Article
1. General Provisions
117200.
This chapter shall be known, and may be cited, as the Central Basin Communities Water Reliability, Safe Drinking Water, and Recycled Water Expansion Act of 2022.117201.
For purposes of this chapter, the following definitions apply:(a) “Administrator” has the same meaning as defined in Section 116686.
(b) “Apprenticeable occupation” has the same meaning as defined in Section 2601 of the Public Contract Code.
(c) “Assessment of funding need” means the drinking water needs assessment specified in subdivision (b) of Section 116769.
(d) “At-risk water system” means a water system that consistently fails to provide an adequate supply of safe drinking water, is at substantial risk of failing to provide an adequate supply of safe drinking
water, or suffers from unhealthy levels of copper or lead in its water. has the same meaning as defined in Section 116681.
(e) “Board” means the State Water Resources Control Board.
(f) “Community water system” has the same meaning as defined in Section 116275.
(g) “Disadvantaged community” has the same meaning as defined in Section 116275.
(h) “Division of Drinking Water” means the Division of Drinking Water of the board.
(i) “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.
has the same meaning as defined in Section 116681.
(j) “Eligible applicant” means a public water system, including, but not limited to, a mutual water company or a community water system, a state small water system, a domestic well, 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 Native American tribe, a California Native American tribe listed on the Native American Heritage Commission’s California Tribal Consultation List, an administrator, or a groundwater sustainability agency.
(k) “Fund” means the Central Basin Communities Water Reliability, Safe Drinking Water, and Recycled Water Expansion Fund
established pursuant to Section 117205.
(l) “Nonprofit organization” means a nonprofit corporation formed pursuant to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code) and qualified under Section 501(c)(3) of the United States Internal Revenue Code.
(m) “PFAS” means perfluoroalkyl and polyfluoroalkyl substances.
(n) “Project labor agreement” has the same meaning as defined in Section 2500 of the Public Contract Code.
(o) “Public agency” means a state entity, county, city, special district, or other political subdivision of the state.
(p) “Public water system” has the same meaning as defined in Section 116275.
(q) “Retail water system” means a public water system that supplies water directly to the end user.
(r) “Safe drinking water” means drinking water that meets
primary and secondary drinking water standards and applicable regulations and does not contain unhealthy levels of copper or lead.
(s) “Skilled and trained workforce” has the same meaning as defined in Section 2601 of the Public Contract Code.
(t) “State small water system” has the same meaning as defined in Section 116275.
117202.
The Legislature may enact legislation necessary to implement this chapter.
Article
2. Central Basin Communities Water Reliability, Safe Drinking Water, and Recycled Water Expansion Fund
117205.
(a) The Central Basin Communities Water Reliability, Safe Drinking Water, and Recycled Water Expansion Fund is hereby established in the State Treasury. Moneys in the fund shall be available upon appropriation by the Legislature to the board for the sole purpose of implementing this chapter within the Central Basin.(b) It is the intent of the Legislature that the fund be composed of moneys transferred from the General Fund.
(c) Upon a finding by the entity authorized to administer or expend money appropriated from the fund that a particular project or program for which money has been allocated or granted
cannot be completed, or that the amount that was appropriated, allocated,
or granted is in excess of the total amount needed, the Legislature may reappropriate the money for other high-priority needs consistent with this chapter.
117206.
An activity receiving moneys from the fund shall comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).117207.
(a) A project receiving moneys from the fund shall comply with prevailing wage requirements, as established in Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code.(b) Contractors and subcontractors for a project receiving moneys from the fund shall use a skilled and trained workforce to perform all work within an apprenticeable occupation in the building and construction trades.
(c) Subdivision (b) does not apply if all contractors and subcontractors for the project are required to become bound to a multicraft project labor agreement that expressly requires each contractor
and subcontractor performing the work to use a skilled and trained workforce.
117208.
(a) The sum of ____ dollars ($____) shall be available upon appropriation by the Legislature from the fund to the board for the purpose of protecting state, local, and regional drinking water systems located in the Central Basin from climate change, catastrophic seismic damage, or failure from terrorist acts or other deliberate acts of destruction.(b) The board may expend or award money to eligible applicants pursuant to subdivision (a) for the following projects:
(1) Connecting public water systems to imported water infrastructure.
(2) Installation of monitoring and early warning systems.
(3) Fencing.
(4) Protective structures.
(5) Contamination treatment facilities.
(6) Emergency interconnections.
(7) Communications systems.
(8) Any other project designed to do any of the following:
(A) Prevent damage to water treatment, distribution, and supply facilities.
(B) Prevent disruption of drinking water deliveries.
(C) Protect drinking water supplies from intentional contamination.
117209.
(a) The sum of ____ dollars ($____) shall be available upon appropriation by the Legislature from the fund to the board for competitive grants to eligible applicants for the following purposes in the Central Basin:(1) Offsetting the treatment costs for PFAS contamination of public water systems serving disadvantaged communities.
(2) Addressing emergency or urgent funding needs, where other emergency funds are not available and a critical water shortage or outage could occur without support from the fund.
(3) Addressing retail water systems,
community water systems, and public water systems owned or operated by a local educational agency that are out of compliance with primary drinking water standards, prioritizing water systems in disadvantaged communities located in the Central Basin.
(4) Providing matching funds for the purpose of accelerating consolidations for public water systems out of compliance with primary drinking water standards, at-risk water systems, state small water systems, and domestic wells, focusing on disadvantaged communities.
(5) Providing interim solutions and initiating planning efforts for long-term solutions for state small water systems and domestic wells with source water above a primary maximum contaminant level.
(6) Water quality improvement.
(7) Drinking water source protection projects.
(b) Priority under subdivision (a) shall be given to projects that assist in meeting water quality standards established by the board.
