Bill Text: CA AB2208 | 2011-2012 | Regular Session | Amended
Bill Title: Water quality.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-08-27 - Read second time. Ordered to third reading. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c). [AB2208 Detail]
Download: California-2011-AB2208-Amended.html
BILL NUMBER: AB 2208 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE JUNE 12, 2012
AMENDED IN ASSEMBLY APRIL 16, 2012
AMENDED IN ASSEMBLY APRIL 9, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Perea
FEBRUARY 23, 2012
An act to amend Section 116760.90 of the Health and
Safety 13477.6 of the Water Code, relating to
drinking water quality, and declaring the
urgency thereof, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 2208, as amended, Perea. Drinking water.
Water quality.
Existing law, the Porter-Cologne Water Quality Control Act,
establishes the State Water Pollution Control Revolving Fund program
pursuant to which state and federal funds are continuously
appropriated from the State Water Pollution Control Revolving Fund to
the State Water Resources Control Board for loans and other
financial assistance for the construction of publicly owned treatment
works by a municipality, the implementation of a management program,
the development and implementation of a conservation and management
plan, and other related purposes in accordance with the federal Clean
Water Act and the state act. Existing law authorizes the board,
until 2014, to assess a specified annual charge in connection with
any financial assistance made pursuant to the revolving fund program
in lieu of interest that otherwise would be charged and requires the
proceeds generated from the imposition of the annual charge in lieu
of interest to be deposited in the State Water Pollution Control
Revolving Fund Small Community Grant Fund (grant fund), along with
any interest earned upon the moneys in the grant fund. Existing law
provides that the annual charge in lieu of interest remain unchanged
until 2014, at which time it will terminate and be replaced by an
identical interest rate, and prohibits the deposit of more than
$50,000,000 into the grant fund. Existing law authorizes the board to
expend the moneys in the grant fund, upon appropriation by the
Legislature, for grants for eligible projects under the revolving
fund program that serve small communities, as defined.
This bill would authorize the board to assess the charge in lieu
of interest until 2019.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law, the California Safe Drinking Water Act, requires the
State Department of Public Health to administer provisions relating
to the regulation of drinking water to protect public health.
Existing law, the Safe Drinking Water State Revolving Fund Law of
1997, establishes the Safe Drinking Water State Revolving Fund, which
is continuously appropriated to the department for the provision of
grants and revolving fund loans for the design and construction of
projects for public water systems that will enable suppliers to meet
safe drinking water standards. Existing law prohibits the department
from approving applications for this funding unless the department
determines the proposed study or project meets specified criteria.
This bill would authorize the department, with the consent of the
applicants, to combine proposed studies and projects from multiple
applicants.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13477.6 of the Water
Code is amended to read:
13477.6. (a) The State Water Pollution Control Revolving Fund
Small Community Grant Fund is hereby created in the State Treasury.
(b) The following moneys shall be deposited in the grant fund:
(1) Moneys transferred to the grant fund pursuant to subdivision
(c).
(2) Notwithstanding Section 16475 of the Government Code, any
interest earned upon the moneys deposited in the grant fund.
(c) (1) For any financing made pursuant to Section 13480, the
board may assess an annual charge to be deposited in the grant fund
in lieu of interest that would otherwise be charged.
(2) Any amounts collected under this subdivision shall be
deposited in the grant fund, not more than fifty million dollars
($50,000,000) shall be deposited in the grant fund.
(3) The charge authorized by this subdivision may be applied at
any time during the term of the financing, and once applied, shall
remain unchanged until 2014 2019 , at
which point it shall terminate and be replaced by an identical
interest rate. The charge shall not increase the financing repayment
amount as set forth in the terms and conditions imposed pursuant to
this chapter.
(d) (1) Moneys in the grant fund, upon appropriation by the
Legislature to the board, may be expended, in accordance with this
chapter, for grants for projects described in subdivision (a) of
Section 13480 that serve small communities as defined in subdivision
(a) of Section 30925 of the Public Resources Code.
(2) For the purpose of approving grants, the board shall give
priority to projects that serve severely disadvantaged communities.
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 protect public health by ensuring clean water, it is
necessary that this act go into immediate effect.
SECTION 1. Section 116760.90 of the Health and
Safety Code is amended to read:
116760.90. (a) The department shall not approve an application
for funding unless the department determines that the proposed study
or project is necessary to enable the applicant to meet safe drinking
water standards, and is consistent with an adopted countywide plan,
if any. The department may refuse to fund a study or project if it
determines that the purposes of this chapter may more economically
and efficiently be met by means other than the proposed study or
project. The department shall not approve an application for funding
a project with a primary purpose to supply or attract future growth.
The department may limit funding to costs necessary to enable
suppliers to meet primary drinking water standards, as defined in
Chapter 4 (commencing with Section 116270).
(b) With respect to applications for funding of project design and
construction, the department shall also determine all of the
following:
(1) Upon completion of the project, the applicant will be able to
supply water that meets safe drinking water standards.
(2) The project is cost effective.
(3) If the entire project is not to be funded under this chapter,
the department shall specify which costs are eligible for funding.
(c) The department, when evaluating applications for funding for
proposed studies and projects, may, with the consent of the
applicants, combine proposed studies and projects from multiple
applicants.
(d) In considering an application for funding a project that meets
all other requirements of this chapter and regulations, the
department shall not be prejudiced by the applicant initiating the
project prior to the department approving the application for
funding. Preliminary project costs that are otherwise eligible for
funding pursuant to the provisions of this chapter shall not be
ineligible because the costs were incurred by the applicant prior to
the department approving the application for funding. Construction
costs that are otherwise eligible for funding pursuant to the
provisions of this chapter shall not be ineligible because the costs
were incurred after the approval of the application by the department
but prior to the department entering into a contract with the
applicant pursuant to Section 116761.50.
