Bill Text: CA SB413 | 2009-2010 | Regular Session | Amended

California Senate Bill 413 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Waste discharge requirements: fees.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB413 Detail]

Download: California-2009-SB413-Amended.html
BILL NUMBER: SB 413	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 20, 2009

INTRODUCED BY   Senator Ducheny

                        FEBRUARY 26, 2009

    An act to amend Sections 13201, 13205, and 13388 of, and
to add Section 13232 to, the Water Code, relating to water quality.
  An act to amend Section 13260 of the Water Code,
relating to water quality. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 413, as amended, Ducheny.  California regional water
quality control boards: membership and program withdrawal. 
 Waste discharge requirements: fees.  
   The Porter-Cologne Water Quality Control Act, with certain
exceptions, requires a waste discharger to pay an annual fee
established by the State Water Resources Control Board. The act
requires the total amount of fees collected to equal that amount
necessary to recover certain costs relating to the administration of
waste discharge requirements. Revenues generated by the imposition of
the fee are deposited in the Waste Discharge Permit Fund for
expenditure, upon appropriation by the Legislature, for specified
water quality purposes.  
   This bill, for the purpose of calculating the annual fee, would
specify that recoverable costs also include costs incurred by the
State Water Resources Control Board and the California regional water
quality control boards in the preparation of water quality control
plans, as specified.  
   (1) Under existing law, the State Water Resources Control Board
and the California regional water quality control boards prescribe
waste discharge requirements in accordance with the federal national
pollutant discharge elimination system (NPDES) permit program
established by the federal Clean Water Act, and the Porter-Cologne
Water Quality Control Act (Porter-Cologne). Existing law designates
the state board as the state water pollution control agency for all
purposes stated in the Clean Water Act and any other federal act.
Federal regulations provide for program revision and withdrawal and
the voluntary transfer of program responsibilities when a state
program no longer complies with the requirements of the Clean Water
Act and the state fails to take corrective action.  

