BILL ANALYSIS �
AB 964
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Date of Hearing: April 26, 2011
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bob Wieckowski, Chair
AB 964 (Huffman) - As Amended: April 13, 2011
SUBJECT : State Water Pollution Control Revolving Fund: onsite
sewer improvement projects.
SUMMARY : Requires financial assistance from the State Water
Pollution Control Revolving Fund (SWPCRF) for onsite sewer
improvements to be provided only for projects for which a public
agency has adopted a sewer system management plan that, in
addition to other applicable requirements, includes a ten-year
plan for sewer upgrades. Specifically, this bill :
1)Makes legislative findings and declarations relating to water
quality and financing onsite sewer system improvements.
2)States legislative intent, including that it is the intent of
the Legislature to address water quality needs throughout
California by permitting voluntary individual sewer
improvements that provide a public benefit. States that the
Legislature intends the provisions of this bill to authorize
financing the installation of onsite sewer improvements that
are permanently fixed to residential, commercial, industrial,
agricultural, or other real property.
3)Defines terms, including, the following:
a) "Onsite sewer improvements" as permanent sewer
improvements fixed to real property that convey sewage from
the property's interior plumbing to the point of discharge
into the public agency's sewer facilities, and may include,
but is not limited to, pipes, pumps, other equipment, sewer
laterals, or one-time charges for sewage treatment capacity
associated with the improvements.
b) "Sewer system management plan" as a system-specific plan
that meets the requirements of the Statewide General Waste
Discharge Requirements for Sanitary Sewer Systems, as
specified.
c) "Ten-year plan for sewer upgrades" as a plan that
includes, but need not be limited to, all of the following:
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i) An evaluation, as specified, that identifies and
prioritizes the areas where onsite sewer improvements are
needed in order to prevent, within ten years, sanitary
sewer overflows due to aging, cracked, and leaking sewer
laterals;
ii) Strategies for public outreach, as specified, to
private property owners regarding the critical importance
of properly designed, located, constructed, and
maintained onsite sewer improvements for the purpose of
prevention or abatement of sewage contamination; and,
iii) Guidelines, as specified, for managing and
accounting for funding made available to property owners
for the purposes of onsite sewer improvements.
4)Requires financial assistance provided from the SWPCRF for
onsite sewer improvements to be provided only for projects for
which a public agency has adopted a sewer system management
plan that, in addition to other applicable requirements,
includes a ten-year plan for sewer upgrades.
5)Requires, commencing January 1, 2013, a public agency
receiving financial assistance from the SWPCRF for onsite
sewer improvements to report annually to the State Water
Resources Control Board (SWRCB) on the progress of developing
and implementing the ten-year plan for sewer upgrades.
EXISTING LAW :
1)Under the federal Water Pollution Control Act (Clean Water
Act) Amendments of 1972 and 1987:
a) Establishes federal guidelines for surface water quality
protection.
b) Authorizes water quality programs; requires federal
effluent limitations and state water quality standards;
requires permits for the discharge of pollutants into
navigable waters; provides enforcement mechanisms; and
authorizes funding for wastewater treatment works,
construction grants, and state revolving loan programs, as
well as funding to states and tribes for their water
quality programs.
c) Establishes the Clean Water State Revolving Fund (CWSRF)
to offer low interest financing agreements for water
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quality projects.
1)Under the Porter-Cologne Water Quality Control Act,
establishes State Water Pollution Control Revolving Fund
(SWPCRF), also known as a CWSRF program, to, among other
things, implement the federal CWSRF program. Authorizes the
SWRCB to implement the program.
FISCAL EFFECT : Unknown.
COMMENTS :
Need for the bill : According to the author, "Counties around
the state are riddled with old and damaged sewer lines. Repair
or replacement of the lateral is typically the responsibility of
the homeowner. Yet, rehabilitation of laterals is important in
preventing backups and overflows system-wide. The California
State Water Resources Control Board requires sanitation agencies
to maintain public sewer lines, but there is no statewide
program that mandates private lateral rehabilitation.
Local wastewater agencies in the North Bay Watershed Association
have already invested more than $200 million on improving
publicly owned sewer mains and treatment facilities and have
budgeted another $50 million or so in the next several years.
