December 1991 - Home Page | California State Water ... The following abbrievations are used...

December 1991

-

STATE WATER RESOURCES CONTROL BOARD

1991 LEGISLATIVE SUMMARY

TABLE OF CONTENTS

Section ~Legislative Index

Abbreviations . 1

2Aboveground Tanks

3Administration .

5Agricultural Drainage

6San Francisco Bay and Delta

7Hazardous Waste

Oceans/Bays 000000000000000000000'0' 0 0 0 0 0 0 0 0 00 0000000000000000000 12

Reclaimed Water 14

Reorganization 16

Sewage Treatment 17

Sol id Waste 18

Surface Impoundments 20

Underground Storage Tanks 21

Water Qual ity 23

Water Rights 26

Water Supply 29

********************

This 1991 Legislative Summary was prepared by OLPA. The summaryidentifies key State legislation introduced in 1991 which the StateWater Board followed.

lEGISLATIVE INDEX

ASSEMBLY

BillNumber Author Title ~AB 3AB 13AB 18AB 24AB 88AB 174AB 182AB 188AB 189AB 213AB 220AB 231AB 240AB 255AB 355AB 521AB 523AB 673AB 710AB 799AB 892AB 854AB 937AB 1049AB 1057AB 1059AB 1103AB 1122AB 1132AB 1205AB 1237AB 1359AB 1364AB 1380AB 1386AB 1388AB 1476AB 1519AB 1520AB 1605AB 1698AB 1699AB 1704AB 1731AB 1760AB 1800AB 1899AB 1954AB 2017

Reg i ona 1 government Reclaimed water State Water Board appropriation Water Recycling Bond Law of 1992 Administrative Procedures Act Nonpotable uses ~ Surface impoundments report Hazardous substance release loans Hazardous substance release handbook Mining waste Highway de i c i ng. Conjuct i ve use Hazardous and solid waste disposal: Indian country.

Groundwater management Fish habitat damages Main San Gabriel Basin Water Quality Authority San Gabriel Valley groundwater Water Recycling Act of 1991 State Water Board: Water Quality: Policies The California Water Plan Earth sci ence. Coastal resources Project site demograph i cs. Public utilities water service V au 1 ted UST exempt i on. San Francisco Bay dredging Coas ta 1 bays Cal-EPA .

Bay-Delta protection Water resources Reclaimed water Tank testers Diversion of water: minimum streamflow protection..

Environmental qual ity Fines and penalties Puente Hill s Landf ill. Solid waste landfills: inspection and enforcement..

Hazardous materials data management Solid waste landfills: source reduction Water transfers Reclaimed water UST Cleanup Fund Water planning UST v ar i ances Metall ic waste International border wastewater and toxic cleanup..

Used oi 1.. Unauthorized re1eases. Unauthorized diversion or use

16143

14231420

778

2326

7292324241424298

128

242112121665

152126252518188

18261521292118.9

92127

BrownKelleySherFilanteKelleyKelleyTannerTannerTannerTannerHauserCostaPeaceCostaHauserTannerTannerCorteseCostaCorteseTannerLempertRoybal-AllardMurraySherSherBatesSherCampbellCostaKatzCorteseCorteseSherCorteseHorcherEastinLeeSherCostaFilanteKelleyEastinSherEastinPeaceFrizelleBecerraKelley

-;-

Legislative IndexPage 2

ASSEMBLY (continued)

BillNumber- Author Title ~AB 2024AB 2035AB 2060AB 2061AB 2090AB 2178AB 2111AB 2252ABX 8ABX 9ABX 10ABX 15ABX 16ACA 3ACA 21

Clean Water Bond Law of 1992 Enforcement author i ty. Regulations .

Regulations .

Water transfers Unused latex paint Desal ination Wastewater .

Water appropriation Water transfers Water transfers Reclamation projects: emergencyassistance Water resources State-mandated local programs Water resources development

172733

279

2915303027153034

c

CostaKelleyPolancoPolancoKatzBrultePolancoFelandoKatzCorteseCostaKelleyMaysMcClintockKnowles

SENATE

58 4858 4958 5158 5258 6958 7958 8458 17258 18158 25158 30158 43458 54558 59658 61258 68558 79758 85358 22958 2207

Railroad accidents and spills Aboveground tank fee Pollution Prevention Act of 1991 San Gabriel Basin Water Authority San Francisco Bay water quality San Francisco Bay water flows Volatile organic compounds State boards and commissions Fines and penalties: discharges into state waters..

Pollution Prevention Act of 1991 Point of diversion or place of purpose of use Planni ng. Solid waste disposal sites Low-level radioactive waste Environmental impact reports Solid waste assessment test fees San Francisco Bay regional growth management UST Cleanup Fund fee Water meters Desal ination

102

16101313104

191128171911281916223030

(

ThompsonTorresTorresTorresKoppAyalaTorresWatsonHartRobertiAyalaBergesonCalderonAlquistCalderonCalderonMorganKeeneBoatwrightPolanco

',,-.

