Bill Text: CA AB2238 | 2011-2012 | Regular Session | Amended
Bill Title: Public water systems: drinking water.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2012-08-31 - Senate Rule 29.3(b) suspended. (Ayes 21. Noes 10. Page 5057.) From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (August 31). Re-referred to Com. on APPR. [AB2238 Detail]
Download: California-2011-AB2238-Amended.html
BILL NUMBER: AB 2238 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE JUNE 25, 2012
AMENDED IN SENATE JUNE 20, 2012
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY MAY 1, 2012
AMENDED IN ASSEMBLY APRIL 11, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Perea
( Principal coauthor: Senator
Rubio )
FEBRUARY 24, 2012
An act to add Section 116760.85 to amend
Sections 116475 and 116760.30 of the Health and Safety Code,
relating to public water systems , making an appropriation
therefor, and declaring the urgency thereof, to take effect
immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 2238, as amended, Perea. Public water systems: drinking water.
Existing law establishes the Emergency Clean Water Grant Fund
(Grant Fund), which is continuously appropriated for the purpose of
providing financial assistance to public water systems and funding
emergency actions, as defined by the department, to ensure the
availability of safe drinking water supplies. Existing law requires
the department to determine the definition of what constitutes an
emergency requiring an alternative or improved water supply. Existing
law authorizes the State Department of Public Health to expend funds
from the Grant Fund for these purposes, including, but not limited
to, the payment of specified actions.
This bill would eliminate the requirement that the department
develop a definition of what constitutes an emergency and would
instead provide a definition of a public health emergency as an
unexpected event that requires immediate action, as specified. This
bill would authorize the department to expend the moneys from the
Grant Fund if the department determines that a public health
emergency has occurred and would list the provision of interim water
treatment as one of the listed specified actions for which the
department may provide payment. By revising and expanding the
application of funds in the Grant Fund, the bill would make an
appropriation. This bill would limit the provision of an alternative
water supply to $50,000 per public water system per public health
emergency.
Existing law creates the Safe Drinking Water State Revolving Fund
(Revolving Fund) and authorizes the department to provide grants or
revolving fund loans for public water system projects that enable
suppliers to meet safe drinking water standards. Existing law
requires the department to report at least once every 2 years to
specified committees of the Legislature on the implementation of
these provisions and expenditures from the Revolving Fund. Existing
law requires the report to include, among other things, the number
and types of projects funded and the reduction in risks to public
health from contaminants in drinking water provided through the
funding of the projects.
This bill would require the department to also post on its
Internet Web site funding commitments made by the department for
certain water system projects and other specified projects.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law, the Safe Drinking Water State Revolving Fund Law of
1997, requires the State Department of Public Health to administer
programs to fund specified projects for public water systems that
will enable suppliers to meet safe drinking water standards.
This bill would require the department to take specified actions
in considering an application for funding pursuant to these
provisions, including, but not limited to, reviewing and considering
the determinations and recommendations made by the affected local
agency formation commission within the previous 5 calendar years in
certain specified studies.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116475 of the Health
and Safety Code is amended to read:
116475. (a) The Emergency Clean Water Grant Fund is hereby
established in the General Fund and, notwithstanding Section 13340 of
the Government Code, is continuously appropriated to the department,
without regard to fiscal years, to provide financial assistance to
public water systems and to fund emergency actions by the department
to ensure that safe drinking water supplies are available to all
Californians who are served by public water systems.
(b) The If the department determines that
a public health emergency exists, the department may expend
funds in the Emergency Clean Water Grant Fund for the purposes
specified in subdivision (a), including, but not limited to, payment
for all of the following actions:
(1) The provision of alternative water supplies and
including bottled water.
(2) Improvements of the existing water supply system.
(3) Hookups with adjacent water systems.
(4) Design, purchase, installation, and operation and maintenance
of water treatment technologies.
(5) The provision of interim water treatment.
(c) (1) The department shall develop and
revise guidelines for the allocation and administration of moneys in
the Emergency Clean Water Grant Fund. These guidelines shall include,
but are not limited to, all of the following:
(1) A definition of what constitutes an emergency requiring an
alternative or improved water supply.
(2)
(A) Priorities and procedures for allocating funds.
(3)
(B) Repayment provisions, as appropriate.
(4)
(C) Procedures for recovering funds from parties
responsible for the contamination of public water supplies.
The
(2) The guidelines are not
subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
(d) As used in this section, "public health emergency" means a
sudden or unexpected event which has occurred, is occurring, or is an
imminent threat, and requires immediate action to avoid or mitigate
serious health effects to persons served by a public water system due
to the public water system's inability to provide an adequate supply
of safe drinking water to its service area.
