Bill Text: CA AB2113 | 2021-2022 | Regular Session | Introduced

California Assembly Bill 2113 (Prior Session Legislation)

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

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-Introduced.html

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 introduced, 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 would annually transfer from the annual proceeds of the State Water Pollution Cleanup and Abatement Account, subject to a future legislative act, 50% to the Waterway Recovery Account, and 5% to each of the other 3 accounts created by the bill. The bill would provide that moneys in the 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; for the Community Capacity Building Account, to create and fund a community capacity program to increase environmental justice community participation in state board outreach and regulatory processes; and for the Stormwater Innovation Account, for specified activities relating to stormwater best management practices.

Vote: MAJORITY Appropriation: NO 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) (1) The Waterway Recovery Account is hereby created in the Waste Discharge Permit Fund.

(2) Subject to a future legislative act, 50 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 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 on all of the following:

(A) Restoration projects, including supplemental environmental projects, that improve water quality.

(B) Source control programs.

(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. Priority shall be given to applicants that discharge to receiving waters with zinc levels that exceed the established total maximum daily loads and to projects that provide multiple benefits.

(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 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.

(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 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 community participation in state board outreach and regulatory processes, including all of the following:

(A) Increasing environmental justice community stakeholder participation.

(B) Improving language access.

(D) Improving communication with communities and partners.

(E) Advancing racial equity trainings for the California Environmental Protection Agency’s racial equity workforce.

(F) Bridging the digital divide to increase public participation in underserved communities.

(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 best management practice effectiveness.

(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)).