-ii-

ABBREVIATIOBS

The following abbrievations are used throughout this legislativesummary:

ARBBOCCal-EPADFGDOCDOTSCDHSDWRCEQAEPAIWMBNPDES

Regional Board

State Water BoardUST

Air Resources BoardBoard of ControlCalifornia Environmental Protection AgencyDepartment of Fish and GameDepartment of CommerceDepartment of Toxic Substances ControlDepartment of Health ServicesDepartment of Water ResourcesCalifornia Environmental Quality ActFederal Environmental Protection AgencyIntegrated Waste Management BoardNational Pollution Discharge EliminationSystemCalifornia Regional Water Quality ControlBoardState Water Resources Control BoardUnderground storage tank

ABACAACRAJRSBSCASCRSJR

Assembly BillAssembly Constitutional AmendmentAssembly Concurrent ResolutionAssembly Joint ResolutionSenate BillSenate Constitutional AmendmentSenate Concurrent ResolutionSenate Joint Resolution

-1-

ABOVEGROUND TANKS

SB 49TORRES

FEES

s U1-llw1AR y : Raises the fees to fund the aboveground petroleumstorage tank program, allows the Regional Boards toinspect a random sample instead of every tank, andadds the definition of petroleum as that used in theUST law. In addition, this measure requires storagestatements to include information about the totalstorage capacity of the facility and requires thetank monitoring program to be established within 360days after notification by a Regional Board.Lastly, this bill extends by one year the date areport is due to the Legislature.

Chapter 1128, Statutes of 1991

STATUS:-2-

ADHINISTRATION

AB 18SHER

STATE WATER RESOURCES CONTROL BOARD APPROPRIATION

SUMMARY: Amended the Budget Act of 1991 and transferred$18,367,000 from the Waste Discharge Permit Fund tothe General Fund for support of the State WaterBoard and the Regional Boards.


STATUS:

AB 2060POLANCO

GOiVERNHENTAL REGULA'!'IOBS

SUMMARY: Would require state agencies and air pollutiondistricts to adopt rules and regulations to grantvariances and to adopt a variance process so anindividual or private entity may apply for relieffrom regulations adopted by that governmentalagency.

Assembly Ways and Means Committee

STATUS:

AB 2061POLANCO

REGULATIONS

Requires state agencies proposing to adopt or amendany regulation to consider the potential for adverseeconomic impact on California small businesses andindividuals.

SUMMARY:

STATUS:


ACA3MCCLINTOCK

STATE-MANDATED LOCAL PROGRAMS

SUMMARY: Would provide that whenever the Legislature or anystate agency mandates any new program or higherlevel of service on any local government, the Statewould be required to provide a subvention of fundsto pay the local government for the increased cost.This measure would further provide that no statute,other than certain specified statutes, and noexecutive order or regulation, which mandates a newprogram or higher level of service on localgovernment would become law unless the Commissionon State Mandates makes specified determinations.This measure would make numerous similar changes.:

Assembly Committee on Local Government

STATUS:-3-

ACA 21KNOWLES

WATER RESOURCES DEVELOPMENT

s U1-n.IAR y : Would prohibit the Legislature from amendj.ng orrepealing any of the county of origin, wa1:ershedprotection and Delta protection provisions of theWater Code unless the statute is passed in eachhouse by a 2/3 vote.

STATUS:

Assembly Committee on Water, Parks & Wildlife

SB 172WATSON

STATE BOARDS AHD COMMISSIONS: COMPOSITION

SUMMARY: Would make legislative findings concerning the needto remedy the underrepresentation of women and otherunderrepresented groups on state boards andcommissions.

[

STATUS:

Vetoed

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-4-

AGRICUL~ DRAINAGE

AB 1205COSTA

WATER RESOURCES

SUMMARY: Appropriates funds authorizing the State Water Boardto make loans from the Agricultural Drainage WaterAccount in the 1986 Water Conservation Fund to theSanta Ana watershed project, the City of Sanger, andthe Eastern Municipal Water District to aid in theconstruction of drainage water management units andfor related feasibility studies. Specifies thatcertain revenue transfers may be made afteradditional allocations are made.


STATUS:

-5-

~ FRUCISCO BAY AND D~TA

AB 1132CAMPBELL

BAY -DELTA ESTUARY PROTECTION

SUMMARY: Would declare that the policy of the State is toprotect and preserve all reasonable and beneficialuses of the San Francisco Bay/Sacramento-San JoaquinDelta estuary and any tributaries of the estuary andto operate the State Water Project to mitigate thenegative impacts on the estuary from the operationof the project; and would require the DWR, indetermining the availability of water for exportfrom the estuary, to ensure that the project isoperated to protect all reasonable and beneficialuses.

