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

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

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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

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BILL NUMBER: AB 2208	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 12, 2012
	AMENDED IN ASSEMBLY  APRIL 16, 2012
	AMENDED IN ASSEMBLY  APRIL 9, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Perea

                        FEBRUARY 23, 2012

   An act to amend Section 116760.90 of the Health and Safety Code,
relating to drinking water.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2208, as amended, Perea.  Drinking water.
   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 prohibits the department
from approving applications for this funding unless the department
determines the proposed study or project meets specified criteria.
   This bill would  state the intent of the Legislature to
require the department to consider regional solutions when awarding
grant money to provide clean water to underserved communities. This
bill would  authorize the department  , with the consent
of the applicants,  to combine proposed studies and projects
from multiple applicants  to enable these applicants to meet
safe drinking water standards in a cost-effective manner. This bill
would require the department to give priority to those proposed
studies or projects that consolidate services, especially in
unincorporated communities, as specified  .
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    (a) It is the intent of the
Legislature to require the State Department of Public Health to
consider regional solutions when awarding grant money to provide
clean water to underserved communities.
   (b) Requiring the department to consider regional solutions should
prevent situations like the one currently faced by the small central
valley communities of Lanare and Riverdale. The communities of
Lanare and Riverdale, whose arsenic-contaminated water systems are
only three miles apart from each other, have both received public
funds to give them access to clean water, yet the option of a joint
solution has not been thoroughly considered. Instead, an unaffordable
water treatment plant was built in Lanare and drove the community
into debt before the plant shut down, while a new water treatment
plant is currently being proposed for Riverdale.
   (c) For the sake of these small communities, and other communities
like them, the State of California must improve its governmental
practices and develop affordable solutions to water contamination by
considering solutions that help as many people as possible, including
the consolidation of water systems between communities in close
proximity that suffer from similar problems. 
   SEC. 2.   SECTION 1.   Section 116760.90
of the Health and Safety Code is amended to read:
   116760.90.  (a) The department shall not approve an application
for funding unless the department determines that the proposed study
or project is necessary to enable the applicant to meet safe drinking
water standards, and is consistent with an adopted countywide plan,
if any. The department may refuse to fund a study or project if it
determines that the purposes of this chapter may more economically
and efficiently be met by means other than the proposed study or
project. The department shall not approve an application for funding
a project with a primary purpose to supply or attract future growth.
The department may limit funding to costs necessary to enable
suppliers to meet primary drinking water standards, as defined in
Chapter 4 (commencing with Section 116270).
   (b) With respect to applications for funding of project design and
construction, the department shall also determine all of the
following:
   (1) Upon completion of the project, the applicant will be able to
supply water that meets safe drinking water standards.
   (2) The project is  cost-effective   cost
effective  .
   (3) If the entire project is not to be funded under this chapter,
the department shall specify which costs are eligible for funding.
   (c)  (1)    The department, when
evaluating applications for funding for proposed studies and
projects, may  , with the consent of the applicants, 
combine proposed studies and projects from multiple applicants
 to enable these applicants to meet safe drinking water
standards in a cost-effective manner  . 
   (2) The department shall give priority to those proposed studies
or projects that consolidate services, especially in unincorporated
communities, pursuant to an adopted countywide plan or a
recommendation contained in a service review, pursuant to Section
56430 of the Government Code, made by a local agency formation
commission within the previous five calendar years. 
   (d) In considering an application for funding a project that meets
all other requirements of this chapter and regulations, the
department shall not be prejudiced by the applicant initiating the
project prior to the department approving the application for
funding. Preliminary project costs that are otherwise eligible for
funding pursuant to the provisions of this chapter shall not be
ineligible because the costs were incurred by the applicant prior to
the department approving the application for funding. Construction
costs that are otherwise eligible for funding pursuant to the
provisions of this chapter shall not be ineligible because the costs
were incurred after the approval of the application by the department
but prior to the department entering into a contract with the
applicant pursuant to Section 116761.50.