Public health emergency includes, but is not limited to, the
following:
(1) A public water system that serves a severely disadvantaged
community that either:
(A) Lacks the technical or financial capacity to deliver water
that meets primary drinking water standards for which maximum
contaminant levels have been established pursuant to this chapter.
(B) Has applied for funding for a project to address the public
health emergency and the project is ranked on the project priority
list established pursuant to Section 116760.70.
(2) Disruption or contamination of drinking water supplies caused
by events, including, but not limited to, fire, flood, earthquake,
drought, or other natural disaster.
(e) Direct expenditures, for the purposes of this section, shall
be exempt from contracting and procurement requirements, including,
but not limited to, requirements set forth by the Public Contract
Code, to the extent necessary to take immediate action to protect
public health and safety.
(f) Notwithstanding any other law, funding under this section,
whether in the form of funding for emergency actions by the
department or financial assistance to a public water system, for the
provision of an alternative water supply, including bottled water,
shall not exceed fifty thousand dollars ($50,000) per public water
system per public health emergency.
SEC. 2. Section 116760.30 of the Health
and Safety Code is amended to read:
116760.30. (a) There is hereby created in the State Treasury the
Safe Drinking Water State Revolving Fund for the purpose of
implementing this chapter, and, notwithstanding Section 13340 of the
Government Code, the fund is hereby continuously appropriated,
without regard to fiscal years, to the department to provide, from
moneys available for this purpose, grants or revolving fund loans for
the design and construction of projects for public water systems
that will enable suppliers to meet safe drinking water standards. The
department shall be responsible for administering the fund.
(b) Notwithstanding Section 10231.5 of the Government Code, the
department shall report at least once every two years to the policy
and budget committees of the Legislature on the implementation of
this chapter and expenditures from the fund. The report shall
describe the numbers and types of projects funded, the reduction in
risks to public health from contaminants in drinking water provided
through the funding of the projects, and the criteria used by the
department to determine funding priorities. Commencing with reports
submitted on or after January 1, 2013, the report shall include the
results of the United States Environmental Protection Agency's most
recent survey of the infrastructure needs of California's public
water systems, the amount of money available through the fund to
finance those needs, the total dollar amount of all funding
agreements executed pursuant to this chapter since the date of the
previous report, the fund utilization rate, the amount of
unliquidated obligations, and the total dollar amount paid to funding
recipients since the previous report. The department shall post
on its Internet Web site funding commitments made by the
department in the previous two years for systems of less than 200
connections, for disadvantaged and severely disadvantaged
communities, and for projects which achieve coordination or
consolidation of multiple water systems. The department shall also
identify, on its Internet Web site, projects which fall within the
health-based funding categories of the priority list, as described in
Section 116760.70, that have been bypassed for at least two years.
(c) Notwithstanding any other law, the Controller may use the
moneys in the Safe Drinking Water State Revolving Fund for loans to
the General Fund as provided in Sections 16310 and 16381 of the
Government Code. However, interest shall be paid on all moneys loaned
to the General Fund from the Safe Drinking Water State Revolving
Fund. Interest payable shall be computed at a rate determined by the
Pooled Money Investment Board to be the current earning rate of the
fund from which loaned. This subdivision does not authorize any
transfer that will interfere with the carrying out of the object for
which the Safe Drinking Water State Revolving Fund was created.
SEC. 3. 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:
To ensure all Californians have access to safe drinking waters
supplies, especially in the time of a public health emergency.
SECTION 1. Section 116760.85 is added to the
Health and Safety Code, to read:
116760.85. In considering an application for funding pursuant to
this chapter, the department shall do all of the following:
(a) Review and consider the determinations and recommendations
made by the affected local agency formation commission within the
previous five calendar years in any of the following:
(1) A special study conducted pursuant to Section 56378 of the
Government Code.
(2) A sphere of influence study conducted pursuant to Section
56425 of the Government Code.
(3) A service review conducted pursuant to Section 56430 of the
Government Code.
(b) Consult with the executive officer of the affected local
agency formation commission to determine whether any circumstances
have changed since the studies and review conducted pursuant to
subdivision (a) were completed or if there is any additional
information that would assist the department in its determination.
(c) Review and consider the conclusions and recommendations of
other local and regional studies designed to develop and identify
regional solutions to meet the goals of the Safe Drinking Water
Revolving Fund Law of 1997.
(d) Report to the applicant regarding the review required pursuant
to subdivision (a) and the consultation required pursuant to
subdivision (b).
