Bill Text: CA AB964 | 2011-2012 | Regular Session | Introduced

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

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Bill Title: Water rights: appropriation.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2011-10-08 - Chaptered by Secretary of State - Chapter 579, Statutes of 2011. [AB964 Detail]

Download: California-2011-AB964-Introduced.html

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BILL NUMBER: AB 964	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman

                        FEBRUARY 18, 2011

   An act to amend Section 25507 of, and to add Section 5420 to, the
Health and Safety Code, and to add Sections 5898.15, 5898.23, and
5899.1 to the Streets and Highways Code, relating to environmental
protection.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 964, as introduced, Huffman. Environmental protection:
contamination.
   (1) Existing law prohibits the discharge of sewage or other waste,
or the effluent of treated sewage or other waste, in any manner that
will result in contamination, pollution, or a nuisance. Under
existing law, when the State Department of Public Health or any local
health officer finds that a contamination exists, the department or
officer is required to order the contamination abated, as provided.
   Under existing law, an owner or reputed owner of property included
within an assessment district for construction of a main trunkline
or collector sewer lines may request the governing board to construct
all necessary plumbing to connect his or her property to the
adjoining public sewer system, the cost of the which constitutes a
lien on the property.
   This bill would require the State Department of Public Health, in
consultation with local health officers, to adopt, by January 1,
2013, and to thereafter implement a 10-year plan for sewer upgrades,
including, but not limited to, onsite septic and sewer lateral
upgrades.
   (2) Existing law authorizes a legislative body of a public agency,
as defined, to determine that it would be convenient and
advantageous to designate an area within which authorized officials
and free and willing property owners may enter into contractual
assessments to finance the installation of distributed generation
renewable energy sources or energy or water efficiency improvements
that are permanently fixed to residential, commercial, industrial,
agricultural, or other real property.
   This bill would expand these provisions to include contractual
assessments to finance onsite sewer and septic improvements, as
defined. The bill would permit onsite sewer and septic improvements
to be installed to convert residential, commercial, industrial,
agricultural, or other real property from an onsite septic system to
community sewer collection service and to modify or replace existing
onsite sewer and septic improvements. The bill would also permit
these assessments to be used to replace or upgrade an existing septic
system if specified requirements are met. The bill would also
prohibit a public agency from permitting a property owner to
participate in a contractual assessment program if the total amount
of assessments and taxes on the property exceeds 5% of the property's
market value, as specified. The bill would require the preliminary
report issued in connection with the contractual assessment program
to include criteria for determining the underwriting requirements, as
well as safeguards to be used to limit the total annual property tax
and assessments on the property, as specified.
   (3) By requiring local public health officers to perform the
duties set forth in (1) above, this bill would impose a
state-mandated local program.
   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.  The Legislature finds and declares all of the
following:
   (a) The frequency and size of sewage spills of raw or partially
treated sewage is often a result of aging sewer systems and a lack of
maintenance on leaky and dilapidated infrastructure.
   (b) Sewage spills also occur due to rainstorms infiltrating and
overcoming poorly maintained or outdated systems.
   (c) Sewage spills cause significant economic damage; they cause
fishery closures, hurt the tourism industry, create unsafe swimming
conditions, result in closed beaches, and cost ratepayers millions of
dollars annually to abate and clean up.
   (d) Sewage spills result in significant contamination of the
environment. The state's waterways are part of critically important
ecosystems that support large numbers of birds, fish, and other
wildlife, including, but not limited to, many threatened and
endangered species. Sewage contamination threatens these ecosystems
when it escapes public sewer systems.
   (e) Public agencies are often challenged with the high cost of
maintenance and repair of sewer lines, and often have limited
authority over private sewer lines that feed into public sewer
systems.
   (f) Establishment of a 10-year plan to maintain and improve public
and private sewer infrastructure will help prevent sewage spills
caused by storm water intrusion into sewer collection systems.
  SEC. 2.  Section 5420 is added to the Health and Safety Code, to
read:
   5420.  (a) The department, in consultation with local health
