BILL NUMBER: AB 153	CHAPTERED
	BILL TEXT

	CHAPTER  226
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 23, 2010
	PASSED THE SENATE  AUGUST 30, 2010
	PASSED THE ASSEMBLY  AUGUST 31, 2010
	AMENDED IN SENATE  AUGUST 30, 2010
	AMENDED IN SENATE  AUGUST 12, 2010
	AMENDED IN SENATE  JUNE 21, 2010

INTRODUCED BY   Assembly Members Hernandez and Eng
   (Coauthor: Senator Huff)

                        JANUARY 23, 2009

   An act to amend Section 79770 of the Water Code, relating to
water, and declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 153, Hernandez.  Safe, Clean, and Reliable Drinking Water
Supply Act of 2012: groundwater contamination.
   Existing law creates the Safe, Clean, and Reliable Drinking Water
Supply Act of 2012, which, if approved by the voters, would authorize
the issuance of bonds in the amount of $11,140,000,000 pursuant to
the State General Obligation Bond Law to finance a safe drinking
water and water supply reliability program.
   The bond act, among other things, would make $1,000,000,000
available, upon appropriation by the Legislature, for expenditures,
grants, and loans for projects to prevent or reduce the contamination
of groundwater that serves as a source of drinking water, and would
require funds appropriated pursuant to that authority to be available
to the State Department of Public Health for groundwater
contamination projects. Of that amount, the bond act would require
not less than $100,000,000 to be available for projects that meet
prescribed requirements and criteria, including addressing
contamination at a site on a specified list maintained by the
Department of Toxic Substances Control or a site listed on the
National Priorities List.
   This bill would instead require not less than $100,000,000 to be
available for costs associated with projects, programs, or activities
that meet those prescribed requirements and criteria.
   The bill would require the Secretary of State to include the
changes made by this bill when submitting the bond act to the voters
at the November 6, 2012, statewide general election.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 79770 of the Water Code, as added by Chapter 3
of the Seventh Extraordinary Session of the Statutes of 2009, is
amended to read:
   79770.  (a) The sum of one billion dollars ($1,000,000,000) shall
be available, upon appropriation by the Legislature from the fund,
for expenditures, grants, and loans for projects to prevent or reduce
the contamination of groundwater that serves as a source of drinking
water. Projects shall be consistent with an adopted integrated
regional water management plan. Funds appropriated pursuant to this
section shall be available to the State Department of Public Health
for projects necessary to protect public health by preventing or
reducing the contamination of groundwater that serves as a major
source of drinking water for a community.
   (b) Projects shall be prioritized based upon the following
criteria:
   (1) The threat posed by groundwater contamination to the affected
community's overall drinking water supplies, including the need for
treatment of alternative supplies if groundwater is not available due
to contamination.
   (2) The potential for groundwater contamination to spread and
reduce drinking water supply and water storage for nearby population
areas.
   (3) The potential of the project, if fully implemented, to enhance
local water supply reliability.
   (4) The potential of the project to increase opportunities for
groundwater recharge and optimization of groundwater supplies.
   (c) The State Department of Public Health shall give additional
consideration to projects that meet any of the following criteria:
   (1) The project is implemented pursuant to a comprehensive
basinwide groundwater quality management and remediation plan or is
necessary to develop a comprehensive groundwater plan.
   (2) Affected groundwater provides a local supply that, if
contaminated and not remediated, will require import of additional
water from outside the region.
   (3) The project will serve an economically disadvantaged community
or an economically distressed area.
   (4) The project addresses contamination at a site where the
responsible parties have not been identified or where the responsible
parties are unwilling or unable to pay for cleanup.
   (d) Of the amount made available by this section, not less than
one hundred million dollars ($100,000,000) shall be available for
costs associated with projects, programs, or activities that meet the
requirements of this section and both of the following criteria:
   (1) The costs are part of a basinwide management and remediation
plan for which federal funds have been allocated.
   (2) The costs address contamination at a site on the list
maintained by the Department of Toxic Substances Control pursuant to
Section 25356 of the Health and Safety Code or a site listed on the
National Priorities List pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec.
9601 et seq.).
   (e) Of the amount made available by this section, one hundred
million dollars ($100,000,000) shall be available to the State
Department of Public Health for grants and direct expenditures to
finance emergency and urgent actions in accordance with this section
on behalf of disadvantaged communities and economically distressed
areas to ensure that safe drinking water supplies are available to
all Californians.
   (f) The Legislature, by statute, shall establish both of the
following:
   (1) Requirements for repayment of grant funds in the event of cost
recovery from parties responsible for the groundwater contamination.

   (2) Requirements for recipients of grants to make reasonable
efforts to recover costs from parties responsible for groundwater
contamination.
  SEC. 2.  The Secretary of State shall submit Section 79770 of the
Water Code, as amended by Section 1 of this act, in place of Section
79770 of the Water Code, as added by Section 1 of Chapter 3 of the
Seventh Extraordinary Session of the Statutes of 2009, in order that
it is voted upon as part of the Safe, Clean, and Reliable Drinking
Water Supply Act of 2012 at the November 6, 2012, statewide general
election.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to enable the Secretary of State to make the changes
required by this act at the earliest possible date, it is necessary
that this act take effect immediately.