Bill Text: CA AB1588 | 2015-2016 | Regular Session | Amended

California Assembly Bill 1588 (Prior Session Legislation)

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

Bill Title: Water and Wastewater Loan and Grant Program.

Spectrum: Moderate Partisan Bill (Republican 7-2)

Status: (Vetoed) 2016-09-22 - Vetoed by Governor. [AB1588 Detail]

Download: California-2015-AB1588-Amended.html

BILL NUMBER: AB 1588	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  FEBRUARY 29, 2016

INTRODUCED BY   Assembly Member Mathis
    (   Coauthors:   Assembly Members 
 Ch�vez   and Lackey   ) 
    (   Coauthor:   Senator  
Berryhill   ) 

                        JANUARY 6, 2016

   An act to add Chapter 6.6 (commencing with Section 13486) to
Division 7 of the Water Code, relating to water, and declaring the
urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1588, as amended, Mathis. Water and Wastewater Loan and Grant
Program.
   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.
   This bill would require the State Water Resources Control Board to
establish a program to provide  funding to counties to award
 low-interest loans and grants  to local agencies for
low-interest loans and grants  to eligible applicants for
specified purposes relating to drinking water and wastewater
treatment. This bill would authorize a county to apply to the
board for a grant to award loans or grants, or both, to residents of
the county, as prescribed.  This bill would create the Water and
Wastewater Loan and Grant Fund and provide that the moneys in this
fund are available, upon appropriation by the Legislature, to the
board  for expenditure for   to administer and
implement  the program. This bill would transfer to the Water
and Wastewater Loan and Grant Fund $20,000,000 from the General Fund.

   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature hereby finds and declares as follows:
   (a) Many areas of the state are disproportionately impacted by
drought because they are heavily dependent or completely reliant on
groundwater from basins that are in overdraft and in which the water
table declines year after year or from basins that are contaminated.
   (b) There are a number of state grant and loan programs that
provide financial assistance to distressed communities  and
individuals  to address drinking water and wastewater needs.
Unfortunately, there is no program in place to provide similar
assistance to  individual homeowners and renters 
 individuals  who are reliant on their own groundwater wells
and who may not be able to afford conventional private loans to
undertake vital water supply, water quality, and wastewater
improvements.
   (c) The program created by this act is intended to bridge that gap
by providing assistance to individual homeowners and renters to
undertake actions necessary to provide safer, cleaner, and more
reliable drinking water and wastewater treatment. These actions may
include, but are not limited to, digging deeper wells, improving
existing wells and related equipment, addressing drinking water
contaminants in the  homeowner's   individual's
 water, or connecting to a local water or wastewater system.
  SEC. 2.  Chapter 6.6 (commencing with Section 13486) is added to
Division 7 of the Water Code, to read:
      CHAPTER 6.6.  WATER AND WASTEWATER LOAN AND GRANT PROGRAM


   13486.  (a) The board shall establish a program in accordance with
this chapter to provide  funding to counties to award 
low-interest loans and grants  to local agencies for
low-interest loans and grants  to eligible applicants for
any of the following purposes:
   (1) Extending or connecting service lines from a water or
wastewater system to the applicant's residence or plumbing.
   (2) Paying reasonable charges or fees for connecting to a water or
wastewater system.
   (3) Paying costs to close abandoned septic tanks and water wells,
as necessary, to protect health and safety as required by local or
state law.
   (4) Deepening an existing groundwater well.
   (5) Improving an existing groundwater well, including associated
equipment.
   (6) Installing a water treatment system if the groundwater exceeds
a primary or secondary drinking standard, as defined in Section
116275 of the Health and Safety Code.
   (b) The board may adopt any  regulation  
guidelines  it determines  is   are 
necessary to carry out the purposes of the chapter. A 
regulation   guideline  adopted pursuant to this
subdivision shall not be subject to the rulemaking requirements of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
   13487.  (a) The Water and Wastewater Loan and Grant Fund is hereby
created in the State Treasury. The moneys in the Water and
Wastewater Loan and Grant Fund are available, upon appropriation by
the Legislature, to the board  for expenditure  
to administer   and implement the program  in
accordance with this chapter. 
   (b) The following moneys shall be deposited in the Water and
Wastewater Loan and Grant Fund:  
   (1) Moneys repaid to the board pursuant to a grant or loan made in
accordance with this chapter, including interest payments. 

   (2) 
    (   b)  Notwithstanding Section 16475 of the
Government Code, any interest earned upon the moneys in the Water and
Wastewater Loan and Grant  Fund.   Fund shall
be deposited in the Water and Wastewater Loan and Grant Fund. 

   13487.5.  (a) A county may apply to the board for a grant to award
loans or grants, or both, to residents of the county in accordance
with this chapter.
   (b) The board shall develop guidelines that determine how to
apportion funds among the counties.
   (c) A county that receives funding pursuant to this chapter shall
annually provide the following information to the board:
   (1) The number of loans and grants awarded.
   (2) The types of projects funded.
   (3) Project costs.
   (4) Whether there is demand for additional funding. 
   13488.  (a) An eligible applicant for a loan shall meet all of the
following criteria:
   (1) Have a household income below the statewide median household
income.
   (2) Have an ownership interest in the residence.
   (3) Be unable to obtain financial assistance at reasonable terms
and conditions from private lenders and lack the personal resources
to undertake these improvements.
   (4) Demonstrate an ability to repay the loan. This requirement may
be satisfied by having another party join the application as a
cosigner.
   (b) Any loan granted shall be secured by a mortgage on the
residence and repaid within 20 years in accordance with terms
established by the board. The interest rate on the loan shall not
exceed 1 percent. While any balance on the loan is outstanding, a
loan recipient shall furnish evidence of and continually maintain
homeowner's insurance on the security residence to protect the state'
s interest in the residence.
   (c) The  board   county  may enter into
a contract with a private financial institution to provide loans
consistent with the purposes of this chapter.  If the board
exercises this authority, the board may utilize a portion of the
moneys in the Water and Wastewater Loan and Grant Fund to provide a
loan guarantee or similar loss mitigation mechanism. 
   13489.  (a) An eligible applicant for a grant shall meet both of
the following criteria:
   (1) Have a household income that is  60   80
 percent or less of the statewide median household income.
   (2) Be unable to obtain financial assistance at reasonable terms
and conditions from private lenders and lack the personal resources
to undertake these improvements.
   (b) A grant recipient shall repay to the  board 
 county  the grant amount in full if that recipient sells
the residence less than five years from the date that the grant
agreement was signed.
   (c) A grant recipient shall repay to the  board 
 county  any unused grant funds. 
   13489.5.  Funding provided pursuant to this chapter is not
considered "water-related grant funding" for purposes of paragraph
(7) of subdivision (b) of Section 116682 of the Health and Safety
Code. 
  SEC. 3.  Twenty million dollars ($20,000,000) is hereby transferred
from the General Fund to the Water and Wastewater Loan and Grant
Fund.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to provide eligible households with access to safer,
cleaner, and more reliable drinking water and wastewater treatment
during California's prolonged drought, it is necessary that this act
take effect immediately.