BILL NUMBER: SB 1450 AMENDED
AMENDED IN SENATE MARCH 23, 2010
INTRODUCED BY Senator Simitian
FEBRUARY 19, 2010
An act to amend Section 116762.60 of the Health and
Safety Code, relating to drinking water. An act to add
Section 85035 to the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 1450, as amended, Simitian. Federal capitalization
grant funds. Water: Delta Stewardship Council:
The Sacramento-San Joaquin Delta Reform Act of 2009 establishes
the Delta Stewardship Council, which is required to develop, adopt,
and commence implementation of a comprehensive management plan for
the Delta (Delta Plan) by January 1, 2012. The act provides that the
council is the successor to the California Bay-Delta Authority and
requires the council to administer contracts, grants, easements, and
agreements made or entered into by the authority.
The act requires the council to develop an interim plan that
includes recommendations for early actions, projects, and programs.
The act requires the Department of Water Resources to assist in
implementing certain early action ecosystem restoration projects.
This bill would provide that a contract made or entered into by
the department is not binding on the council unless the contract is
approved by the council.
Existing law requires the State Department of Public Health,
contingent upon specified federal funding, to develop and implement a
program to protect sources of drinking water, as specified. Existing
law requires the department to submit a report to the Legislature
every 2 years on its activities pursuant to the program.
This bill would require the required report to be submitted
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 85035 is added to the
Water Code , to read:
85035. A contract made or entered into by the department is not
binding on the council unless the contract is approved by the
SECTION 1. Section 116762.60 of the Health and
Safety Code is amended to read:
116762.60. (a) The department shall, contingent upon receiving
federal capitalization grant funds, develop and implement a program
to protect sources of drinking water. In carrying out this program,
the department shall coordinate with local, state, and federal
agencies that have public health and environmental management
programs to ensure an effective implementation of the program while
avoiding duplication of effort and reducing program costs. The
program shall include the following:
(1) A source water assessment program to delineate and assess the
drinking water supplies of public drinking water systems pursuant to
Section 1453 of the federal act.
(2) A wellhead protection program to protect drinking water wells
from contamination pursuant to Section 1428 of the federal act.
(3) Pursuant to Section 1452(k) of the federal act, the department
shall set aside federal capitalization grant funds sufficient to
carry out paragraphs (1) and (2) of subdivision (a).
(b) The department shall set aside federal capitalization grant
funds to provide assistance to water systems pursuant to Section 1452
(k) of the federal act for the following source water protection
activities, to the extent that those activities are proposed:
(1) To acquire land or a conservation easement if the purpose of
the acquisition is to protect the source water of the system from
contamination and to ensure compliance with primary drinking water
(2) To implement local, voluntary source water protection measures
to protect source water in areas delineated pursuant to Section 1453
of the federal act, in order to facilitate compliance with primary
drinking water regulations applicable to the water system under
Section 1412 of the federal act or otherwise significantly further
the health protection objectives of the federal and state acts.
(3) To carry out a voluntary, incentive-based source water quality
protection partnership pursuant to Section 1454 of the federal act.
(c) The department shall conduct duly noticed public hearings,
public workshops, focus groups, or meetings around the state to
encourage the involvement and active input of public and affected
parties in the development and periodic updating of the source water
protection program adopted pursuant to this article. The notices
shall contain basic information about the program in an
understandable format and shall notify widely representative groups,
including, but not limited to, federal, state, and local governmental
agencies, water utilities, public interest, environmental, and
consumer groups, public health groups, land conservation groups,
health care providers, groups representing vulnerable populations,
groups representing business and agricultural interests, and members
of the general public. In addition, the department shall convene a
technical advisory committee and a citizens' advisory committee made
up of those representative groups to provide advice and direction on
program development and implementation.
(d) The department shall submit a report to the Legislature every
year on its activities under this section. The report shall contain a
description of each program for which funds have been set aside
under this section, the effectiveness of each program in carrying out
the intent of the federal and state acts, and an accounting of the
amount of set aside funds used.