BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Bob Wieckowski, Chair
2015 - 2016 Regular
Bill No: SB 552 Hearing Date: 4/29/2015
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|Author: |Wolk |
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|Version: |4/16/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Rachel Machi Wagoner |
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Subject: Public water systems: disadvantaged communities:
drinking water standards
ANALYSIS:
Existing law, under the California Safe Drinking Water Act,
1. Requires the State Water Resources Control Board (SWRCB) to
administer provisions relating to the regulation of drinking
water to protect public health, including, but not limited
to, conducting research, studies, and demonstration programs
relating to the provision of a dependable, safe supply of
drinking water, enforcing the federal Safe Drinking Water
Act, adoption of enforcement regulations, and conducting
studies and investigations to assess the quality of water in
domestic water supplies.
2. Requires SWRCB to ensure that all public water systems are
operated in compliance with the act.
This bill:
1. Requires, by January 1, 2017, SWRCB to develop a report
identifying specific funding and enforcement mechanisms
necessary to ensure disadvantaged communities have water
systems that are in compliance with state and federal
drinking water standards.
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2. Require the report to identify specific legislative and
administrative actions necessary to bring disadvantaged
communities into compliance with safe drinking water
standards.
Background
1. Transfer of the Drinking Water Program.
SB 861 (Committee on Budget and Fiscal Review), Chapter 35,
Statutes of 2014, transferred the Drinking Water Program from
the California Department of Public Health (DPH) to SWRCB,
giving SWRCB primary enforcement authority (primacy) to
enforce federal and state safe drinking water acts, and is
responsible for the regulatory oversight of about 8,000
public water systems throughout the state.
The 2014-15 Budget Act and SB 861 transferred $200.3 million ($5
million General Fund) and 291.2 positions for the administration
of the Drinking Water Program from DPH to SWRCB.
The goal of Transferring the Drinking Water Program was to
achieve the following objectives:
Establish a single water quality agency to
enhance accountability for water quality issues.
Better provide comprehensive technical and
financial assistance to help communities, especially
small disadvantaged communities, address an array of
challenges related to drinking water, wastewater,
water recycling, pollution, desalination, and storm
water.
Improve the efficiency and effectiveness of
drinking water, groundwater, water recycling, and
water quality programs.
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1. Safe Drinking Water Plan for California.
In 1993, the California Department of Health Services (DHS)
(now DPH) submitted to the Legislature the report entitled,
"Drinking Water into the 21st Century: Safe Drinking Water
Plan for California" (1993 Plan). In 1996, the Legislature
enacted SB 1307 (Calderon), Chapter 755, Statutes of 1996,
requiring a periodic update of the original Plan.
DPH assembled a team of experts that conducted extensive
reviews and analyses, resulting in a draft plan that included
an overview of drinking water regulation, reviews and plans
for drinking water quality/monitoring and threats, treatment
technologies, funding aspects and financial assistance, and a
focus on the challenges faced by small drinking water
systems.
Following the July 1, 2014 transition of the Drinking Water
Program to the SWRCB, the draft plan's recommendations and
implementation plan has been enhanced based on the synergies
and resources resulting from incorporation of the program
into SWRCB.
The Safe Drinking Water Plan for California includes SWRCB's
assessment of the overall quality of the state's drinking
water, the identification of specific water quality problems,
an analysis of the known and potential health risks that may
be associated with drinking water contamination in
California, and specific recommendations to improve drinking
water quality. The final version of the plan is due to be
released within the next few months.
2. The Water Quality, Supply, and Infrastructure Improvement Act
of 2014 (Proposition 1).
Proposition 1, approved by the voters in November, 2014,
authorizes $7.12 billion in general obligation bonds for
state water supply infrastructure projects, such as public
water system improvements, surface and groundwater storage,
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drinking water protection, water recycling and advanced water
treatment technology, water supply management and conveyance,
wastewater treatment, drought relief, emergency water
supplies, and ecosystem and watershed protection and
restoration.
