BILL NUMBER: AB 467 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 31, 2012
AMENDED IN SENATE MAY 23, 2012
AMENDED IN ASSEMBLY JANUARY 26, 2012
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Eng
(Principal coauthor: Assembly Member Roger Hernández)
(Coauthor: Assembly Member Portantino)
(Coauthors: Senators Hernandez and Huff)
FEBRUARY 15, 2011
An act to amend Section 75101 of the Public Resources Code,
relating to the environment, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.
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.
(1) 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. Existing law creates the State Water
Pollution Cleanup and Abatement Account in the State Water Quality
Control Fund and continuously appropriates the money in that fund to
the State Water Resources Control Board for specified purposes with
regard to the Porter-Cologne Water Quality Control Act.
This bill would require the department to adopt the implementing
regulations as emergency regulations, pursuant to a specified
procedure, and would require the emergency regulations to remain in
effect for 180 days after the effective date of those emergency
regulations, by which time the department would be required to adopt
regulations.
The bill would require the regulations to include a provision
allowing the department to enter into an agreement with a grantee
that recovers the funds that would authorize the
expenditure of the recovered funds to implement ongoing treatment and
remediation activities in accordance with the purposes for which
funds may be granted pursuant to the bond act.
The bill would establish the Groundwater Contamination Prevention
Account in the State Treasury and would require the State Department
of Public Health to deposit in that account the funds recovered from
responsible parties pursuant to the payment recovery provisions in
the bond act. The bill would continuously appropriate funds in the
account to the State Department of Public Health for purposes of
implementing the groundwater contamination cleanup and prevention
provisions of the bond act, thereby making an appropriation.
The bill would authorize the department to expend up to 3% of the
recovered funds deposited annually in the
Groundwater Contamination Prevention Account to pay for the
department's oversight costs and would authorize the department to
enter into a memorandum of understanding with the State Water
Resources Control Board to expend the funds in
utilize the State Water Pollution Cleanup and Abatement
Account to administer the recovered funds, thereby making an
appropriation.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: yes. 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 and adopt regulations governing
the repayment of costs that are subsequently recovered from parties
responsible for the contamination.
(B) The State Department of Public Health shall adopt the initial
regulations required pursuant to this paragraph as emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, and
for the purposes of that chapter, including Section 11349.6 of the
Government Code, the adoption of these regulations is an emergency
and shall be considered by the Office of Administrative Law as
necessary for the immediate preservation of the public peace, health
and safety, and general welfare. Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, including subdivision (e) of Section 11346.1 of
the Government Code, any emergency regulations adopted pursuant to
this section shall be filed with, but not be repealed by, the Office
of Administrative Law and shall remain in effect until 180 days after
the effective date of the emergency regulations. On or before 180
days after the effective date of the emergency regulations, the State
Department of Public Health shall adopt regulations pursuant to this
paragraph in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code
up to 3 .
(C) There is hereby established the Groundwater Contamination
Prevention Account in the State Treasury. The State Department of
Public Health shall deposit all funds recovered from responsible
parties pursuant to Section 75025 in the Groundwater Contamination
Prevention Account. The funds in the account are hereby continuously
appropriated to the State Department of Public Health for purposes of
implementing Section 75025, as specified in this section.
(D) The State Department of Public Health may expend up to 3
percent of the recovered funds deposited annually
in the Groundwater Contamination Prevention Account to pay
for the oversight costs of the State Department of Public Health to
ensure the grantee expends the recovered funds on additional
groundwater cleanup activities in furtherance of the purposes of
Section 75025. Notwithstanding Section 13441 of the Water
Code, the State Department of Public Health may also enter into a
memorandum of understanding with the state board to expend the funds
in the State Water Pollution Cleanup and Abatement Account created
pursuant to Section 13440 of the Water Code to administer the
recovered funds.
(E) The regulations adopted pursuant to this paragraph shall
include a provision authorizing the State Department of Public Health
to enter into an agreement with a the
grantee that recovers the funds that would authorize the
expenditure of the recovered funds to implement ongoing treatment and
remediation activities in accordance with the purposes for which
funds may be granted pursuant to Section 75025.
(F) Notwithstanding Section 13441 of the Water Code, the State
Department of Public Health may also enter into a memorandum of
understanding with the state board to utilize the State Water
Pollution Cleanup and Abatement Account created pursuant to Section
13440 of the Water Code for purposes of administering the funds
recovered pursuant to subparagraph (E).
(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.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to allow a grantee conducting groundwater cleanup
activities to continue those activities, thereby better protecting
public health and safety and the environment, it is necessary that
this act take effect immediately.