BILL NUMBER: AB 1527 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 20, 2014
AMENDED IN SENATE JUNE 26, 2014
AMENDED IN SENATE JUNE 9, 2014
AMENDED IN ASSEMBLY APRIL 9, 2014
AMENDED IN ASSEMBLY MARCH 17, 2014
INTRODUCED BY Assembly Member Perea
JANUARY 17, 2014
An act to amend add Section
116760.70 of 116760.40.5 to the Health and
Safety Code, relating to public water systems.
LEGISLATIVE COUNSEL'S DIGEST
AB 1527, as amended, Perea. Public water systems: Safe Drinking
Water State Revolving Fund.
Existing law, the Safe Drinking Water State Revolving Fund Law of
1997, establishes the Safe Drinking Water State Revolving Fund to
provide grants or revolving fund loans for the design and
construction of projects for public water systems that will enable
those systems to meet safe drinking water standards. Existing
law, operative July 1, 2014, law
requires the State Water Resources Control Board to implement this
law pursuant to the adoption of a policy handbook. Existing
law, operative on July 1, 2014, and repealed as of January 1 of the
next calendar year occurring after the board provides notice to the
Legislature and the Secretary of State and posts notice on its
Internet Web site that the board has adopted a policy handbook,
requires the board to establish a priority list of proposed projects
to be considered for funding.
This bill would require the board to give priority to
funding State Water Resources Control Board to provide
incentives for the consolidation of public water systems based
upon a service review developed by a local agency formation
commission. This bill would repeal these provisions as of
January 1 of the next calendar year occurring after the board
provides notice to the Legislature and the Secretary of State and
posts notice on its Internet Web site that the board has adopted a
policy handbook.
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. Section 116760.40.5 is added to the
Health and Safety Code , to read:
116760.40.5. (a) The board shall provide incentives for the
consolidation of public water systems based upon a service review
developed by a local agency formation commission pursuant to Section
56430 of the Government Code.
(b) This section is repealed as of January 1 of the next calendar
year occurring after the board provides notice to the Legislature and
the Secretary of State and posts notice on its Internet Web site
that the board has adopted a policy handbook pursuant to Section
116760.43.
SECTION 1. Section 116760.70 of the Health and
Safety Code is amended to read:
116760.70. (a) The board, after public notice and opportunity for
comment, shall, from time to time, establish a priority list of
proposed projects to be considered for funding under this chapter. In
doing so, the board shall determine if improvement or rehabilitation
of the public water system is necessary to provide pure, wholesome,
and potable water in adequate quantity and at sufficient pressure for
health, cleanliness, and other domestic purposes. The board shall
establish criteria for placing public water systems on the priority
list for funding that shall include criteria for priority list
categories. Priority shall be given to projects that meet all of the
following requirements:
(1) Address the most serious risk to human health.
(2) Are necessary to ensure compliance with requirements of
Chapter 4 (commencing with Section 116270) including requirements for
filtration.
(3) Assist systems most in need on a per household basis according
to affordability criteria.
(b) The board may, in establishing a new priority list, merge
those proposed projects from the existing priority list into the new
priority list.
(c) In establishing the priority list, the board shall consider
the system's implementation of an ongoing source water protection
program or wellhead protection program.
(d) In establishing the priority list categories and the priority
for funding projects, the board shall carry out the intent of the
Legislature pursuant to subdivisions (f) to (i), inclusive, of
Section 116760.10 and do all of the following:
(1) Give priority to upgrade an existing system to meet drinking
water standards.
(2) After giving priority pursuant to paragraph (1), consider
whether the applicant has sought other funds when providing funding
for a project to upgrade an existing system and to accommodate a
reasonable amount of growth.
(e) Consideration of an applicant's eligibility for funding shall
initially be based on the priority list in effect at the time the
application is received and the project's ability to proceed. If a
new priority list is established during the time the application is
under consideration, but before the applicant receives a letter of
commitment, the board may consider the applicant's eligibility for
funding based on either the old or new priority list.
(f) The board may change the ranking of a specific project on the
priority lists at any time following the publication of the list if
information, that was not available at the time of the publication of
the list, is provided that justifies the change in the ranking of
the project.
(g) The board shall provide one or more public hearings on the
Intended Use Plan, the priority list, and the criteria for placing
public water systems on the priority list. The board shall adopt an
Intended Use Plan and provide notice of the Intended Use Plan,
criteria, and priority list not less than 30 days before the adoption
of the Intended Use Plan. The Intended Use Plan, criteria, and
priority list shall not be subject to the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code.
(h) The board shall give priority funding to the consolidation of
public water systems based upon a service review developed by a local
agency formation commission pursuant to Section 56430 of the
Government Code.
(i) The requirements of this section do not constitute an
adjudicatory proceeding as defined in Section 11405.20 of the
Government Code and Section 11410.10 of the Government Code is not
applicable.
(j) This section shall become operative on July 1, 2014, and is
repealed as of January 1 of the next calendar year occurring after
the board provides notice to the Legislature and the Secretary of
State and posts notice on its Internet Web site that the board has
adopted a policy handbook pursuant to Section 116760.43.