STATUS:

Assembly Committee on Ways and Means

-6-

HAZARDOUS WASTE

AB 188TANNER

HAZARDOUS SUBSTANCES RELEASES: LOANS

SUMMARY: Would require the DOC to conduct a loan program toassist persons in financing all actions necessary tocarry out an enforceable agreement with the DHS.The bill would impose eligibility requirements forreceiving the loan and would specify requirementsconcerning the loan, (i.e., payment, amount andinterest rate).

STATUS:

Assembly Committee on Environmental Safety

AB 189TANNER

HAZARDOUS SUBSTANCE RELEASES TECHNICAL HANDBOOK

SUMMARY: Would require the DHS and the State Water Board toeach develop, by July 1, 1992, policies andprocedures to be used by each in overseeing theinvestigation of, and cleaning up or abating theeffects of, discharges of a hazardous substance, inthe case of the State Water Board and in the case ofthe DHS in overseeing the investigation and takingor removal and remedial actions at hazardoussubstance release sites.

STATUS:


AB 240PEACE

HAZARDOUS AND SOLID WASTE DISPOSAL: INDIAN COUNTRY

SUMMARY: Allows the Secretary of the Cal-EPA to enter intocooperative agreements with Native American Indiantribes proposing to construct a hazardous or solidwaste disposal facility.

STATUS:


-7-

AB 892TANNER

EARTH SCIENCE: HYDROLOOISTS AND HYDROGEOLOGISTS

SUMMARY: Would change the Board of Registration forGeologists and Geophysicists to the Board ofRegistration for Earth Scientists and would providefor the registration of hydrologists andhydrogeologists. This bill would prohibit anyperson other than a registered hydrologistor hydrogeologist to use the title registered orprofessional hydrologist or hydrogeologist.

STATUS: Senate Committee on Business and- Professions

AB 937ROYBAL-ALLARD

TOXI C DEVELOPHENTS: PROJECT SITE DEHOGRAPHICS

cSUMMARY: Would prohibit the approval of a permit for apotentially high-impact development project,unless the application includes a description ofthe project site demographics. The bill wouldprohibit a public agency from accepting as completean application for toxic development projects unlessthe applications include a description of theproject site demographics.

STATUS:

Vetoed

tAB 213TANNER.

HAZARDOUS WASTES: HINING WASTES

SUMMARY: Would redefine mining wastes to deletethe reference to natural materials and woulddefine the term minerals with reference to thedefinition in the provisions regulating geology,mines, and mining.

STATUS:


AB 1519LEE

HAZARDOUS :MATERIALS: DATA KARAG EHEN'l'

SUMMARY: Would require Cal-EPA, in cooperation with eachstate and local agency which collects hazardousmaterials data, to establish systems and proceduresfor collecting, storing, and distributing hazardousmaterials data to the public and among state andlocal agencies, if the state or local agency is ableto comply with the request.

STATUS:

Senate Inactive Files

-8:-

WASTEWATER AND TOXICS CLEANUP: INTERNATIONAL BORDERAB 1800PEACE

Would authorize $150,000,000 in general obligationbonds to finance a wastewater and toxics cleanupprogram in the International Border Region.

SUMMARY:

Assembly Committ,ee on Banking, Finance and BondedIndebtedness

STATUS:

RECYCLABLE USED OILAB 1899FRIZZRLLE

SUMMARY: Revises the conditions under which used or spentetchants, stripping solutions, and plating solutionsare classified as recyclable materials to beregulated as hazardous waste. This bill excludesfrom regulation as waste a recyclable material whichis a fuel removed from a fuel tank and contaminatedor mixed with specified materials and transferred toa refinery for processing into fuel. The billallows used oil which fails to qualify for aspecified exemption to be managed as an exemptrecyclable material if the used oil is managedpursuant to Federal regulations.

Chapter 1173, Statutes of

STATUS:

mmSED LATEX PAINT: DISPOSALAB 2178BRULTE

SUMMARY: Defines the term recyclable latex paint andgenerally prohibits any unauthorized person fromdisposing of latex paint. Recyclable latex paintmay be accepted at any location under certainrequirements.


STATUS:

-9-

SB 48THOMPSON

RAILROAD ACCIDENTS: SPILLS

SUMMARY: This bill was in response to the July 14, 1991railroad derailment in Siskiyou County, nearDunsmuir, and the July 21, 1991 railroad derailmentin Ventura County. The bill created the RailroadAccident Prevention Immediate Deployment Force whichshall consist of representatives from the RegionalBoard, among others. This measure subjectsrailroads to a fee, revises the definition ofhazardous waste, requires a report on hazardousrailroad lines, requires the adoption of regulationsand creates the Railroad Accident Prevention andResponse Fund.

