BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 552|
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THIRD READING
Bill No: SB 552
Author: Wolk (D)
Amended: 4/16/15
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 4/29/15
AYES: Wieckowski, Gaines, Hill, Jackson, Leno, Pavley
NO VOTE RECORDED: Bates
SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/28/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NO VOTE RECORDED: Bates, Nielsen
SUBJECT: Public water systems: disadvantaged communities:
drinking water standardsPublic water systems:
disadvantaged communities: drinking water standards.
SOURCE: Author
DIGEST: This bill requires the State Water Resources Control
Board (SWRCB) to report to the Legislature on recommendations
for solutions to the managerial, technical and maintenance fund
hurdle that small, disadvantaged communities face in building
and maintaining water treatment facilities and thereby obtaining
funding to do so.
ANALYSIS:
Existing law, under the California Safe Drinking Water Act:
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1)Requires the 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 the SWRCB to ensure that all public water systems are
operated in compliance with the act.
This bill:
1) Requires, by January 1, 2017, the 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.
2) Requires the report to identify specific legislative and
administrative actions necessary to bring disadvantaged
communities into compliance with safe drinking water
standards.
Background
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 the SWRCB, giving the 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 the DPH to the SWRCB.
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The goal of Transferring the Drinking Water Program was to
achieve the following objectives:
1)Establish a single water quality agency to enhance
accountability for water quality issues.
2)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.
3)Improve the efficiency and effectiveness of drinking water,
groundwater, water recycling, and water quality programs.
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 the
SWRCB.
The Safe Drinking Water Plan for California includes the SWRCB's
assessment of the overall quality of the state's drinking water,
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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.
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, 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.
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:
1) Reduce contaminants in drinking water supplies regardless of
the source of the water or the contamination.
2) Assess and prioritize the risk of contamination to drinking
water supplies.
3) 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.
4) Leverage other private, federal, state, and local drinking
water quality and wastewater treatment funds.
5) Reduce contaminants in discharges to, and improve the quality
of, waters of the state.
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6) Prevent further contamination of drinking water supplies.
7) 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.
8) Ensure access to clean, safe, reliable, and affordable
drinking water for California's communities.
9) Meet primary and secondary safe drinking water standards or
remove contaminants identified 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 SWRCB.
3)Specifies that at least 10% of the funds must be allocated for
severely disadvantaged communities and up to 15% of the funds
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must be allocated for technical assistance to disadvantaged
communities.
Comments
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 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."
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.
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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee:
One-time costs of $280,000 from the Safe Drinking Water
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Account (special) to the board to create the required report.
Unknown cost pressures, likely in the millions of dollars, to
the Safe Drinking Water Account (special) to implement the
report.
SUPPORT: (Verified5/28/15)
California Catholic Conference, Inc.
California Coastal Protection Network
California Food Policy Advocates
Clean Water Action
Community Water Center
Environmental Working Group
Friends of the River
Leadership Counsel for Justice and Accountability
League of Women Voters
National Association of Social Workers - California Chapter
Rural Community Assistance Corporation
Sierra Club California
Valley CAN
OPPOSITION: (Verified5/28/15)
None received
Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
5/31/15 12:17:57
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