Bill Text: CA AB753 | 2023-2024 | Regular Session | Amended

California Assembly Bill 753

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: State Water Pollution Cleanup and Abatement Account: annual proceeds transfers.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2024-02-01 - Consideration of Governor's veto stricken from file. [AB753 Detail]

Download: California-2023-AB753-Amended.html

Amended IN Senate June 29, 2023

Amended IN Senate June 15, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 753

Introduced by Assembly Member Papan
(Coauthor: Assembly Member Dixon)

February 13, 2023

An act to add Section 13444 to the Water Code, relating to water quality, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

AB 753, as amended, Papan. State Water Pollution Cleanup and Abatement Account: annual ~~proceed~~ proceeds transfers.

Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region, as provided.

Existing law authorizes the imposition of civil penalties for violations of certain waste discharge requirements and requires that penalties imposed pursuant to these provisions be deposited into the Waste Discharge Permit Fund, to be expended by the state board, upon appropriation by the Legislature, for specified purposes related to water quality. For violations of certain other waste discharge requirements, including the violation of a waste discharge requirement effluent limitation, existing law imposes specified civil penalties, the proceeds of which are deposited into the continuously appropriated State Water Pollution Cleanup and Abatement Account, which is established in the State Water Quality Control Fund.

This bill would create the Waterway Recovery Account within the Waste Discharge Permit Fund, and would annually transfer from the State Water Pollution Cleanup and Abatement Account, excluding administratively imposed civil liabilities that include a supplemental environmental project in connection with a monetary penalty, 50% of the annual proceeds to the Waterway Recovery Account. The bill would provide that moneys in the account created by the bill are continuously appropriated to the state board without regard to fiscal years to expend on restoration projects that improve water quality as specified, for the state board’s Clean Water Team to increase water quality monitoring, and to create and fund a community capacity program to increase disadvantaged and tribal community participation in state board and regional board outreach and regulatory processes, as specified. years. The bill would require the state ~~board, including the state board’s Clean Water Team, and the regional boards to designate third parties to make these expenditures.~~ board to allocate the Waterway Recovery Account moneys to each regional board on a proportional basis, based on moneys generated in each region, and would require the regional boards to allocate those moneys to third parties, with priority given to third parties that will undertake projects with multiple benefits that provide greenspace within disadvantaged communities, as provided.

By creating a new continuously appropriated account, and by transferring funds from an existing continuously appropriated account, the bill would make an appropriation.

Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 13444 is added to the Water Code, to read:

13444.

(a) The Waterway Recovery Account is hereby created in the Waste Discharge Permit Fund.

(b) Fifty percent of the annual proceeds of the State Water Pollution Cleanup and Abatement Account, excluding administratively imposed civil liabilities that include a supplemental environmental project in connection with a monetary penalty, shall be annually transferred to the Waterway Recovery Account.

(c) Notwithstanding Section 13340 of the Government Code, moneys in the Waterway Recovery Account are hereby continuously appropriated to the state board without regard to fiscal ~~years to expend on all of the following:~~ years. The state board shall allocate the Waterway Recovery Account moneys to each regional board on a proportional basis based on moneys generated in each region.

~~(1)(A)Restoration projects, including supplemental environmental projects, that improve water quality.~~
~~(B)The state board shall allocate no less than 30 percent of the Waterway Recovery Account moneys to each regional board on an equitable basis based on moneys generated in each region. Regional~~

(d) Regional boards shall allocate ~~those~~ the moneys allocated by the state board to third parties, and priority shall be given to a third party that will undertake projects with multiple benefits that provide greenspace within disadvantaged communities. Regional boards shall, to the best of their ability, use moneys from the Waterway Recovery Account to fund projects with a significant nexus to the community harmed by the original water quality violation.

(2)Pursuant to paragraph (2) of subdivision (b) of Section 189.7, a community capacity program to increase disadvantaged and tribal community participation in state board and regional board outreach and regulatory processes, including, but not limited to, all of the following:
~~(A)Increasing disadvantaged and tribal community stakeholder participation.~~
~~(B)Improving language access.~~
~~(C)Improving access to data and information on racial equity.~~
~~(D)Improving communication with communities and partners.~~
~~(E)Bridging the digital divide to increase public participation in underserved communities.~~
(3)The state board’s Clean Water Team to increase water quality monitoring to inform the state’s integrated report or to establish a priority water-contact recreation site monitoring program that includes posting and notification of water quality hazards at identified water bodies. The state board shall prioritize moneys to increase monitoring for inland waterways in overburdened communities, as defined in paragraph (4) of subdivision (e) of Section 115917 of the Health and Safety Code.
~~(d)(1)Moneys in this section may be allocated for ongoing implementation and are not required to be spent on discrete projects.~~
(2)The state board shall designate, and allocate moneys in the Waterway Recovery Account to, third parties to make the expenditures authorized by subparagraph (A) of paragraph (1), and paragraph (2), of subdivision (c). The state board’s Clean Water Team shall designate third parties to expend any moneys allocated for the Clean Water Team’s use by the state board to increase water quality monitoring pursuant to paragraph (3) of subdivision (c).