BILL ANALYSIS �
AB 1669
Page 1
Date of Hearing: May 16, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1669 (Perea) - As Amended: May 1, 2012
Policy Committee: Environmental
Safety and Toxic Materials Vote: 6-1
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill creates the Nitrate at Risk Area Fund, administered by
the State Water Resources Control Board (SWRCB), funds within
which, upon appropriation, shall be used to pay for solutions
for disadvantaged communities suffering from
nitrate-contaminated groundwater.
The bill also requires the Department of Public Health (DPH),
working with the SWRCB, to designate such areas by using
existing data on public water systems.
FISCAL EFFECT
1)One-time costs to DPH of an unknown amount, but in the range
of several hundred thousand dollars, to identify disadvantaged
communities suffering from nitrate-contaminated groundwater.
2)One-time minor costs to SWRCB, in the tens of thousands of
dollars, to assist DPH.
3)Cost pressure in an unknown amount, likely in the millions of
dollars, to provide funding for expenditures from the Nitrate
at Risk Area Fund to finance solutions for disadvantaged
communities suffering from nitrate-contaminated groundwater
for their source of drinking water that do not have a reliable
access to safe, affordable drinking water.
COMMENTS
1)Rationale . The author notes that many communities in
California, especially those in the agricultural regions, rely
on groundwater supplies for drinking water that are
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increasingly contaminated by nitrates. The author contends
low-income families are especially harmed by such
contamination because they must spend a large percentage of
their incomes on bottled drinking water. The author intends
this bill to help channel money to communities that need it
and expedite the development and funding of drinking water
solutions.
2)Background. Water Boards and Department of Public Health
Regulate Water Quality. The State Water Resources Control
Board, in conjunction with nine semiautonomous regional
boards, regulates water quality in the state. The regional
boards-which are funded by the state board and are under the
state board's oversight-implement water quality programs in
accordance with policies, plans, and standards developed by
the state board.
The state board carries out its water quality responsibilities
by (a) establishing wastewater discharge policies and
standards; (b) implementing programs to ensure that the waters
of the state are not contaminated by underground or
aboveground tanks; and (c) administering state and federal
loans and grants to local governments for the construction of
wastewater treatment, water reclamation, and storm drainage
facilities.
DPH regulates over 8,000 public water systems, which can be
either publicly or privately owned, that regularly supply
drinking water to at least 25 people or 15 service
connections. These systems include both groundwater systems
and surface water systems and supply drinking water to the
majority of Californians.
Existing law requires DPH to permit a public water system that
demonstrates it can provide a reliable and adequate supply of
water at all times that is pure, wholesome, potable and does
not endanger the health of consumers. A public water system
must notify users of contaminants found in water supplies, of
certain failures in water quality and water quality
monitoring, and of other imminent dangers to public health.
3)Recent Statute Requires Water Quality Reports. Chapter 670,
Statutes of 2008 (AB 2222, Caballero) requires SWRCB to submit
a report to the Legislature that identifies communities that
rely on contaminated groundwater as a primary source of
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drinking water; the principal contaminants and constituents of
concern; and potential solutions and funding sources to clean
up or treat groundwater or provide alternative water supplies.
According to the board's draft AB 2222 report, 682
communities, serving more than 21 million people, rely on
groundwater contaminated by at least one contaminant. The
draft report hedges, warning that its findings do not
necessarily reflect the quality of water that is served to the
public, since many communities treat their water prior to
delivery.
Chapter 1, Statutes of 2008 Second Extraordinary Session (SBX2
1, Perata) required the SWRCB, in consultation with other
agencies, to prepare a report to the Legislature focusing on
nitrate groundwater contamination and potential remediation
solutions. In response, SWRCB commissioned a UC Davis study,
released in January 2012, titled Addressing Nitrate in
California's Drinking Water. The study found widespread
groundwater contamination in the Central Valley and Salinas
Valley, the areas in which the study focused.
4)Unfunded Study; Unfunded Fund. The author intends this bill
to help identify solutions and channel funds to communities
that, undeniably, suffer disproportionately from nitrate
contamination. However, the bill provides no money to fund
either the study required by the bill of the fund it creates.
5)Related Legislation.
a) AB 2208 (Perea) authorizes DPH, when implementing the
Safe Drinking Water State Revolving Fund program, to
consolidate multiple community projects to meet safe
drinking water standards. AB 2208 is pending before this
committee.
b) AB 2238 (Perea) requires DPH to promote the
consolidation of small community water systems that serve
disadvantaged communities. AB 2238 is pending before this
committee.
c) AB 2334 (Fong) requires the Department of Water
Resources to analyze drinking water and wastewater services
affordability for low-income residents. AB 2334 is pending
before this committee.
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d) AB 2529 (Wieckowski) authorizes DPH to adopt interim
regulations and take other actions to expedite the process
of providing funds for drinking water projects, especially
to severely disadvantaged communities. AB 2529 is pending
before this committee.
6)Support. This bill is supported by the Community Water Center
(sponsor) and several groups that advocate for the right of
Californians to have access to clean, affordable water.
7)There is no opposition formally registered to this bill.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081