AB 467, as amended, Stone. Freshwater Protection Act.
Under the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with authority over matters relating to water quality. The state board and the regional boards prescribe waste discharge requirements for the discharge of waste that could affect the quality of the waters of the state. Existing law authorizes local agencies to adopt groundwater management laws that include contamination cleanup provisions.
This bill would establish the Freshwater Protection Fund in the State Treasury, under the administration of thebegin delete State Water Resources Control Boardend deletebegin insert
state boardend insert, and would provide that money in the fund at the close of the fiscal year shall remain in the fund and shall not revert to the general fund. This bill would require thebegin delete State Water Resources Control Boardend deletebegin insert state boardend insert, upon appropriation, to expendbegin delete moneyend deletebegin insert moneysend insert from the fund for various purposes generally relating to groundwater and water quality.begin insert This bill would require the state board, in expending moneys from the fund, to prioritize programs that provide drinking water solutions for disadvantaged and
severely disadvantaged communities.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Division 30.5 (commencing with Section 81100)
2is added to the Water Code, to read:
3
(a) There is in the State Treasury a Freshwater
7Protection Fund.
8(b) The Treasurer may receive money or other assets from any
9source for deposit into the fund, including gifts, grants, and
10bequests.
11(c) Moneys in the fund at the close of the fiscal year shall remain
12in the fund and shall not revert to the General Fund.
13(d) The board shall be the administrator of the fund for auditing
14purposes.
15(e) The board shall expendbegin delete moneyend deletebegin insert
moneysend insert from the fund, upon
16appropriation by the Legislature, only for one or more of the
17following purposes:
18(1) Direct assistance.
19(2) Indirect assistance.
20(3) Emergency response and removal of potential sources of
21contamination.
22(4) Natural resource protection.
23(5) Administrative costs. Expenditures pursuant to this paragraph
24shall not exceed 20 percent of the annual appropriation from the
25fund.
26(f) The board shall, in expending moneys
from the fund,
27prioritize programs that provide drinking water solutions for
28disadvantaged and severely disadvantaged communities.
(a) “Administrative costs” includes, but is not limited
30to, costs incurred during any of the following:
31(1) Groundwater monitoring for fertilizers.
32(2) Development and enforcement of natural resource protection
33rules.
P3 1(3) Coordination of programs under this division with the United
2States Environmental Protection Agency and state programs to
3protect human and environmental health.
4(4) Management of fertilizer sales information.
5(b) “Direct
assistance” includes, but is not limited to, any of the
6following:
7(1) Programs that provide sustainable, affordable, accessible
8drinking water solutions for disadvantaged and severely
9disadvantaged communities, including those communities served
10by drinking water systems between 2 and 14 connections and by
11private wells.
12(1)
end delete
13begin insert(end insertbegin insert2)end insert Programs that provide for alternatebegin insert
drinkingend insert water supplies
14begin insert or treatmentend insert, including consolidation with an existing
15noncontaminated water system.
16(2)
end delete
17begin insert(end insertbegin insert3)end insert Programs that provide for closure of wells that may impact
18groundwater, such as abandoned, improperly constructed, or
19drainage wells.
20(3)
end delete
21begin insert(end insertbegin insert4)end insert Programs devoted to integrated natural resources
22conservation that encourage the judicious use of fertilizers and
23other agricultural inputs and practices that are protective of water
24quality.
25(4)
end delete
26begin insert(end insertbegin insert5)end insert Programs that provide monitoring of private wells to
detect
27fertilizers or fertilizers with other contaminants.
28(5)
end delete
29begin insert(end insertbegin insert6)end insert Programs that enhance investment of private and federal
30funds in fertilizer management and remediation for freshwater
31protection.
32(6)
end delete
33begin insert(end insertbegin insert7)end insert Programs that provide verification of actions taken pursuant
34to this section.
35(7)
end delete36begin insert(end insertbegin insert8)end insert Other programs established pursuant to this division.
37(c) “Indirect assistance” includes, but is not limited to, any of
38the following:
39(1) Programs that provide education about fertilizers and
40fertilizer management.
P4 1(2) Programs that provide technical assistance on fertilizers and
2fertilizer management.
3(3) Programs that provide for the promotion and implementation
4of onsite evaluation systems and freshwater protection practices.
5(4) Research programs for the determination of the impacts of
6alternate management practices.
7(5) Research programs for the determination of natural resources
8sensitivity and vulnerability to contamination.
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