Amended IN Assembly April 21, 2022 Amended IN Assembly April 18, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1879Introduced by Assembly Member MathisFebruary 08, 2022An 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: vexatious complainants: civil fines. unfounded or frivolous complaints.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 require, if a regional board determines a demand or complaint within the jurisdiction of the regional board is not warranted, 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. 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.This bill would authorize a regional board to develop a plan or policy to address unfounded, as defined, or frivolous, as defined, complaints.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.Section 13228.20 is added to the Water Code, to read:13228.20.(a)If a 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.(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. SECTION 1. Section 13228.20 is added to the Water Code, to read:13228.20. (a) A regional board may develop a plan or policy to address unfounded or frivolous complaints.(d)(b) 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 21, 2022 Amended IN Assembly April 18, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1879Introduced by Assembly Member MathisFebruary 08, 2022An 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: vexatious complainants: civil fines. unfounded or frivolous complaints.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 require, if a regional board determines a demand or complaint within the jurisdiction of the regional board is not warranted, 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. 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.This bill would authorize a regional board to develop a plan or policy to address unfounded, as defined, or frivolous, as defined, complaints.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 21, 2022 Amended IN Assembly April 18, 2022
Amended IN Assembly April 21, 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: vexatious complainants: civil fines. unfounded or frivolous complaints.
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 require, if a regional board determines a demand or complaint within the jurisdiction of the regional board is not warranted, 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. 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.This bill would authorize a regional board to develop a plan or policy to address unfounded, as defined, or frivolous, as defined, complaints.
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 require, if a regional board determines a demand or complaint within the jurisdiction of the regional board is not warranted, 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. 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.
This bill would authorize a regional board to develop a plan or policy to address unfounded, as defined, or frivolous, as defined, complaints.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1.Section 13228.20 is added to the Water Code, to read:13228.20.(a)If a 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.(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. SECTION 1. Section 13228.20 is added to the Water Code, to read:13228.20. (a) A regional board may develop a plan or policy to address unfounded or frivolous complaints.(d)(b) 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:
(a)If a 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.
(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.
SECTION 1. Section 13228.20 is added to the Water Code, to read:13228.20. (a) A regional board may develop a plan or policy to address unfounded or frivolous complaints.(d)(b) 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.
SECTION 1. Section 13228.20 is added to the Water Code, to read:
### SECTION 1.
13228.20. (a) A regional board may develop a plan or policy to address unfounded or frivolous complaints.(d)(b) 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) A regional board may develop a plan or policy to address unfounded or frivolous complaints.(d)(b) 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) A regional board may develop a plan or policy to address unfounded or frivolous complaints.(d)(b) 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) A regional board may develop a plan or policy to address unfounded or frivolous complaints.(d)
13228.20. (a) A regional board may develop a plan or policy to address unfounded or frivolous complaints.
(d)
(b) 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.