A Legislative Update: From Debbie Poochigian

A Legislative Update:
From Debbie Poochigian

Since early 2009, three bills have been introduced in Sacramento to address the proposed regulations to implement AB 885, On-Site Wastewater Treatment Systems. I have been monitoring the legislative activity and other efforts to address the criticisms and concerns voiced during the public comment meetings. I am pleased to send the following information to bring you up-to-date with what has been happening.

Three Assembly Bills were slated to be introduced. The first, Assembly Bill 268 had proposed to repeal the provisions of law established by AB 885. It failed passage. The second, Assembly Bill 916, intended to require the State Water Resources Control Board (SWRCB) to adopt “recommended standards” as opposed to regulations – a distinction of disputed effect – was withdrawn prior to the hearing. On April 14, 2009 the third bill, AB 580 unanimously passed the Assembly Environmental Safety and Toxic Material Committee and was slated for further review in the Assembly. Following some minor amendments, AB 580 gained passage in the Assembly and now serves as a placeholder in the event changes are needed in the statute to accommodate a regulatory package if an agreement is reached.

Recently, a written summary provided by the Regional Council of Rural Counties, an organization of locally elected Supervisors from 30 rural California counties has been received and offers the following current status of the “revised” AB 885 implementation process:

“In response to overwhelming criticism of the proposed AB 885 regulations that were issued in November 2008, the State Water Resources Control Board (SWRCB) initiated a new regulatory development process to consider alternative approaches to comply with the AB 885 statute concerning the control of discharges from on-site wastewater treatment systems (OWTS).

As part of this new process, SWRCB staff have held several meetings with the Regional Council of Rural Counties (RCRC) and others in an effort to craft a revised framework that will be responsive to statutory requirements while addressing cost and other concerns raised previously during the public hearing process. While all discussions with the SWRCB have been conceptual in nature, no specific requirements have yet been proposed.

Generally speaking, the SWRCB continues to move forward with the development of a three-tier approach to the OWTS regulations and, along with this approach, SWRCB staff seems to be making a reasonable effort to address many of RCRC’s concerns by providing for more local control than was previously proposed. However, it is still too early in the new process to assess the degree to which any revised proposal will, in fact, be considered acceptable to member counties.”

Additionally, “SWRCB staff indicates that they hope to have a detailed “outline” proposal put together by the end of the summer and they hope to have a more complete draft regulatory proposal in place by the end of 2009. Until these documents are drafted, it is difficult to forecast how the revised regulatory proposal will impact local government and property owners in rural counties.”

Spurred by concerns expressed by citizens all over California about the economic burdens of AB 885 and doubts about its necessity as a statute with statewide application, a number of legislators and organizations are actively pursuing reforms to regulations. While such efforts are welcome, I believe it would be preferable to repeal or significantly revise the statute itself and assure that its proponents can justify a law that reflects sound science and common sense.