BILL ANALYSIS Ó
AB 69
Page 1
ASSEMBLY THIRD READING
AB 69 (Perea)
As Introduced January 10, 2013
Majority vote
ENVIRONMENTAL SAFETY 5-2
APPROPRIATIONS 12-5
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|Ayes:|Alejo, Bloom, Perea, |Ayes:|Gatto, Bocanegra, |
| |Stone, Ting | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Holden, Pan, Quirk, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Dahle, Donnelly |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
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SUMMARY : Establishes the Nitrate at Risk Area Fund to fund
solutions for disadvantaged communities with
nitrate-contaminated drinking water. Specifically, this bill :
1)Establishes the Nitrate at Risk Area Fund in the State
Treasury, to be administered by the State Water Resources
Control Board (SWRCB), to, upon appropriation by the
Legislature, fund the development and implementation of
sustainable and affordable solutions for disadvantaged
communities with nitrate-contaminated drinking water.
2)Requires the California Department of Public Health (CDPH) in
conjunction with the SWRCB, to, using existing data, designate
areas that are reliant on nitrate-contaminated groundwater for
drinking water and that do not have reliable access to safe,
affordable drinking water.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, enactment of this bill would result in no direct
costs associated with the creation of the unfunded Nitrate at
Risk Area Fund. Any expenditures to or from the fund would
require a future appropriation. Enactment of this bill could
result in minor, absorbable costs to CDPH for identifying
disadvantaged communities.
AB 69
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COMMENTS :
Nitrates/nitrites and public health : Recent state studies show
that nitrate is one of California's most prevalent groundwater
contaminants. High concentrations of nitrate in groundwater are
primarily caused by human activities, including fertilizer
application (synthetic and manure), animal operations,
industrial sources (wastewater treatment and food processing
facilities), and septic systems. Agricultural fertilizers and
animal wastes applied to cropland are by far the largest
regional sources of nitrate in groundwater, although other
sources can be locally important.
Nitrite is a chemical similar to nitrate, and it comes from the
same sources as nitrate. Once consumed, nitrate is converted
into nitrite in the body. Nitrite can interfere with the
ability of red blood cells to carry oxygen to the tissues of the
body, producing a condition called methemoglobinemia. This is
of greatest concern in infants, whose immature stomach
environment enables the conversion of nitrate into nitrite that
is absorbed into the blood stream. The effects of nitrite are
often referred to as "blue baby syndrome." High nitrate levels
may also affect the oxygen-carrying ability of the blood of
pregnant women.
Nitrate contamination in California : A recent University of
California at Davis (UCD) report, Addressing Nitrate in
California's Drinking Water, showed that nitrate loading to
groundwater in the area is widespread and chronic, and is
overwhelmingly the result of crop and animal agricultural
activities. While the study only examined nitrate contamination
in the four-county Tulare Lake Basin and the Monterey County
portion of the Salinas Valley, its findings are helpful at
informing the discussion about nitrate contamination statewide.
The study indicated that about 2.6 million people in the study
region rely on groundwater for drinking water, including those
in some of the poorest communities in California. Nitrate
contamination is increasing and currently poses public health
concerns for about 254,000 people in the study area.
In addition to the UCD report, a recent SWRCB report identified
682 communities (excluding systems not regulated by the state),
serving more than 21 million people, which rely on groundwater
AB 69
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contaminated with one or more principal contaminants. The
report also identified areas with nitrate contamination.
Following the UCD report, the SWRCB submitted its final report
to the Legislature, Recommendations Addressing Nitrate in
Groundwater, on February 20, 2013, which focused on specific
solutions for addressing nitrate contamination in groundwater.
According to the report, "The most critical recommendation in
this report is that a new funding source be established to
ensure that all Californians, including those in disadvantaged
communities, have access to safe drinking water, consistent with
AB 685 [Eng, 2012]. The Legislature should provide a stable,
long-term funding source for provision of safe drinking water
for small disadvantaged communities. Funding sources include a
point-of-sale fee on agricultural commodities, a fee on nitrogen
fertilizing materials, or a water use fee. In addition, the
Legislature also should authorize CDPH to assess a fee in lieu
of interest on Safe Drinking Water State Revolving Fund loans,
or to assess other fees associated with these loans, to generate
funds for expanded assistance to water systems."
This bill creates a new fund, the Nitrate at Risk Area Fund, to
specifically support disadvantaged communities facing nitrate
contamination in their drinking water.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN: 0000138