BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1630
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          ASSEMBLY THIRD READING
          AB 1630 (Alejo)
          As Amended  May 27, 2014
          2/3 vote 

           ENVIRONMENTAL SAFETY           5-0                   
          APPROPRIATIONS      12-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Alejo, Dahle, Bloom,      |Ayes:|Gatto, Bocanegra,         |
          |     |Gomez, Ting               |     |Bradford,                 |
          |     |                          |     |Ian Calderon, Campos,     |
          |     |                          |     |Eggman, Gomez, Holden,    |
          |     |                          |     |Linder, Pan, Quirk,       |
          |     |                          |     |Ridley-Thomas, Weber      |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Appropriates $500,000 from the Waste Discharge Permit  
          Fund (WDPF) to the State Water Resources Control Board (State  
          Water Board) for use by the Greater Monterey County Regional  
          Water Management Group to develop an integrated plan to address  
          the drinking water and wastewater needs of the disadvantaged  
          communities in the Salinas Valley.  Specifically,  this bill  :  

          1)Appropriates to the State Water Board $500,000 from the fines  
            and penalties moneys deposited into the WDPF for use by the  
            Greater Monterey County Regional Water Management Group to  
            develop an integrated plan to address the drinking water and  
            wastewater needs of disadvantaged communities in the Salinas  
            Valley whose waters have been affected by waste discharges.

          2)Requires that the appropriated funds be available for  
            assessment and feasibility studies necessary to develop the  
            plan.

          3)Requires the Greater Monterey County Regional Water Management  
            Group to develop the plan in consultation with appropriate  
            stakeholders, including the State Water Board, the State  
            Department of Public Health (DPH), and representatives of  
            disadvantaged communities.

          4)Requires that the plan include identification of disadvantaged  
            communities without safe drinking water and recommendations  








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            for planning, infrastructure, and other water management  
            actions that achieve affordable, sustainable solutions for  
            disadvantaged communities, including communities without  
            public water systems.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)Result in a $500,000  appropriation from the WDPF. 

          2)Unknown, likely minor, costs to the State Water Board and the  
            DPH for participation in the development of the plan.
                                              
           3)Revenues from regulatory fees, fines, and penalties for water  
            quality and underground storage tank violations are deposited  
            in the WDPF to be used for waste clean-up or abatement. 
             
           According to the State Water Board, there is currently a balance  
          of approximately $2.9 million in the WDPF.  The Governor's May  
          revision to the state budget proposed a specific $500,000  
          allocation for the Greater Monterey County Regional Water  
          Management Group to develop the integrated water quality plan.  

           COMMENTS  :   

          Need for the bill:  According to the author's office, "The  
          Salinas Valley is one of the regions in the country with the  
          largest agricultural production.  However, years of intensive  
          fertilizer and pesticide use have left a legacy of water  
          pollution in the region's surface and groundwater.  Nitrate  
          groundwater contamination not only imposes serious health risks  
          but it also results in major costs for small rural communities  
          like the ones in the Salinas Valley.  The purpose of this bill  
          is to identify affordable and efficient ways in which Salinas  
          Valley water quality can be improved and communities can have  
          access to safe drinking water."

          Nitrate contamination in California:  Senate Bill SB 1 X2  
          (Perata), Chapter 1, Statutes of 2007-08 Second Extraordinary  
          Session, required the State Water Board, in consultation with  
          other agencies, to prepare a report to the Legislature focusing  
          on nitrate groundwater contamination in the state and potential  
          remediation solutions.  In response, the State Water Board  
          contracted with the University of California, Davis (UCD) to  








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          gather information for the report, which was released in January  
          2012.  The study showed that nitrate loading to groundwater in  
          the four-county Tulare Lake Basin and the Monterey County  
          portion of the Salinas Valley is widespread and chronic, and is  
          overwhelmingly the result of crop and animal agricultural  
          activities.  Due to long transit times, the impact of nitrates  
          on groundwater resources will likely worsen in scope and  
          concentration for several decades. 

          According to the UCD study, infants who drink water containing  
          nitrate in excess of the maximum contaminant level (MCL) for  
          drinking water may quickly become seriously ill and, if  
          untreated, may die because high nitrate levels can decrease the  
          capacity of an infant's blood to carry oxygen  
          (methemoglobinemia, or "blue baby syndrome").  High nitrate  
          levels may also affect pregnant women and susceptible adults.   
          In addition, nitrate and nitrite ingestion in humans has been  
          linked to goitrogenic (anti-thyroid) actions on the thyroid  
          gland, fatigue, reduced cognitive functioning, maternal  
          reproductive complications, including spontaneous abortion, and  
          a variety of carcinogenic outcomes.

          The UCD study proposed a range of actions that could be taken to  
          address groundwater and drinking water contamination, including  
          policy and regulatory changes and funding options.  To examine  
          these proposed actions and to "identify specific, creative,  
          viable solutions," in June 2012, Governor Edmund G. Brown  
          convened a Drinking Water Stakeholder Group.  The Drinking Water  
          Stakeholder Group, comprised of representatives from, among  
          others, California state and local agencies, the agricultural  
          community, the environmental justice community, academia, and  
          other water-related entities, proposed three "urgent legislative  
          concepts," which were discussed and agreed upon at the August 1,  
          2012, meeting of the full Drinking Water Stakeholder Group.  The  
          Drinking Water Stakeholder Group subsequently submitted an  
          eight-page Report of the Drinking Water Stakeholder Group, dated  
          August 20, 2012, of which one of the proposed concepts was:

               Directly target funding for IRWMs (or other entity  
               where appropriate) to develop an inventory of need and  
               a plan for local solutions (including shared  
               solutions) for disadvantaged communities in  
               unincorporated areas in each hydrologic region of the  
               state as is being used in the Tulare Lake Basin  








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               Disadvantaged Community Water Study (SB 1 X2 (Perata,  
               2008)).  Begin with the Salinas Valley.
           
          This bill is based on this recommendation from the Drinking  
          Water Stakeholder Group.

          Prior legislation:  This bill is a reintroduction of AB 1  
          (Alejo) of 2013.  AB 1 passed out of the Assembly Environmental  
          Safety and Toxic Materials Committee on a 6-0 vote, but was held  
          in the Assembly Appropriations Committee.  Similar legislation  
          proposed in 2012, AB 403 (Alejo), passed out of the Senate  
          Environmental Quality Committee on a 6-0 vote, but was held in  
          the Senate Appropriations Committee.


           Analysis Prepared by  :    Bob Fredenburg / E.S. & T.M. / (916)  
          319-3965 


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