AB 20 — Revises provisions relating to water. (BDR 40-227)
Last action — Approved by the Governor. Chapter 69.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced November 16, 2022. Enacted.
Signed by Governor Joe Lombardo (Republican) on May 30, 2023.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
696 added · 741 removedPlain-language change summary
The amendments to Assembly Bill No. 20 expand the eligibility for funding from the Clean Water State Revolving Fund. Previously, only municipalities and interstate agencies could receive assistance, but the new changes allow any legal entity that meets federal criteria to be eligible as well. This change is significant because it broadens the scope of organizations that can access critical funding for water infrastructure and pollution control projects, potentially enhancing the state’s ability to address these important environmental issues more effectively.
REQUIRESAssembly TWO-THIRDSBill MAJORITYNo. VOTE (§ 11) A.B.
2020–Committee Aon SSEMBLYNatural BResources ILLNCHAPTER.......... O.
20–COMMITTEE ON NATURAL R ESOURCES (ON B EHALF OF THE D IVISION OFE NVIRONMENTAL PROTECTION OF THE S TATE D EPARTMENT OF C ONSERVATION AND N ATURAL RESOURCES ) PREFILED N OVEMBER 16, 2022 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to water.
(BDR 40-227) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegUnderLegislative federalCounsel’s law,Digest: the Clean Water State Revolving Fund is established to assist states by providing financial assistance for various water infrastructure projects and projects for the control of water pollution.
assist states by providing financial assistance for various water infrastructure projects and projects for the control of water pollution.
(NRS 445A.120) Sections 1-14 of this bill make various changes to provisions relating to the Account.
1-14 of this bill make various changes to provisions relating to the Existing law provides that a municipality or an interstate agency is eligible to receive assistance from the Account.
(NRS 445A.140) Section 4 of this bill defines “eligiblethe recipient”Account tounder meanfederal law, including a legalmunicipality entityor thatan isinterstate eligibleagency.ce tofrom receiveSections assistance5, from7, 8, 11, 13 and 14 of this bill make conforming changes to expand the Accountentities undereligible federalto law,receive includingassistance afrom municipalitythe oraccount anto interstateany agency.eligible recipient.
SectionsSection 5,9 7, 8, 11, 13 and 14 of this bill makerequires conformingthe changesregulations toadopted expandby the entitiesState eligibleEnvironmental Commission to receiveset assistanceforth from the accounteligible toentities anyin eligibleaccordance recipient.with federal law.
Commission to set forth the eligible entities in accordance with federal law.ental Existing law:
and (2) authorizes the Director of the -Department *AB20*to –take 2certain –actions to impose and collect fees, employ expert services and issue bonds.
(NRS 445A.130, 445A.140-445A.155) Sections 8 andrtand 11-14Environmental transferProtection of the responsibilityDepartment forand administering the AccountAdministrator toof the DivisionDivision.f ofSections Environmental2 Protectionand 3 of thethis Departmentbill define “Administrator” and the“Division,” Administratorrespectively, and section 27 of thethis Division.bill repeals unnecessary definitions.
Sections 2 and 3 of this bill define “Administrator” and “Division,” respectively, and section 27 of this bill repeals unnecessary definitions.
(NRS 445A.140) Section 10 of this bill provides that, with certain exceptions, the money in the Account may be used only in accordance with federal law andtions,and the requires the regulations adopted by the State Environmental Commission to prescribepresExisting thestate authorizedlaw usesprovides that not more than 4 percent of theeach moneygrant inawarded may be spent to administer the Account.
Existing state law provides that not more than 4 percent of each grant awarded may be spent to administer the Account.
Existing federal law creates the Drinking Water State Revolving Fund to assist states with providing financial assistance for drinking water infrastructure projects, with certain set-asides to provide technical assistance, management and certainojects,certain other assistance for projects.
§ 300j-12) To receive and distribute money - 82nd Session (2023) – 2 – in accordance with federal law, existing state law creates:
(NRS 445A.255) Sections 15-20 of this bill make various changes to provisions relating to the Account for the Revolving Fund and the Account for Set-Aside Programs.ProgExisting federal law authorizes the Account for Set-Aside Programs to make loans and grants and to provide certain limited types of assistance to projects authorized by the Safe Drinking Water Act.
loans and grants and to provide certain limited types of assistance to projects authorized by the Safe Drinking Water Act.