STATUS:


rSB 52TORRES

MAIN SAN GABRIEL BASIN WATER QUALITY AUTHORITY

SUMMARY: Would create the Main San Gabriel Basin WaterQuality Authority and would require the authority todevelop plans and undertake projects for theimprovement of water quality in the Main San GabrielBasin, to co~trol and remove toxic contaminants fromthe Basin, and to construct and operate watertreatment facilities which benefit the Basin.

STATUS:

~"Failed passage

SB 84'!'ORRES

HAZARDOUS WASTE FEES: VOLATILE ORGANIC COMPOUNDS

SUMMARY: Would require a generator of volatile organiccompounds to pay a surcharge on the fee to the BOCwhich would be at a rate set by the BOC to generate$20,000,000 per year. The bill would require thefees to be deposited in the Groundwater CleanupSubaccount of the Hazardous Substance Account. TheDHS would be authorized to expend the money in thesubaccount, upon appropriation by the Legislature,to cleanup or abate groundwater contaminated, orpotentially contaminated, with volatile organiccompounds.

STATUS:

Senate Committee on Appropriations

'",

-10-

SB 251ROBERTI

POLLUTION PREVENTION ACT OF 1991

SUMMARY Would require specified persons to submit certaindata to Cal-EPA, Office of Pollution Prevention andwould authorize the Office to require industries tosubmit pollution prevention audits and plansidentifying measures that the industries would berequired to implement.

Senate Committee on Appropriations

STATUS:

SB 596ALQUIST

RADIOACTIVE LOW-LEVEL WASTE: COMPACT

SUMMARY: Would require that an action challenging any finalorder or decision of any state or local agencyregarding the site acquisition for, or the siting,construction, development, permitting, or leasingof, a low-level radioactive waste regional disposalfacility pursuant to the "Southwestern Low-levelRadioactive Waste Disposal Compact's" requirementsto be brought pursuant to the procedures forobtaining a writ of administrative mandamus. Thebill would also allow only the California SupremeCourt to hear the action.

STATUS: Senate Committee on Toxics and Public Safety

-11-

OCEANS/~

AB 854LEMPERT

COASTAL RESOURCES

SUMMARY: Would repeal and reenact the Coastal Resources andEnergy Assistance Act. The bill would authorize theSecretary of the Cal-EPA to award grants to coastalcounties and cities for activities related tooffshore development. The bill would authorize theSecretary to award grants for specified commercialfishing activities until January 1, 1996.

STATUS:

Senate Committee on Natural Resources and Wildlife

AB 1059SHER

SAN FRANCISCO BAY: DREDGING

SUMMARY: Requires the San Francisco Bay Conservation andDevelopment Commission to impose a user fee not toexceed $.10 per cubic yard of material upon anypublic agency or person who proposes to dredgematerial from, or dispose of dredged material in,the San Francisco Bay. The bill would also requirethe Commission to cooperate with the State WaterBoard,

among others, in developing a strategy foraddressing dredging in the San Francisco Bay.

STATUS:


AB 1103BATES

WATER QUALITY: COASTAL BAYS

SUMMARY: Would require the Regional Boards for the NorthCoast, San Francisco Bay, Central Coast, LosAngeles, and San Diego regions to conductunannounced inspections of waste discharges thatrequire a NPDES program permit and which wouldaffect the quality of the waters of San FranciscoBay, Humboldt Bay, Tomales Bay, Monterey Bay, SantaMonaco Bay, or San Diego Bay. Major dischargerswould be inspected at least four times annually andother dischargers two times annually to determinecompliance with applicable requirements, and wouldprescribe related duties of the Regional Boards.

STATUS:

Senate Committee on Agriculture and Water Resources

-12-

5B 69KOPP

WATER QUALITY: SAN FRANCISCO BAY

SUMMARY: Would require the State Water Board, in anyspecified water rights proceedings, for theestablishment of salinity standards or flowrequirements applicable to the State Water Projector the Federal Central Valley Project, to includeindependent water quality objectives and waterrights permit terms and conditions specifically forprotection of the beneficial uses of the SanFrancisco Bay.

STATUS:

Senate Appropriations Committee

5B 79AYALA

WATER FLOWS: SAR FRANCISCO BAY -DELTA ESTUARY

fA,SUMMARY: Would prohibit the State Water Board, in

implementing water quality control plans orotherwise protecting public trust uses of theSan Francisco Bay/Sacramento-San Joaquin delta, fromimposing on existing water rights permits orlicenses new terms or conditions requiring deltaflows in excess of those in effect on January 1,1991.

STATUS:

Senate Inactive File

f

-13-

RECLAIMED WATER

AB 13KELLEY

RECLAnmD WATER

SUMMARY: Would provide that reclaimed water which meets safedrinking water standards is not waste water and maybe used within limits.

