CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1879Introduced by Assembly Member MathisFebruary 08, 2022 An act to add Section 13228.20 to the Water Code, relating to water quality. LEGISLATIVE COUNSEL'S DIGESTAB 1879, as introduced, Mathis. California regional water quality control boards: investigations.Under existing law, the State Water Resources Control Board and the California regional water quality control boards implement the Federal Water Pollution Control Act and the Porter-Cologne Water Quality Control Act by prescribing waste discharge requirements for discharges to the waters of the state, as specified. Existing law authorizes the state board and the regional boards to hold hearings necessary for carrying out their duties, as specified.This bill would authorize a regional board to decline to investigate one or more complaints if the regional board determines, after an initial investigation, that repeated demands for subsequent investigations regarding a matter that is within the jurisdiction of the regional board are not warranted. If the regional board determines a demand or complaint is not warranted, the bill would require the regional board to notify the complainant and the subject of the complaint, as specified, of that determination and the decision to decline to investigate. If demands for investigations or complaints alleging violations regarding matters that are within the jurisdiction of the regional board persist, the bill would authorize the regional board to investigate the accused agency, business, or other entity not more than once per quarter and up to 4 times per calendar year.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares that the objective of this act is to grant each California regional water quality control board the authority and discretion to determine if repeat demands for investigations or complaints are genuine or harassment.SEC. 2. Section 13228.20 is added to the Water Code, to read:13228.20. (a) If a regional board determines, after an initial investigation, that repeated demands for subsequent investigations regarding a matter that is within the jurisdiction of the regional board are not warranted, the regional board may decline to investigate one or more complaints.(b) If the regional board determines a demand or complaint is not warranted, the regional board shall notify the complainant and the subject of the complaint, by letter, within 30 calendar days of the receipt of the initial demand or complaint, of that determination and the decision to decline to investigate. If demands for investigations or complaints alleging violations regarding matters that are within the jurisdiction of the regional board persist, the regional board may investigate the accused agency, business, or other entity not more than once per quarter and up to four times per calendar year.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1879Introduced by Assembly Member MathisFebruary 08, 2022 An act to add Section 13228.20 to the Water Code, relating to water quality. LEGISLATIVE COUNSEL'S DIGESTAB 1879, as introduced, Mathis. California regional water quality control boards: investigations.Under existing law, the State Water Resources Control Board and the California regional water quality control boards implement the Federal Water Pollution Control Act and the Porter-Cologne Water Quality Control Act by prescribing waste discharge requirements for discharges to the waters of the state, as specified. Existing law authorizes the state board and the regional boards to hold hearings necessary for carrying out their duties, as specified.This bill would authorize a regional board to decline to investigate one or more complaints if the regional board determines, after an initial investigation, that repeated demands for subsequent investigations regarding a matter that is within the jurisdiction of the regional board are not warranted. If the regional board determines a demand or complaint is not warranted, the bill would require the regional board to notify the complainant and the subject of the complaint, as specified, of that determination and the decision to decline to investigate. If demands for investigations or complaints alleging violations regarding matters that are within the jurisdiction of the regional board persist, the bill would authorize the regional board to investigate the accused agency, business, or other entity not more than once per quarter and up to 4 times per calendar year.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1879
Introduced by Assembly Member MathisFebruary 08, 2022
Introduced by Assembly Member Mathis
February 08, 2022
An act to add Section 13228.20 to the Water Code, relating to water quality.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1879, as introduced, Mathis. California regional water quality control boards: investigations.
Under existing law, the State Water Resources Control Board and the California regional water quality control boards implement the Federal Water Pollution Control Act and the Porter-Cologne Water Quality Control Act by prescribing waste discharge requirements for discharges to the waters of the state, as specified. Existing law authorizes the state board and the regional boards to hold hearings necessary for carrying out their duties, as specified.This bill would authorize a regional board to decline to investigate one or more complaints if the regional board determines, after an initial investigation, that repeated demands for subsequent investigations regarding a matter that is within the jurisdiction of the regional board are not warranted. If the regional board determines a demand or complaint is not warranted, the bill would require the regional board to notify the complainant and the subject of the complaint, as specified, of that determination and the decision to decline to investigate. If demands for investigations or complaints alleging violations regarding matters that are within the jurisdiction of the regional board persist, the bill would authorize the regional board to investigate the accused agency, business, or other entity not more than once per quarter and up to 4 times per calendar year.
Under existing law, the State Water Resources Control Board and the California regional water quality control boards implement the Federal Water Pollution Control Act and the Porter-Cologne Water Quality Control Act by prescribing waste discharge requirements for discharges to the waters of the state, as specified. Existing law authorizes the state board and the regional boards to hold hearings necessary for carrying out their duties, as specified.
