BILL NUMBER: AB 963	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2011

INTRODUCED BY   Assembly Member Valadao

                        FEBRUARY 18, 2011

   An act to add Section  21080.43   75022.1
 to the Public Resources Code, relating to 
environmental   water  quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 963, as amended, Valadao.  Environmental quality:
California Environmental Quality Act (CEQA) exemption: substitution
for   Safe drinking water:  contaminated
groundwater. 
    The Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006, an initiative bond
act approved by the voters at the November 7, 2006, statewide general
election, authorizes the issuance of bonds in the amount of
$5,388,000,000 for the purposes of financing a safe drinking water,
water quality and supply, flood control, and resource protection
program. Existing law appropriates $180,000,000 of that bond money
for grants for small community drinking water system infrastructure
improvements and related actions to meet safe drinking water
standards.  
   This bill would require the State Department of Public Health to
develop guidelines in collaboration with the State Water Resources
Control Board to fund projects for disadvantaged or severely
disadvantaged communities and to govern the selection of projects
that considered demonstrated prevention of illness and adverse public
health effects in a community.  
   The bill would also require the department to provide guidelines
for improving replacement drinking water systems in areas with
contaminated groundwater that may not be economically remediated for
drinking water purposes and the acquisition of public water systems
by local agencies as part of a project to provide clean and safe
water for small communities.  
   (1) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare, or cause to be prepared, and
certify the completion of, an environmental impact report (EIR) on a
project that it proposes to carry out or approve that may have a
significant effect on the environment or to adopt a negative
declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative
declaration for a project that may have a significant effect on the
environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as
revised, would have a significant effect on the environment.
 
   CEQA exempts certain specified projects from its requirements.
 
   This bill would exempt a project undertaken to allow for the
substitution of a source of surface water for a source of groundwater
deemed to be contaminated if the source of contaminated groundwater
is serving an economically disadvantaged community of less than 3,000
residents. Because a lead agency would be required to determine
whether a project falls under this exemption, this bill would impose
a state-mandated local program.  
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


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

   SECTION 1.    Section 75022.1 is added to the 
 Public Resources Code   , to read:  
   75022.1.  For purposes of implementing Section 75022, the State
Department of Public Health shall do both of the following:
   (a) Develop guidelines in collaboration with the state board to do
both of the following:
   (1) Fund projects for disadvantaged or severely disadvantaged
communities.
   (2) Govern the selection of projects that considered demonstrated
prevention of illness and adverse public health effects in a
community.
   (b) Provide guidelines for both of the following:
   (1) Improving replacement drinking water systems in areas with
contaminated groundwater that may not be economically remediated for
drinking water purposes.
   (2) The acquisition of public water systems by local agencies as
part of a project to provide clean and safe water for small
communities.  
  SECTION 1.    Section 21080.43 is added to the
Public Resources Code, to read:
   21080.43.  This division does not apply to a project undertaken to
allow for the substitution of a source of surface water for a source
of groundwater deemed to be contaminated if that source of
contaminated groundwater is serving an economically disadvantaged
community of less than 3,000 residents.  
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.