Bill Text: CA AB916 | 2009-2010 | Regular Session | Introduced
Bill Title: Onsite sewage treatment systems: recommended standards.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB916 Detail]
Download: California-2009-AB916-Introduced.html
BILL NUMBER: AB 916 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Logue
FEBRUARY 26, 2009
An act to amend Sections 13291 and 13291.5 of the Water Code,
relating to water quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 916, as introduced, Logue. Onsite sewage treatment systems:
recommended standards.
Existing law, the Porter-Cologne Water Quality Control Act, on or
before January 1, 2004, requires the State Water Resources Control
Board, in consultation with other persons and entities, to adopt
regulations or standards for the permitting and operation of
specified onsite sewage treatment systems. The act requires the board
to apply those regulations or standards to those systems commencing
6 months after their adoption.
This bill, instead, would require the state board, in consultation
with other persons and entities, to adopt recommended standards for
the permitting and operation of those systems.
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 13291 of the Water Code is amended to read:
13291. (a) On or before January 1, 2004, the
The state board, in consultation with the State Department
of Health Services Public Health , the
California Coastal Commission, the California Conference of
Directors of Environmental Health, counties, cities, and other
interested parties, shall adopt regulations or
recommended standards for the permitting and operation of
all of the following onsite sewage treatment systems in the state
and shall apply those regulations or standards commencing
six months after their adoptions :
(1) Any system that is constructed or replaced.
(2) Any system that is subject to a major repair.
(3) Any system that pools or discharges to the surface.
(4) Any system that, in the judgment of a regional board or
authorized local agency, discharges waste that has the reasonable
potential to cause a violation of water quality objectives, or to
impair present or future beneficial uses of water, to cause
pollution, nuisance, or contamination of the waters of the state.
(b) Regulations or standards Recommended
standards adopted pursuant to subdivision (a) ,
shall include, but shall not be limited to, all of the
following:
(1) Minimum operating requirements that may include siting,
construction, and performance requirements.
(2) Requirements for onsite sewage treatment systems adjacent to
impaired waters identified pursuant to subdivision (d) of Section 303
of the Clean Water Act (33 U.S.C. Sec. 1313(d)).
(3) Requirements authorizing a qualified local agency to implement
those requirements adopted under this chapter within its
jurisdiction if that local agency requests that authorization.
(4) Requirements for corrective action when onsite sewage
treatment systems fail to meet the requirements or standards.
(5) Minimum requirements for monitoring used to determine system
or systems performance, if applicable.
(6) Exemption criteria to be established by regional boards.
(7) Requirements for determining a system that is subject to a
major repair, as provided in paragraph (2) of subdivision (a).
(c) This chapter does not diminish or otherwise affect the
authority of a local agency to carry out laws, other than this
chapter, that relate to onsite sewage treatment systems.
(d) This chapter does not preempt any regional board or local
agency from adopting or retaining standards for onsite sewage
treatment systems that are more protective of the public health or
the environment than this chapter.
(e) Each regional board shall incorporate the regulations
or recommended standards adopted pursuant to
subdivisions (a) and (b) into the appropriate regional water quality
control plans.
SEC. 2. Section 13291.5 of the Water Code is amended to read:
13291.5. It is the intent of the Legislature to assist private
property owners with existing onsite sewage treatment
systems who incur costs as a result of the implementation of the
regulations recommended standards
established under this section Section 13291
by encouraging the state board to make loans under Chapter 6.5
(commencing with Section 13475) to local agencies to assist private
property owners whose cost of compliance with these
regulations recommended standards exceeds
one-half of one percent of the current assessed value of the property
on which the onsite sewage system is located.
