California 2009-2010 Regular Session Status: To Executive

SB 1284 — Water quality: mandatory minimum civil penalties.

Last action — Chaptered by Secretary of State. Chapter 645, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with the federal Clean Water Act and the Porter-Cologne Water Quality Control Act (state act) . The state act, with certain exceptions, imposes a mandatory minimum penalty of $3,000 for each serious waste discharge violation or for certain other described violations if those violations occur 4 or more times in any period of 6 consecutive months, as prescribed. For purposes of the mandatory minimum penalty, a serious waste discharge violation includes a failure to file a specified discharge monitoring report for each complete period of 30 days following the deadline for submitting the report. Civil liability may be imposed administratively by the state board or a regional board, or those boards may request the Attorney General to petition the superior court to impose the liability. This bill would provide that a failure to file a discharge monitoring report is not a serious waste discharge violation if the discharger submits a specified statement to the state board or the regional board. The bill, until January 1, 2014, would require, with respect to certain violations involving the failure to file a discharge monitoring report, the mandatory minimum penalty of $3,000 to be assessed only for each required report that is not timely filed, and not for each 30-day period following the deadline for submitting the report. (2) The state act includes within the exceptions to the imposition of those mandatory minimum penalties a violation of an effluent limitation if the waste discharge complies with a certain time schedule order and other requirements are met. The act prohibits, for the purposes of that exception, a time schedule order from exceeding 5 years in length, except as otherwise provided. This bill, with a specified exception, would authorize a regional board, following a public hearing and upon a showing that the discharger is making diligent progress toward bringing the waste discharge into compliance with the effluent limitation, to extend the time schedule for an additional period not exceeding 5 years in length, under specified conditions.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 645, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 4 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 37. Noes 0. Page 4927.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 77. Noes 0. Page 6677.) To Senate.

  7. Assembly Rule 69(d) suspended. (Page 6463.)

  8. Read third time. Amended. (Page 6430.) To third reading.

  9. Read second time. To third reading.

  10. (Heard in committee August 12.)

  11. From committee: Do pass. (Ayes 17. Noes 0.)

  12. Set, first hearing. Referred to APPR. suspense file.

  13. (Heard in committee on June 29.)

  14. From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) Re-referred to Com. on APPR.

  15. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  16. (Heard in committee on June 15.)

  17. From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 9. Noes 0.) Re-referred to Com. on JUD.

  18. To Coms. on E.S. & T.M. and JUD.

  19. In Assembly. Read first time. Held at Desk.

  20. Read third time. Passed. (Ayes 31. Noes 0. Page 3784.) To Assembly.

  21. Read second time. Amended. To third reading.

  22. From committee: Do pass as amended. (Ayes 10. Noes 0. Page 3674.)

  23. (Suspense - for vote only.)

  24. Set for hearing May 27.

  25. Placed on APPR suspense file.

  26. Set for hearing May 10.

  27. Read second time. Amended. Re-referred to Com. on APPR.

  28. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3300.)

  29. Set for hearing April 19.

  30. To Com. on EQ.

  31. From print. May be acted upon on or after March 22.

  32. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Ducheny · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Ducheny

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB1284 Ducheny

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Democratic 2000
Republican 1000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Yea
Florez — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Oropeza — Not Voting
Ducheny — Yea
Ashburn — Yea
Blakeslee — Yea
Dutton — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Not Voting
Wright — Yea
Aanestad — Yea
Alquist — Yea
Liu — Yea
Simitian — Yea
Wolk — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 1284 Ducheny Senate Third Reading By CALDERON

Passed 89 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 83001
Democratic 3000
Republican 3000
Total 89001
% of votes cast 99%0%0%1%
How each member voted (90)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Charles — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Anderson — Yea
Bass — Yea
Block — Yea
Coto — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Skinner — Yea
Torres — Yea
Tran — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Not Voting
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Hall — Yea
Fuentes — Yea
De — Yea
Leon — Yea
Conway — Yea
Harkey — Yea
Miller — Yea
Norby — Yea
Solorio — Yea
Torrico — Yea
Bradford — Yea
Huffman — Yea
Nielsen — Yea
Skinner — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Gatto — Yea

Official roll call →

Senate 3rd Reading SB1284 Ducheny

Passed 32 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 29007
Democratic 2000
Republican 1000
Total 32007
% of votes cast 82%0%0%18%
How each member voted (39)
Member Party Vote
Hancock — Yea
Cedillo — Yea
Yee — Yea
Cogdill — Not Voting
Corbett — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Correa — Yea
Harman — Not Voting
Huff — Yea
Ducheny — Yea
Dutton — Yea
Kehoe — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Alquist — Yea
Ashburn — Yea
Pavley — Yea
Walters — Yea
Wolk — Yea
Aanestad — Not Voting
Hollingsworth — Not Voting
Leno — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wright — Yea
Wyland — Yea
Cox — Not Voting
DeSaulnier — Not Voting
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Leno — Yea
Corbett — Yea
Wyland — Yea
Walters — Yea
Alquist — Yea
Kehoe — Yea
Price — Yea
Wolk — Yea
Cox — Not Voting
Denham — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Not Voting
Kehoe — Yea
Leno — Yea
Price — Yea
Walters — Yea
Wolk — Yea
Alquist — Yea
Wyland — Yea
Cox — Yea
Denham — Not Voting

Official roll call →

Subjects

environment
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Frequently asked questions

What does SB 1284 do?
(1) Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with the federal Clean Water Act and the Porter-Cologne Water Quality Control Act (state act) . The state act, with certain exceptions, imposes a mandatory minimum penalty of $3,000 for each serious waste discharge violation or for certain other described violations if those violations occur 4 or more times in any period of 6 consecutive months, as prescribed. For purposes of the mandatory minimum penalty, a serious waste discharge violation includes a failure to file a specified discharge monitoring report for each complete period of 30 days following the deadline for submitting the report. Civil liability may be imposed administratively by the state board or a regional board, or those boards may request the Attorney General to petition the superior court to impose the liability. This bill would provide that a failure to file a discharge monitoring report is not a serious waste discharge violation if the discharger submits a specified statement to the state board or the regional board. The bill, until January 1, 2014, would require, with respect to certain violations involving the failure to file a discharge monitoring report, the mandatory minimum penalty of $3,000 to be assessed only for each required report that is not timely filed, and not for each 30-day period following the deadline for submitting the report. (2) The state act includes within the exceptions to the imposition of those mandatory minimum penalties a violation of an effluent limitation if the waste discharge complies with a certain time schedule order and other requirements are met. The act prohibits, for the purposes of that exception, a time schedule order from exceeding 5 years in length, except as otherwise provided. This bill, with a specified exception, would authorize a regional board, following a public hearing and upon a showing that the discharger is making diligent progress toward bringing the waste discharge into compliance with the effluent limitation, to extend the time schedule for an additional period not exceeding 5 years in length, under specified conditions.
Who sponsors SB 1284?
SB 1284 is sponsored by Ducheny.
What is the current status of SB 1284?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1284?
Track SB 1284 free on One Click Politics — get push/email alerts when it moves.

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