officers, shall adopt, by January 1, 2013, and shall thereafter
implement a 10-year plan for sewer upgrades, including, but not
limited to, onsite septic and sewer lateral upgrades.
   (b) The plan shall include, but need not be limited to, all of the
following:
   (1) Stated goals for the prevention and elimination of sewage
spills caused by storm water intrusion.
   (2) Strategies for public outreach to private property owners to
make repairs to, or replacement of, as necessary, private sewers
laterals for the purpose of prevention or abatement of sewage
contamination. Outreach shall include, but shall not be limited to,
providing information about financing options. The information shall
address the possibility of loans or voluntary assessments between the
property owners and the agency.
   (3) Plans for managing and accounting for funding made available
to property owners for the purposes of lateral repairs or
replacements.
   (4) Commencing January 1, 2014, the department, in consultation
with local health officers, shall report to the California Regional
Water Quality Control Board, and to the regional boards, on the
progress of developing the 10-year plan.
  SEC. 3.  Section 25507 of the Health and Safety Code is amended to
read:
   25507.  (a) Except as provided in subdivision  (b)
  (c)  , the handler or any employee, authorized
representative, agent, or designee of a handler shall, upon
discovery, immediately report any release or threatened release of a
hazardous material to the administering agency, and to the agency, in
accordance with the regulations adopted pursuant to Section 25503.
Each handler and any employee, authorized representative, agent, or
designee of a handler shall provide all state, city, or county fire
or public health or safety personnel and emergency rescue personnel
with access to the handler's facilities. 
   (b) Any handler or employee, authorized representative, agent, or
designee of a handler that provides an initial immediate verbal
report of a release or threatened release pursuant to subdivision
(a), shall provide an immediate followup notification to the
administering agency and to the office if any of the following
conditions occur as a result of the release or threatened release
that were not included in the prior notifications:  
   (1) The specific name or identity of the hazardous material
released.  
   (2) The quantity of release is determined, or that the quantity
has increased from prior reports by more than 100 percent. 
   (3) An injury to one or more persons has been caused and requires
immediate attention.  
   (4) A death of one or more persons has been caused.  
   (5) A public safety action has been ordered by emergency rescue
personnel, including, but not limited to, evacuation or sheltering in
place.  
   (6) Environmental contamination that requires the deployment of
response equipment to contain or limit the spread of the hazardous
material.  
   (b) Subdivision (a) 
    (c)     This section  does not apply
to any person engaged in the transportation of a hazardous material
on a highway which is subject to, and in compliance with, the
requirements of Sections 2453 and 23112.5 of the Vehicle Code.
  SEC. 4.  Section 5898.15 is added to the Streets and Highways Code,
to read:
   5898.15.  (a) A public agency shall not permit a property owner to
participate in any program established pursuant to this chapter if
the owner's participation would result in the total amount of any
annual property taxes and assessments exceeding 5 percent of the
property's market value, as determined at the time of approval of the
owner's contractual assessment.
   (b) This chapter shall not be construed to void or otherwise
release a property owner from the contractual obligations incurred by
a contractual assessment on a property, particularly in the event
that the total amount of annual property taxes and assessments
exceeds 5 percent of a property's market value after the property
owner has entered into a contractual assessment pursuant to this
chapter.
  SEC. 5.  Section 5898.23 is added to the Streets and Highways Code,
to read:
   5898.23.  For purposes of the report required pursuant to Section
5898.22, the statement of public agency policies required pursuant to
subdivision (c) of that section shall also include a brief
description of criteria for determining the underwriting
requirements, as well as safeguards that will be used to ensure that
the total annual property tax and assessments on the property will
not exceed 5 percent of the property's market value, as determined at
the time of approval for the owner's contractual assessment.
  SEC. 6.  Section 5899.1 is added to the Streets and Highways Code,
to read:
   5899.1.  (a) The Legislature finds and declares all of the
following:
   (1) It is the intent of the Legislature to address water quality
needs throughout California by permitting voluntary individual sewer
and septic improvements that provide a public benefit. The
Legislature further intends that this chapter should be used to
finance the installation of onsite sewer and septic improvements that
are permanently fixed to residential, commercial, industrial,
agricultural, or other real property, for the installation of
