Bill Text: CA AB2208 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Water quality.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-08-27 - Read second time. Ordered to third reading. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c). [AB2208 Detail]

Download: California-2011-AB2208-Amended.html
BILL NUMBER: AB 2208	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Perea

                        FEBRUARY 23, 2012

   An act to  amend   add  Section 
116326 of   116337 to  the Health and Safety Code,
relating to drinking water  , and making an appropriation
therefor  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2208, as amended, Perea. Community water systems: 
consolidation and merger.   community of Lanare. 

   Existing law, the California Safe Drinking Water Act, requires the
State Department of Public Health to administer provisions relating
to the regulation of drinking water to protect public health.
Existing law, the Safe Drinking Water State Revolving Fund Law of
1997, establishes the Safe Drinking Water State Revolving Fund, which
is continuously appropriated to the department for the provision of
grants and revolving fund loans for the design and construction of
projects for public water systems that will enable suppliers to meet
safe drinking water standards. Existing law limits grants for
planning, engineering studies, environmental documentation, and
design of a single project to $500,000.  
   Existing law, the Safe Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal Protection Bond Act of 2006, an
initiative, authorizes the issuance of general obligation bonds, a
portion of which is made available to the department, upon
appropriation by the Legislature, to address the most critical water
needs of the state, including the provision of safe drinking water to
all Californians, the protection of water quality and the
environment, and the improvement of water supply reliability. 

   This bill would require the Lanare Community Services District to
conduct a feasibility study, as prescribed, to identify and recommend
a project that would solve arsenic contamination in the community of
Lanare. By requiring the Lanare Community Services District to
conduct a feasibility study, this bill would impose a state-mandated
local program.  
   This bill would appropriate unspecified sums from the Safe
Drinking Water State Revolving Fund and the Safe Drinking Water,
Water Quality and Supply, Flood Control, River and Coastal Protection
Fund of 2006 to the department for the purposes of remitting funds
to the Lanare Community Services District to compensate the district
for the costs of implementing these provisions.  
   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 these
statutory provisions.  
   Existing law requires the State Department of Public Health to
administer programs to fund improvements and expansion of small
community water systems using specified priorities. Existing law
requires the department to encourage the consolidation of small
community water systems that serve disadvantaged communities in
instances that consolidation will help the affected agencies and the
state meet specified goals. Existing law allows funding of studies
regarding the feasibility of consolidating 2 or more community water
systems, at least one of which is a small community water system that
serves a disadvantaged community. Existing law requires the
department to give funding priority to projects involving physical
restructuring of 2 or more community water systems into a single,
consolidated system when it is shown that the consolidation would
further specified goals.  
   This bill would require the department to promote the
consolidation and merger of small community water systems that serve
disadvantaged communities, as specified. This bill would require the
studies described above to include the feasibility of consolidating
community water systems or merging a community water system with a
city water system, as specified, unless the department determines
consolidation or merger is not feasible. This bill would also require
the department to give priority to funding projects involving the
physical restructuring and managerial consolidation of 2 or more
community water systems or the merger of community water systems into
a single, consolidated system when it is shown that the
consolidation or merger would further specified goals. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee: yes. State-mandated local program: 
no   yes  .


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

   SECTION 1.    Section 116337 is added to the 
 Health and Safety Code   , to read:  
   116337.  (a) The Lanare Community Services District shall conduct
and publish, as soon as practicable, a feasibility study to identify
and recommend a project that will solve arsenic contamination in the
community of Lanare. The feasibility study shall, at a minimum, do
all of the following:
   (1) Identify and analyze potential projects, including, but not
limited to, constructing a connection between the community water
systems of the Lanare Community Services District and the Riverdale
Public Utilities District.
   (2) Identify the long-term costs and the cost-effectiveness of
each project, including whether the ongoing costs of operations and
maintenance can be supported by the ratepayers in the community of
Lanare.
   (3) Recommend the project that is the most feasible, effective,
and cost-effective solution to arsenic contamination in the community
of Lanare.
   (b) The sum of ____ dollars ($____) is hereby appropriated from
the Safe Drinking Water State Revolving Fund and the Safe Drinking
Water, Water Quality and Supply, Flood Control, River and Coastal
Protection Fund of 2006 to the department for the purpose of
compensating the Lanare Community Services District for the costs of
conducting the feasibility study required by subdivision (a). 
   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.  
  SECTION 1.    Section 116326 of the Health and
Safety Code is amended to read:
   116326.  In administering programs to fund improvements and
expansions of small community water systems, the department shall do
all of the following:
   (a) Give priority to funding projects in disadvantaged
communities.
   (b) Promote the consolidation or merger of small community water
systems that serve disadvantaged communities in instances where
consolidation or merger will help at least one of the affected
agencies and the state to meet all of the following goals:
   (1) Improvement in the quality of water delivered.
   (2) Improvement in the reliability of water delivery.
   (3) Reduction in the cost of drinking water for ratepayers.
   (c) Pursuant to subdivision (b), require that funding for
feasibility studies performed prior to a construction project include
studies of the feasibility of consolidating two or more community
water systems or merging a community water system with a city water
system, when at least one of the water systems is a small community
water system that serves a disadvantaged community, unless the
department makes a written determination that consolidation or merger
is not feasible under the circumstances.
   (d) In instances that it is shown that small community water
system consolidation or merger will further the goals of subdivision
(b), give priority to funding construction projects that involve the
physical restructuring and managerial consolidation of two or more
community water systems or merger one or more community water
systems, at least one of which is a small community water system that
serves a disadvantaged community, into a single, consolidated
system.                        
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