Bill Text: CA AB134 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Safe Drinking Water Restoration.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2019-06-25 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB134 Detail]

Download: California-2019-AB134-Amended.html

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Amended  IN  Assembly  May 01, 2019

Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 134

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Introduced by Assembly Member Bloom

December 05, 2018

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An act to add Chapter 8 (commencing with Section 117200) to Part 12 of Division 104 of the Health and Safety Code, relating to drinking water.

LEGISLATIVE COUNSEL'S DIGEST

AB 134, as amended, Bloom. Safe, clean, affordable, and accessible drinking water. Safe Drinking Water Restoration.

Existing

(1) Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. The act authorizes the board to order consolidation with a receiving water system where a public water system or a state small water system, serving a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water. The act, if consolidation is either not appropriate or not technically and economically feasible, authorizes the board to contract with an administrator to provide administrative and managerial services to designated public water systems and to order the designated public water system to accept administrative and managerial services, as specified. Existing law declares it to be the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.

This bill would state findings and declarations relating to the intent of the Legislature to adopt policies to ensure that every Californian has the right to safe, clean, affordable, and accessible drinking water. The bill would require, if a Safe Drinking Water Fund or Safe and Affordable Drinking Water Fund is established, the funding to be displayed in the annual Governor’s budget, as prescribed, and, at least every 5 years, would require the Legislative Analyst’s Office to provide an assessment of the effectiveness of expenditures from the fund.

This bill, by July 1 of each year, would require the board to adopt an assessment of need for state financial assistance to provide safe drinking water that identifies failed water systems throughout the state. The bill would require the assessment of need to prioritize the systems with the most urgent need for state financial assistance in light of specified factors. The bill would require each regional engineer to arrange for a prescribed comprehensive assessment of each failed water system in the region of the drinking water regional office to be completed within 2 years of the board identifying the failed water system in the assessment of need. The bill would require a regional engineer to review a comprehensive assessment and develop and submit a recommendation to the board as to the options or plan presented by the comprehensive assessment within 60 days of the submission of the comprehensive assessment. The bill would require the board to consider the comprehensive assessment and recommendation at a public hearing within 90 days of receiving a recommendation from a regional engineer, to request recommendations from all divisions of the board to ensure coordination with other related water quality and water resource programs, and to review a recommendation of a regional engineer in light of the recommendation’s likelihood of success in creating a stable and sustainable supply of safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. The bill would require the board to adopt and provide for a sustainable plan for restoring safe drinking water based on the recommendation of the regional engineer.

This bill would require the board to ensure that water systems that serve new communities will provide safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes, fulfill legal requirements for technical, managerial, and financial capacity, and will be sustainable over the long term. The bill would require the board to report to the Legislature by July 1, 2025, on its progress in restoring safe drinking water to all California communities and to create an internet website that provides data transparency for all of the board’s activities described in this measure. The bill would require the Legislative Analyst’s Office, at least every 5 years, to provide an assessment of the effectiveness of expenditures from the Safe and Affordable Drinking Water Fund proposed by AB 217 of the 2019–20 Regular Session.

(2) Existing law, the federal Safe Drinking Water Act, requires the federal Environmental Protection Agency to establish national primary drinking water standards for public water systems, prohibits states from enacting drinking water laws that are less stringent than the federal primary drinking water standards, and establishes procedures for state compliance. The California Safe Drinking Water Act requires the board to adopt primary drinking water standards for contaminants in drinking water based upon specified criteria, to review the standards at least once every 5 years, and to amend the standards under certain circumstances.

This bill would require the board to develop an enforcement assistance implementation plan, in connection with the adoption of any new or revised primary drinking water standard, that considers the ability of any public water system that serves a disadvantaged community to comply with the primary drinking water standard. The bill would require an enforcement assistance implementation plan to include provisions for funding sources to assist any public water system that is found to be unable to timely comply with a new or revised primary drinking water standard.

This bill would require, by January 1, 2021, the board, in consultation with local health officers and other relevant stakeholders, to make available a map of aquifers that are used or likely to be used as a source of drinking water that are at high risk of containing contaminants. For purposes of the map, the bill would require local health officers and other relevant local agencies to provide all results of, and data associated with, water quality testing performed by certified laboratories to the board, as specified. By imposing additional duties on local health officers and local agencies, the bill would impose a state-mandated local program.

(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(4) This bill would make its operation contingent on the enactment of AB 217 of the 2019–20 Regular Session.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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Bill Text

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

SECTION 1.