Sections 16 and 17 of this bill make changes to existing loansstate andlaw grantsto inprovide accordancethat withthe federalAccount law.idefor Set-Aside Programs may be used to make Existingloans lawand setsgrants forth certain limitations on the use of money in theaccordance Accountwith forfederal thelaw. Revolving Fund and the Account for Set-Aside Programs.
(NRSExisting 445A.275)law Sectionsets 18forth ofcertain thislimitations billon providesthe that,use withof certain exceptions, the money in thesethe accountsAccount mayfor bethe usedRevolving onlyFund in accordance with federal law and requires the StateAccount Environmentalfor CommissionSet-Aside toPrograms. adopt regulations prescribing the authorized uses of the money.
Existing(NRS law445A.275) prohibitsSection the18 Administratorof fromthis spendingbill moreprovides thanthat, awith certain percentageexceptions, ofthe money in these accounts may be used only in accordance with federal grantslaw forand administration,requires certainthe typesState ofthe activitiesmoney.tal authorizedCommission 445A.280)to Sectionadopt 19regulations ofprescribing thisthe billauthorized insteaduses of Existing law prohibits the Administrator from spending more than thea amountcertain or percentage authorizedof by federal lawgrants for administeringadministration, thecertain accounttypes orof certainactivities programs authorized bypursuant to federal law.law and technical assistance to small water systems.
-(NRS *AB20*445A.280) –Section 319 –of Sectionthis 20bill revisesinstead prohibits the legislativeAdministrator findingsfrom andspending declarationsmore tothan emphasize the importanceamount ofor thepercentage Accountauthorized by federal law for administering the Revolvingaccount Fundor andcertain theprograms Accountauthorized forby Set-Asidefederal Programs.law.
ExistingSection law20 chargesrevises the Directorlegislative offindings the Department of Business and Industrydeclarations billto transfersemphasize thisthe responsibilityimportance toof the DirectorAccount offor the StateRevolving DepartmentFund ofthisand Conservationthe andAccount Naturalfor Resources.Set-Aside Programs.
Existing law charges the Director of the Department of Business and Industry with overseeing the financing of water projects.
(NRS 349.946) Section 21 of this bill transfers this responsibility to the Director of the State Department of Conservation and Natural Resources.
Existing law establishes the Board for Financing Water Projects which may not containparty moreand than three voting members who are members of the same political 349.957) Section 23 of this bill removes the requirement that not more than threetwo members maywho beare membersresidents of the same politicalcounty. party.
(NRS 349.957) Section 23 of this bill removes the requirement that not more than three members may be members of the same political party.
(NRS 349.981) Section 24 of this bill expands the list of eligible recipients and costs to include costs associated with abandoning an individual sewage disposal system and connecting the property formerly served to a community sewage disposal system, if the Division approves certain programs or projects for the protection of groundwater quality developed by the State or a local government.
- 82nd Session (2023) – 3 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
§§ 1381 et seq., including,incSec. without limitation, a municipality or interstate agency.
Sec.
Show all 124 changed lines (84 more)
NRSwiNRS 445A.060 is hereby amended to read as follows:follows:ncy.
and (b) The protection of the waters of this arid state justifies the State’s participation and assistance in a program which provides long-term financing to aid [municipalities and interstate agencies] - *AB20* – 4 – eligible recipients in the construction of treatment works and the implementation of pollution control projects.
§§ 1251 et seq.) and ensure that the [municipalities in this State and interstate agencies] eligible recipients in this State receive federal money for treatment works and projects and programs forfore receive the control of pollution.
- 82nd Session (2023) – 4 – 3.
The Legislature finds and declares that any general obligation bonds or revenue bonds issued pursuant to NRS 445A.155 are necessary for the protection and preservation of the natural resources of this State and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.
[, with the approvalapp(a) of the Office of Finance:] (a) Use the money in the Account for the purposes set forth in 33 U.S.C.
- *AB20* – 5 – (b) Determine whether [publicly owned treatment works] eligible recipients which receive money or other assistance from the Account comply with the requirements set forth in 33 U.S.C.
§§ 1381 et seq.
§§ et seq.
through an interagency agreement, subgrant, contract - 82nd Session (2023) – 5 – or memorandum of understanding any programs, projects or activities authorized pursuant to 33 U.S.C.
through an interagency agreement, subgrant, contract or memorandum of understanding any programs, projects or activities authorized pursuant to 33 U.S.C.
