Amended in Senate August 20, 2014

Amended in Senate June 26, 2014

Amended in Senate June 9, 2014

Amended in Assembly April 9, 2014

Amended in Assembly March 17, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1527

Introduced by Assembly Member Perea

January 17, 2014

An act to begin delete amend end delete begin insert add end insert Section begin delete 116760.70 of end delete begin insert 116760.40.5 to end insert the Health and Safety Code, relating to public water systems.

LEGISLATIVE COUNSEL’S DIGEST

AB 1527, as amended, Perea. Public water systems: Safe Drinking Water State Revolving Fund.

Existing law, the Safe Drinking Water State Revolving Fund Law of 1997, establishes the Safe Drinking Water State Revolving Fund to provide grants or revolving fund loans for the design and construction of projects for public water systems that will enable those systems to meet safe drinking water standards. Existing begin delete law, operative July 1, 2014, end delete begin insert law end insert requires the State Water Resources Control Board to implement this law pursuant to the adoption of a policy handbook. begin delete Existing law, operative on July 1, 2014, and repealed as of January 1 of the next calendar year occurring after the board provides notice to the Legislature and the Secretary of State and posts notice on its Internet Web site that the board has adopted a policy handbook, requires the board to establish a priority list of proposed projects to be considered for funding. end delete

This bill would require the begin delete board to give priority to funding end delete begin insert State Water Resources Control Board to provide incentives for end insert the consolidation of public water systems based upon a service review developed by a local agency formation commission. begin insert This bill would repeal these provisions as of January 1 of the next calendar year occurring after the board provides notice to the Legislature and the Secretary of State and posts notice on its Internet Web site that the board has adopted a policy handbook. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 116760.40.5 is added to the end insert begin insert Health and
Safety Code end insert begin insert , to read: end insert

begin insert

begin insert 116760.40.5. end insert   

(a) The board shall provide incentives for the
consolidation of public water systems based upon a service review
developed by a local agency formation commission pursuant to
Section 56430 of the Government Code.

(b) This section is repealed as of January 1 of the next calendar
year occurring after the board provides notice to the Legislature
and the Secretary of State and posts notice on its Internet Web site
that the board has adopted a policy handbook pursuant to Section
116760.43.

end insert

begin delete

SECTION 1.  

Section 116760.70 of the Health and Safety Code
is amended to read:

116760.70.  

(a) The board, after public notice and opportunity
for comment, shall, from time to time, establish a priority list of
proposed projects to be considered for funding under this chapter.
In doing so, the board shall determine if improvement or
rehabilitation of the public water system is necessary to provide
pure, wholesome, and potable water in adequate quantity and at
sufficient pressure for health, cleanliness, and other domestic
purposes. The board shall establish criteria for placing public water
systems on the priority list for funding that shall include criteria
for priority list categories. Priority shall be given to projects that
meet all of the following requirements:

(1) Address the most serious risk to human health.

(2) Are necessary to ensure compliance with requirements of
Chapter 4 (commencing with Section 116270) including
requirements for filtration.

(3) Assist systems most in need on a per household basis
according to affordability criteria.

(b) The board may, in establishing a new priority list, merge
those proposed projects from the existing priority list into the new
priority list.

(c) In establishing the priority list, the board shall consider the
system’s implementation of an ongoing source water protection
program or wellhead protection program.

(d) In establishing the priority list categories and the priority
for funding projects, the board shall carry out the intent of the
Legislature pursuant to subdivisions (f) to (i), inclusive, of Section
116760.10 and do all of the following:

(1) Give priority to upgrade an existing system to meet drinking
water standards.

(2) After giving priority pursuant to paragraph (1), consider
whether the applicant has sought other funds when providing
funding for a project to upgrade an existing system and to
accommodate a reasonable amount of growth.

(e) Consideration of an applicant’s eligibility for funding shall
initially be based on the priority list in effect at the time the
application is received and the project’s ability to proceed. If a
new priority list is established during the time the application is
under consideration, but before the applicant receives a letter of
commitment, the board may consider the applicant’s eligibility for
funding based on either the old or new priority list.

(f) The board may change the ranking of a specific project on
the priority lists at any time following the publication of the list if
information, that was not available at the time of the publication
of the list, is provided that justifies the change in the ranking of
the project.

(g) The board shall provide one or more public hearings on the
Intended Use Plan, the priority list, and the criteria for placing
public water systems on the priority list. The board shall adopt an
Intended Use Plan and provide notice of the Intended Use Plan,
criteria, and priority list not less than 30 days before the adoption
of the Intended Use Plan. The Intended Use Plan, criteria, and
priority list shall not be subject to the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.

(h) The board shall give priority funding to the consolidation
of public water systems based upon a service review developed
by a local agency formation commission pursuant to Section 56430
of the Government Code.

(i) The requirements of this section do not constitute an
adjudicatory proceeding as defined in Section 11405.20 of the
Government Code and Section 11410.10 of the Government Code
is not applicable.

(j) This section shall become operative on July 1, 2014, and is
repealed as of January 1 of the next calendar year occurring after
the board provides notice to the Legislature and the Secretary of
State and posts notice on its Internet Web site that the board has
adopted a policy handbook pursuant to Section 116760.43.

end delete