BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1531|
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                                       CONSENT


          Bill No:  AB 1531
          Author:   Committee on Environmental Safety and Toxic Materials   

          Amended:  8/18/15 in Senate
          Vote:     21  

           SENATE ENVIRONMENTAL QUAL. COMMITTEE:  6-0, 7/1/15
           AYES:  Wieckowski, Bates, Hill, Jackson, Leno, Pavley
           NO VOTE RECORDED:  Gaines

          SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  78-0, 5/14/15 (Consent) - See last page for  
            vote

           SUBJECT:   State Water Resources Control Board


          SOURCE:    Author

          DIGEST:  This bill makes numerous changes and corrections to the  
          California Safe Drinking Water Act (SDWA) and the Clean Water  
          Act carried out by the State Water Resources Control Board  
          (SWRCB).

          ANALYSIS:      
          
          Existing law:  

           1) Establishes the SDWA to govern the state's drinking water  
             program and to be the delegated authority by the United  
             States Environmental Protection Agency for enforcement of the  
             federal SDWA.

           2) Establishes the Drinking Water Program (DWP) within the  








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             SWRCB to regulate public drinking water systems and enforce  
             federal and state drinking water acts.

           3) Transfers the DWP from the California Department of Public  
             Health (DPH) to the SWRCB.

           4) Establishes the Safe Drinking Water Small Community  
             Emergency Grant Fund and authorizes the SWRCB to assess an  
             annual charge to be deposited in this Fund in lieu of  
             interest that would otherwise be charged on Safe Drinking  
             Water State Revolving Fund (SDWSRF) loans.

           5) Establishes the Porter-Cologne Water Quality Act, which  
             provides for:

              a)    Establishment of water quality policy;

              b)    Enforcement of water quality standards for both  
                surface and ground water; and

              c)    Regulating of discharges of pollutants from point and  
                non-point sources. 

           6) Provides that the SWRCB and nine Regional Water Quality  
             Control Boards are the principal state agencies with the  
             responsibility for controlling water quality in California.

          This bill makes numerous changes and corrections to the SDWA and  
          the Clean Water Act carried out by the SWRCB.  Specifically,  
          this bill:  

           1) Consolidates into one section provisions of existing law  
             that require state and local agencies that are subject to  
             regulation by the SWRCB to pay water quality and/or drinking  
             water regulatory fees.  

           2) Conforms SDWSRF requirements to Clean Water State Revolving  
             Fund requirements by providing express authority to municipal  
             borrowers to take loans from the SDWSRF.

           3) Corrects outdated references to the DPH that should instead  
             reference the SWRCB for the DWP.








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           4) Authorizes the SWRCB to adopt emergency regulations for  
             regulatory changes necessary to conform state regulations to  
             federal requirements in order to maintain program authority  
             under the federal SDWA.  

           5) Authorizes the SWRCB to adopt regulations on the use of  
             point-of-entry (POE) and point-of-use (POU) treatment devices  
             by public water systems.

           6) Provides procedures for appealing SDWA regulatory actions to  
             the SWRCB.  The Legislature transferred the SDWA program from  
             the DPH to the SWRCB in 2014.  

           7) Provides consistency between the SWRCB's authority to  
             require documents and test results from water providers  
             regulated under the SDWA with dischargers to waters of the  
             state under the Porter-Cologne Water Quality Control Act.  

           8) Requires public water systems to provide to the SWRCB  
             drinking water test results, reports, and other information  
             necessary to carry out its responsibilities under the state  
             SDWA within 15 days of receiving a request from an authorized  
             representative of the SWRCB. 

           9) Corrects outdated references to the Department of Fish and  
             Wildlife.

           10)Allows the SWRCB increased flexibility to set interest rates  
             in the SDWSRF  program.

           11)Establishes the "Safe Drinking Water State Revolving Fund  
             Administration Fund" in order to provide a place for the  
             SWRCB to deposit the funds that it is already allowed to  
             collect on safe drinking water loans in lieu of interest to  
             pay for administrative costs.  

           12)Makes technical modifications to the Clean Water State  
             Revolving Fund statute to be consistent with the recently  
             enacted federal Water Resources Reform and Development Act of  
             2014.









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          Comments
          
          1)Purpose of bill.  According to author, "This proposal would  
            make a variety of technical changes to provisions in the Water  
            Code and Health and Safety Code, including eliminating  
            outdated provisions of law, correcting erroneous cross  
            references, and providing statutory and regulatory authority  
            to conform state drinking water and water quality requirements  
            with federal requirements.  Additionally, as follow up to  
            recent legislation that transferred the Safe Drinking Water  
            Program from the Department of Public Health to the State  
            Water Resources Control Board, this proposal would make  
            several statutory changes to improve the efficiency and  
            effectiveness of the Safe Drinking Water Regulatory Program."

            The proposed technical cleanup was the result of finding  
            "provisions of the Water Code and Health and Safety Code  
            administered by the State Water Board that have erroneous  
            cross-references, are inconsistent with subsequently enacted  
            legislation or with corresponding federal legislation, or are  
            otherwise in need of technical correction.  These outdated  
            provisions restrict the State Water Board's abilities to  
            effectively implement the laws as intended and result in  
            ambiguities in the law that can result in increased  
            litigation.  Additionally, as a result of the transfer of the  
            Safe Drinking Water Program from the California Department of  
            Public Health to the State Water Board pursuant to SB 861  
            (Budget Committee), (Chapter 35, Statutes of 2014), the State  
            Water Board has identified several statutory changes that are  
            needed to help improve the efficiency and effectiveness of  
            administering the drinking water program."

          FISCAL EFFECT:   Appropriation:    Yes         Fiscal  
          Com.:YesLocal:   Yes


          SUPPORT:   (Verified8/18/15)


          None received










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          OPPOSITION:   (Verified8/18/15)


          None received


           ASSEMBLY FLOOR:  78-0, 5/14/15
           AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
           NO VOTE RECORDED: Linder, Medina




          Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
          8/19/15 20:43:02


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