§§ 1381 et seq.
445A.135 The Commission shall adopt regulations to carry out regulations adopted by the provisionsCommission ofmust, NRSwithout 445A.060limitation, set forth the entities that are eligible to 445A.160,receive inclusive.assistance in accordance with 33 U.S.C.
The regulations adopted by the Commission must, without limitation, set forth the entities that are eligible to receive assistance in accordance with 33 U.S.C.
2.other financial assistance must demonstrate that it has complied with the provisions of] in accordance with 33 U.S.C.
A municipality or interstate agency which requests a loan or other financial assistance must demonstrate that it has complied with the provisions of] in accordance with 33 U.S.C.
- *AB20* – 6 – 2.
2.- 82nd Session (2023) – 6 – Office of Finance,] impose and collect a fee from each [municipality or interstate agency] eligible recipient which receives a loan or other financial assistance from the Account.
The [Director] Administrator may [, with the approval of the Office of Finance,] impose and collect a fee from each [municipality or interstate agency] eligible recipient which receives a loan or other financial assistance from the Account.
The [Director] Administrator may [, with the approval of the Office of Finance,] authorize the State Treasurer to issue, sell or deliver general obligation bonds of the State or revenue bonds if viable to support the purposes of the Account.Account.State or revenue 2.
2.
-assistance *AB20*and –the 7administration –of (f)those Adoptprojects;ing regulationsfinancial relating(g) toEmploy for [himself or herself] the Administrator or for any [municipality or interstate agency,] eligible recipient any necessary legal, fiscal, engineering and other expert services in connection with projects receiving financial assistance and with the administrationauthorization, sale and issuance of thosestate projects;securities and municipal securities;
(g)(h) EmployEnter forinto [himselfagreements orand herself]arrangements theconsistent Administratorwith orNRS for445A.060 anyto [municipality445A.160, orinclusive, interstateand agency,]sections eligible2, recipient3 any necessary legal, fiscal, engineering and other4 expertof services- in82nd connectionSession with(2023) projects– receiving7 financial– assistancethis andact withconcerning the authorization, sale and issuance of state securities and the purchase of municipal securities;
(h)and Enter(i) intoUndertake agreementsother andmatters arrangementswhich consistent[he withor NRSshe] 445A.060the Administrator determines to 445A.160,be inclusive,necessary andor sectionsdesirable 2,to 3accomplish andthe 4purposes of this actact.0 concerningto the445A.160, issuanceinclusive of[.] state, securities and thesections purchase2, of3 municipaland securities;3.
and (i) Undertake other matters which [he or she] the Administrator determines to be necessary or desirable to accomplish the purposes of NRS 445A.060 to 445A.160, inclusive [.] , and sections 2, 3 and 4 of this act.
3.
The Account to Finance the Construction of Projects, to be known as the Account for the Revolving Fund, is hereby created in the Fund for Water Projects Loans.Loans.ng Fund, is 2.
2.
- *AB20* – 8 – 3.
- 82nd Session (2023) – 8 – Sec.
The interest and income earned on money in the Account for the Revolving Fund and the Account for Set-Aside Programs must be credited to the Account for the Revolving Fund and2.heAll payments of principal and interest on all loans made to a public water system and all proceeds from the sale, refunding or prepayment of obligations of a public water system acquired or loans made in carrying out the purposes of the Account for the Revolving Fund or the Account for Set-Aside Programs must be deposited in the State Treasury for credit to the Account for the Revolving Fund [.] or the Account for Set-Aside Programs, respectively.
2.
All payments of principal and interest on all loans made to a public water system and all proceeds from the sale, refunding or prepayment of obligations of a public water system acquired or loans made in carrying out the purposes of the Account for the Revolving Fund or the Account for Set-Aside Programs must be deposited in the State Treasury for credit to the Account for the Revolving Fund [.] or the Account for Set-Aside Programs, respectively.
5.proceeds of state securities that are solely secured by and solely payable from one or more of the sources set forth in subsection 4 may be used to benefit public water systems not governmentally owned.
In addition to the sources described in subsection 4, the proceeds of state securities that are solely secured by and solely payable from one or more of the sources set forth in subsection 4 may be used to benefit public water systems not governmentally owned.