   This bill would make legislative findings and declarations related
to the regional boards and their responsibilities under the Clean
Water Act and Porter-Cologne.  
   The bill would authorize the state board to order the commencement
of withdrawal proceedings with regard to a regional board's program
authority on the state board's own initiative or in response to a
petition from an interested person. If the state board concludes that
a regional board has substantially and continually failed to
administer water quality programs in conformity with the appropriate
acts and regulations, the state board would be required to list the
deficiencies in the program, and provide the regional board a
reasonable time to take corrective action. If the regional board
fails to take the appropriate corrective action within the prescribed
timeframe, the state board would be required to either withdraw the
regional board's program authority or set a schedule for review of
program authority after a probationary period. The bill would require
any withdrawal order to state whether the state board or another
regional board would become the implementing agency within the
jurisdiction of the former regional board.  
   (2) The Porter-Cologne establishes 9 regions for the purposes of
the act, each governed by a California regional water quality control
board comprised of 9 members appointed by the Governor, with
prescribed experience or associations. The act requires that each
regional board member represent and act on behalf of all the people
and reside or have a principal place of business within the region.
Under the act, if an appointment cannot be made for the county
government member because of a restriction under existing law on
income directly or indirectly from any person subject to waste
discharge requirements or applicants for waste discharge
requirements, the act authorizes the appointment of persons not
specifically associated with any category.  
   This bill would revise those provisions to establish regional
boards of 7 members, to be appointed by the Governor. Each member
would be required to be appointed on the basis of his or her
demonstrated interest and proven ability in the field of water
quality, including water pollution prevention, water pollution
control, and understanding of water pollution and related water
resource management problems in his or her region, and his or her
ability to attend substantially all meetings of the regional board,
and to actively discharge all duties and responsibilities of a member
of the regional board.  
   (3) Existing law provides that each member of a regional board
receive $100 for each day that member is engaged in the performance
of official duties, except as specified, and that the total
compensation received by members of each regional board not exceed,
in any one fiscal year, the sum of $13,500.  
   This bill would provide that each regional board member may
receive $500 for each day that member is engaged in the performance
of official duties. The bill would provide that the total
compensation received by a regional board member in any fiscal year
may not exceed $30,000.  
   (4) Existing law prohibits a person from being a member of the
state board or a regional board if that person receives, or has
received, during the previous 2 years a significant portion of his or
her income directly or indirectly from any person subject to waste
discharge requirements or applicants for waste discharge
requirements.  
   This bill would revise this provision with regard to regional
boards by specifying that no person shall be a regional board member
if that person receives, or has received, during the previous 2 years
a significant portion of his or her income directly or indirectly
from any person subject to waste discharge requirements, or
applicants for waste discharge requirements, associated with
discharges in that region. 
   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 13260 of the   Water
Code   is amended to read: 
   13260.  (a)  All   Each  of the
following persons shall file with the appropriate regional board a
report of the discharge, containing the information which may be
required by the regional board:
   (1) Any person discharging waste, or proposing to discharge waste,
within any region that could affect the quality of the waters of the
state, other than into a community sewer system.
   (2) Any person who is a citizen, domiciliary, or political agency
or entity of this state discharging waste, or proposing to discharge
waste, outside the boundaries of the state in a manner that could
affect the quality of the waters of the state within any region.
   (3) Any person operating, or proposing to construct, an injection
well.
   (b) No report of waste discharge need be filed pursuant to
subdivision (a) if the requirement is waived pursuant to Section
13269.
   (c)  Every   Each  person subject to
subdivision (a) shall file with the appropriate regional board a
report of waste discharge relative to any material change or proposed
change in the character, location, or volume of the discharge.
   (d) (1) (A) Each person who is subject to subdivision (a) or (c)
shall submit an annual fee according to a fee schedule established by
the state board.
   (B) The total amount of annual fees collected pursuant to this
section shall equal that amount necessary to recover costs incurred
in connection with the issuance, administration, reviewing,
monitoring, and enforcement of waste discharge requirements and
waivers of waste discharge requirements  , and the costs
described in clause (ii) of subparagraph (C)  .
   (C)  (i)    Recoverable costs may include, but
are not limited to, costs incurred in reviewing waste discharge
reports, prescribing terms of waste discharge requirements and
monitoring requirements, enforcing and evaluating compliance with
waste discharge requirements and waiver requirements, conducting
surface water and groundwater monitoring and modeling, analyzing
laboratory samples, and reviewing documents prepared for the purpose
of regulating the discharge of waste, and administrative costs
incurred in connection with carrying out these actions. 
   (ii) Recoverable costs may also include costs incurred in the
preparation of water quality control plans pursuant to Section 13170
or 13240. Any portion of the fee calculated to recover the costs
described in this clause shall be calculated in a manner that ensures
the feepayers are not paying disproportionately more than their
impacts or benefits justify. 
   (D) In establishing the amount of a fee that may be imposed on any
confined animal feeding and holding operation pursuant to this
section, including, but not limited to, any dairy farm, the state
board shall consider all of the following factors:
   (i) The size of the operation.
   (ii) Whether the operation has been issued a permit to operate
pursuant to Section 1342 of Title 33 of the United States Code.
   (iii) Any applicable waste discharge requirement or conditional
waiver of a waste discharge requirement.