 Chapter 8 (commencing with Section 117200) is added to Part 12 of Division 104 of the Health and Safety Code, to read:

CHAPTER  8. Safe Drinking Water Restoration

Article  1. General Provisions

117200.

 The Legislature finds and declares all of the following:

(a) Section 106.3 of the Water Code declares that it is the policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.

(b) According to the board, as of November 2017 there are approximately 300 public water systems in the State of California that are chronically serving contaminated water to their customers and are operationally deficient in violation of public health regulations.

(c) In addition, other public water systems suffer from contamination that is emerging or expanding, putting their communities’ safe drinking water supply at growing risk.

(d) To ensure that the right of every Californian to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes is protected, it is in the interest of the State of California to identify where Californians are at high risk of lacking reliable access to safe drinking water or are known to lack reliable access to safe drinking water, whether they rely on a public water system, state small water system, or domestic well for their potable water supply.

(e) Long-term sustainability of drinking water infrastructure and service provision is necessary to secure safe drinking water for all Californians and therefore it is in the interest of the state to discourage the proliferation of new, unsustainable public water systems and state small water systems, to prevent waste, and to encourage consolidation and service extension when feasible.

117201.

 Unless the context otherwise requires, the following definitions govern this chapter:

(a) “Administrator” has the same meaning as defined in Section 116686.

(b) “Assessment of need” means the assessment of need for state financial assistance to provide safe drinking water adopted by the board pursuant to Section 117210.

(c) “Board” means the State Water Resources Control Board.

(d) “Community water system” has the same meaning as defined in Section 116275.

(e) “Disadvantaged community” has the same meaning as defined in Section 116275.

(f) “Domestic well” means a groundwater well used to supply water for the domestic needs of an individual residence or water system that is not a public water system and that has no more than four service connections.

(g) “Eligible applicant” means a public water system, including, but not limited to, a mutual water company, a public utility, a public agency, including but not limited to, a local educational agency that owns or operates a public water system, a nonprofit organization, a federally recognized Indian tribe, a state Indian tribe listed on the Native American Heritage Commission’s California Tribal Consultation List, an administrator, or a groundwater sustainability agency.

(h) “Failed water system” means a water system that consistently fails to provide an adequate supply of safe drinking water, or is at substantial risk of failing to provide an adequate supply of safe drinking water.

(i) “Fund” means the Safe and Affordable Drinking Water Fund established pursuant to Section 116767.

(j) “Public agency” means a state entity, county, city, special district, or other political subdivision of the state.

(k) “Public water system” has the same meaning as defined in Section 116275.

(l) “Regional engineer” means the chief of each of the board’s regional offices for the Division of Drinking Water.

(m) “Replacement water” includes, but is not limited to, bottled water, vended water, or point-of-use or point-of-treatment units.

(n) “Safe drinking water” has the same meaning as defined in Section 116681.

(o) “State small water system” has the same meaning as defined in Section 116275.

Article  2. Assessment and Planning

117210.

 (a) By July 1 of each year the board shall adopt, after a public hearing and based on available data, an assessment of need for state financial assistance to provide safe drinking water. The assessment of need shall identify failed water systems throughout the state. The assessment of need shall include, but is not limited to, all of the following:

(1) Any public water system that consistently fails to provide an adequate supply of safe drinking water.

(2) Any community water system that serves a disadvantaged community that must charge fees that exceed the affordability threshold established in the Clean Water State Revolving Fund Intended Use Plan in order to supply, treat, and distribute potable water that complies with federal and state drinking water standards.

(3) Any state small water system that consistently fails to provide an adequate supply of safe drinking water.

(b) The assessment of need shall prioritize the systems with the most urgent need for state financial assistance, in light of the following factors:

(1) Severity of the public health threat.

(2) The extent to which the community served by the public water system is a disadvantaged community.

(3) The number of people served by the water system.

(4) Technical, managerial, and financial capacity of the entity that operates the water system.

(c) The assessment of need shall consider all information submitted to the board in furtherance of the board’s duty to complete the assessment of need.

117211.

 (a) (1) By January 1, 2021, the board, in consultation with local health officers and other relevant stakeholders, shall use available data to make available a map of aquifers that are at high risk of containing contaminants and that exceed primary federal and state drinking water standards that are used or likely to be used as a source of drinking water for a state small water system or a domestic well. The board shall update the map at least annually based on any newly available data.

