State Water Board adopts administrator handbook changes to allow temporary sewer system administrators under AB 805

The State Water Resources Control Board on Jan. 22 unanimously adopted revisions to its Administrator Policy Handbook to implement Assembly Bill 805, giving the board temporary authority to appoint administrators to designated sewer systems found to be providing inadequate service. The board also authorized the executive director or designee to take necessary actions to implement the authority and directed staff to return with lessons learned after the first use.

Staff presented the changes as an extension of existing administrator authorities used for failing drinking water systems. James Garrett, senior water resource control engineer in the Division of Financial Assistance, told the board the handbook was updated to reflect AB 805 (signed Sept. 24, 2024), which authorizes the board, through January 1, 2029, to require a designated sewer system to contract with an administrator the board designates. The amendments add criteria and processes required by new Water Code sections cited in AB 805 and allow limited grant funding from the State Water Pollution Cleanup and Abatement Account to administrators for eligible sewer uses.

The revised handbook adds criteria (section 14) the board will use to find a sewer service inadequate: two mandatory conditions and one optional. Mandatory conditions are (1) the system serves a disadvantaged community and (2) a demonstrated history of failures to meet regulatory standards for wastewater collection, treatment or disposal. The optional condition covers documented infrastructure failure or likely failure, insufficient capacity, or deficiencies in technical, managerial, or financial capacity that will likely cause violations. Section 15 describes the process for determining when an administrator is no longer needed, for example after consolidation or a return to compliance.

Garrett said the handbook aligns the sewer-administrator process with the selection and oversight process used for drinking water administrators, including allowing administrators to accept loans or grants on behalf of designated systems and to manage capital projects when appropriate. Staff proposed that the executive director be authorized to implement the new authority, with a requirement to present a summary of lessons learned and any recommended handbook changes to the board after the first appointment of a sewer-system administrator. Staff also proposed a stakeholder engagement step: at least 30 days’ public notice and comment before bringing any proposed handbook changes back to the board.

Public commenters urged quick deployment of the tool for communities with long-standing sanitation failures. Marisela Torre, community solutions advocate with Community Water Center, described residents in the Easter Rosie Community Services District reporting raw sewage in yards, long office closures that left bills unissued, and household-level operational failures that left families manually clearing septic systems. She said residents need an administrator who will provide responsive operations and correct accounting. Torre said, “Easter Rosie is in need of a competent wastewater administrator who will be responsive when residents have these issues.” Jahadi (spelled in transcript as Jahadi) Garcia of Community Water Center echoed the need for abundant community engagement during the appointment process.

The California Association of Sanitation Agencies (CASA), represented by Jared Voskuil, said CASA appreciated staff’s quick coordination but urged that the handbook reflect the statutory definition of administrator, including that the administrator must be “competent and willing” to serve. Debbie Mackey of the Central Valley Clean Water Association supported adoption but emphasized the need for continued stakeholder involvement, particularly as the wastewater needs assessment proceeds and consolidation questions arise.

Board members noted the tool’s power and the balance between speed and community input. Several board members cited Easter Rosie as an example of a community that has sought help for years. The board voted to adopt the amendments and change sheet; the clerk recorded the vote as unanimous.

The adopted actions allow the board to begin using the temporary sewer-administrator authorities where criteria are met while requiring staff to report back after the first implementation and to solicit public comment on future handbook changes.

Several procedural and implementation clarifications remain in the handbook and will be refined through stakeholder engagement and the required report after the first use.

Ending: The board’s action creates a temporary mechanism through Jan. 1, 2029, to appoint sewer-system administrators under AB 805. Staff told the board they will begin outreach to stakeholders and that the first administrator appointment will be followed by a public summary of lessons learned and potential handbook amendments.