   (iv) The type and amount of discharge from the operation.
   (v) The pricing mechanism of the commodity produced.
   (vi) Any compliance costs borne by the operation pursuant to state
and federal water quality regulations.
   (vii) Whether the operation participates in a quality assurance
program certified by a regional water quality control board, the
state board, or a federal water quality control agency.
   (2) (A) Subject to subparagraph (B), any fees collected pursuant
to this section shall be deposited in the Waste Discharge Permit
Fund, which is hereby created. The money in the fund is available for
expenditure by the state board, upon appropriation by the
Legislature, solely for the purposes of carrying out this division.
   (B) (i) Notwithstanding subparagraph (A), the fees collected
pursuant to this section from stormwater dischargers that are subject
to a general industrial or construction stormwater permit under the
national pollutant discharge elimination system (NPDES) shall be
separately accounted for in the Waste Discharge Permit Fund.
   (ii) Not less than 50 percent of the money in the Waste Discharge
Permit Fund that is separately accounted for pursuant to clause (i)
is available, upon appropriation by the Legislature, for expenditure
by the regional board with jurisdiction over the permitted industry
or construction site that generated the fee to carry out stormwater
programs in the region.
   (iii) Each regional board that receives money pursuant to clause
(ii) shall spend not less than 50 percent of that money solely on
stormwater inspection and regulatory compliance issues associated
with industrial and construction stormwater programs.
   (3) Any person who would be required to pay the annual fee
prescribed by paragraph (1) for waste discharge requirements
applicable to discharges of solid waste, as defined in Section 40191
of the Public Resources Code, at a waste management unit that is also
regulated under Division 30 (commencing with Section 40000) of the
Public Resources Code, shall be entitled to a waiver of the annual
fee for the discharge of solid waste at the waste management unit
imposed by paragraph (1) upon verification by the state board of
payment of the fee imposed by Section 48000 of the Public Resources
Code, and provided that the fee established pursuant to Section 48000
of the Public Resources Code generates revenues sufficient to fund
the programs specified in Section 48004 of the Public Resources Code
and the amount appropriated by the Legislature for those purposes is
not reduced.
   (e) Each person discharges waste in a manner regulated by this
section shall pay an annual fee to the state board. The state board
shall establish, by regulation, a timetable for the payment of the
annual fee. If the state board or a regional board determines that
the discharge will not affect, or have the potential to affect, the
quality of the waters of the state, all or part of the annual fee
shall be refunded.
   (f) (1) The state board shall adopt, by emergency regulations, a
schedule of fees authorized under subdivision (d). The total revenue
collected each year through annual fees shall be set at an amount
equal to the revenue levels set forth in the Budget Act for this
activity. The state board shall automatically adjust the annual fees
each fiscal year to conform with the revenue levels set forth in the
Budget Act for this activity. If the state board determines that the
revenue collected during the preceding year was greater than, or less
than, the revenue levels set forth in the Budget Act, the state
board may further adjust the annual fees to compensate for the over
and under collection of revenue.
   (2) The emergency regulations adopted pursuant to this
subdivision, any amendment thereto, or subsequent adjustments to the
annual fees, shall be adopted by the state board in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 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, 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, any emergency regulations adopted
by the state board, or adjustments to the annual fees made by the
state board pursuant to this section, shall not be subject to review
by the Office of Administrative Law and shall remain in effect until
revised by the state board.
   (g) The state board shall adopt regulations setting forth
reasonable time limits within which the regional board shall
determine the adequacy of a report of waste discharge submitted under
this section.
   (h) Each report submitted under this section shall be sworn to, or
submitted under penalty of perjury.
   (i) The regulations adopted by the state board pursuant to
subdivision (f) shall include a provision that annual fees shall not
be imposed on those who pay fees under the national pollutant
discharge elimination system until the time when those fees are again
due, at which time the fees shall become due on an annual basis.
   (j) Any person operating or proposing to construct an oil, gas, or
geothermal injection well subject to paragraph (3) of subdivision
(a), shall not be required to pay a fee pursuant to subdivision (d),
if the injection well is regulated by the Division of Oil and Gas of
the Department of Conservation, in lieu of the appropriate California
regional water quality control board, pursuant to the memorandum of
understanding, entered into between the state board and the
Department of Conservation on May 19, 1988. This subdivision shall
remain operative until the memorandum of understanding is revoked by
the state board or the Department of Conservation.
   (k) In addition to the report required by subdivision (a), before
any person discharges mining waste, the person shall first submit
both of the following to the regional board:
   (1) A report on the physical and chemical characteristics of the
waste that could affect its potential to cause pollution or
contamination. The report shall include the results of all tests
required by regulations adopted by the board, any test adopted by the
Department of Toxic Substances Control pursuant to Section 25141 of
the Health and Safety Code for extractable, persistent, and
bioaccumulative toxic substances in a waste or other material, and
any other tests that the state board or regional board may require,
including, but not limited to, tests needed to determine the
acid-generating potential of the mining waste or the extent to which
hazardous substances may persist in the waste after disposal.
   (2) A report that evaluates the potential of the discharge of the
mining waste to produce, over the long term, acid mine drainage, the
discharge or leaching of heavy metals, or the release of other
hazardous substances.
   () Except upon the written request of the regional board, a report
of waste discharge need not be filed pursuant to subdivision (a) or
(c) by a user of recycled water that is being supplied by a supplier
or distributor of recycled water for whom a master recycling permit
has been issued pursuant to Section 13523.1. All matter omitted in
this version of the bill appears in the bill as introduced in Senate,
February 26, 2009 (JR11)