Bill Text: CA AB467 | 2011-2012 | Regular Session | Enrolled
Bill Title: Environment: Safe Drinking Water, Water Quality and
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Vetoed) 2012-09-25 - Consideration of Governor's veto pending. [AB467 Detail]
Download: California-2011-AB467-Enrolled.html
BILL NUMBER: AB 467 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 22, 2012
PASSED THE ASSEMBLY AUGUST 24, 2012
AMENDED IN SENATE AUGUST 21, 2012
AMENDED IN SENATE MAY 31, 2012
AMENDED IN SENATE MAY 23, 2012
AMENDED IN ASSEMBLY JANUARY 26, 2012
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Eng
(Principal coauthor: Assembly Member Roger Hernández)
(Coauthor: Assembly Member Portantino)
(Coauthors: Senators Hernandez and Huff)
FEBRUARY 15, 2011
An act to amend Section 75101 of the Public Resources Code,
relating to the environment, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 467, Eng. Environment: Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Bond Act of 2006.
(1) The Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Bond Act of 2006, an initiative
statute approved by the voters at the November 7, 2006, statewide
general election, makes approximately $5.4 billion in bond funds
available for safe drinking water, water quality and supply, flood
control, natural resource protection, and park improvements. The bond
act makes $60,000,000 available to the State Department of Public
Health (department) for the purpose of loans and grants for projects
to prevent or reduce contamination of groundwater that serves as a
source of drinking water and requires the department to require
repayment for costs that are subsequently recovered from parties
responsible for the contamination. Existing law requires the
department, in collaboration with the Department of Toxic Substances
Control (DTSC) and the State Water Resources Control Board, to
develop and adopt regulations governing the repayment of costs that
are subsequently recovered from parties responsible for the
contamination of groundwater. Existing law, the
Carpenter-Presley-Tanner Hazardous Substance Account Act, creates in
the General Fund the Site Remediation Account, and authorizes the
money in that account to be expended by the DTSC, upon appropriation
by the Legislature, for direct site remediation costs.
This bill would require the department to adopt the implementing
regulations as emergency regulations, pursuant to a specified
procedure, and would require the emergency regulations to remain in
effect for 180 days after the effective date of those emergency
regulations, by which time the department would be required to adopt
regulations.
The bill would require the regulations to include a provision
allowing the department to enter into an agreement with a grantee
that recovers the funds that would authorize the expenditure of the
recovered funds to implement ongoing treatment and remediation
activities in accordance with the purposes for which funds may be
granted pursuant to the bond act.
The bill would establish the Groundwater Contamination Prevention
Account in the State Treasury and would require the department to
deposit in that account the funds recovered from responsible parties
pursuant to the payment recovery provisions in the bond act. The bill
would continuously appropriate funds in the account to the
department for purposes of implementing the groundwater contamination
cleanup and prevention provisions of the bond act, thereby making an
appropriation.
The bill would authorize the department to expend up to 3% of the
recovered funds deposited in the Groundwater Contamination Prevention
Account to pay for the department's oversight costs.
The bill would authorize the department to enter into a memorandum
of understanding with the DTSC to provide oversight activities or to
transfer funds from the Groundwater Contamination Prevention Account
to the Site Remediation Account. The bill would appropriate the
transferred funds to the DTSC for purposes of implementing the
department's agreement with a grantee.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 75101 of the Public Resources Code is amended
to read:
75101. (a) For the purposes of implementing Section 75025, the
State Department of Public Health shall do both of the following:
(1) Develop guidelines pursuant to Section 75100 in collaboration
with the Department of Toxic Substances Control and the state board.
(2) (A) In collaboration with the Department of Toxic Substances
Control and the state board, develop and adopt regulations governing
the repayment of costs that are subsequently recovered from parties
responsible for the contamination.
(B) The State Department of Public Health shall adopt the initial
regulations required pursuant to this paragraph as emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, and
for the purposes of that chapter, including Section 11349.6 of the
Government Code, the adoption of these regulations is an emergency
and shall be considered by the Office of Administrative Law as
necessary for the immediate preservation of the public peace, health
and safety, and general welfare. Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, including subdivision (e) of Section 11346.1 of
the Government Code, any emergency regulations adopted pursuant to
this section shall be filed with, but not be repealed by, the Office
of Administrative Law and shall remain in effect until 180 days after
the effective date of the emergency regulations. On or before 180
days after the effective date of the emergency regulations, the State
Department of Public Health shall adopt regulations pursuant to this
paragraph in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(C) The regulations adopted pursuant to this paragraph shall
include a provision authorizing the State Department of Public Health
to enter into an agreement with the grantee that recovers the funds
that would authorize the expenditure of the recovered funds to
implement ongoing treatment and remediation activities in accordance
with the purposes for which funds may be granted pursuant to Section
75025.
(b) (1) There is hereby established the Groundwater Contamination
Prevention Account in the State Treasury. The State Department of
Public Health shall deposit all funds recovered from responsible
parties pursuant to Section 75025 in the Groundwater Contamination
Prevention Account. The funds in the account are hereby continuously
appropriated to the State Department of Public Health for purposes of
implementing Section 75025, as specified in this section.
(2) The State Department of Public Health may expend up to 3
percent of the recovered funds deposited in the Groundwater
Contamination Prevention Account to pay for the oversight costs of
the State Department of Public Health to ensure the grantee expends
the recovered funds on additional groundwater cleanup activities in
furtherance of the purposes of Section 75025.
(c) As an alternative to expending funds to oversee grantees, as
described in paragraph (2) of subdivision (b), the State Department
of Public Health and the Department of Toxic Substances Control may
enter into a memorandum of understanding that would do either of the
following:
(1) Authorize the Department of Toxic Substances Control to
provide the oversight activities described in paragraph (2) of
subdivision (b) in lieu of the State Department of Public Health.
(2) Transfer recovered funds from the Groundwater Contamination
Prevention Account to the Site Remediation Account established
pursuant to Section 25337 of the Health and Safety Code.
(d) Any funds transferred from the Groundwater Contamination
Prevention Account to the Site Remediation Account pursuant to
paragraph (2) of subdivision (c) are hereby appropriated therefrom to
the Department of Toxic Substances Control for purposes of
implementing an agreement with a grantee pursuant to the regulations
adopted pursuant to subparagraph (C) of paragraph (2) of subdivision
(a).
(e) For the purposes of implementing subdivision (a) of Section
75050, the Department of Fish and Game, when funding a natural
community conservation plan, shall fund only the development of a
natural community conservation plan that is consistent with the
Natural Community Conservation Planning Act (Chapter 10 (commencing
with Section 2800) of Division 3 of the Fish and Game Code).
(f) The San Francisco Bay Area Conservancy may use the funds made
available pursuant to subdivision (c) of Section 75060 to restore the
salt ponds in the south San Francisco Bay and to create trails and
visitor facilities for public use in that area.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to allow a grantee conducting groundwater cleanup
activities to continue those activities, thereby better protecting
public health and safety and the environment, it is necessary that
this act take effect immediately.
