BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 403|
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THIRD READING
Bill No: AB 403
Author: Alejo (D)
Amended: 8/29/12 in Senate
Vote: 27 Urgency
ALL PRIOR VOTES NOT RELEVANT
SUBJECT : Water quality: Greater Monterey County
Regional Water
Management Group
SOURCE : Author
DIGEST : This bill appropriates $2 million from the Waste
Discharge Permit Fund to the Greater Monterey County
Regional Water Management Group for assessment and
feasibility studies needed to develop a plan addressing
drinking water and wastewater issues in disadvantaged
communities located in the Salinas Valley.
Senate Floor Amendments of 8/24/12 delete the previous
version of the bill relating to public drinking water
standards, and replace it with the above language.
ANALYSIS : Existing law requires the assessment of
penalties for violations of water quality laws and requires
the money generated by these civil penalties to be
deposited into the fund, to be expended by the State Water
Resources Control Board upon appropriation of the
Legislature for the purpose of pollution abatement in the
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state's waters.
The author's office states that the Salinas Valley is one
of the regions in the country with the largest agricultural
production. However, years of intensive fertilizer and
pesticide use have left a legacy of water pollution in the
region's surface and groundwater. Nitrate groundwater
contamination not only imposes serious health risks but it
also results in mayor costs for small rural communities
like the ones in the Salinas Valley. The purpose of this
bill is to identify affordable and efficient ways in which
the Salinas Valley water quality can be improved and
communities can have access to safe drinking water.
Background
In 2008, SB 1 X2 (Perata) was signed into law to require
the State Water Board, in consultation with other agencies,
to prepare a report to the Legislature to better understand
the sources of nitrate contamination and identify solutions
for nitrate contamination of groundwater used for drinking.
Earlier this year, as required by statute, UC Davis
published a report commissioned by the State Water
Resources Control Board. The study, "Addressing Nitrate in
California's Drinking Water," found that 10 percent of the
2.6 million people in the Tulare Lake Basin and the Salinas
Valley rely on groundwater that may exceed the nitrate
standard of 45 milligrams per liter set by the California
Department of Public Health for public water systems.
In light of the report, the Governor's office convened a
Drinking Water Stakeholder Group with member from
agricultural groups, water agencies, environmental justice
groups and local governments to address the concerns
highlighted by the UC Davis nitrate report on drinking
water. The Drinking Water Stakeholder Group released the
recommendations on August 20, 2012. One of the
recommendations was to allocate money to the Greater
Monterey County Regional Water Management for a pilot
project in the Salinas Valley.
The Salinas Valley plan would mirror the Tulare Lake Basin
plan approved in 2008 (SB1 X2 (Perata)). That plan, while
still in development, has successfully brought together
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elected officials, impacted communities, regulatory
agencies and technical assistance organizations and, to
date has identified over 500 small unincorporated
communities in the Basin, of which nearly 200 are not
served by a public water system. The development of
sustainable solutions that address the needs of these
communities is underway. The Salinas Valley pilot plan
would be required to include recommendations for planning,
infrastructure, and other water management actions that
could achieve affordable and sustainable safe water
drinking solutions for disadvantaged communities in the
Salinas Valley.
This bill appropriates $2 million from the Waste Discharge
Permit Fund to the Greater Monterey County Regional Water
Management Group for purposes of developing a plan
addressing contaminated water issues affecting
disadvantaged communities in the Salinas Valley. The
Greater Monterey County Regional Water Management Group is
required to submit a plan to the Legislature by January 1,
2016.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
Appropriates $2 million from the Waste Discharge Permit
Fund.
SUPPORT : (Verified 8/30/12)
California Bean Shippers Association
California Cotton Ginners Association
California Cotton Growers Association
California Farm Bureau Federation
California Grain and Feed Association
California Grape and Tree Fruit League
California Pear Growers Association
California Rice Commission
California Rural Legal Assistance Foundation
California Seed Association
California Water Service Company
Clean Water Action
Community Water Center
Environmental Justice Coalition for Water
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Greater Monterey County Regional Water Management Group
Monterey County Board of Supervisors
Nilsen and Associates
Pacific Egg and Poultry Association
Safe Water Alliance
San Jerardo Cooperative.
Western Agricultural Processors Association
Western Growers Association
Western United Dairymen
ARGUMENTS IN SUPPORT : The Monterey County Board of
Supervisors states, "? AB 403 implements a key consensus
recommendation of the Governor's Drinking Water Stakeholder
Group, of which Monterey County is a participant. The
Stakeholder Group, representing communities, environmental
groups, water agencies and agricultural interests, was
convened by the Governor's office in June to assist the
administration in the development of recommendations to
address the challenge of communities with nitrate
contamination of drinking water supplies in the Tulare Lake
Basin and Salinas Valley (as identified in a report
commissioned by the State Water Board and released by UC
Davis in March of this year). The Stakeholder Group met
weekly from late June through August 1, and, with the
assistance of several state agencies including EPA, CDFA
and CDPH, intensively studied and discussed the problem,
identifying a number of challenges and promising solutions.
The Stakeholder Group's consensus findings and
recommendations have been submitted to the Governor, and we
plan to continue to develop additional solutions in the
coming months. Assembly Bill 403 is intended to address an
immediate need identified by the Stakeholder Group; to
develop promising affordable and sustainable solutions for
disadvantaged communities in the Salinas Valley without
safe drinking water. If passed, this bill will appropriate
$2 million of fines and penalties from the State Water
Board's Waste Discharge Permit Fund to the Greater Monterey
County Regional Water Management Group to conduct this
process in the Salinas Valley. This appropriation mirrors
one made in 2008 (SBX2 1 (Perata)) to address the water
needs of disadvantaged communities in the Tulare Lake
Basin. That plan, while still in development, has
successfully brought together elected officials, impacted
communities, regulatory agencies and technical assistance
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organizations and, to date, has identified over 500 small
unincorporated communities in the Basin, of which nearly
200 are not served by a public water system. The water
quality crisis Ýin] our rural areas demands our attention.
That is why our organizations are working in collaboration
to support this bill, which we hope is just the first
opportunity to develop long-term sustainable solutions for
hundreds of thousands of Californians who lack access to
safe drinking water."
DLW:n 8/31/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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