A. Clean, Safe and Reliable Drinking Water. Proposition
1 authorizes $520 million for expenditures, grants and
loans for projects that improve water quality or help
provide clean, safe, and reliable drinking water to all
Californians and provides that the projects eligible for
funding pursuant to this section shall help improve water
quality for a beneficial use. The purposes of this
section are to:
Reduce contaminants in drinking water
supplies regardless of the source of the water or
the contamination.
Assess and prioritize the risk of
contamination to drinking water supplies.
Address the critical and immediate needs
of disadvantaged, rural, or small communities that
suffer from contaminated drinking water supplies,
including, but not limited to, projects that
address a public health emergency.
Leverage other private, federal, state,
and local drinking water quality and wastewater
treatment funds.
Reduce contaminants in discharges to, and
improve the quality of, waters of the state.
Prevent further contamination of drinking
water supplies.
Provide disadvantaged communities with
public drinking water infrastructure that provides
clean, safe, and reliable drinking water supplies
that the community can sustain over the long term.
Ensure access to clean, safe, reliable,
and affordable drinking water for California's
communities.
Meet primary and secondary safe drinking
water standards or remove contaminants identified
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by the state or federal government for development
of a primary or secondary drinking water standard.
The funds are to be allocated as follows:
(1) $260 million shall be available for deposit
into in the State Water Pollution Control Revolving
Fund Small Community Grant Fund for grants for
wastewater treatment projects. Priority shall be
given to projects that serve disadvantaged
communities and severely disadvantaged communities,
and to projects that address public health hazards.
Projects may include, but not be limited to, projects
that identify, plan, design, and implement regional
mechanisms to consolidate wastewater systems or
provide affordable treatment technologies.
(2) $260 million shall be available for grants and
loans for public water system infrastructure
improvements and related actions to meet safe
drinking water standards, ensure affordable drinking
water, or both. Priority shall be given to projects
that provide treatment for contamination or access to
an alternate drinking water source or sources for
small community water systems or state small water
systems in disadvantaged communities whose drinking
water source is impaired by chemical and nitrate
contaminants and other health hazards identified by
the State Water Resources Control Board.
(3) Specifies that at least 10% of the funds must
be allocated for severely disadvantaged communities
and up to 15% of the funds must be allocated for
technical assistance to disadvantaged communities.
Comments
1. Purpose of Bill.
According to the author, "over one million Californians still
lack access to clean affordable drinking water and wastewater
treatment. Many of these Californians live in small
communities with limited ability to finance construction,
operations and maintenance of drinking water and wastewater
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facilities. While Proposition 1 will help fund some
construction in these communities, there are still
significant technical, administrative, governance and
long-term affordability barriers to providing these
Californians safe and reliable water."
2. The SWRCB's Safe Drinking Water Plan for California gives an
overview of drinking water regulation, reviews and plans for
drinking water quality/monitoring and threats, treatment
technologies, funding aspects and financial assistance, and a
focus on the challenges faced by small drinking water
systems. However, the plan does not have specific
recommendations on how to remedy one of the greatest barriers
for small, disadvantaged communities: the financial obstacle
of meeting technical, managerial and maintenance expenses.
Requiring SWRCB to report to the Legislature with
recommendations specifically addressing this obstacle will
assist the Legislature in developing solutions for these
communities.
3. The author's background document states that there are likely
further amendments to this bill, as the author is working
with a broad group of stakeholders. The committee should
hear this legislation again if further amendments are taken.
SOURCE: Author
SUPPORT:
California Catholic Conference, Inc.
California Coastal Protection Network
California Food Policy Advocates
Clean Water Action
Community Water Center
Environmental Working Group
Leadership Counsel for Justice and Accountability
National Association of Social Workers - California Chapter
Sierra Club California
OPPOSITION:
None on file
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