STATUS:

Assembly Committee on Water, Parks and Wildlife

AB 24F ILANTE

WATER RECYCLING BOND LAW OF 1992

SUMMARY: Would finance $200,000,000 in general obligationbonds for wastewater and toxic cleanup in theInternational Border region.

STATUS:

Assembly Floor

AB 174KELLEY

NONPOTABLE USES

SUMMARY: Would prohibit a person or public agency from usingpotable water for nonpotable uses, includingcemeteries, golf courses, parks, highway landscapedareas, and industrial and irrigation uses, ifreclaimed water is available.

STATUS:


AB 673CORTESE

WATER RECYCLING ACT OF 1991

SUMMARY: Establishes a statewide water recycling goal.bill would include the need to develop and userecycled water among the factors considered inestablishing water quality objectives.

The

STATUS:


-14-

AB 1237KATZ

RECLAIMED WATER

SUMMARY: Would declare that the use of potable domestic waterfor the landscaping of public properties is a wasteor an unreasonable use of water, and would prohibita person or public agency from using potable waterfor landscaping for public purposes, if reclaimedwater is available. This bill would require, that aperson who establishes a voluntary conservation oronsite water recycling system which achieves a 30percent reduction in water use, receive watercredits.

STATUS:


AB 1698FlLANTE

RECLAIMED WATER rSUMMARY: Declares that the use of potable domestic water for

toilet and urinal flushing in nonresidentialstructures is a waste or unreasonable use of waterand authorizes public agencies to require the use ofreclaimed water. The bill authorizes the DHS andthe State Water Board to charge fees for costsincurred. The bill exempts related activities fromthe CEQA.

STATUS: Chapter 723, Statutes of 1991 ~

i\.

AB 2252FELAN])()

WASTEWATER

SUMMARY: Would require any person or entity that holds aNPDES permit to make wastewater available forreclamation uses.

STATUS:


.ABX 15KELLEY

RECLAMATION PROJECTS: mmRGENCY ASS I STANCE

SUMMARY: Authorizes the State Water Board to make loans andgrants to fund eligible water reclamation projects,in order to relieve emergency drought situations.The bill would appropriate $10,000,000 from theState General Fund to the State Water Board.

STATUS:

Assembly Floor

-15-

REORGANIZATION

AD3BROWN

REG I ONAL GOVERNM:EN"r

SUMMARY: Would create the State Growth Management Commission.The Office of Planning and Research- would prepare,adopt, and maintain a regional strategy, consistentwith the State Plan, and would address economicdevelopment, air and water quality, transportation,housing, urban form and regional capitalinfrastructure.

STATUS:

Senate Committee on Local Government

CALIFORNIA ENVIRONMENTAL PROTECTION AGENCYAB 1122SHER

SUMMARY: Creates the Cal-EPA and would include within thatagency the ARB, the IWMB, the State EnergyResources Conservation and Development Commission,the State Water Board, each Regional Board and theDOTSC, and would state these agencies' duties andfunctions, as specified.

STATUS:

Senate Committee on Governmental Organization

SB 51TORRES

POLLUTION PREVENTION ACT OF 1991

SUMMARY: Would make statutory changes necessary to conform tothe Governor's Reorganization Plan No.1 of 1991.The bill would transfer the duties vested in theSecretary of Cal-EPA under the plan relating to theOcean Resources Task Force and the Coastal Resourcesand Energy Assistance Act to the Secretary of theResources Agency.

STATUS:

Assembly Floor

SB 797MORGAN

SAN FRANCISCO BAY AREA: REGIONAL GROWTH HAHAGEMENT

SUMMARY: Would establish the San Francisco Bay Area RegionalCommission. The Commission would be required to

prepare and maintain a comprehensive regional plan.

STATUS:

Assembly Comrni ttee on Local Government

-16-

SEWAGE TREATMENT

AB 2024COSTA

CLEAN WATER BOND LAW OF 199 2

SUMMARY: Would authorize the issuance of $50,000 in generalobligation bonds to finance a water pollutioncontrol program.

STATUS:

Assembly Committee on Banking, Finance and BondedIndebtedness

SB 434BERGESON

PLANNING

SUMMARY: Would require any agency, department, constitutionalofficer, governmental entity, or other officer orentity of the state empowered to allocate fundsderived from bonds and other programs approved by oron behalf of the State to give a preference toprojects within development boundaries adopted byregional fiscal authorities formed pursuant to thisbill and an additional preference to projects insidea city or county whose general plan complies withspecified local planning requirements and isconsistent with the California growth managementpolicies.

These preferences would be applicableonly to applications for grants and loans fromspecified programs or for grants and loans forprojects from any other state program approved afterJanuary 1, 1992.

