BILL NUMBER: AB 467 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 21, 2012
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 (department) 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 department
, in collaboration with the Department of Toxic Substances
Control (DTSC) 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.
Existing law, the Carpenter-Presley-Tanner Hazardous
Substance Account Act, creates in the General Fund the Site
Remediation Account, and authorizes the money in that account to be
expended by the D T S C ,
upon appropriation by the Legislature, for direct site remediation
costs.
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 department 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 department 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 in the Groundwater Contamination Prevention
Account to pay for the department's oversight costs and
.
The bill would authorize the department to
enter into a memorandum of understanding with the State
Water Resources Control Board to utilize the State Water Pollution
Cleanup and Abatement Account to administer the recovered funds,
thereby making an appropriation DTSC to provide
oversight activities or to transfer funds from the Groundwater
Contamination Prevention Account to the Site Remediation Account. The
bill would appropriate the transferred funds to the DTSC for
purposes of implementing the department's agreement with a grantee
.
(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
both 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.
(C) The regulations adopted pursuant to this paragraph shall
include a provision authorizing the State Department of Public Health
to enter into an agreement with 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.
(C)
(b) (1) 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)
( 2) The State Department of Public Health
may expend up to 3 percent of the recovered funds deposited 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.
(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 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).
(c) As an alternative to expending funds to oversee grantees, as
described in paragraph (2) of subdivision (b), the State Department
of Public Health and the Department of Toxic Substances Control may
enter into a memorandum of understanding that would do either of the
following:
(1) Authorize the Department of Toxic Substances Control to
provide the oversight activities described in paragraph (2) of
subdivision (b) in lieu of the State Department of Public Health.
(2) Transfer recovered funds from the Groundwater Contamination
Prevention Account to the Site Remediation Account established
pursuant to Section 25337 of the Health and Safety Code.
(d) Any funds transferred from the Groundwater Contamination
Prevention Account to the Site Remediation Account pursuant to
paragraph (2) of subdivision (c) are hereby appropriated therefrom to
the Department of Toxic Substances Control for purposes of
implementing an agreement with a grantee pursuant to the regulations
adopted pursuant to subparagraph (C) of paragraph (2) of subdivision
(a).
(b)
( e) 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)
( f) 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.