BILL NUMBER: AB 69 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 19, 2013
INTRODUCED BY Assembly Member Perea
JANUARY 10, 2013
An act to add Section 13444 to amend
Section 14611 of, and to add Article 13 (commencing with Section
14690) to Chapter 5 of Division 7 of, the Food and Agricultural Code,
and to add Section 13169.5 to, and to add and repeal Article 4
(commencing with Section 13444) of Chap ter 6 of Division
7 of, the Water Code, relating to water , and making an
appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
AB 69, as amended, Perea. Groundwater: drinking water:
Nitrate at Risk Area Fund.
Existing
(1) Existing law establishes the
State Water Resources Control Board , or state board, and 9
California regional water quality control boards, and
authorizes the state board to adopt regulations to carry
out its powers and duties. Under existing law, the Porter-Cologne
Water Quality Control Act, the state board is required to
formulate and adopt state policy for water quality control.
Under existing law the state board is further authorized to develop
and implement a groundwater protection program consistent with
federal law.
This bill would require the state board, in collaboration with the
regional boards, and state and local agencies that collect water
quality data or information, to develop a public information program
on matters involving groundwater quality monitoring and assessment,
as specified, and would also require the state board to develop and
maintain on its Internet Web site, in a format accessible to the
general public, an information file with specific information on
groundwater quality.
(2) Existing law requires a person who manufactures or distributes
fertilizing materials to obtain a license from the Secretary of Food
and Agriculture. Under existing law, a licensee whose name appears
on the label who sells or distributes bulk fertilizing materials is
required to pay specified fees for each dollar of sales, including an
amount not to exceed $0.001 per dollar of sales for all sales of
fertilizing materials, to provide funding for research and education
regarding the use and handling of fertilizing material.
This bill would expand the assessment to all commercial or retail
sales of fertilizing materials by any person. This bill would require
a seller of fertilizing materials to remit the assessment to the
Department of Food and Agriculture for deposit in the Fertilizer
Research and Education Program Fund that this bill would create. This
bill would continuously appropriate this fund, without regard to
fiscal years, to the department to provide funding for research and
education regarding the use and handling of fertilizing materials.
Existing
(3) Existing law, the California
Safe Drinking Water Act, requires the State Department of Public
Health to administer provisions relating to the regulation of
drinking water to protect public health, including, but not limited
to, conducting research, studies, and demonstration programs relating
to the provision of a dependable, safe supply of drinking water,
enforcing the federal Safe Drinking Water Act, adopting enforcement
regulations, and conducting studies and investigations to assess the
quality of water in domestic water supplies.
This bill would establish the Nitrate at Risk Area
Fund, to be administered by the board and, upon
appropriation by the Legislature, moneys in the fund would be
available for the purposes of developing and implementing sustainable
and affordable solutions for disadvantaged communities in specified
areas designated by the department, in conjunction with the board.
department. This bill would continuously appropriate,
without regard to fiscal years, the fund to the department for the
purposes of loans, principal forgiveness loans, or grants to certain
water systems for specified purposes. This bill would require a
person who purchases nitrogen fertilizer materials in California to
pay a nitrogen fertilizer materials charge, until January 1, 2016, of
$0.01 per dollar of materials, and on and after January 1, 2016, the
department may increase the amount of the charge, as specified, to
an amount no greater than $0.04 per dollar of materials if
80% of the moneys in the fund are committed. This bill would require
a seller of nitrogen fertilizer materials to remit the nitrogen
fertilizer materials charge to the department to be deposited in the
fund. This bill would prohibit t he fertilizer materials
charge from being imposed when the department determines that the
fund contains more than $100,000,000 and less than $50,000,000 of the
moneys in the fund are committed. This bill would require the state
board, on or before January 1, 2022, to submit a report to the
Legislature that includes specified information relating to the fund
and contaminated drinking water. This bill would repeal these
provisions on January 1, 2024.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14611 of the Food
and Agricultural Code is amended t o read:
14611. (a) A licensee whose
name appears on the label who sells or distributes bulk fertilizing
materials, as defined in Sections 14517 and 14533, to unlicensed
purchasers, shall pay to the secretary an assessment not to exceed
two mills ($0.002) per dollar of sales for all fertilizing materials.
