BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 153|
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THIRD READING
Bill No: AB 153
Author: Hernandez (D), et al
Amended: 8/30/10 in Senate
Vote: 27 - Urgency
SENATE NATURAL RES. & WATER COMMITTEE : 6-1, 8/18/10
AYES: Pavley, Cogdill, Hollingsworth, Huff, Kehoe, Padilla
NOES: Wolk
NO VOTE RECORDED: Lowenthal, Simitian
SENATE APPROPRIATIONS COMMITTEE : 8-3, 8/27/10
AYES: Kehoe, Ashburn, Alquist, Emmerson, Leno, Price,
Walters, Wyland
NOES: Corbett, Wolk, Yee
SUBJECT : Safe, Clean, and Reliable Drinking Water Supply
Act of
2012: groundwater contamination
SOURCE : San Gabriel Valley Water Quality Authority
DIGEST : This bill changes the criteria for spending $100
million from a proposed water bonds. Specifically, this
bill expands the allowed uses of bond funds for groundwater
cleanup to include non-construction costs.
ANALYSIS : Existing law creates the Safe, Clean, and
Reliable Drinking Water Supply Act of 2012, which, if
approved by the voters, authorize the issuance of bonds in
the amount of $11.140 billion pursuant to the State General
CONTINUED
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Obligation Bond Law to finance a safe drinking water and
water supply reliability program.
The bond act, among other things, make $1 billion available
upon appropriation by the Legislature, for expenditures,
grants, and loans for projects to prevent or reduce the
contamination of groundwater that serves as a source of
drinking water, and requires funds appropriated pursuant to
that authority to be available to the Department of Public
Health (DPH) for groundwater contamination projects. Of
that amount, the bond act requires not less than $100
million to be available for projects that meets prescribed
requirements and criteria, including addressing
contamination at a site on a specified list maintained by
the Department of Toxic Substances control or a site listed
on the National Priorities List.
This bill changes the provisions governing Section 79770(d)
of the water bond. It removes the restriction that the
funds be used for "projects" authorized by funding by that
subdivision, and instead allow the funds to be used for
"costs associated with projects, programs, or activities,
authorized for funding by that subdivision.
Background
A part of the water package passed in the 2009-10 7th
Extraordinary Session was SBX7 2 (Cogdill). That bill
enacted the Safe, Clean and Reliable Drinking Water supply
Act of 2010, which, if approved by the voters in November
2010, authorizes $11.4 billion in general obligation bonds
to fund various water resources programs and projects.
Chapter 10 of the water bond provides $1 billion for
expenditures, grants, and loans for projects to prevent or
reduce the contamination of groundwater that serves as a
source of drinking water. The Department of Health
Services is to prioritize projects based upon the following
criteria:
A. The threat posed by groundwater contamination to the
affected community's overall drinking water supplies.
B. The potential for groundwater contamination to spread
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and reduce drinking water supply and water storage for
nearby population areas.
C. The potential of the project, if fully implemented, to
enhance local water supply reliability.
D. The potential of the project to increase opportunities
for groundwater recharge and optimization of groundwater
supplies.
DPH is to give additional consideration to projects that
meet any of the following criteria:
A. The project is implemented pursuant to a comprehensive
basinwide groundwater quality management and remediation
plan or is necessary to develop a comprehensive
groundwater plan.
B. Affected groundwater provides a local supply that, if
contaminated and not remediated, will require import of
additional water from outside the region.
C. The project will serve an economically disadvantaged
community or an economically distressed area.
D. The project addresses contamination at a site where the
responsible parties have not been identified, or where
the responsible parties are willing or unable to pay for
cleanup.
Additionally, Section 79770(d) provides that at least $100
million of the funds provided by Chapter 10 be made
available for projects that meet the requirements of this
bill and both of the following criteria:
A. The project is part of a basinwide management and
remediation plan for which federal funds have been
allocated.
B. The project addresses contamination at a site on the
list maintained by DTSC pursuant to Section 25356 of the
Health and Safety code or a site listed on the National
Priorities List pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act
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of 1980 (42 U.S.C. Sec. 9601 et seq.).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Cost pressure on Likely in the millions
Bond*
bond funds
*Proposed water bond
SUPPORT : (Verified 8/27/10)
San Gabriel Valley Water Quality Authority (source)
California Water Association
ARGUMENTS IN SUPPORT : Supporters assert that the
amendments will "alleviate some of the rate pressure on San
Gabriel area residents as they seek to maximize the use of
their local water supplies, thus relieving pressure on the
Sacramento-San Joaquin Delta, the Colorado River, and other
imported water sources."
CTW:cm 8/30/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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