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AB-2318 State Water Pollution Cleanup and Abatement Account: receipts and expenditures: report.(2023-2024)

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Date Published: 09/30/2024 09:00 PM
AB2318:v96#DOCUMENT

Assembly Bill No. 2318
CHAPTER 957

An act to add Section 13444 to the Water Code, relating to water.

[ Approved by Governor  September 29, 2024. Filed with Secretary of State  September 29, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2318, Papan. State Water Pollution Cleanup and Abatement Account: receipts and expenditures: report.
Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the Porter-Cologne Water Quality Control Act and the federal National Pollutant Discharge Elimination System permit program established by the federal Clean Water Act. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region, as provided.
Existing law requires specified moneys to be paid into the State Water Pollution Cleanup and Abatement Account, which is established in the State Water Quality Control Fund, including, among other moneys, the proceeds of civil penalties for violations of certain waste discharge requirements. Existing law continuously appropriates moneys in the account for specified purposes, including, among others, the payment of grant moneys to eligible entities to assist in cleaning up a waste, abating the effects of a waste on waters of the state, or addressing an urgent drinking water need.
This bill would require the State Water Resources Control Board, no later than January 1 of each year, to post on its internet website a report describing the receipts and expenditures of the State Water Pollution Cleanup and Abatement Account, as provided. The bill would require the board to provide the initial report no later than January 1, 2026, and to include data for the period from July 1, 2017, to June 30, 2025, inclusive, in that report, as provided. The bill would require the board, no later than June 30, 2025, to separately account within the State Water Pollution Cleanup and Abatement Account all categories of receipts, including, among other categories, enforcement fines.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13444 is added to the Water Code, to read:

13444.
 (a) No later than January 1 of each year, the board shall post on its internet website a report describing the receipts and expenditures of the State Water Pollution Cleanup and Abatement Account for the most recent completed fiscal year.
(b) The board shall complete the initial report no later than January 1, 2026, and that report shall include, but not be limited to, the data required pursuant to subdivision (c) for the period from July 1, 2017, to June 30, 2025, inclusive.
(c) Each report completed pursuant to this section shall include, but not be limited to, the following:
(1) A list of applications that, for each application, contains the following:
(A) The amount of funds the application requested.
(B) The board’s decision on the application.
(C) The amount of funds granted to the applicant.
(D) A description of the project funded, if applicable.
(E) If the application was denied in whole or in part, the reasons for the denial or partial funding.
(2) (A) The total and individual amount of deposits to the State Water Pollution Cleanup and Abatement Account originating from enforcement fines.
(B) The total amount of funds diverted to supplemental environmental projects from enforcement fines that would otherwise be deposited into the State Water Pollution Cleanup and Abatement Account.
(3) The total amount of deposits to the account originating from each regional board and the total amount of grants provided to projects within each region.
(d) Commencing no later than June 30, 2025, the board shall separately account within the State Water Pollution Cleanup and Abatement Account all categories of receipts, which shall include, but not be limited to, all of the following categories:
(1) Enforcement fines.
(2) Cost recovery in accordance with Section 13365.
(3) Judicially approved settlements or judicial orders that include specified limitations on the use of the funds.