Amended IN Assembly April 18, 2022 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 amended, Mathis. California regional water quality control boards: investigations. investigations: vexatious complainants: civil fines.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 require, if a regional board determines a demand or complaint within the jurisdiction of the regional board 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. The bill would require a regional board to maintain records of all complainants and complaints filed for a period of 7 years. The bill would provide that if a complainant files 5 or more unfounded, as defined, or frivolous, as defined, complaints within 7 years, the complainant would be deemed vexatious and the regional board would be required to impose a civil fine of $1,000 for each additional unfounded or frivolous complaint filed thereafter. The bill would require those civil fines to be expended by the state board, upon appropriation by the Legislature, to clean up and abate the effects of waste on waters of the state, as described.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 1. 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 within the jurisdiction of the regional board 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.(b) A regional board shall maintain records of all complainants and complaints filed for a period of seven years. If a complainant files five or more unfounded or frivolous complaints within seven years, the complainant shall be deemed vexatious for purposes of this section. The regional board shall impose a civil fine on any person deemed vexatious in the amount of one thousand dollars ($1,000) for each additional unfounded or frivolous complaint filed after being deemed vexatious.(c) The civil fines described in this section shall be expended by the state board, upon appropriation by the Legislature, to assist regional boards and other public agencies with authority to clean up waste, or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state or for the purposes specified in Section 13443.(d) For purposes of this section, the following definitions apply:(1) Frivolous has the same meaning as defined in Section 128.5 of the Code of Civil Procedure.(2) Unfounded has the same meaning as defined in Section 832.5 of the Penal Code.
Amended IN Assembly April 18, 2022 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 amended, Mathis. California regional water quality control boards: investigations. investigations: vexatious complainants: civil fines.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 require, if a regional board determines a demand or complaint within the jurisdiction of the regional board 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. The bill would require a regional board to maintain records of all complainants and complaints filed for a period of 7 years. The bill would provide that if a complainant files 5 or more unfounded, as defined, or frivolous, as defined, complaints within 7 years, the complainant would be deemed vexatious and the regional board would be required to impose a civil fine of $1,000 for each additional unfounded or frivolous complaint filed thereafter. The bill would require those civil fines to be expended by the state board, upon appropriation by the Legislature, to clean up and abate the effects of waste on waters of the state, as described.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 18, 2022
Amended IN Assembly April 18, 2022
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 amended, Mathis. California regional water quality control boards: investigations. investigations: vexatious complainants: civil fines.
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 require, if a regional board determines a demand or complaint within the jurisdiction of the regional board 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. The bill would require a regional board to maintain records of all complainants and complaints filed for a period of 7 years. The bill would provide that if a complainant files 5 or more unfounded, as defined, or frivolous, as defined, complaints within 7 years, the complainant would be deemed vexatious and the regional board would be required to impose a civil fine of $1,000 for each additional unfounded or frivolous complaint filed thereafter. The bill would require those civil fines to be expended by the state board, upon appropriation by the Legislature, to clean up and abate the effects of waste on waters of the state, as described.
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 require, if a regional board determines a demand or complaint within the jurisdiction of the regional board 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. The bill would require a regional board to maintain records of all complainants and complaints filed for a period of 7 years. The bill would provide that if a complainant files 5 or more unfounded, as defined, or frivolous, as defined, complaints within 7 years, the complainant would be deemed vexatious and the regional board would be required to impose a civil fine of $1,000 for each additional unfounded or frivolous complaint filed thereafter. The bill would require those civil fines to be expended by the state board, upon appropriation by the Legislature, to clean up and abate the effects of waste on waters of the state, as described.