- *AB20* – 9 – (a) Use the money in the Account for the Revolving Fund and the Account for Set-Aside Programs for the purposes set forth in the Safe Drinking Water Act.
(a)- Prepare82nd andSession enter(2023) into– required9 agreements– with the Federal Government for the acceptance of grants of money for the AccountAccountal for the Revolving Fund and the Account for Set-Aside Programs.
§ 300j- 12(g) ofMake loans or grants from the SafeAccount Drinkingfor WaterSet-Aside Act.Programs to borrowers for set-aside programs that meet the requirements of 42 U.S.C.
(g) Make loans or grants from the Account for Set-Aside Programs to borrowers for set-aside programs that meet the requirements of 42 U.S.C.
Except as otherwise provided in NRS 445A.260 and 445A.280, money in the Account for the Revolving Fund, including repayments of principal and interest on loans, and interest and income earned on money in the Account for the Revolving FundFunderest [, may be used only to:
- *AB20* – 10 – (a) Make loans at or below the market rate to public water systems for the construction of projects.
and (2)- The82nd obligationsSession were(2023) incurred– after10 July– 1,(c) 1993.Guarantee or purchase insurance for local obligations, including nongovernmental debt or municipal debt, if the action would improve access to credit or reduce the rate of interest applicable to the obligation.
(c) Guarantee or purchase insurance for local obligations, including nongovernmental debt or municipal debt, if the action would improve access to credit or reduce the rate of interest applicable to the obligation.
2.may be used only [to fund set-aside programs authorized by] in accordance with the Safe Drinking Water Act.
Money] and money in the Account for Set-Aside Programs may be used only [to fund set-aside programs authorized by] in accordance with the Safe Drinking Water Act.
Funding from the Account for the Revolving Fund may not be given to an existing public water system unless it has the technical, managerial and financial capability to ensure compliance with the Safe Drinking Water Act and regulations adopted pursuant demonstrate that it has the technical, managerial and financialst capability to ensure compliance with the Safe Drinking Water Act and regulations adopted pursuant thereto.
A4. new public water system, to receive such funding, must demonstrate that it has the technical, managerial and financial capability to ensure compliance with the Safe Drinking Water Act and regulations adopted pursuant thereto.
- *AB20* – 11 – 4.
- 82nd Session (2023) – 11 – (a) Spend more than [4 percent of the federal grant for a set- aside program] the amount or percentage authorized for [administration] administering the Account for the Revolving Fund and the Account for Set-Aside Programs pursuant to 42 U.S.C.U.S(b) Spend more than [10 percent of the federal grant] theAct;
§or [300j-12(g)(2)]amount 300j-12or ofpercentage theauthorized Safefor Drinking[a] Waterset-aside Act;[program for activities authorized] programs pursuant to 42 U.S.C.
or (b) Spend more than [10 percent of the federal grant] the amount or percentage authorized for [a] set-aside [program for activities authorized] programs pursuant to 42 U.S.C.
(c) Spend more than 2 percent of the federal grant for a set-aside program for technical assistance to small water systems pursuant to 42 U.S.C.
(a) The construction, rehabilitation, operation and maintenance of modern and efficient drinking water systems areareand essential for the public health of the residents of this State.
(c) The creation of the Account for the Revolving Fund and the Account for Set-Aside Programs will enable the State to - *AB20* – 12 – receive the maximum share of the federal money available to the State pursuant to the Safe Drinking Water Act and ensure that eligible recipients in this State receive federal money for the - 82nd Session (2023) – 12 – construction of drinking water infrastructure and set-aside programs.
The Legislature finds and declares that any state securities issued pursuant to this section are necessary for the protection and preservation of the property and natural resources of this State and for the purpose of obtaining the benefits thereof, and their issuance constitutes an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.
(e) Accept grants of money from the Federal Government, the State, any agency or political subdivision thereof, or any other person;
- *AB20*82nd –Session 13(2023) – (i)13 Require,– as appropriate to secure a nongovernmental debt, enhancements of credit or the pledge of any variety of collateral or other types of security, such as corporate or personal guarantees;
349.938 “Director” means the Director of the State Department of [Business] Conservation and [Industry] Natural Resources or any person within the State Department of [Business] Conservation and [Industry] Natural Resources designated by the Director to perform duties in connection with a water project or the issuance of bonds.
