BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1263  


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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1263  
          (Wieckowski) - As Amended June 29, 2016


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          |Policy       |Environmental Safety and Toxic |Vote:|5 - 0        |
          |Committee:   |Materials                      |     |             |
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          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |Water, Parks and Wildlife      |     |10 - 4       |
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          |             |                               |     |             |
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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill requires a person submitting an application for a  
          permit for a proposed new public water system to first submit a  
          preliminary technical report to the State Water Resources  
          Control Board (SWRCB) at least six months before initiating  
          construction of any water-related development.  Specifically,  
          this bill:  









                                                                    SB 1263  


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          1)Requires the technical report to include an analysis of other  
            public water systems within three miles of the proposed new  
            system and the ability to connect to or utilize the resources  
            from those public water systems.  


          2)Requires the technical report to include an analysis of all  
            water supplies for the proposed new public water system and  
            the ability to meet 20-year water demand under a variety of  
            hydrologic conditions.  


          3)Authorizes SWRCB to deny a permit if it is feasible to connect  
            to an existing system or if the new system is unsustainable.


          4)Authorizes SWRCB to direct the applicant to engage in  
            negotiations to receive services from existing water systems.


          5)Subjects the ability of a local primacy agency to issue a  
            permit for a public water system to SWRCB oversight.


          6)Prohibits a city or county from issuing a building permit for  
            new residential development when the proposed water supply is  
            bottled water, transported by a water hauler, or provided by a  
            water-vending machine or a retail water facility.


          FISCAL EFFECT:


          SWRCB costs are minor and absorbable.


          COMMENTS:









                                                                    SB 1263  


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          1)Purpose.  According to the author, this bill will limit the  
            proliferation of new, unsustainable public water systems by  
            creating a strengthened review process for new system  
            applications. The author further notes, with its requirements  
            for a preliminary technical report, this bill will strengthen  
            the public water system permitting process by systematizing  
            and making more transparent the analytical due diligence than  
            developers typically do.


          2)Background. SB 861 (Committee on Budget and Fiscal Review,  
            Chapter 35, Statutes of 2014) transferred the Drinking Water  
            Program from the Department of Public Health (DPH) to SWRCB  
            effective July 1, 2014, creating the new Division of Drinking  
            Water within SWRCB, and made other statutory changes to create  
            efficiencies.


            SWRCB directly enforces the federal Safe Drinking Water Act  
            for all large water systems (those with 200 or more service  
            connections). For small water systems (those with less than  
            200 connections), local health departments can be delegated  
            regulatory authority as the local primacy agency.


            The SWRCB estimates that 500 communities rely on public water  
            systems that do not meet drinking water standards.  Drinking  
            water contamination disproportionally affects disadvantaged  
            communities that rely on groundwater as their drinking water  
            source.  Many small communities do not have the technical,  
            managerial, or financial capability to operate what can be  
            complex drinking water systems.


            The bill gives SWRCB the authority to deny a permit if a  
            determination is made that the proposed new system will not be  
            sustainable into the future.









                                                                    SB 1263  


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          Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081