Bill Text: CA AB2712 | 2013-2014 | Regular Session | Amended
Bill Title: Hazardous materials: Orange County Water District: groundwater remediation.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2014-08-25 - Read second time. Ordered to third reading. [AB2712 Detail]
Download: California-2013-AB2712-Amended.html
BILL NUMBER: AB 2712 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN SENATE JULY 1, 2014
AMENDED IN ASSEMBLY APRIL 23, 2014
INTRODUCED BY Assembly Member Daly
(Principal coauthors: Assembly Members Allen and Wagner)
(Principal coauthor: Senator Correa)
(Coauthor: Assembly Member Quirk-Silva)
FEBRUARY 21, 2014
An act to amend Section 8 of the Orange County Water District Act
(Chapter 924 of the Statutes of 1933), relating to hazardous
materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 2712, as amended, Daly. Hazardous materials: Orange County
Water District: groundwater remediation.
Existing law, the Orange County Water District Act, prescribes the
powers of the Orange County Water District. Existing law grants the
district the power to perform actions useful or necessary to
replenish the underground water basin within the district, or to
augment and protect the quality of the common water supplies of the
district. The act authorizes the district to conduct any
investigations of the quality of the surface and groundwaters within
the district that the district determines to be necessary and
appropriate to determine whether those waters are contaminated or
polluted. The act authorizes the district to expend available funds
to perform any cleanup, abatement, or remedial work required under
the circumstances which, in the determination of the board of
directors, is required by the magnitude of the endeavor or the
urgency of prompt action needed to prevent, abate, or contain any
threatened or existing contamination of, or pollution to, the surface
or groundwaters of the district, and requires the person causing or
threatening to cause that contamination or pollution to be liable to
the district to the extent of the reasonable costs actually incurred.
This bill would require the district, when cleaning up or
containing contamination or pollution, abating the effects of the
contamination or pollution, or, in the case of threatened
contamination or pollution, taking other emergency, removal,
removal or remedial action described above, to
provide prior notice of the action to a regional water
quality control board and the Department of Toxic Substances Control,
to meet and confer with agencies and any responsible party , as
provided , and to comply with the requirements of the National
Contingency Plan, as prescribed. The Among
other things, bill would state the intent of the Legislature
that the district adopt a policy to address the process for
groundwater remediation projects and that the district enter into a
memorandum of understanding between it, the Department of Toxic
Substances Control, the California Regional Water Quality Control
Board, Santa Ana region, and the Orange County Health Care Agency to
establish a process of review of the district's proposed groundwater
remediation projects.
The bill would declare that a special law is necessary and that a
general law cannot be made applicable within the meaning of Section
16 of Article IV of the California Constitution.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature
that this act shall improve the process used by the Orange County
Water District when it pursues any cost recovery actions for projects
that involve cleaning up or containing contamination or pollution.
SECTION 1. SEC. 2. It is the intent
of the Legislature that the Orange County Water District adopt a
policy that would address the process for groundwater remediation
projects with the following goals:
(a) To provide increased clarity and certainty of the process for
all interested parties , including potential responsible parties
.
(b) To provide for the swift remediation of groundwater
contamination.
(c) To uphold the responsibilities of the district.
SEC. 2. SEC. 3. It is further the
intent of the Legislature that the Orange County Water District enter
into a memorandum of understanding between the district, the
Department of Toxic Substances Control, California Regional Water
Quality Control Board, Santa Ana region, and the Orange County Health
Care Agency to establish a process for review of the district's
proposed groundwater remediation projects.
SEC. 3. SEC. 4. Section 8 of the
Orange County Water District Act (Chapter 924 of the Statutes of
1933), as added by Section 4 of Chapter 802 of the Statutes of 1989,
is amended to read:
Sec. 8. (a) The district may conduct any investigations of the
quality of the surface and groundwaters within the district that the
district determines to be necessary and appropriate to determine
whether those waters are contaminated or polluted.
(b) The district may expend available funds to perform any
cleanup, abatement, or remedial work required under the circumstances
which, in the determination of the board of directors, is required
by the magnitude of the endeavor or the urgency of prompt action
needed to prevent, abate, or contain any threatened or existing
contamination of, or pollution to, the surface or groundwaters of the
district. This action may be taken in default of, or in addition to,
remedial work by the person causing the contamination or pollution,
or other persons. The district may perform the work itself, by
contract, or by or in cooperation with any other governmental agency.
(c) If, pursuant to subdivision (b), the contamination or
pollution is cleaned up or contained, the effects thereof abated, or,
in the case of threatened contamination or pollution, other
necessary emergency, removal, removal
or remedial action is taken, the person causing or threatening to
cause that contamination or pollution shall be liable to the district
to the extent of the reasonable costs actually incurred in cleaning
up or containing the contamination or pollution, abating the effects
of the contamination or pollution, or taking other remedial action.
The amount of those costs, together with court costs and reasonable
attorneys' fees, shall be recoverable in a civil action by, and paid
to, the district. In any such action, the necessity for the cleanup,
containment, abatement, or remedial work, and the reasonableness of
the costs incurred therewith, shall be presumed, and the defendant
shall have the burden of proving that the work was not necessary, and
the costs not reasonable.
(d) When cleaning up or containing contamination or pollution,
abating the effects thereof, or, in the case of threatened
contamination or pollution, taking other necessary
emergency, removal, removal or remedial actions,
the district shall do all of the following:
(1) Provide prior notice of the action to the office of
the regional water quality control board for the region in which the
action shall be taken and the Department of Toxic Substances
Control.
(2) With respect to the contamination or pollution, meet and
confer with any agency that may be an administering agency and make
reasonable efforts to meet and confer with any responsible party that
is subject to an order or directive of the administering agency
before the district approves the action .
(3) Comply with the requirements of the National Contingency Plan
(40 C.F.R. Part 300) that apply to the State of California
any county, city, or water district pursuant to
Section 9607(a)(4)(A) 9607(a)(4)(B) of
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. Sec. 9607(a)(4)(A))
9607(a)(4)(B)) and with the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Chapter 6.8 (commencing with Section 25300) of
Division 20 of the Health and Safety Code).
SEC. 4. SEC. 5. The Legislature
finds and declares that a special law is necessary and that a general
law cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution because the Department of
Toxic Substances Control, the California Regional Water Quality
Control Board, Santa Ana region, and the certified unified program
agency for the County of Orange have provided and continue to provide
oversight for groundwater cleanups at many sites in north and
central Orange County, and the Orange County Water District has
undertaken investigations and planning for several potential
groundwater cleanup projects covering large parts of those same
areas, creating the potential for conflicting and inconsistent
regulation of businesses and landowners in those parts of Orange
County that may be responsible for conducting groundwater
investigations and cleanups at their sites.
SEC. 5. SEC. 6. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