(2) The board shall make the map of high-risk areas, as well as the data used to make the map, publicly accessible on its internet website in a manner that does not identify exact addresses or other personal information and that complies with the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). The board shall notify local health officers and county planning agencies of high-risk areas within their jurisdictions.

(b) (1) By January 1, 2021, a local health officer or other relevant local agency shall provide to the board all results of, and data associated with, water quality testing performed by certified laboratories for a state small water system or domestic well that was collected after January 1, 2015, and that is in the possession of the local health officer or other relevant local agency.

(2) By January 1, 2022, and by January 1 of each year thereafter, all results of, and data associated with, water quality testing performed by a certified laboratory for a state small water system or domestic well that is submitted to a local health officer or other relevant local agency shall also be submitted directly to the board in electronic format.

(c) A map of high-risk areas developed pursuant to this article is not subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

117212.

 (a) Each regional engineer shall arrange for a comprehensive assessment of each failed water system in the region of the drinking water regional office to be completed within 2 years of the board identifying the failed water system in the assessment of need. The regional engineer may combine more than one failed water system in the region for the purposes of a comprehensive assessment. A comprehensive assessment shall be submitted to the regional engineer and posted on the board’s internet website.

(b) A comprehensive assessment shall review a failed water system’s water supply and infrastructure and the entity that operates the failed water system. A comprehensive assessment shall include all of the following:

(1) The sources and quality of its water supply, including, the primary and secondary contaminants in each of the failed water system’s water sources.

(2) The condition of its physical infrastructure.

(3) The technical, managerial, and financial qualifications of the entity that operates the water system.

(4) Alternative water supplies that comply with safe drinking water standards adopted pursuant to this part and a method to connect the failed system to the alternative water supplies.

(5) One or more options for resolving the problems that cause or caused the water system to fail and making the water system sustainable over the long term. The options shall address, to the extent necessary, problems with physical infrastructure, water supply quality, and governance of the failed water system.

(6) Engagement of members of the community served by the failed water system to improve understanding of the failed water system’s problems, the options for addressing the problems, and the challenges in overcoming the problems.

(7) Consideration of the unique nature of the community served by the failed water system, including, but not limited to, the following:

(A) The community’s economic conditions.

(B) Community member reliance on languages other than English and their immigration status.

(C) Physical proximity to other water systems and communities.

(D) The community’s willingness and capacity to support the operation and maintenance of new water infrastructure.

(E) Technical, managerial, and financial capacity of the entity that operates the failed water system.

(c) A comprehensive assessment may include the following:

(1) A proposed plan that includes a set of options to address several problems either concurrently or sequentially.

(2) Assistance from a local advisory committee that may include local residents, customers of the failed water system, elected officials, business owners, or farmers.

(d) A regional engineer may do the following:

(1) Contract or otherwise provide funding to one or more of the following entities to complete the comprehensive assessment:

(A) Nonprofit organizations.

(B) Water agencies.

(C) Counties.

(D) Cities.

(E) For-profit businesses, such as engineering consulting firms.

(2) Organize a strike team that combines the entities identified in subparagraphs (A) to (E), inclusive, of paragraph (1) to provide diverse expertise, experience, and perspective relating to topics that may include engineering, government, administration, water management, public outreach, and education.

(e) Any water agency, including a special district, may act pursuant to a contract entered into under paragraph (1) of subdivision (d) outside of the jurisdiction of the agency.

Article  3. Plan Implementation

117220.

 A regional engineer shall review a comprehensive assessment submitted in accordance with Section 117212 and develop and submit a recommendation to the board as to the options or plan presented by the comprehensive assessment within 60 days of the submission of the comprehensive assessment to the regional engineer. A regional engineer may adjust the options or plan the regional engineer recommends to the board as necessary. The board shall post the recommendations of a regional engineer to the board on the board’s internet website.

117221.

 (a) Within 90 days of receiving the regional engineer’s recommendation pursuant to Section 117220, the board shall consider the comprehensive assessment and the regional engineer’s recommendation at a public hearing. The board shall request recommendations from all divisions of the board to ensure coordination with other related water quality and water resource programs. The Public Utilities Commission may provide input to the board for the purposes of this section if a regional engineer’s recommendation involves a failed water system subject to the commission’s jurisdiction. The board shall review a recommendation in light of the recommendation’s likelihood of success in creating a stable and sustainable supply of safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.

(b) Based on the recommendations described in subdivision (a), the board shall adopt and provide for a sustainable plan for restoring safe drinking water. The board may contract with one or more of the following entities to implement the sustainable plan for restoring safe drinking water:

(1) Nonprofit organizations.

