BILL NUMBER: AB 467	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Stone

                        FEBRUARY 19, 2013

   An act to add Division 30.5 (commencing with Section 81100) to the
Water Code, relating to water quality.


	LEGISLATIVE COUNSEL'S DIGEST


   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 the  State Water
Resources Control Board   state board  , 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 the  State Water Resources Control Board
  state board  , upon appropriation, to expend
 money   moneys  from the fund for various
purposes generally relating to groundwater and water quality. 
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.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Division 30.5 (commencing with Section 81100) is added
to the Water Code, to read:

      DIVISION 30.5.  Freshwater Protection Act


   81100.  (a) There is in the State Treasury a Freshwater Protection
Fund.
   (b) The Treasurer may receive money or other assets from any
source for deposit into the fund, including gifts, grants, and
bequests.
   (c) Moneys in the fund at the close of the fiscal year shall
remain in the fund and shall not revert to the General Fund.
   (d) The board shall be the administrator of the fund for auditing
purposes.
   (e) The board shall expend  money   moneys
 from the fund, upon appropriation by the Legislature, only for
one or more of the following purposes:
   (1) Direct assistance.
   (2) Indirect assistance.
   (3) Emergency response and removal of potential sources of
contamination.
   (4) Natural resource protection.
   (5) Administrative costs. Expenditures pursuant to this paragraph
shall not exceed 20 percent of the annual appropriation from the
fund. 
   (f) The board shall, in expending moneys from the fund, prioritize
programs that provide drinking water solutions for disadvantaged and
severely disadvantaged communities. 
   81101.  (a) "Administrative costs" includes, but is not limited
to, costs incurred during any of the following:
   (1) Groundwater monitoring for fertilizers.
   (2) Development and enforcement of natural resource protection
rules.
   (3) Coordination of programs under this division with the United
States Environmental Protection Agency and state programs to protect
human and environmental health.
   (4) Management of fertilizer sales information.
   (b) "Direct assistance" includes, but is not limited to, any of
the following: 
   (1) Programs that provide sustainable, affordable, accessible
drinking water solutions for disadvantaged and severely disadvantaged
communities, including those communities served by drinking water
systems between 2 and 14 connections and by private wells. 

   (1) 
    (   2)  Programs that provide for alternate
 drinking  water supplies  or treatment  ,
including consolidation with an existing noncontaminated water
system. 
   (2) 
    (   3)  Programs that provide for closure of
wells that may impact groundwater, such as abandoned, improperly
constructed, or drainage wells. 
   (3) 
    (   4)  Programs devoted to integrated natural
resources conservation that encourage the judicious use of
fertilizers and other agricultural inputs and practices that are
protective of water quality. 
   (4) 
    (   5)  Programs that provide monitoring of
private wells to detect fertilizers or fertilizers with other
contaminants. 
   (5) 
    (   6)  Programs that enhance investment of
private and federal funds in fertilizer management and remediation
for freshwater protection. 
   (6) 
    (   7)  Programs that provide verification of
actions taken pursuant to this section. 
   (7) 
    (   8)  Other programs established pursuant to
this division.
   (c) "Indirect assistance" includes, but is not limited to, any of
the following:
   (1) Programs that provide education about fertilizers and
fertilizer management.
   (2) Programs that provide technical assistance on fertilizers and
fertilizer management.
   (3) Programs that provide for the promotion and implementation of
onsite evaluation systems and freshwater protection practices.
   (4) Research programs for the determination of the impacts of
alternate management practices.
   (5) Research programs for the determination of natural resources
sensitivity and vulnerability to contamination.