BILL ANALYSIS Ó
SB 429
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Date of Hearing: June 18, 2013
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
SB 429 (Hernandez) - As Amended: June 6, 2013
SENATE VOTE : 36-0
SUBJECT : San Gabriel Basin Water Quality Authority
SUMMARY : Extends the San Gabriel Basin Water Quality Authority
(SGBWQA) from July 1, 2017 to July 1, 2030.
EXISTING LAW :
Establishes the San Gabriel Basin Water Quality Authority Act
(Act), which provides the following:
1)Requires the SGBWQA to develop and adopt a groundwater quality
management and remediation plan that includes certain
components, such as characterization of basin contamination,
development and implementation of a comprehensive basin
cleanup plan, a financing plan, and a public information and
participation plan.
2)Requires SGBWQA to provide a status report to the State Water
Resources Control Board (SWRCB) and the Los Angeles Regional
Water Quality Control Board (LARWQCB) every six months on
activities undertaken pursuant to the basin groundwater
quality management and remediation plan. The report must
include certain information, such as an overview of
contamination, coordination with other agencies, funding from
potentially responsible parties and other sources, status of
certain plans, and project activities information.
3)Requires SWRCB to provide a biennial report, in consultation
with the LARWQCB, on the SGBWQA's progress in implementing the
Act, including any recommendations for improving the SGBWQA's
progress.
4)The San Gabriel Basin Water Quality Authority Act sunsets on
July 1, 2017.
FISCAL EFFECT : Undetermined.
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COMMENTS :
1)Need for the bill . According to the sponsors of the bill, the
SGBWQA, this bill is needed "To continue protecting residents
and businesses in the communities of the San Gabriel Valley
through its ongoing efforts to cleanup the regional
groundwater supply, the SBGWQA has an urgent and compelling
need to extend its legislatively granted charter from the
current sunset date of 2017 to 2030."
The author states that, "This extension provides incentive to
the Potentially Responsible Parties (PRPs), as well as the US
Environmental Protection Agency (US EPA), to finish
negotiating settlement agreements and allocate project
funding. The PRPs and federal agencies would otherwise be
cautious to enter into final terms and conditions with an
entity that could disappear or change in three years. All
parties need to know they are negotiating with a long-term
agency that possesses renewed authority and responsibility.
In terms of dollars and impact, SGBWQA estimates the value of
the operating agreement extension to be a minimum of $400-$500
million in funding from PRPs and others for cleanup projects
over the life of the bill.
An extension gives sufficient time to achieve the dual goals
of cleaning-up groundwater and to replenish regional
groundwater supplies."
2)The San Gabriel Valley Superfund site . According to the US
EPA, the San Gabriel Valley Area 1 Superfund Site was placed
on the National Priorities List in 1984 and overlays
approximately eight square miles of solvent-tainted
groundwater in the areas of South El Monte, El Monte and
Rosemead. The San Gabriel Valley is a suburban,
largely-developed portion of Los Angeles County containing
more than one million residents and covering more than 170
square miles.
Four areas of groundwater contamination in San Gabriel Valley
have been placed on US EPA's National Priorities List. The
South El Monte cleanup project (Operable Unit) is part of the
San Gabriel Valley Area 1 Superfund Site, and addresses
contaminated groundwater under the cities of South El Monte,
El Monte, and Rosemead. The groundwater contamination is the
SB 429
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result of decades of poor chemical handling and disposal
practices by hundreds of industrial facilities. The primary
chemical contaminants in the Site's groundwater are
tetrachloroethene (PERC) and trichloroethene (TCE), both
industrial solvents; 1, 4-dioxane, used as a stabilizer in
chlorinated industrial solvents; and perchlorate, used in
fireworks and rocket fuel. EPA's ongoing remedy includes
extracting and treating contaminated groundwater.
Groundwater continues to be an important source of drinking
water to residents and businesses in the San Gabriel Valley.
Local water utilities continue to pump water from clean areas
and in locations affected by the pollution have installed
water treatment equipment to remove the pollutants.
US EPA signed an interim Record of Decision with the goal of
containing contaminated groundwater at the site in 2000 and
issued an Explanation of Significant Differences to address
new contaminants in 2005. The San Gabriel Basin Water Quality
Authority implements the cleanup under a Cooperative Agreement
with US EPA. The agreement funds groundwater extraction and
treatment systems operated by the City of Monterey Park, San
Gabriel Valley Water Company, and Golden State Water Company.
3)Length of Sunset . The proposed extension of the San Gabriel
Basin Water Quality Authority to 2030 would be a 13 year
extension of the agency is authority. The pervious extension
approved in 2007 was limited to 7 years. The increased sunset
date by 13 years is based on the anticipated length of
contracts currently under negotiations for the recovery from
responsible parties for cleanup cost.
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4)Prior Legislation :
SB 1679 (Russell, Chapter 776, Statutes of 1992), enacted the
San Gabriel Basin Water Quality Authority Act. The State
Water Resources Control Board and Los Angeles Regional Water
Quality Control Board had investigated the groundwater
conditions since 1979.
AB 1010 (Hernandez, Chapter 404, Statutes of 2007), extended
the sunset for the SGBWQA from 2010 to 2017, requires routine
updates of the authority's Internet Web site, and requires
routine reporting.
REGISTERED SUPPORT / OPPOSITION :
Support
San Gabriel Basin Water Quality Authority (Sponsor)
Association of California Water Agencies
California Water Association
Central Basin Municipal Water District
San Gabriel Valley Municipal Water District
San Gabriel Valley Water Association
Walnut Valley Water District
Opposition
None received.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965