A licensee whose name appears on the label of packaged fertilizing
materials, as defined in Sections 14533 and 14551, shall pay to the
secretary an assessment not to exceed two mills ($0.002) per dollar
of sales. The secretary may, based on the findings and
recommendations of the board, reduce the assessment rate to a lower
rate that provides sufficient revenue to carry out this chapter.
(b) In addition to the assessment provided in subdivision (a), the
secretary may impose an assessment in an amount not to exceed one
mill ($0.001) per dollar of sales for all sales of fertilizing
materials, to provide funding for research and education regarding
the use and handling of fertilizing material, including, but not
limited to, support for University of California Cooperative
Extension, the California resource conservation districts, other
California institutions of postsecondary education, or other
qualified entities to develop programs in the following areas:
(1) Technical education for users of fertilizer materials in the
development and implementation of nutrient management projects that
result in more agronomically sound uses of fertilizer materials and
minimize the environmental impacts of fertilizer use, including, but
not limited to, nitrates in groundwater and emissions of greenhouse
gases resulting from fertilizer use.
(2) Research to improve nutrient management practices resulting in
more agronomically sound uses of fertilizer materials and to
minimize the environmental impacts of fertilizer use, including, but
not limited to, nitrates in groundwater and emissions of greenhouse
gases resulting from fertilizer use.
(3) Education to increase awareness of more agronomically sound
use of fertilizer products to reduce the environmental impacts
resulting from the overuse or inefficient use of fertilizing
materials.
SEC. 2. Article 13 (commencing with Section 14690)
is added to Chapter 5 of Division 7 of the Food and
Agricultural Code , to read:
Article 13. Fertilizer Research and Education Program
14690. (a) The secretary may impose an assessment in an amount
not to exceed one mill ($0.001) per dollar of sales for all
commercial or retail sales of fertilizing materials by any person, to
provide funding for research and education regarding the use and
handling of fertilizing material, including, but not limited to,
support for the University of California Cooperative Extension, the
California resource conservation districts, other California
institutions of postsecondary education, or other qualified entities
to develop programs in the following areas:
(1) Technical education for users of fertilizing materials in the
development and implementation of nutrient management projects that
result in more agronomically sound uses of fertilizing materials and
minimize the environmental impacts of fertilizer use, including, but
not limited to, nitrates in groundwater and emissions of greenhouse
gases resulting from fertilizer use.
(2) Research to improve nutrient management practices resulting in
more agronomically sound uses of fertilizing materials and to
minimize the environmental impacts of fertilizer use, including, but
not limited to, nitrates in groundwater and emissions of greenhouse
gases resulting from fertilizer use.
(3) Education to increase awareness of more agronomically sound
use of fertilizer products to reduce the environmental impacts
resulting from the overuse or inefficient use of fertilizing
materials.
(b) Notwithstanding Section 14503, a seller of fertilizing
materials shall remit the assessment imposed pursuant to subdivision
(a) to the department for deposit in the Fertilizer Research and
Education Program Fund that is hereby established in the State
Treasury. Notwithstanding Section 13340 of the Government Code,
moneys in the Fertilizer Research and Education Program Fund are
continuously appropriated, without regard to fiscal years, to the
department for the purposes of this section.
SEC. 3. Section 13169.5 is added to the
Water Code , to read:
13169.5. (a) The state board, in collaboration with the regional
boards, and state and local agencies that collect water quality data
or information, shall develop a public information program on matters
involving groundwater quality monitoring and assessment throughout
the state by utilizing existing data, including groundwater ambient
monitoring and assessment results, along with the collection of new
information as needed.
(b) The state board shall develop and maintain on its Internet Web
site, in a format accessible to the general public, an information
file on groundwater quality monitoring, assessment, research,
standards, regulation, enforcement, and other pertinent matters.
SEC. 4. Article 4 (commencing with Section 13444)
is added to Chapter 6 of Division 7 of the Water Code
, to read:
Article 4. Nitrate at Risk Fund
13444. The Nitrate at Risk Fund is hereby established in the
State Treasury, to be administered by the State Department of Public
Health. Notwithstanding Section 13340 of the Government Code, moneys
in the Nitrate at Risk Fund are continuously appropriated, without
regard to fiscal years, to the State Department of Public Health for
the purposes described in Section 13446.
