments for ongoing or additional
activities to clean up contaminated groundwater in furtherance of the
program prescribed by the State Department of Public Health and
consistent with guidelines developed under subparagraph (A) shall be
deemed to be in compliance with Section 75025. 
   (b) For the purposes of implementing subdivision (a) of Section
75050, the Department of Fish and Game, when funding a natural
community conservation plan, shall fund only the development of a
natural community conservation plan that is consistent with the
Natural Community Conservation Planning Act (Chapter 10 (commencing
with Section 2800) of Division 3 of the Fish and Game Code).
   (c) The San Francisco Bay Area Conservancy may use the funds made
available pursuant to subdivision (c) of Section 75060 to restore the
salt ponds in the south San Francisco Bay and to create trails and
visitor facilities for public use in that area.