BILL ANALYSIS �
AB 2208
Page 1
ASSEMBLY THIRD READING
AB 2208 (Perea)
As Amended April 16, 2012
Majority vote
ENVIRONMENTAL SAFETY 7-0APPROPRIATIONS 12-0
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|Ayes:|Wieckowski, Miller, |Ayes:|Fuentes, Blumenfield, |
| |Campos, Chesbro, Davis, | |Bradford, Charles |
| |Feuer, | |Calderon, Campos, Davis, |
| |Bonnie Lowenthal | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
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SUMMARY : Authorizes the California Department of Public Health
(CDPH), when implementing the Safe Drinking Water State
Revolving Fund (SDWSRF), to consolidate multiple community
projects to meet safe drinking water standards. Specifically,
this bill :
1)Makes a statement of legislative intent that the CDPH consider
regional solutions to drinking water in underserved
communities and further asserts that regional drinking water
projects will help provide clean drinking water to adjacent
communities like Lanare and Riverdale in Fresno County.
2)Provides that the CDPH may consolidate proposed studies or
projects that will allow multiple agencies or applicants to
meet safe drinking water standards in a cost effective manner.
3)Requires the CDPH to give priority to those proposed studies
or projects that consolidate services in unincorporated
communities or that allow for consolidation into existing
water systems pursuant to an adopted countywide plan, or local
agency formation commission (LAFCO) recommendation that is
part of a service review in the preceding five calendar years.
EXISTING LAW :
1)Provides, under the SDWSRF, funding to correct public water
system deficiencies based upon a funding approach that
prioritizes systems' problems that pose public health risks,
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systems with needs for funding to comply with requirements of
the federal Safe Drinking Water Act, and systems most in need
on a per household affordability basis.
2)Directs CDPH to prioritize funding of water projects in
disadvantaged communities. Directs CDPH to promote, provide
funds for studies on, and prioritize funding for projects
which consolidate small public water systems in certain
situations.
3)Requires LAFCOs to conduct a service review of the municipal
services provided in the county or other appropriate area
designated by LAFCO, and requires LAFCOs in that municipal
service review, to comprehensively review all of the agencies
that provide the identified service or services within that
designated geographic area.
FISCAL EFFECT : According to the Assembly Appropriations
Committee this bill would result in negligible cost the CDPH.
COMMENTS :
Need for this bill . According to the author, "this bill is
designed to address the problems of contaminated drinking water
in rural communities. Examples of the problems faced by small
communities are Lanare and Riverdale in Fresno County. Lanare
and Riverdale both rely on arsenic-contaminated water supplies.
In 2007, a water treatment plant was completed in the community
of Lanare, but the maintenance and operating costs were too high
for the small, disadvantaged community to sustain and the plant
shut down after only six months. Riverdale, which is located
three miles from Lanare, recently received a grant to find
solutions to its arsenic-contaminated water problem, but
connecting its water system to Lanare is beyond the scope of the
grant. Without an additional grant, Lanare will be left to rely
on arsenic-contaminated water and suffer the consequences."
Safe Drinking Water Resolving Fund . Congress established the
Drinking Water State Revolving Fund (DWSRF) as part of the 1996
SDWA amendments to better enable public water systems to comply
with national primary drinking water standards and to protect
public health. The SDWSRF provides financial assistance in the
form of capitalization grants to states to provide low interest
loans and other assistance to public water systems. In order to
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receive these funds, states must provide a state match equal to
20% of the federal capitalization grants and must create a
drinking water state revolving fund program for public water
system infrastructure needs and other drinking water-related
activities. In response, California established the SDWSRF
through SB 1307 (Chapter 734, Statutes of 1997) to help fund the
state's drinking water needs.
Public drinking water system consolidation . Current state law
and CDPH policies encourage consolidation of public drinking
water systems to help address the problems of water
contamination. Legislation in 2007, (AB 783 (Arambula) Chapter,
614, Statutes of 2007) , provided direction to improve and
expand community water systems by promoting the consolidation
of small public water systems when consolidation would improve
the quality, reliability, and affordability of water to these
communities. This bill is designed to establish a more
prescriptive standard for CDPH when considering drinking water
system improvements that may include consolidation.
Related legislation from the current 2011-2012 session .
AB 1669 (Perea), Drinking Water Nitrate Contamination -
Establishes the Nitrate at Risk Area Fund for the purposes of
developing and implementing sustainable and affordable solutions
for disadvantaged communities in areas reliant on
nitrate-contaminated groundwater as their source of drinking
water.
AB 2238 (Perea), Requires the CDPH to promote the consolidation
and merger of small community water systems that serve
disadvantaged communities. Requires local agency formation
commissions (LAFCO) to examine drinking water and waste
treatment service consolidation as part of a LAFCO local agency
service review.
AB 2334 (Fong), State Water Plan including drinking water
affordability. Requires the Department of Water Resources to
analyze how drinking water and wastewater services could be made
more affordable for low-income residents.
AB 2529 (Wieckowski), Streamlining the Safe Drinking Waste Act
regulations and criteria for revolving funds. Authorizes the
CDPH to adopt interim regulations and take other actions to
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expedite the process of providing funds for drinking water
projects, especially to severely disadvantaged communities
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0003558