STATUS:

Assembly Committee on Local Government

-17-

SOLID WASTE

AB 1388HORCHER

PUENTE HILLS LANDFILL

SUMMARY: Would prohibit a local enforcement agency fromapproving a expansion of the Puente Hills landfill(Los Angeles County) before a public hearing is heldabout the distance between the outside perimeter ofthe disposal area and adjacent land uses.

STATUS:

Senate Inactive File

AB 1476EASTIN

SOLID WASTE LANDFILLS: INSPECTION AND ENFORCEMENT

SUMMARY: Authorizes the State Water Board to expend moniesapportioned by the IWMB for specified landfillregulatory programs and activities.

STATUS:


AB 1520SHER

SOLID WASTE LANDFILLS: SOURCE REDUCTION

SUMMARY: Delays until July 1, 1992, the termination date ofthe statutory definition of "solid waste" for sourcereduction purposes. This bill also requires thatbefore the IWMB may determine that the diversion ofsludge may be counted toward the diversionrequirements,

to make specified findings and toestablish specified monitoring requirements.

STATUS:


AB 1760EASTIN

METALLIC WASTE

SUMMARY: Prohibits a solid waste facility from accepting,after January I, 1994, for disposal any majorappliance, vehicle, or other metallic discard,(white good) which contain enough metal to beeconomically feasible to salvage as determined bythe solid waste facility operator.

STATUS:

Chapter 8~9, Statutes of 1991

-18-

SB 545CALDERON

SOLID WASTE DISPOSAL SITES

SUMMARY: Would require each county to notify the public onthe results of the Solid Waste Assessment Testreports and would also require each county toconduct a public hearing to obtain public opinion onthe results of the report.

STATUS: Senate Committee on Governmental Organization

5B 685CALDERON

SOLID WASTE ASSESSMENT TEST FEES

SUMMARY: Would require the State Water Board t9 adopt a feeschedule which assesses a fee on any owner oroperator of a solid waste disposal site who has notsubmitted a complete and correct solid waste waterquality assessment test to the Regional Board byJuly 1, 1991.

r~..

STATUS:

Assembly Committee on Natural Resources

SB 181HART

FINES AND PENALTIES: DISCHARGES INTO STATE WATERS

SUMMARY:

{

Makes any person convicted of permitting to passinto, or placing where it can pass into the watersof this State any petroleum, acid, coal or oil tar,lampblack, aniline, asphalt, bitumen, or residuaryproduct of petroleum, or carbonaceous material orsubstance, or any refuse, liquid or solid, from anyrefinery, gas home, tannery, distillery, chemicalworks, mill or factory subject to an additional fineof not more than $10 for each gallon or pound ofmaterial discharged, an amount equal to all actualdamages to fish, plant, bird, or animal life andhabitat, and an amount equal to the reasonable costsof cleanup and abatement.

.STATUS: Chapter 1193, Statutes of 1991

.~

-19-

SURFACE IMPOUNDMENTS

AB 182TANNER

SURFACE IMPOUNDMENTS REPORT

SUMMARY: Would delete 'the requirement that the State WaterBoard submit a report to the Legislature byJanuary 1, 1987, on applications for exemption underthe Toxic Pits Cleanup Act of 1984.


STATUS:

-20-

UNDERGROUND S'l'ORAG~ TANK§

AB 1057SHER

VAULTED UNDERGROUND STORAGE TANK EXEMPTION

SUMMARY: Extends the vaulted UST exemption from San DiegoCounty to all counties.

STATUS:


AB 1359CORTESE

TANK TESTERS

SUMMARY: Requires each applicant for a UST tester license topass the examination and would require an applicantto have either one year of experience personallytesting USTs or 6 months of experience in personallytesting USTs and completion of a course of study.

STATUS:


AB 1699KELLEY

UNDERGROUND STORAGE TANK CLEANUP FUND

SUMMARY: Defines residential UST for the UST Cleanup Fund andlimits third party claims.

STATUS:


AB 1731SHER

UNDERGROUND STORAGE TANK VARIANCES

SUMMARY: Deletes the provision allowing the granting ofcategorical variances.

STATUS:


AB 1954BECERRA

UNAUTHORI ZED RELEASES

SUMMARY: Specifies that an unauthorized release includes aspill or overfill of a hazardous substance thatoccurs while the hazardous substance is placed ina UST. The bill requires the person causingthe spill or overfill notify the UST operator.

STATUS:


-21-

SB 853KEENE

UNDERGROUND S'l'ORAGE TANK CLEANUP FUND FEE

Would allow a city, county, or local agency whichowns or operates an UST or a nonpetroleum marketerto elect not to pay the UST Cleanup Fund fee andtherefore would not be eligible to file a claim forreimbursement.