13445. (a) For purposes of this section, "fertilizer materials
charge" means the charge imposed pursuant to subdivision (b).
(b) (1) A person who purchases fertilizer materials in California,
including, but not limited to, all commercial or retail sales of
fertilizer materials for agricultural or urban uses, shall pay a
fertilizer materials charge as follows:
(A) Until January 1, 2016, a charge of $0.01 per dollar of
materials.
(B) On and after January 1, 2016, the State Department of Public
Health may increase the amount of the charge to an amount no greater
than $0.04 per dollar of materials if 80 percent of the moneys in the
Nitrate at Risk Fund are committed. In determining the amount of the
charge, the State Department of Public Health shall consider the
demand for the moneys in the Nitrate at Risk Fund.
(2) A seller of fertilizer materials shall remit the fertilizer
materials charge to the State Department of Public Health to be
deposited in the Nitrate at Risk Fund.
(c) The fertilizer materials charge shall not be imposed when the
State Department of Public Health determines that the Nitrate at Risk
Fund contains more than one hundred million dollars ($100,000,000)
and less than fifty million dollars ($50,000,000) of the moneys in
the Nitrate at Risk Fund are committed.
13446. (a) Moneys in the Nitrate at Risk Fund shall be used for
loans, principal forgiveness loans, or grants to a water system that
is either a small community water system serving a disadvantaged
community or an unregulated system of 2 to 15, inclusive, service
connections.
(b) Moneys in the Nitrate at Risk Fund may be used for any of the
following purposes:
(1) Preplanning drinking water projects.
(2) Planning drinking water projects.
(3) Interim water solutions.
(4) Constructing drinking water projects.
(5) Operating and maintaining drinking water systems. The State
Department of Public Health shall ensure that moneys used for the
purposes of this paragraph are for the operation and maintenance of
drinking water systems in communities that have a substantial need
and otherwise would not be able to afford to operate or maintain
their systems.
(c) Moneys in the Nitrate at Risk Fund shall not be used for
loans, principal forgiveness loans, or grants to a water system that
is a small community water system for the purposes of either
paragraph (2) or (4) of subdivision (b) unless no other funding
source is available to that system for that purpose.
13447. (a) On or before January 1, 2022, the state board, in
consultation with any other state entity or research institution as
appropriate, shall submit to the Legislature a report that includes
all of the following information:
(1) Communities that rely on contaminated drinking water as a
primary source of drinking water.
(2) The principal contaminants and other constituents of concern
affecting groundwater and contamination levels in the groundwater
sources for the communities described in paragraph (1).
(3) Potential solutions and funding sources to clean up or treat
groundwater or to provide alternative water supplies to ensure the
provision of safe drinking water to communities identified in
paragraph (1).
(4) The effect of the use of the moneys in the Nitrate at Risk
Fund for the purposes described in Section 13445 on nitrate
contaminated groundwater used as a source of drinking water.
(b) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
13448. If the responsibility for administering Chapter 4
(commencing with Section 116270) of Part 12 of Division 104 of the
Health and Safety Code is transferred to the state board, the state
board shall succeed to and is vested with all of the authority,
duties, powers, responsibilities, and jurisdiction of the State
Department of Public Health pursuant to this article.
13449. This article shall remain in effect only until January 1,
2024, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2024, deletes or extends
that date.
SECTION 1. Section 13444 is added to the Water
Code, to read:
13444. (a) The Nitrate at Risk Area Fund is hereby established in
the State Treasury, to be administered by the state board. Upon
appropriation by the Legislature, moneys in the fund shall be
available for the purposes of developing and implementing sustainable
and affordable solutions for disadvantaged communities in areas
designated pursuant to subdivision (b).
(b) The State Department of Public Health, in conjunction with the
state board, shall, using existing data on public water systems,
designate areas that are reliant on nitrate-contaminated groundwater
for their source of drinking water and that do not have reliable
access to safe, affordable drinking water.