## 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 1. 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 within the jurisdiction of the regional board 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.(b) A regional board shall maintain records of all complainants and complaints filed for a period of seven years. If a complainant files five or more unfounded or frivolous complaints within seven years, the complainant shall be deemed vexatious for purposes of this section. The regional board shall impose a civil fine on any person deemed vexatious in the amount of one thousand dollars ($1,000) for each additional unfounded or frivolous complaint filed after being deemed vexatious.(c) The civil fines described in this section shall be expended by the state board, upon appropriation by the Legislature, to assist regional boards and other public agencies with authority to clean up waste, or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state or for the purposes specified in Section 13443.(d) For purposes of this section, the following definitions apply:(1) Frivolous has the same meaning as defined in Section 128.5 of the Code of Civil Procedure.(2) Unfounded has the same meaning as defined in Section 832.5 of the Penal Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
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 1. 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 within the jurisdiction of the regional board 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.(b) A regional board shall maintain records of all complainants and complaints filed for a period of seven years. If a complainant files five or more unfounded or frivolous complaints within seven years, the complainant shall be deemed vexatious for purposes of this section. The regional board shall impose a civil fine on any person deemed vexatious in the amount of one thousand dollars ($1,000) for each additional unfounded or frivolous complaint filed after being deemed vexatious.(c) The civil fines described in this section shall be expended by the state board, upon appropriation by the Legislature, to assist regional boards and other public agencies with authority to clean up waste, or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state or for the purposes specified in Section 13443.(d) For purposes of this section, the following definitions apply:(1) Frivolous has the same meaning as defined in Section 128.5 of the Code of Civil Procedure.(2) Unfounded has the same meaning as defined in Section 832.5 of the Penal Code.
SEC. 2.SECTION 1. Section 13228.20 is added to the Water Code, to read:
### SEC. 2.SECTION 1.
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 within the jurisdiction of the regional board 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.(b) A regional board shall maintain records of all complainants and complaints filed for a period of seven years. If a complainant files five or more unfounded or frivolous complaints within seven years, the complainant shall be deemed vexatious for purposes of this section. The regional board shall impose a civil fine on any person deemed vexatious in the amount of one thousand dollars ($1,000) for each additional unfounded or frivolous complaint filed after being deemed vexatious.(c) The civil fines described in this section shall be expended by the state board, upon appropriation by the Legislature, to assist regional boards and other public agencies with authority to clean up waste, or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state or for the purposes specified in Section 13443.(d) For purposes of this section, the following definitions apply:(1) Frivolous has the same meaning as defined in Section 128.5 of the Code of Civil Procedure.(2) Unfounded has the same meaning as defined in Section 832.5 of the Penal Code.
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 within the jurisdiction of the regional board 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.(b) A regional board shall maintain records of all complainants and complaints filed for a period of seven years. If a complainant files five or more unfounded or frivolous complaints within seven years, the complainant shall be deemed vexatious for purposes of this section. The regional board shall impose a civil fine on any person deemed vexatious in the amount of one thousand dollars ($1,000) for each additional unfounded or frivolous complaint filed after being deemed vexatious.(c) The civil fines described in this section shall be expended by the state board, upon appropriation by the Legislature, to assist regional boards and other public agencies with authority to clean up waste, or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state or for the purposes specified in Section 13443.(d) For purposes of this section, the following definitions apply:(1) Frivolous has the same meaning as defined in Section 128.5 of the Code of Civil Procedure.(2) Unfounded has the same meaning as defined in Section 832.5 of the Penal Code.
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 within the jurisdiction of the regional board 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.(b) A regional board shall maintain records of all complainants and complaints filed for a period of seven years. If a complainant files five or more unfounded or frivolous complaints within seven years, the complainant shall be deemed vexatious for purposes of this section. The regional board shall impose a civil fine on any person deemed vexatious in the amount of one thousand dollars ($1,000) for each additional unfounded or frivolous complaint filed after being deemed vexatious.(c) The civil fines described in this section shall be expended by the state board, upon appropriation by the Legislature, to assist regional boards and other public agencies with authority to clean up waste, or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state or for the purposes specified in Section 13443.(d) For purposes of this section, the following definitions apply:(1) Frivolous has the same meaning as defined in Section 128.5 of the Code of Civil Procedure.(2) Unfounded has the same meaning as defined in Section 832.5 of the Penal Code.
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 within the jurisdiction of the regional board 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.
(b) A regional board shall maintain records of all complainants and complaints filed for a period of seven years. If a complainant files five or more unfounded or frivolous complaints within seven years, the complainant shall be deemed vexatious for purposes of this section. The regional board shall impose a civil fine on any person deemed vexatious in the amount of one thousand dollars ($1,000) for each additional unfounded or frivolous complaint filed after being deemed vexatious.
(c) The civil fines described in this section shall be expended by the state board, upon appropriation by the Legislature, to assist regional boards and other public agencies with authority to clean up waste, or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state or for the purposes specified in Section 13443.
(d) For purposes of this section, the following definitions apply:
(1) Frivolous has the same meaning as defined in Section 128.5 of the Code of Civil Procedure.
(2) Unfounded has the same meaning as defined in Section 832.5 of the Penal Code.