This bill would authorize a regional board to decline to investigate one or more complaints if the regional board determines, after an initial investigation, that repeated demands for subsequent investigations regarding a matter that is within the jurisdiction of the regional board are not warranted. If the regional board determines a demand or complaint is not warranted, the bill would require the regional board to notify the complainant and the subject of the complaint, as specified, of that determination and the decision to decline to investigate. If demands for investigations or complaints alleging violations regarding matters that are within the jurisdiction of the regional board persist, the bill would authorize the regional board to investigate the accused agency, business, or other entity not more than once per quarter and up to 4 times per calendar year.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares that the objective of this act is to grant each California regional water quality control board the authority and discretion to determine if repeat demands for investigations or complaints are genuine or harassment.SEC. 2. Section 13228.20 is added to the Water Code, to read:13228.20. (a) If a regional board determines, after an initial investigation, that repeated demands for subsequent investigations regarding a matter that is within the jurisdiction of the regional board are not warranted, the regional board may decline to investigate one or more complaints.(b) If the regional board determines a demand or complaint is not warranted, the regional board shall notify the complainant and the subject of the complaint, by letter, within 30 calendar days of the receipt of the initial demand or complaint, of that determination and the decision to decline to investigate. If demands for investigations or complaints alleging violations regarding matters that are within the jurisdiction of the regional board persist, the regional board may investigate the accused agency, business, or other entity not more than once per quarter and up to four times per calendar year.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares that the objective of this act is to grant each California regional water quality control board the authority and discretion to determine if repeat demands for investigations or complaints are genuine or harassment.
SECTION 1. The Legislature finds and declares that the objective of this act is to grant each California regional water quality control board the authority and discretion to determine if repeat demands for investigations or complaints are genuine or harassment.
SECTION 1. The Legislature finds and declares that the objective of this act is to grant each California regional water quality control board the authority and discretion to determine if repeat demands for investigations or complaints are genuine or harassment.
### SECTION 1.
SEC. 2. Section 13228.20 is added to the Water Code, to read:13228.20. (a) If a regional board determines, after an initial investigation, that repeated demands for subsequent investigations regarding a matter that is within the jurisdiction of the regional board are not warranted, the regional board may decline to investigate one or more complaints.(b) If the regional board determines a demand or complaint is not warranted, the regional board shall notify the complainant and the subject of the complaint, by letter, within 30 calendar days of the receipt of the initial demand or complaint, of that determination and the decision to decline to investigate. If demands for investigations or complaints alleging violations regarding matters that are within the jurisdiction of the regional board persist, the regional board may investigate the accused agency, business, or other entity not more than once per quarter and up to four times per calendar year.
SEC. 2. Section 13228.20 is added to the Water Code, to read:
### SEC. 2.
13228.20. (a) If a regional board determines, after an initial investigation, that repeated demands for subsequent investigations regarding a matter that is within the jurisdiction of the regional board are not warranted, the regional board may decline to investigate one or more complaints.(b) If the regional board determines a demand or complaint is not warranted, the regional board shall notify the complainant and the subject of the complaint, by letter, within 30 calendar days of the receipt of the initial demand or complaint, of that determination and the decision to decline to investigate. If demands for investigations or complaints alleging violations regarding matters that are within the jurisdiction of the regional board persist, the regional board may investigate the accused agency, business, or other entity not more than once per quarter and up to four times per calendar year.
13228.20. (a) If a regional board determines, after an initial investigation, that repeated demands for subsequent investigations regarding a matter that is within the jurisdiction of the regional board are not warranted, the regional board may decline to investigate one or more complaints.(b) If the regional board determines a demand or complaint is not warranted, the regional board shall notify the complainant and the subject of the complaint, by letter, within 30 calendar days of the receipt of the initial demand or complaint, of that determination and the decision to decline to investigate. If demands for investigations or complaints alleging violations regarding matters that are within the jurisdiction of the regional board persist, the regional board may investigate the accused agency, business, or other entity not more than once per quarter and up to four times per calendar year.
13228.20. (a) If a regional board determines, after an initial investigation, that repeated demands for subsequent investigations regarding a matter that is within the jurisdiction of the regional board are not warranted, the regional board may decline to investigate one or more complaints.(b) If the regional board determines a demand or complaint is not warranted, the regional board shall notify the complainant and the subject of the complaint, by letter, within 30 calendar days of the receipt of the initial demand or complaint, of that determination and the decision to decline to investigate. If demands for investigations or complaints alleging violations regarding matters that are within the jurisdiction of the regional board persist, the regional board may investigate the accused agency, business, or other entity not more than once per quarter and up to four times per calendar year.
13228.20. (a) If a regional board determines, after an initial investigation, that repeated demands for subsequent investigations regarding a matter that is within the jurisdiction of the regional board are not warranted, the regional board may decline to investigate one or more complaints.
(b) If the regional board determines a demand or complaint is not warranted, the regional board shall notify the complainant and the subject of the complaint, by letter, within 30 calendar days of the receipt of the initial demand or complaint, of that determination and the decision to decline to investigate. If demands for investigations or complaints alleging violations regarding matters that are within the jurisdiction of the regional board persist, the regional board may investigate the accused agency, business, or other entity not more than once per quarter and up to four times per calendar year.