Bill Text: CA AB30 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Water quality.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-08 - Chaptered by Secretary of State - Chapter 629, Statutes of 2013. [AB30 Detail]

Download: California-2013-AB30-Amended.html

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BILL NUMBER: AB 30	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 24, 2013
	AMENDED IN ASSEMBLY  JANUARY 24, 2013

INTRODUCED BY   Assembly Member Perea

                        DECEMBER 3, 2012

   An act to amend Section 13477.6 of the Water Code, relating to
water quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 30, as amended, Perea. Water quality.
   Existing law, the Porter-Cologne Water Quality Control Act
 (state act),   or the state 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
 (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 Water Pollution Control 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 that charge to be deposited in the State Water
Pollution Control Revolving Fund Small Community Grant Fund 
(grant fund),   or grant fund,  along with any
interest earned upon the moneys in the grant fund. Existing law
provides that the charge 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 eliminate the requirement that the charge remain
unchanged until 2014 and instead would authorize the board to assess
the charge without change unless the board  determines that
application of the charge is not consistent with federal requirements
regarding the fund,   makes a prescribed determination;
if, however, the refinancing repayment is incomplete,  at which
time the board would be required to replace the charge with an
identical interest rate. This bill would eliminate the prohibition on
the deposit of more than $50,000,000 collected by the charge into
the grant fund.  This bill would require the board to expend
moneys appropriated from the grant fund within a period of 4 years
from the date of encumbrance. 
   Vote: majority. Appropriation: no. Fiscal committee: 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)  (A)    The charge
authorized by this subdivision may be applied at any time during the
term of the financing, and once applied, shall remain unchanged
unless the board  makes the determination described in
subparagraph (B).   determines that the application of
the charge is any of the following:  
   (B) If the board determines that application of the charge is not
consistent with federal requirements regarding the fund, the board
shall cease the collection of the charge and shall replace the charge
with an identical interest rate.  
   (A) No longer consistent with federal requirements regarding the
fund.  
   (B) No longer necessary.  
   (C) Negatively affecting the board's ability to fund projects that
supports its water quality goals. 
   (3) The charge shall not increase the financing repayment amount
as set forth in the terms and conditions imposed pursuant to this
chapter. 
   (4) If the board ceases collecting the charge before the financing
repayment is complete, the board shall replace the charge with an
identical interest rate. 
   (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  and subdivision (a) of Section 35.3115 of Title 40
of the Code of Federal Regulations  that serve small
communities as defined in subdivision (a) of Section 30925 of the
Public Resources Code.  The board shall expend moneys
appropriated from the grant fund within a period of four years from
the date of encumbrance. 
   (2) For the purpose of approving grants, the board shall give
priority to projects that serve severely disadvantaged communities.