But the problem cannot be resolved simply by upgrading the
public sewer system. Private property owners must also address
their sewer laterals so that public facilities are not
overwhelmed, and overflows and sewer spills are avoided.
This bill helps address the chronic water quality impacts caused
by sanitary sewer overflows (SSOs) from aging cracked and
damaged sewer laterals by encouraging public agencies to
facilitate locally-administered low cost loan programs to
finance the installation of onsite sewer improvements. This
bill recognizes a public purpose will be served by supporting
such locally administered low cost loan programs through the use
of State Water Pollution Control Revolving Funds. This bill
requires that a public agency receiving funds for these purposes
include a ten-year plan for sewer upgrades in its sewer system
management plan."
Impacts of sewage spills: According to the SWRCB, sanitary
sewer overflows (SSOs), which are any overflow, spill, release,
discharge or diversion of untreated or partially treated
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wastewater from a sanitary sewer system, often contain high
levels of suspended solids, pathogenic organisms, toxic
pollutants, nutrients, oil, and grease. SSOs pollute surface
and ground waters, threaten public health, adversely affect
aquatic life, and impair the recreational use and aesthetic
enjoyment of surface waters. Typical consequences of SSOs
include the closure of beaches and other recreational areas,
inundated properties, and polluted rivers and streams.
Clean Water State Revolving Fund (CWSRF) program : The CWSRF is
a federal financial assistance program that implements the
federal Clean Water Act and various State water quality laws.
The CWSRF provides financial assistance for construction or
implementation of projects that address water quality problems
and prevent pollution of the waters of the State.
The CWSRF program provides low-interest loans and other
financing mechanisms for the construction of publicly-owned
wastewater treatment facilities, local sewers, sewer
interceptors, water recycling facilities, and storm water
treatment facilities. It also finances expanded use projects
such as implementation of nonpoint source (NPS) projects or
programs, and the development and implementation of estuary
Comprehensive Conservation and Management Plans (CCMPs).
At the state level, current law establishes a CWSRF program,
also known as the State Water Pollution Control Revolving Fund,
and authorizes the SWRCB to implement the program. The CWSRF
program is largely funded from capitalization grants from the
federal government, as well as from State bond funds. Last
year, the CWSRF received a federal capitalization grant of $147
million. Under this program, the SWRCB has a loan portfolio of
$2 billion, and issues $200-$300 million in loans annually for
water quality projects.
AB 964 seeks to support locally-administered low cost loan
programs, through the CWSRF program, to finance the installation
of onsite sewer improvements.
Statewide General Waste Discharge Requirements for Sanitary
Sewer Systems : To provide a consistent statewide regulatory
approach to address SSOs, the SWRCB adopted the Statewide
General Waste Discharge Requirements for Sanitary Sewer Systems
(Sanitary Sewer Systems WDR) on May 2, 2006. The Sanitary Sewer
Systems WDR requires public agencies that own or operate
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sanitary sewer systems to develop and implement sewer system
management plans and report all SSOs to the SWRCB's online SSO
database.
AB 964 intends to build on the Sanitary Sewer Systems WDR by
requiring a public agency that seeks State CWSRF financing to,
in addition to adopting a Sanitary Sewer Systems WDR, have
adopted a ten-year plan for sewer upgrades in its sewer system
management plan.
Issue:
1)Eligibility of funding private laterals sewers under the CWSRF
program : According to the U.S. EPA, house connections include
the pipe from the house to the sewage collection system.
Sometimes the house connection is also known as a "lateral
sewer." Under the CWSRF program, the term "lateral sewer"
includes as the portions of the collection system which are
tributary to larger sewers, but does not include house
connections. Subject to limitations, lateral sewers are
eligible under the CWSRF program. There is some ambiguity
about whether privately owned lateral sewers are eligible for
funding under the program. This bill does not appear to
authorize the use of CWSRF funds for improvement of house
connections.
Double referral : This bill was heard in the Assembly Local
Government Committee on April 6, 2011. It passed on a 9 - 0
vote.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Realtors
California Association of Sanitation Agencies
Clean Water Action
Ross Valley Sanitary District
Sierra Club California
Opposition
Association of California Water Agencies
Analysis Prepared by : Shannon McKinney/ E.S. & T.M. / (916)
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319-3965