improvements to, and replacements of, existing onsite sewer
facilities served by a community sewer system, a septic system, and
conversion of the property from a septic system to community sewer
collection and treatment service.
   (2) To improve the quality of surface water and groundwater,
necessary efforts include the promotion of onsite sewer and septic
improvements that provide a public benefit in water quality
protection.
   (3) The up-front cost of converting residential, commercial,
industrial, agricultural, or other real property from an onsite
septic system to sewer collection service, updating an existing
septic system, or making needed improvements to, or replacements of,
existing sewer laterals, prevents many property owners from making
those improvements. To make those improvements more affordable and to
promote the installation of those improvements, it is necessary to
authorize an alternative procedure for authorizing assessments to
finance the cost of onsite sewer and septic improvements.
   (4) The Legislature declares that a public purpose will be served
by a voluntary contractual assessment program that provides the
legislative body of a public agency with the authority to finance the
installation of onsite sewer and septic improvements that are
permanently fixed to residential, commercial, industrial,
agricultural, or other real property.
   (b) For purposes of this section, the following terms shall have
the following meanings:
   (1) "Onsite sewer and septic improvements" means permanent sewer
and septic improvements fixed to real property that convey sewage
from the property's interior plumbing to the point of discharge into
the public agency's sewer facilities, and may include, but is not
limited to, pipes, pumps, other equipment, sewer laterals, septic
system abandonment, or one-time charges for sewage treatment capacity
associated with the improvements. Onsite sewer and septic
improvements may be installed for the following purposes:
   (A) To convert residential, commercial, industrial, agricultural,
or other real property from an onsite septic system to community
sewer collection service.
   (B) To modify or replace existing onsite sewer improvements.
   (2) "Onsite sewer and septic improvements" also means the
replacement of, or upgrade of, an existing septic system if all of
the following requirements are met:
   (A) The public agency determines that the building served by the
septic system is not within the range of service of an existing or
planned public sewer.
   (B) The replacement or upgrade of the existing septic system
satisfies all local requirements regarding pretreatment, effluent
meters or other devices to control solids releases, and emergency
capacity and malfunction alarming devices.
   (3) For the purpose of financing the installation of onsite sewer
and septic improvements, "public agency" means a city, county, city
and county, municipal utility district, community services district,
sanitary district, sanitation district, or water district, as defined
in Section 20200 of the Water Code. The definition of "city" in
Section 5005 shall not apply to this paragraph.
   (c) The legislative body of any public agency may designate an
area, in the manner provided pursuant to Section 5898.20, within
which authorized public agency officials and property owners may
enter into voluntary contractual assessments to finance the
installation of onsite sewer and septic improvements that are
permanently fixed to real property pursuant to this chapter.
   (d) For purposes of establishing a voluntary contractual
assessment program relating to onsite sewer and septic improvements,
the legislative body shall make the determinations required pursuant
to Section 5898.20 by adopting a resolution indicating its intention
to do so. The resolution of intention shall identify the kinds of
onsite sewer and septic improvements that may be financed and shall
include all of the information that is required pursuant to
subdivision (b) of Section 5898.20, including, but not limited to,
directing an appropriate public agency official to prepare a report
pursuant to Section 5898.22.
   (e) For purposes of the report required pursuant to Section
5898.22, relating to a voluntary contractual assessment program for
onsite sewer and septic improvements, the designated public agency
official shall satisfy the requirements of paragraph (1) of
subdivision (c) of Section 5898.22 by identifying the types of onsite
sewer and septic improvements that may be financed through the use
of contractual assessments.
   (f) Notwithstanding any other provision of this chapter, upon the
written consent of an authorized public agency official, the proposed
arrangements for financing the program pertaining to the
installation of onsite sewer and septic improvements that are
permanently fixed to real property may authorize the property owner
to purchase directly the related equipment and materials for the
installation of onsite sewer and septic improvements and to contract
directly for the installation of onsite sewer and septic improvements
that are permanently fixed to the property owner's residential,
commercial, industrial, agricultural, or other real property.
  SEC. 7.  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.