BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 133|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 133
Author: Corbett (D), et al
Amended: 5/12/09
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 7-0, 4/27/09
AYES: Simitian, Runner, Ashburn, Corbett, Hancock,
Lowenthal, Pavley
SENATE NATURAL RES. & WATER COMMITTEE : 10-0, 3/24/09
AYES: Pavley, Benoit, Hollingsworth, Huff, Kehoe, Leno,
Padilla, Simitian, Wiggins, Wolk
NO VOTE RECORDED: Cogdill
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Groundwater: wells, exploratory holes, and
other
excavations
SOURCE : Alameda County Water District
DIGEST : This bill amends the County Water District Act
to authorize Alameda County Water District to take
specified actions within the cities of Fremont, Newark, and
Union City.
ANALYSIS :
Existing law :
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1. Establishes a national objective, in conjunction with
numerous implementing provisions, to restore and
maintain the chemical, physical, and biological
integrity of the nation's waters pursuant to the federal
Water Pollution Control Act, also referred to as the
Clean Water Act.
2. Establishes a system of water quality control that
provides for ten water control agencies: the State
Water Resources Control Board (state board), and nine
regional water quality control boards (regional boards)
which are responsible for protecting water quality
through the adoption of region-specific water quality
control plans (also referred to as basin plans)
containing beneficial use designations, water quality
objectives, and implementing programs, pursuant to the
enactment of the Porter-Cologne Water Quality Control
Act of 1969.
3. Establishes the Alameda Country Water District (ACWD)
pursuant to the California Water District Act of 1914
for the purpose of protecting the groundwater basin and
conserving the waters of the Alameda Creek Watershed and
developing supplemental water supplies, primarily for
agricultural use.
This bill:
1. Amends the County Water District Act to authorize ACWD
to take any of the following actions within the cities
of Fremont, Newark, and Union City:
A. Inspect and investigate wells, exploratory
holes, and other excavations and enforce
regulations adopted by the board regarding the
construction, use, maintenance, repair,
improvement, decommissioning, or destruction of
wells, exploratory holes, other excavations, and
appurtenances.
B. Take measurements, collect data, including
samples of groundwater, and make analyses
pertaining to wells and the use of groundwater
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within the district.
C. Require persons or entities to obtain a permit
from the district to construct, operate,
decommission, abandon, or destroy a well,
exploratory hole, or other excavation.
D. Impose and collect fees to recover the cost of
inspecting wells, exploratory holes, and other
excavations and otherwise implement and enforce
this article.
E. Require the sealing of abandoned or unused wells
according to regulations adopted by the board that
are designed to protect groundwater from
contamination.
F. Require any person applying for any land
development permit or approval to obtain
documentation from the ACWD indicating that
existing wells or other excavations are in
compliance with the regulations of the district or
that no wells or other excavations have been
identified within the boundaries of the property
proposed to be developed.
2. Declares that any abandoned or unused well, exploratory
hole, or other excavation that creates or threatens to
create a water contamination hazard is a public
nuisance.
3. Defines the process for determining that a public
nuisance exists.
4. Establishes the process for requiring abating of such
public nuisances.
5. Specifies that all actions authorized, shall be
consistent with the federal Clean Water Act and the
Porter-Cologne Water Quality Control Act.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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SUPPORT : (Verified 5/15/09)
Alameda County Water District (source)
American Federation of State, County and Municipal
Employees, AFL-CIO
Association of California Water Agencies
California Groundwater Association
City of Fremont
City of Newark
City of Union City
East Bay Municipal Utility District
Santa Clara Valley Water District
Tri-City Ecology Center
ARGUMENTS IN SUPPORT : The City of Fremont writes,
"Fremont has worked closely with Alameda County Water
District (District) on this issue since 1973 when we first
adopted the City of Fremont Well Ordinance No. 950.
However, many changes have occurred over the last 35 years
in the well drilling and subsurface investigation industry.
To address these and any future changes, SB 133 would, in
addition to the existing protection: 1) ensure a
consistent and appropriate regional approach to protect the
Niles Cone Groundwater Basin, 2) provide flexibility to
adapt to changing conditions and technologies as necessary
and 3) clarify and streamline the abatement process for
ground water contamination sites."
CTW:do 5/15/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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