Bill Text: CA AB2113 | 2021-2022 | Regular Session | Amended
Bill Title: State Water Pollution Cleanup and Abatement Account: annual proceed transfers.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2022-05-19 - In committee: Held under submission. [AB2113 Detail]
Download: California-2021-AB2113-Amended.html
|
Amended
IN
Assembly
March 15, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2113
| Introduced by Assembly Members Robert Rivas and Cristina Garcia (Coauthors: Assembly Members Eduardo Garcia and Ramos) |
February 14, 2022 |
An act to add Section 13444 to the Water Code, relating to water quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 2113, as amended, Robert Rivas.
State Water Pollution Cleanup and Abatement Account: annual proceed 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 within the Waste Discharge Permit Fund the Waterway Recovery Account, the Citizen Monitoring Account, the Community Capacity Building Account, and the Stormwater Innovation Account, and and, subject to future legislation, would annually transfer from the annual proceeds of the State Water Pollution Cleanup and
Abatement Account, subject to a future legislative act, 50%
the following amounts: 30% to the Waterway Recovery Account, Account; 5% to the Citizen Monitoring Account, but in no instance less than $250,000; 10% to the Community Capacity Building Account, but in no instance less than $500,000; and 5% to each of the other 3 accounts created by the bill. the Stormwater Innovation Account. The bill would provide that require moneys in the
Waterway Recovery Account to be distributed by the state board, upon appropriation by the Legislature, to each regional board on a pro rata basis to expend on specified purposes, including, among others, restoration projects that improve water quality. The bill would provide that moneys in each of the other 3 accounts created by the bill are available for the state board to expend, upon appropriation by the Legislature, for the following purposes: for the Waterway Recovery Account, to bring impaired waters into attainment with water quality standards; for the Citizen Monitoring Account, to fund a specified state board program to increase water quality monitoring; monitoring or to establish a priority water-contact recreation
site monitoring program; for the Community Capacity Building Account, to create and fund a community capacity program to increase environmental justice disadvantaged and tribal community participation in state board outreach and regulatory processes; and for the Stormwater Innovation Account, for specified activities relating to stormwater best management practices.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
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) (1) The Waterway Recovery Account is hereby created in the Waste Discharge Permit Fund.(2) Subject to a future legislative act, 50 30 percent of the annual proceeds of the State Water Pollution Cleanup and Abatement Account shall be annually transferred to the Waterway Recovery Account.
(3) Moneys in the Waterway Recovery Account shall be expended
distributed by the state board, upon appropriation by the Legislature, to bring impaired waters into attainment with water quality standards to the maximum extent possible. Moneys in the Waterway Recovery Account shall only be expended to each regional board on a pro rata basis based on moneys generated in each regional board’s region. Regional boards shall expend those moneys on all of the following:
(A) Restoration projects, including supplemental environmental projects, that improve water quality. Priority shall be given to projects with multiple benefits that
provide greenspace within disadvantaged communities.
(B) Source control programs.
(C) Identifying nonfilers. and enrolling nonfilers into the applicable stormwater national pollutant discharge elimination system (NPDES) order pursuant to Section 402(p) of the federal Clean Water Act (33 U.S.C. Sec. 1342(p)) and Sections 122.26(a)(9)(i)(C) and 122.26(a)(9)(i)(D) of Title 40 of the Code of Federal Regulations.
(D) Source identification of unknown sources of impairment.
(E) Competitive grants to fund projects
and programs for municipal separate storm sewer system permit compliance requirements that would prevent or remediate pollutants, including zinc, caused by tires in the state. pollutants. Priority shall be given to applicants that discharge to receiving waters in disadvantaged communities with zinc pollutant
levels that exceed the established total maximum daily loads and to projects that provide multiple benefits.
(F) Reimbursement of municipal year one costs to implement and adopt a spatially based stormwater information management system for the municipality to use in prioritizing and communicating where in the community investments in the activities described in subparagraphs (A) to (E), inclusive, would best be made.
(4) Regional boards shall use moneys from the Waterway Recovery Account to fund, to the best of their ability, projects with a significant nexus to the community harmed by the original water quality violation.
(b) (1) The Citizen
Monitoring Account is hereby created in the Waste Discharge Permit Fund.
(2) Subject to a future legislative act, 5 percent of the annual proceeds of the State Water Pollution Cleanup and Abatement Account Account, but in no instance less than two hundred fifty thousand dollars ($250,000), shall be annually transferred to the Citizen Monitoring Account.
(3) Moneys in the Citizen Monitoring Account shall be available for the state board to expend, upon appropriation by the Legislature, to fund the state board’s SWAMP - Clean Water Team Citizen Monitoring Program to increase water quality monitoring to inform the
state’s integrated report.
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.
(4) The state board shall prioritize moneys in the Citizen Monitoring Account to increase monitoring for inland waterways in overburdened communities, as defined in Section 115917 of the Health and Safety Code.
(5) Moneys in the Citizen Monitoring Account may be allocated for ongoing monitoring and are not required to be spent on discrete projects.
(c) (1) The Community Capacity Building Account is hereby created in the Waste Discharge Permit Fund.
(2) Subject to a future legislative act, 5 10 percent of the annual proceeds of the State Water Pollution Cleanup and Abatement Account
Account, but in no instance less than five hundred thousand dollars ($500,000), shall be annually transferred to the Community Capacity Building Account.
(3) Moneys in the Community Capacity Building Account shall be available for the state board to expend, upon appropriation by the Legislature, to create and fund a community capacity program to increase environmental justice disadvantaged and tribal community participation in state board outreach and regulatory processes, including all of the following:
(A) Increasing environmental justice
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)Advancing racial equity trainings for the California Environmental Protection Agency’s racial equity workforce.
(F)
(E) Bridging the digital divide to increase public participation in underserved disadvantaged and tribal communities.
(4) Moneys in the Community Capacity Building Account may be allocated for ongoing implementation of paragraph (3) and are not required to be spent on discrete projects.
(d) (1) The Stormwater Innovation Account is hereby created in the Waste Discharge Permit Fund.
(2) Subject to a future legislative act, 5 percent of the annual proceeds
of the State Water Pollution Cleanup and Abatement Account shall be annually transferred to the Stormwater Innovation Account.
(3) Moneys in the Stormwater Innovation Account shall be available for the state board to expend, upon appropriation by the Legislature, for all of the following in relation to stormwater management:
(A) Funding best management practice research innovation.
(B) Verifying Defining standardized methods to measure stormwater best management practice effectiveness.
effectiveness at the site and drainage scale.
(C) Collecting
and analyzing best management practice effectiveness data.
(e)For purposes of this section, “integrated report” means the state report that includes the list of impaired waters required pursuant to Section 303(d) of the federal Clean Water Act (33 U.S.C. Sec. 1313(d)) and the water quality assessment required pursuant to Section 305(b) of the federal Clean Water Act (33 U.S.C. Sec. 1315(b)).
(D) Establishing long-term monitoring sites based on the methods defined pursuant to subparagraph (B) and defining specifically how the
monitoring data will inform site and drainage scale modeling of all unmonitored areas.
