California Assembly Bill AB916 Introduced / Bill

 BILL NUMBER: AB 916INTRODUCED 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.