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SB-623 Safe and Affordable Drinking Water Fund.(2017-2018)

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Date Published: 03/31/2017 04:00 AM
SB623:v98#DOCUMENT

Amended  IN  Senate  March 30, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 623


Introduced by Senator Monning
(Principal coauthor: Senator De León)

February 17, 2017


An act to add Chapter 4.6 (commencing with Section 116765) to Part 12 of Division 104 of the Health and Safety Code, relating to drinking water, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 623, as amended, Monning. Safe and Affordable Drinking Water Fund.
Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Existing law establishes the Office of Sustainable Water Solutions within the State Water Resources Control Board with the purpose of promoting permanent and sustainable drinking water and wastewater treatment solutions to ensure the effective and efficient provision of safe, clean, affordable, and reliable drinking water and wastewater treatment services.
This bill would establish the Safe and Affordable Drinking Water Fund in the State Treasury and would provide that moneys in the fund are continuously appropriated to the board. office. The bill would require the board to administer the fund and authorize the board to provide for the deposit of federal contributions and voluntary contributions, gifts, grants, or bequests. The bill would require the board to expend moneys in the fund for grants, loans, contracts, or services to assist those without access to safe and affordable drinking water consistent with a fund implementation plan adopted annually by the board, as prescribed. The bill would require the board annually to prepare and make available a report of expenditures of the fund and to adopt annually, after a public hearing, an assessment of funding needed to ensure all Californians have access to safe drinking water. By creating a new continuously appropriated fund, this bill would make an appropriation.
Vote: TWO_THIRDSMAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 4.6 (commencing with Section 116765) is added to Part 12 of Division 104 of the Health and Safety Code, to read:
CHAPTER  4.6. Safe and Affordable Drinking Water

116765.
 For the purposes of this chapter:
(a) “Board” means the State Water Resources Control Board.
(b) “Community water system” has the same meaning as defined in Section 116275.
(c) “Fund” means the Safe and Affordable Drinking Water Fund established pursuant to Section 116766.
(d) “Nontransient noncommunity water system” has the same meaning as defined in Section 116275.
(e) “Public water system” has the same meaning as defined in Section 116275.

116765.116766.
 The Safe and Affordable Drinking Water Fund is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the State Water Resources Control Board Office of Sustainable Water Solutions within the board without regard to fiscal years. years, in accordance with this chapter. Moneys in the fund at the close of the fiscal year shall remain in the fund and shall not revert to the General Fund.

116767.
 (a) The board shall administer the fund for auditing purposes and for the purposes of this chapter.
(b) The board may expend up to 5 percent of the annual expenditures from the fund for reasonable costs associated with administration of the fund.
(c) The board may undertake any of the following actions to implement the fund:
(1) Provide for the deposit of any of the following available and necessary moneys into the fund:
(A) Federal contributions.
(B) Voluntary contributions, gifts, grants, or bequests.
(2) Enter into agreements for contributions to the fund from the federal government, local or state agencies, and private corporations or nonprofit organizations.
(3) Provide for appropriate audit, accounting, and fiscal management services, plans, and reports relative to the fund.
(4) Take additional incidental action as may be appropriate for adequate administration and operation of the fund.

116768.
 The board shall expend moneys in the fund for grants, loans, contracts, or services to assist those without access to safe and affordable drinking water consistent with the annual fund implementation plan developed pursuant to Section 116769. To the extent that funding is available, the assistance shall include the following:
(a) The provision of replacement water on an interim basis pending implementation of long-term solutions.
(b) Planning costs for the development of long-term solutions.
(c) Capital costs of implementing long-term solutions.
(d) Costs associated with maintaining and operating interim solutions and long-term solutions.
(e) Outreach and technical assistance to those without access to safe and affordable drinking water.

116769.
 Annually, the board shall do all of the following:
(a) Prepare and make available a report of expenditures from the fund.
(b) Adopt, after a public hearing, an assessment of funding needed to ensure all Californians have access to safe drinking water. This annual assessment shall include a list of community water systems and nontransient noncommunity water systems without access to safe drinking water, as well as identification of small communities and rural populations not served by public water systems that do not have access to safe drinking water.
(c) Adopt, after a public hearing, a fund implementation plan with priorities and guidelines for expenditures of the fund. The board shall work with a multistakeholder advisory group that shall be open to participation by representatives of entities paying into the fund, public water systems, technical assistance providers, local agencies, affected persons, nongovernmental organizations, and the public, to establish priorities for the plan.