(a)largest population in the State;sentative of the county with the (b) One member who is a representative of the county with the second largest population in the State;
(b) One member who is a representative of the county with the second largest population in the State;
3.- 82nd Session (2023) – 14 – Protection of the State Department of Conservation and Natural Resources, or a person [he or she] the Administrator designates, shall serve ex officio as a nonvoting member of the Board.
The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural - *AB20* – 14 – Resources, or a person [he or she] the Administrator designates, shall serve ex officio as a nonvoting member of the Board.
(b)conserve Anwater, eligibleincluding, recipientwithout tolimitation:st pay for the cost of improvements to conserve(1) water,Piping including,or withoutlining limitation:of an irrigation canal;
(1) Piping or lining of an irrigation canal;
(1)water Anysystem.y local or regional fee for connection to the municipal water(2) system.The cost of any capital improvement that is required to comply with a decision or regulation of the State Engineer.
(2)(d) TheAn costeligible recipient to pay the following costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of anyEnvironmental capitalProtection improvementrequires thatthe isindividual requiredsewage disposal system to complybe withabandoned and the property - 82nd Session (2023) – 15 – connected to a decisioncommunity orsewage regulationdisposal ofsystem pursuant to the Statebe Engineer.provisions of NRS 445A.300 to 445A.730, inclusive, or any regulations adopted pursuant thereto:
(d)(1) AnAny eligiblelocal recipientor toregional payfee thefor followingconnection costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of Environmental Protection requires the individual sewage disposal system to be abandoned and the property upon which the individual sewage disposal system was located to be connected to a community sewage disposal systemsystem. pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, or any regulations adopted pursuant thereto:
- *AB20* – 15 – (1) Any local or regional fee for connection to the community sewage disposal system.
(e) An eligible recipient to pay the following costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of Environmental Protection approves a program or project for the protection of groundwater quality developed by the State or a local government that provides for the abandonment of an individual sewage disposal system and the connection of the property upon which the individual sewage disposal system was located to a community sewage disposaldisposale system pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, or any regulations adopted pursuant thereto:
(1) Any local or regional fee for connection to the municipal water system.(2) The cost of any capital improvement that is required for the water quality in the area where the well is located to comply with the standards of the Safe Drinking Water Act, 42 U.S.C.
(2) The cost of any capital improvement that is required for the water quality in the area where the well is located to comply with the standards of the Safe Drinking Water Act, 42 U.S.C.
- 82nd Session (2023) – 16 – 3.
(a) Require the nonprofit association or nonprofit cooperative corporation to include in the contract for the construction work the - *AB20* – 16 – contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to those statutory provisions.
(b) “Governing body” has the meaning ascribed to it in NRS(c) “Water resource plan” means a water resource plan created pursuant to NRS 278.015.278.0228.
(c) “Water resource plan” means a water resource plan created pursuant to NRS 278.0228.
- 82nd Session (2023) – 17 – (b) Deposited into any reserve account created for the payment of the principal of, interest on and redemption premiums due in connection with state securities issued pursuant to this chapter, in amounts and at times determined to be necessary.
- *AB20* – 17 – Sec.
Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of and other agreements may be enforced by the officer or agency toacts which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
TEXT~~~~~ OF23 REPEALED- SECTIONS82nd 445A.085Session “Department”(2023) defined.
“Department” means the State Department of Conservation and Natural Resources.
Director of the State Department of Conservation and Natural the Resources.
H - *AB20*
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Action History
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Approved by the Governor. Chapter 69.
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Enrolled and delivered to Governor.
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In Assembly. To enrollment.
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Read third time. Passed. Title approved. (Yeas: 20, Nays: 1.) To Assembly.
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Taken from General File. Placed on General File for next legislative day.
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Read second time.
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From committee: Do pass.
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In Senate. Read first time. Referred to Committee on Natural Resources. To committee.
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Read third time. Passed. Title approved. (Yeas: 37, Nays: 5.) To Senate.
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Read second time.
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From committee: Do pass.
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Read first time. To committee.
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From printer.
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Prefiled. Referred to Committee on Natural Resources. To printer.
Sponsors
- Assembly Committee on Natural Resources · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Assembly Committee on Natural Resources
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"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.
Subjects
Frequently asked questions
- Who sponsors AB 20?
- AB 20 is sponsored by Assembly Committee on Natural Resources.
- What is the current status of AB 20?
- This bill has been enacted into law. Introduced November 16, 2022. Enacted.
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