Today's Law As Amended


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AB-377 Water quality: impaired waters.(2021-2022)



As Amends the Law Today


SECTION 1.

 Article 3.5 (commencing with Section 13150) is added to Chapter 3 of Division 7 of the Water Code, to read:

Article  3.5. State Waters Impairment
13150.
 (a) (1) By January 1, 2025, the state board and regional boards shall evaluate impaired state surface waters using the most current integrated report, and report to the Legislature, in compliance with Section 9795 of the Government Code, a plan to bring all water segments into attainment by January 1, 2050.
(2) The report prepared pursuant to paragraph (1) shall include existing total maximum daily load compliance schedules as of January 1, 2021. The report shall not extend any existing compliance schedules as of January 1, 2021.
(3) The state board and regional boards shall update every five years the report prepared pursuant to paragraph (1) with a progress summary to the Legislature in compliance with Section 9795 of the Government Code.
(4) The requirement for submitting progress summaries imposed under paragraph (3) is inoperative on January 1, 2050.
(b) (1) The Waterway Recovery Account is hereby created in the Waste Discharge Permit Fund. Moneys in the Waterway Recovery Account shall be available for the state board to expend, upon appropriation by the Legislature, to bring impaired water segments into attainment in accordance with the plan submitted pursuant to paragraph (1) of subdivision (a), subject to subdivision (c).
(2) (A) By January 1, 2026, subject to a future legislative act, 50 percent of the annual proceeds of the State Water Pollution Cleanup and Abatement Account shall be annually transferred to the Waterway Recovery Account.
(B) This paragraph shall become inoperative on January 1, 2051, or when all water segments are in attainment with water quality standards, whichever comes first.
(c) Moneys in the Waterway Recovery Account shall be expended by the state board, upon appropriation by the Legislature, to bring impaired waterways into attainment with water quality standards to the maximum extent possible. Moneys expended from the account shall address or prevent water quality impairments or address total maximum daily loads under the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.). Moneys in the account shall only be expended on the following:
(1) Restoration projects, including supplemental environmental projects, that improve water quality.
(2) Best management practice research innovation and incentives to encourage innovative best management practice implementation.
(3) Source control programs.
(4) Identifying nonfilers.
(5) Source identification of unknown sources of impairment.
(6) Competitive grants to fund projects and programs for municipal separate storm sewer system permit compliance requirements that would prevent or remediate pollutants, including zinc, caused by tires in the state. Priority shall be given to applicants that discharge to receiving waters with zinc levels that exceed the established total maximum daily loads and to projects that provide multiple benefits.
(7) Costs identified pursuant to subdivision (c) of Section 13329.
(d) The state board shall, upon appropriation by the Legislature, expend 5 percent of the annual proceeds of the State Water Pollution Cleanup and Abatement Account to fund the state board’s SWAMP - Clean Water Team Citizen Monitoring Program in order to inform the integrated report.
(e) For the purposes of this section, the following definitions apply:
(1) “Best management practice” means a practice or set of practices determined by the state board or a regional board for a designated area to be the most effective feasible means of preventing or reducing the generation of a specific type of nonpoint source pollution, given technological, institutional, environmental, and economic constraints.
(2) “Integrated report” means the state report that includes the list of impaired waters required pursuant to Section 303(d) of the federal Clean Water Act (33 U.S.C. Sec. 1313(d)) and the water quality assessment required pursuant to Section 305(b) of the federal Clean Water Act (33 U.S.C. Sec. 1315(b)).

SEC. 2.

 Section 13329 is added to the Water Code, immediately after Section 13328, to read:

13329.
 (a) (1) By January 1, 2023, the state board and regional boards shall prioritize enforcement of water quality standard violations pursuant to Chapter 12 (commencing with Section 1825) of Part 2 of Division 2 and Article 1 (commencing with Section 13300) that are causing or contributing to an exceedance of a water quality standard in a surface water of the state.
(2) An enforcement action taken shall result in sufficient penalties, conditions, and orders to ensure the person subject to the enforcement action is no longer causing or contributing to an exceedance of a water quality standard in a surface water of the state.
(3) A discharger shall remain liable for ongoing water quality violations until sampling demonstrates that the discharge is no longer causing or contributing to the exceedance in a surface water of the state.
(b) Penalties obtained pursuant this section shall be deposited into the Waterway Recovery Account created by Section 13150.
(c) (1) The state board and regional boards shall include in the penalty recovery all costs of investigation, enforcement, and attorney staff and other staff associated with preparing for or attending a hearing in an administrative enforcement action.
(2) Costs recovered pursuant to this section shall be available, upon appropriation by the Legislature, for the state board to expend only for additional enforcement pursuant to subdivision (a).