Bill Text: CA SB454 | 2025-2026 | Regular Session | Introduced
Bill Title: State Water Resources Control Board: PFAS Mitigation Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-26 - Referred to Com. on E.Q. [SB454 Detail]
Download: California-2025-SB454-Introduced.html
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Senate Bill
No. 454
| Introduced by Senator McNerney |
February 19, 2025 |
An act to add Chapter 4.9 (commencing with Section 116774.20) to Part 12 of Division 104 of the Health and Safety Code, relating to water, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 454, as introduced, McNerney.
State Water Resources Control Board: PFAS Mitigation Program.
Existing law designates the State Water Resources Control Board as the agency responsible for administering specific programs related to drinking water, including, among others, the California Safe Drinking Water Act and the Emerging Contaminants for Small or Disadvantaged Communities Funding Program.
This bill would create the PFAS Mitigation Fund in the General Fund and would authorize the fund to be expended by the state board, upon appropriation by the Legislature, for purposes of these provisions. The bill would authorize the state board to seek out and accept nonstate, federal, and private funds, require those funds to be deposited into the PFAS Reduction Account within the PFAS Mitigation Fund, and continuously appropriate the moneys in the account to the state board for purposes of these provisions, thereby making an appropriation. The
bill would authorize the state board to expend moneys from the fund and account in the form of a grant, loan, or contract, or to provide assistance services to water suppliers and wastewater operators, as those terms are defined, for multiple purposes, including, among other things, to cover or reduce the costs for water suppliers associated with treating drinking water to meet the applicable state and federal maximum PFAS contaminant levels. The bill would require a water supplier or wastewater operator to include a clear and definite purpose for how the funds will be used to provide a public benefit related to safe drinking water or treated wastewater in order to be eligible to receive funds. The bill would authorize the state board to adopt guidelines to implement these provisions.
Digest Key
Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 4.9 (commencing with Section 116774.20) is added to Part 12 of Division 104 of the Health and Safety Code, to read:CHAPTER 4.9. PFAS Mitigation Program
Article 1. Findings and Declarations
116774.20.
(a) The Legislature finds and declares all of the following:(1) Every Californian should enjoy the same degree of protection from environmental and health hazards. No single group of people should bear a disproportionate share of the negative environmental consequences and adverse health impacts arising from industrial, governmental, or commercial operations or policies.
(2) State law also declares that it is the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.
(3) Concentrated
perfluoroalkyl and polyfluoroalkyl substances (PFAS) contamination in water creates cumulative health burdens resulting in communities with greater health risks, such as cancer, reproductive health and fertility effects, and immune system disorders.
(4) Community water supplies and wastewater contain contamination with PFAS substances leaving water unsafe. Water and wastewater suppliers are not responsible for the introduction of PFAS into the environment, yet these local agencies are responsible for treating our water supplies to provide potable, safe drinking water and treating our wastewater so as to not harm the environment and prevent furthering the ubiquitous nature of PFAS.
(5) Enhancing the long-term sustainability of drinking water systems and wastewater systems for all communities increases our communities’ resilience and environmental safety.
(6) Funding for treating PFAS in water supplies and wastewater systems under this chapter promotes investments for communities, including disadvantaged communities, and important contributions to those communities in adapting to a cleaner climate and environment.
(b) It is the intent of the Legislature that true environmental justice be brought to our state by beginning to address the continuing disproportionate environmental burdens in the state by creating a fund to provide safe and clean water by treating for PFAS in every California community, for every Californian.
(c) It is the intent of the Legislature that the state board, in managing the fund, strive to ensure all regions of the state receive an equitable level of consideration for funding pursuant to this chapter, to the extent
practicable.
Article 2. PFAS Mitigation Fund
116774.21.
For the purposes of this chapter, the follow definitions apply:(a) “Account” means the PFAS Reduction Account established pursuant to Section 116774.22.
(b) “Fund” means the PFAS Mitigation Fund established pursuant to Section 116774.22.
(c) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(d) “State board” means the State Water Resources Control Board.
(e) “Wastewater operator” means a person
or entity who operates a wastewater treatment plant and who possesses a valid, unexpired operator certificate.
(f) “Water supplier” means a local public agency or private company supplying or storing water, or a mutual water company.
116774.22.
(a) The PFAS Mitigation Fund is hereby created in the General Fund and may be expended by the state board, upon appropriation by the Legislature, for purposes of this chapter.(b) The state board may seek out and accept nonstate, federal, and private funds for purposes of this chapter, and those funds shall be deposited into the PFAS Reduction Account, which is hereby created within the PFAS Mitigation Fund. Notwithstanding Section 13340 of the Government Code, moneys in the account shall be continuously appropriated without regard to fiscal years to the state board for purposes of this chapter.
116774.23.
The state board may expend moneys from the fund and account in the form of a grant, loan, or contract, or to provide assistance services to water suppliers and wastewater operators for one or more of the following purposes:(a) Cover or reduce the costs for water suppliers associated with treating drinking water to meet the applicable state and federal maximum PFAS contaminant levels.
(b) Cover or reduce the costs for wastewater operators associated with treating wastewater to meet applicable waste discharge requirements.
(c) Cover or reduce the costs for water suppliers or wastewater operators associated with proper disposal of
PFAS contamination after treating drinking water and wastewater supplies.
(d) Any other costs an applicant claims are associated with the removal of PFAS in drinking water and wastewater.