SUMMARY:

Senate Committee on Toxics and Public Safety

STATUS:

r

,.f"

.\

"'-

-22-

WATER QUALITY

AB 88KELLEY

ADMINISTRATIVE PROCEDURE ACT

SUMMARY: Would exempt from the requirements of theAdministrative Procedure Act, the adoption orrevision of State Policy for Water Quality Controland Water Quality Control Plans and Guidelines, theissuance of waste discharge requirements, andpermits, and waivers, and the issuance or waiver ofwater quality certifications, pursuant to specifiedprocedures.

The bill would require the State WaterBoard and the Regional Boards to provide notice tospecified persons and organizations, to preparewrit.ten responses to comments from the public, andto maintain an administrative record in connectionwith the adoption or revision of State policy forwater quality control and water quality controlplans and guidelines.

STATUS:


AB 220HAUSER

HIGHWAY DEICING

SUMMARY: The deicing of roadways with salt has causedenvironmental damage in the high mountain regions ofCalifornia with the most serious damage in the LakeTahoe Basin. This bill requires the Department ofTransportation, on or before July 1, 1992, to adoptand implement a State highway deicing policy andreport to the Legislature.

STATUS:


AB 355HAUSER

FISH HABITAT DAMAGES

SUMMARY: Would authorize the DFG to order responsible partiesto repair and restore all loss or impairment offishlife, shellfish, and their habitat. The billwould also authorize the DFG to use available fundsto repair and restore damaged fish and shellfishhabitat and to seek full remuneration for the costsof all repair and restoration incurred by DFG fromthose individuals or entities responsible for thedamage and destruction.

STATUS:

Assembly Committee on Water,' Parks and Wildlife

-23-

AB 521TANNER

HAIN SAN GABRIEL BASIN WATER QUALITY AUTHORITY

SUMMARY: Would create the Main San Gabriel Basin WaterQuality Authority to develop plans and undertakeprojects for the improvement of water quality in theMain San Gabriel Basin, to control and remove toxiccontaminants from the Basin, and to construct andoperate water treatment facilities which benefit theBasin.

STATUS:


AB 523TANNER

SAN GABRIEL VALLEY GROUNDWATER

SUMMARY: Would require the Watermaster for the Main SanGabriel Basin to collect and report well informationand water quantity and quality information fromground water pumpers, formulate and implement Basinoperating principles consistent with Federal andState plans and regulate existing and new wellinstallation, construction and modification and useto protect existing water quality by July 15, 1991.

STATUS:


AB 710COSTA

STATE WATER RESOURCES CONTROL BOARD:WATER QUALITY: POLICIES

SUMMARY: This bill would require the State Water Board tonotify the Regional Boards at least 65, rather than60, days in advance of a public hearing prior to itsadoption of a state policy for water qualitycontrol.

STATUS:


AB 1049HURRAY

PUBLIC UTILITIES: WATER SERVICE

SUMMARY: This bill would require everyone who sells, leases,rents, or delivers water to anyone else to report atleast annually, to its customers on the level ofcontaminants in drinking water which pose apotential risk to human health.

STATUS:

Senate Committee on Energy and Public Utilities

-24-

AB 1380SUER

ENVIRONMENTAL QUALITY

SUMMARY: Would prohibit a state agency from granting orwaiving a permit for an activity which may result indischarge into navigable waters without preparing orcausing to be prepared an environmental impactreport.

STATUS: Assembly Committee on Natural Resources

AB 1386CORTESE

FINES AND PENALTIES

SUMMARY: Makes persons who substantially diverts or obstructsthe natural .flow or substantially change the bed,channel, or bank of any river, stream or lakedesignated by the DFG or uses any material from thestreambeds, without first notifying the DFG of theactivity subject to a civil penalty of not more than$25,000 for each violation.

r

Chapter 844, Statutes of 1991STATUS:

~"

-25-

WATER RIGHTS

AB 231COSTA

CONJUCTIVE USE

SUMMARY: Would declare that when any holder of anappropriative right fails to use any part of thatwater as a result of conjuctive use of surface orground water involving the substitution of analternative supply for the unused portion of thesurface water, any cessation, or reduction in theuse of appropriated water deemed equivalent to areasonable beneficial use of the water. The billwould authorize substitution of an alternativesupply under certain requirements.

STATUS: Assembly Inactive File

AB 1364CORTESE

DIVERSION OF WATER: MINIMUM STREAMFLOW PROTECTION

SUMMARY: Would set additional requirements applicable to theState Water Board's approved changes in point ofdiversion, place or purpose of use (includingtransfers), concerning the screening of diversionsand instream flows.

STATUS:


AB 1605COSTA

WATER TRANSFERS

SUMMARY: Limits the water which may be subject to a leaseagreement. The lease requires the lessor, if thelessor or lessee is a water district or a company,to file a notice of the lease agreement with theState Water Board to give public notice. If thelessor and lessee are private parties they must filean application with the State Water Board and insome circumstances, pay a fee. This bill requiresany lease of water involving the transfer of waterfrom the Sacramento-San Joaquin Delta to provideoutflow for prescribed carriage water flows.

