California Assembly Bill AB30 Amended / Bill

 BILL NUMBER: AB 30AMENDED BILL TEXT AMENDED IN ASSEMBLY JANUARY 24, 2013 INTRODUCED BY Assembly Member Perea DECEMBER 3, 2012 An act to amend Section 13477.6 of the Water Code, relating to water quality. LEGISLATIVE COUNSEL'S DIGEST AB 30, as amended, Perea. Water quality. Existing law, the Porter-Cologne Water Quality Control Act  (state act)  , establishes the State Water Pollution Control Revolving Fund program pursuant to which state and federal funds are continuously appropriated from the State Water Pollution Control Revolving Fund  (fund)  to the State Water Resources Control Board for loans and other financial assistance for the construction of publicly owned treatment works by a municipality, the implementation of a management program, the development and implementation of a conservation and management plan, and other related purposes in accordance with the  federal Clean Water   Federal Water Pollution Control  Act and the state act. Existing law authorizes the board, until 2014, to assess a specified annual charge in connection with any financial assistance made pursuant to the revolving fund program in lieu of interest that otherwise would be charged and requires the proceeds generated from the imposition of  the annual   that  charge  in lieu of interest  to be deposited in the State Water Pollution Control Revolving Fund Small Community Grant Fund (grant fund), along with any interest earned upon the moneys in the grant fund. Existing law provides that the  annual  charge  in lieu of interest  remain unchanged until 2014, at which time it will terminate and be replaced by an identical interest rate, and prohibits the deposit of more than $50,000,000 into the grant fund. Existing law authorizes the board to expend the moneys in the grant fund, upon appropriation by the Legislature, for grants for eligible projects under the revolving fund program that serve small communities, as defined. This bill would  eliminate the requirement that the charge remain unchanged until 2014 and instead would  authorize the board to assess the charge  in lieu of interest until 2019   without change unless the board determines that application of the charge is not consistent with federal requirements regarding the fund, at which time the board would be required to replace the charge with an identical interest rate. This bill would eliminate the prohibition on the deposit of more than $50,000,000 collected by the charge into the grant fund  . 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 13477.6 of the Water Code is amended to read: 13477.6. (a) The State Water Pollution Control Revolving Fund Small Community Grant Fund is hereby created in the State Treasury. (b) The following moneys shall be deposited in the grant fund: (1) Moneys transferred to the grant fund pursuant to subdivision (c). (2) Notwithstanding Section 16475 of the Government Code, any interest earned upon the moneys deposited in the grant fund. (c) (1) For any financing made pursuant to Section 13480, the board may assess an annual charge to be deposited in the grant fund in lieu of interest that would otherwise be charged.  (2) Any amounts collected under this subdivision shall be deposited in the grant fund, not more than fifty million dollars ($50,000,000) shall be deposited in the grant fund.   (3)  (2)     (A)    The charge authorized by this subdivision may be applied at any time during the term of the financing, and once applied, shall remain unchanged  until 2019, at which point it shall terminate and be replaced by an identical interest rate. The   unless the board makes the determination described in subparagraph (B).   (B) If the board determines that application of the charge is not consistent with federal requirements regarding the fund, the board shall cease the collection of the charge and shall replace the charge with an identical interest rate.   (3)     The  charge shall not increase the financing repayment amount as set forth in the terms and conditions imposed pursuant to this chapter. (d) (1) Moneys in the grant fund, upon appropriation by the Legislature to the board, may be expended, in accordance with this chapter, for grants for projects described in subdivision (a) of Section 13480 that serve small communities as defined in subdivision (a) of Section 30925 of the Public Resources Code. (2) For the purpose of approving grants, the board shall give priority to projects that serve severely disadvantaged communities.