117210.
(a) The sum of ____ dollars ($____) shall be available upon appropriation by the Legislature from the fund to the board for projects in the Central Basin to protect state, local, and regional drinking water systems from drought, protect and improve local drinking water reliability, and improve local water security by reducing the use of potable water for nonpotable purposes.(b) The board may expend or award money to eligible applicants pursuant to subdivision (a) for the following projects:
(1) Installation of new recycled water infrastructure.
(2) Expansion of existing recycled water connections.
(3) Improvement of existing recycled water distribution systems.
Article
3. Assessment and Planning
117215.
(a) The board, upon updating the assessment of funding need pursuant to subdivision (c), shall submit to the Division of Drinking Water a list of at-risk water systems in the Central Basin and additional information regarding at-risk water systems and communities reliant on domestic wells that do not provide an adequate or reliable supply of safe drinking water.(b) The Division of Drinking Water shall review additional information generated from analyses of drinking water deficiencies and wastewater deficiencies, including, but not limited to, analyses conducted pursuant to Sections 56425, 56430, and 65302.10 of the Government Code.
(c) On or before December 31 of each year, the board shall review and update the assessment of funding need and shall prioritize for funding under this chapter the Central Basin public water systems, community water systems, state small water systems, and domestic wells 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 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.
(d) The assessment of funding need and priorities shall consider all information submitted to the board in furtherance of the board’s duty to complete the assessment of funding need.
117216.
(a) (1) By January 1, 2024, the board, in consultation with local health officers and other relevant stakeholders, shall use available data to make available a map of aquifers in the Central Basin 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. The board shall make available the map of high-risk areas to the Division of Drinking Water.(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 jurisdictional boundaries.
(b) (1) By January 1, 2024, a local health officer or other relevant local agency in the Central Basin 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, 2025, 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 in the Central Basin shall also be submitted directly to the board in electronic format.
(c) A map of high-risk areas developed pursuant to this section 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).
117217.
(a) The Division of Drinking Water shall arrange for a comprehensive analysis of each at-risk water system in the Central Basin to be completed within two years of the board identifying the at-risk water system in the assessment of funding need. The Division of Drinking Water may combine more than one failed water system in the Central Basin for purposes of a comprehensive analysis.(b) The Division of Drinking Water shall post each comprehensive analysis on the board’s internet website. A comprehensive analysis shall review an at-risk water system’s water supply and infrastructure and the entity that operates the at-risk water system. A comprehensive
assessment shall include all of the following:
(1) The sources and quality of the at-risk water system’s water supply, including the primary and secondary contaminants in each of the at-risk water system’s water sources.
(2) The condition of the at-risk water system’s physical infrastructure.
(3) The technical, managerial, and financial qualifications of the entity that operates the at-risk water system.
(4) Alternative water supplies that comply with drinking water standards 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 be at-risk 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 at-risk water system. The options shall address opportunities to consolidate public water systems, community water systems, state small water systems, and domestic wells that may benefit from the proposed solution.
(6) Engagement of members of the community served by the at-risk water system to improve understanding of the at-risk 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 at-risk water
system, including, but not limited to, all of 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 afford and support the operation and maintenance of new water infrastructure.
(8) Local agency actions that would be required to support each proposed solution, including consolidations, service extensions, and other organizations or sphere of influence updates pursuant to Division 3 (commencing with
Section 56000) of Title 5 of the Government Code.
(9) Consultation with the Office of Sustainable Water Solutions within the board, any local primacy agency with authority over the at-risk water system, and representatives of and community members served by the at-risk water system.
(c) A comprehensive analysis shall include a proposed plan that includes a set of options to address several problems either concurrently or sequentially that ensure the long-term sustainability of the at-risk water system.
(d) The Division of Drinking Water may do any of the following:
(1) Contract or otherwise provide funding, upon appropriation by the Legislature
from the fund to the board, to one or more of the following entities to complete the comprehensive assessment analysis:
(A) Central Basin Municipal Water District.
(B) Los Angeles County Department of Public Works.
(C) Metropolitan Water District of Southern California.
(D) Water Replenishment District of Southern California.
(E) A for-profit business, such as an engineering consulting firm.
(2) Organize a local advisory committee that may include local residents of the at-risk water system, elected officials of local public agencies, local water
systems, business owners, or farmers.
(3) Organize an advisory 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) Notwithstanding any other law, a public water system, including, but not limited to, a special district, may act pursuant to a contract entered into under paragraph (1) of subdivision (d) outside of the jurisdictional boundary of the public water system.
117218.
The Division of Drinking Water shall, for each comprehensive analysis it posts pursuant to Section 117217, develop and submit a recommendation to the board as to the preferred options or plan presented by the comprehensive analysis within 60 days of posting the comprehensive analysis to the board’s internet website. The Division of Drinking Water may adjust the options or plan it recommends to the board as necessary. The board shall post the recommendations of the Division of Drinking Water on the board’s internet website.117219.
(a) Within 90 days of receiving the recommendation of the Division of Drinking Water pursuant to Section 117218, the board shall consider the comprehensive analysis and the 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 purposes of this section if the recommendation of the Division of Drinking Water involves an at-risk water system subject to the Public Utilities 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 in the Central Basin. The board may contract with one or more of the following entities to implement the sustainable plan for restoring safe drinking water in the Central Basin:
(1) Central Basin Municipal Water District.
(2) Los Angeles County Department of Public Works.
(3) Metropolitan Water District of Southern California.
(4) Water Replenishment District of Southern California.
(5) A for-profit business, such as an engineering consulting firm.
(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) Notwithstanding any other law, a public water system, including, but not limited to, a special district, may act pursuant to a contract entered into under subdivision (b) outside of the jurisdictional
boundary of the public water system.