AB 467,
as amended, Stone. begin deleteFreshwater Protection Act. end deletebegin insertFertilizer Inspection Advisory Board.end insert
Existing law governs the manufacture and distribution of fertilizing materials, as defined, including licensing, labeling, and inspection, and requires the Secretary of Food and Agriculture to enforce these provisions. Existing law establishes, within the Department of Food and Agriculture, the Fertilizer Inspection Advisory Board to advise the secretary and make recommendations on all matters pertaining to these provisions, as specified. The board consists of 9 persons appointed by the secretary, 8 of whom are required to be licensed pursuant to these provisions and subject to the payment of a specified inspection fee, and one of whom is required to be a public member.
end insertbegin insertThis bill would revise the composition of the board to require only 3 members of the board to be licensed pursuant to these provisions and subject to the payment of the inspection fee. The bill would require the board to be composed of 3 farmers or farmer representatives, at least one of whom is an organic farmer or the representative of an organic farming program, one member who represents the academic community, one member who is an environmental expert with knowledge relevant to the board’s function, and one public member who represents a community whose primary source of drinking water exceeds the maximum contaminant level for nitrate.
end insertUnder 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.
end deleteThis bill would establish the Freshwater Protection Fund in the State Treasury, under the administration of the 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 board, upon appropriation, to expend 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.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 14581 of the end insertbegin insertFood and Agricultural Codeend insert
2begin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insertThere is, in the department, a Fertilizer Inspection
4Advisory Board consisting of nine persons appointed by the
5secretary,begin delete eight of whom shall be licensed under this chapter and begin insert which
6subject to the payment of the inspection fee in accordance with
7this chapter, and one of whom shall be a public member. Theend delete
8shall be composed of the following individuals:end insert
9(1) Three members who are licensed under this chapter and
10subject to payment of the inspection fee.
P3 1(2) Three members who are farmers or farmer representatives,
2at least one of whom is an organic farmer or a representative of
3an organic farming program.
4(3) One member who represents the academic community.
end insertbegin insert
5(4) One member who is an environmental expert with knowledge
6relevant to the board’s function.
7(5) One member of the public who represents a community
8whose primary source of drinking water exceeds the maximum
9contaminant level for nitrate.
10begin insert(b)end insertbegin insert end insertbegin insertTheend insert members of the board shall receive no compensation,
11but are entitled to payment of necessary traveling expenses in
12accordance with the rules of the Department of Human Resources.
13These expenses shall be paid out of appropriations made to the
14department pursuant to this chapter.
Division 30.5 (commencing with Section 81100)
16is added to the Water Code, to read:
17
(a) There is in the State Treasury a Freshwater
21Protection Fund.
22(b) The Treasurer may receive money or other assets from any
23source for deposit into the fund, including gifts, grants, and
24bequests.
25(c) Moneys in the fund at the close of the fiscal year shall remain
26in the fund and shall not revert to the General Fund.
27(d) The board shall be the administrator of the fund for auditing
28purposes.
29(e) The board shall expend moneys from the fund, upon
30appropriation by the Legislature,
only for one or more of the
31following purposes:
32(1) Direct assistance.
33(2) Indirect assistance.
34(3) Emergency response and removal of potential sources of
35contamination.
36(4) Natural resource protection.
37(5) Administrative costs. Expenditures pursuant to this paragraph
38shall not exceed 20 percent of the annual appropriation from the
39fund.
P4 1(f) The board shall, in expending moneys from the fund,
2prioritize programs that provide drinking water solutions for
3disadvantaged and severely disadvantaged
communities.
(a) “Administrative costs” includes, but is not limited
5to, costs incurred during any of the following:
6(1) Groundwater monitoring for fertilizers.
7(2) Development and enforcement of natural resource protection
8rules.
9(3) Coordination of programs under this division with the United
10States Environmental Protection Agency and state programs to
11protect human and environmental health.
12(4) Management of fertilizer sales information.
13(b) “Direct
assistance” includes, but is not limited to, any of the
14following:
15(1) Programs that provide sustainable, affordable, accessible
16drinking water solutions for disadvantaged and severely
17disadvantaged communities, including those communities served
18by drinking water systems between 2 and 14 connections and by
19private wells.
20(2) Programs that provide for alternate drinking water supplies
21or treatment, including consolidation with an existing
22noncontaminated water system.
23(3) Programs that provide for closure of wells that may impact
24groundwater, such as abandoned, improperly constructed, or
25drainage wells.
26(4) Programs devoted to integrated natural resources
27
conservation that encourage the judicious use of fertilizers and
28other agricultural inputs and practices that are protective of water
29quality.
30(5) Programs that provide monitoring of private wells to detect
31fertilizers or fertilizers with other contaminants.
32(6) Programs that enhance investment of private and federal
33funds in fertilizer management and remediation for freshwater
34protection.
35(7) Programs that provide verification of actions taken pursuant
36to this section.
37(8) Other programs established pursuant to this division.
38(c) “Indirect assistance” includes, but is not limited to, any of
39the
following:
P5 1(1) Programs that provide education about fertilizers and
2fertilizer management.
3(2) Programs that provide technical assistance on fertilizers and
4fertilizer management.
5(3) Programs that provide for the promotion and implementation
6of onsite evaluation systems and freshwater protection practices.
7(4) Research programs for the determination of the impacts of
8alternate management practices.
9(5) Research programs for the determination of natural resources
10sensitivity and vulnerability to contamination.
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