STATUS: Chapter 847, Statutes of 1991

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UNAUTHORI ZED DIVERSION OR USEAB 2017KELLEY

SUMMARY: Clarify's the State Water Board's authority toimpose administrative civil liabilities and wouldmodify the hearing requirement on a complaint issuedby the State Water Board.


STATUS:

ENFORCEMENT AU'rBORITYAB 2035KELLEY

SUMMARY: Would authorize the State Water Board to provideinterim and permanent relief in proceeding toenforce specified water rights and water qualitylaws. The bill would require the Attorney General,upon request by the State Water Board to petitionthe Superior Court for injuctive relief, if anywater diverter or user fails to comply with any partof an interim order.


STATUS:

WATER TRANSFERSAB 2090KATZ

Would authorize the State Water Board to approve awater transfer that temporarily changes the point ofdiversion, place or purpose of use if the changedoes not unreasonably affect the environment.Instead of not unreasonably affecting fish, wildlifeor other instream beneficial uses.

SUMMARY:;f;.


STATUS:

WATER TRANSFERSABX 10COSTA

.SUMMARY: Provides that no temporary water transfer madepursuant to any provision of law for drought reliefin calendar years 1991 and 1992 shall affect anywater rights. This bill sunsets on January 1, 1993.

"",-Chapter 2, Statutes of 1991STATUS:

i

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POINT OF DIVERSION OR PLACE OR PURPOSE OF USESB 301AYALA

SUMMARY: Establishes a voluntary water rights transferprocess for the preservation and enhancement of fishand wildlife resources, wetlands habitat orrecreation. This'measure also specifies that theDFG shall receive notice of, review and make arecommendation regarding proposed transfers.


STATUS:

ENVIRONMENTAL IMPACT REPORTSSB 612CALDERON

Would require environmental impact reports toinclude a detailed statements of the projectseffects on the area labor force.

SUMMARY:

Senate Committee on Governmental Organization

STATUS:

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WATER SUPPLY

AB 255COSTA

GROUNDWATER MANAGEMENT

SUMMARY: Authorizes any local agency whose jurisdictioninclude specified groundwater basins identified bythe DWR as being subject to critical conditions ofoverdraft and provides water service to establishprograms for the management of groundwater. Thebill authorizes the local agency to exercisespecified powers of a water replenishment districtand levy an assessment, if approved by the voters.

STATUS:


AB 799CORTESE

THE CALIFORNIA WATIm PLAN

SUMMARY: Requires the DWR to update the California Water Planevery five years and to report all changes to theLegislature.

This bill requires DWR to release apreliminary draft to interested parties for reviewand comments and requires either DWR or theCalifornia Water Commission to hold hearings.

STATUS:


AB 1704EASTIN

WATER PLANNING

SUMMARY: Would create the California Water Planning TaskForce to evaluate and solve California's major longterm water problems. The task force would includerepresentatives from the State Water Board and at.herinterested parties.

STATUS: Assembly Committee on Water, Parks and Wildlife

AB 2111POLANCO

DESALINATION

SUMMARY: Would aut~orize the owner or operator of aqualifying water facility to request a local wateragency to issue an order requiring the physicalconnection of any qualifying water facilitytreatments and transmission facilities of the localwater agency. This bill would prohibit a qualifyingwater facility from being found to be a public'utility solely because of this bill.

STATUS:

Vetoed

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ABX 8KATZ

WATER APPROPRIATION

SUMMARY:

L""

STATUS:


ABX 9CORTESE

WATER TRANSFERS

SUMMARY: Authorizes a water supplier to contract with theState Drought Water Bank or with others watersuppliers or users outside the service area of thesuppliers to transfer water made available fromspecified sources; authorizes the water suppliers toenter into these contracts in 1992 if approved bythe Director of the DWR; defines "water supplier".This bill sunsets on January 1, 1993.

r.STATUS:

ABX 16MAYS

WATER RESOURCES

SUMMARY: Exempts from specified time limits application toappropriate water, petitions for change of point ofdiversion, place or purpose of use, or petitions fora prescribed certification for project involving thediversion or use of water.

(

STATUS:

SB 229BOATWRIGHT

WATER METERS

SUMMARY:

STATUS:

';;,

Requires the installation of water meters on newpotable water service connection on or after January1, 1992. Prescribed community water systems andwells are exempt. This measure requires the metersto be in compliance with established standards andto be a specific type.


AB 2207POLANCO

DESALINATION

SUMMARY: Requires the DWR to provide assistance to persons "orentities seeking to construct desalinationfacilities for reducing the concentration inbrackish ground or sea water.

STATUS:


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December 1991 - Home Page | California State Water ... The following abbrievations are used...

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Transcript of December 1991 - Home Page | California State Water ... The following abbrievations are used...