(2) Water agencies.

(3) Counties.

(4) Cities.

(5) For-profit businesses, such as engineering consulting firms.

(c) The board shall coordinate implementation of the sustainable plan for restoring safe drinking water by engaging the affected community, local governments, water agencies, and local agency formation commissions.

(d) The board may delegate implementation of the sustainable plan for restoring safe drinking water to the Division of Drinking Water or another division of the board.

(e) Any water agency, including a special district, may act pursuant to a contract entered into under subdivision (b) outside of the jurisdiction of the agency.

117223.

 (a) In connection with the adoption of any new or revised primary drinking water standard pursuant to Section 116365, the board shall develop an enforcement assistance implementation plan that considers the ability of any public water system that serves a disadvantaged community to comply with the proposed new or revised primary drinking water standard.

(b) An enforcement assistance implementation plan developed pursuant to subdivision (a) shall include provisions for funding sources to assist any public water system that is found to be unable to timely comply with the new or revised primary drinking water standard, including funding through the fund or though the Safe Drinking Water State Revolving Fund program.

Article  4. Safe Drinking Water for New Communities

117230.

 The board shall ensure that water systems that serve new communities will provide safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes, fulfill legal requirements for technical, managerial, and financial capacity, and will be sustainable over the long term.

Article  5. Oversight

117240.

 (a) (1) By July 1, 2025, the board shall report to the Legislature on its progress restoring safe drinking water to all California communities in accordance with this chapter.

(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on July 1, 2029, pursuant to Section 10231.5 of the Government Code.

(3)  A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(b) Funding for the board’s actions to restore safe drinking water to all California communities shall be displayed in the annual Governor’s budget, including revenues, expenditures, and fund balances.

(c) At least every five years, the Legislative Analyst’s Office shall provide an assessment of the effectiveness of expenditures from the fund.

117241.

 The board shall create an internet website that provides data transparency for all of its activities pursuant to this chapter, in conjunction with implementation of the Open and Transparent Water Data Act (Part 4.9 (commencing with Section 12400) of Division 6 of the Water Code).

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 3.

 This act shall only become operative if Assembly Bill 217 of the 2019–20 Regular Session is enacted and becomes effective.

SECTION 1.

The Legislature finds and declares all of the following:

(a)Pursuant to Section 106.3 of the Water Code, every human being in the State of California has the right to safe, clean, affordable, and accessible water adequate for human consumption.

(b)Unfortunately, over one million Californians are exposed to unsafe drinking water each year. Children are particularly at risk because as many as one in four schools in the Central Valley have been impacted by unsafe drinking water.

(c)In fact, a significant number of California communities, especially disadvantaged communities, rely on a contaminated groundwater source for their drinking water supply. Contaminants include nitrate, arsenic, and disinfectant byproducts.

(d)The State Water Resources Control Board has identified a total of 331 water systems that are in violation of water quality standards. These water systems serve an estimated 500,000 people throughout the state. Additionally, the number of water systems with 14 or fewer connections that are currently in violation of water quality standards is estimated to be in the thousands.

(e)Of the 331 systems identified by the State Water Resources Control Board, 68 have violations associated with nitrates and in some cases, additional contaminants. In some of these water systems, unsafe contamination levels persist over time because the local agency cannot generate sufficient revenue from its customer base to implement, operate, or maintain the improvements necessary to address the problem.

(f)The challenge in these systems is often a product of a combination of factors, including the high costs of the investments required, low income of the customers, and the small number of customers across whom the costs would need to be spread.

(g)Water treatment systems are the key to providing safe drinking water to these communities, but the installation, operation, and maintenance of such systems are often very costly and there is no source of funding dedicated to this ongoing need.

(h)Therefore, it is the intent of the Legislature to adopt policies that will end this injustice and ensure that pursuant to California law, every Californian has the right to safe, clean, affordable, and accessible drinking water.

SEC. 2.

Notwithstanding any other law, if a Safe Drinking Water Fund or Safe and Affordable Drinking Water Fund is established in the State Treasury, all moneys in the fund shall be subject to both of the following requirements:

(a)The funding, even if the fund is continuously appropriated, shall be displayed in the annual Governor’s budget and this display shall include revenues, expenditures, and fund balances.

(b)At least every five years, the Legislative Analyst’s Office shall provide an assessment of the effectiveness of expenditures from the fund.