Today's Law As Amended

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AB-2238 Public water systems: drinking water.(2011-2012)

As Amends the Law Today


 Section 116475 of the Health and Safety Code is amended to read:

 (a) The Emergency Clean Water Grant Fund is hereby established in the General Fund and, notwithstanding Section 13340 of the Government Code, is continuously appropriated to the department, without regard to fiscal years, to provide financial assistance to public water systems and to fund emergency actions by the department to ensure that safe drinking water supplies are available to all Californians who are served by public water systems.
(b) The department  If the department determines that a public health emergency exists, the department  may expend funds in the Emergency Clean Water Grant Fund for the purposes specified in subdivision (a), including, but not limited to, payment for all of the following actions:
(1) The provision of alternative water supplies and including  bottled water.
(2) Improvements of the existing water supply system.
(3) Hookups with adjacent water systems.
(4) Design, purchase, installation, and operation and maintenance of water treatment technologies.
(5) The provision of interim water treatment.
(c) (1)  The department shall develop and revise guidelines for the allocation and administration of moneys in the Emergency Clean Water Grant Fund. These guidelines shall include, but are not limited to, all of the following:
(1)  A definition of what constitutes an emergency requiring an alternative or improved water supply.
(2)  (A)  Priorities and procedures for allocating funds.
(3)  (B)  Repayment provisions, as appropriate.
(4)  (C)  Procedures for recovering funds from parties responsible for the contamination of public water supplies.
(2)  The guidelines are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d) As used in this section, “public health emergency” means a sudden or unexpected event which has occurred, is occurring, or is an imminent threat, and requires immediate action to avoid or mitigate serious health effects to persons served by a public water system due to the public water system’s inability to provide an adequate supply of safe drinking water to its service area.
Public health emergency includes, but is not limited to, the following:
(1) A public water system that serves a severely disadvantaged community that either:
(A) Lacks the technical or financial capacity to deliver water that meets primary drinking water standards for which maximum contaminant levels have been established pursuant to this chapter.
(B) Has applied for funding for a project to address the public health emergency and the project is ranked on the project priority list established pursuant to Section 116760.70.
(2) Disruption or contamination of drinking water supplies caused by events, including, but not limited to, fire, flood, earthquake, drought, or other natural disaster.
(e) Direct expenditures, for the purposes of this section, shall be exempt from contracting and procurement requirements, including, but not limited to, requirements set forth by the Public Contract Code, to the extent necessary to take immediate action to protect public health and safety.
(f) Notwithstanding any other law, funding under this section, whether in the form of funding for emergency actions by the department or financial assistance to a public water system, for the provision of an alternative water supply, including bottled water, shall not exceed fifty thousand dollars ($50,000) per public water system per public health emergency.

SEC. 2.

 Section 116760.30 of the Health and Safety Code is amended to read:

 (a) There is hereby created in the State Treasury the Safe Drinking Water State Revolving Fund for the purpose of implementing this chapter, and, notwithstanding Section 13340 of the Government Code, moneys in  the fund are is  hereby continuously appropriated, without regard to fiscal years, to the board for expenditure in accordance with this chapter. department to provide, from moneys available for this purpose, grants or revolving fund loans for the design and construction of projects for public water systems that will enable suppliers to meet safe drinking water standards. The department shall be responsible for administering the fund. 
(b) Notwithstanding Section 10231.5 of the Government Code, the board shall,  department shall report  at least once every two years, post information on its Internet Web site and send a link of the Internet Web site  years  to the policy and budget committees of the Legislature regarding on  the implementation of this chapter and expenditures from the fund. The information posted on the board’s Internet Web site  report  shall describe the numbers and types of projects funded, the reduction in risks to public health from contaminants in drinking water provided through the funding of the projects, and the criteria used by the board department  to determine funding priorities. The Internet Web site posting  Commencing with reports submitted on or after January 1, 2013, the report  shall include the results of the United States Environmental Protection Agency’s most recent survey of the infrastructure needs of California’s public water systems, the amount of money available through the fund to finance those needs, the total dollar amount of all funding agreements executed pursuant to this chapter since the date of the previous report or Internet Web site post,  report,  the fund utilization rate, the amount of unliquidated obligations, and the total dollar amount paid to funding recipients since the previous report or  report. The department shall post on its  Internet Web site post. funding commitments made by the department in the previous two years for systems of less than 200 connections, for disadvantaged and severely disadvantaged communities, and for projects which achieve coordination or consolidation of multiple water systems. The department shall also identify, on its Internet Web site, projects which fall within the health-based funding categories of the priority list, as described in Section 116760.70, that have been bypassed for at least two years. 
(c) This section shall become operative on July 1, 2014. Notwithstanding any other law, the Controller may use the moneys in the Safe Drinking Water State Revolving Fund for loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. However, interest shall be paid on all moneys loaned to the General Fund from the Safe Drinking Water State Revolving Fund. Interest payable shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which loaned. This subdivision does not authorize any transfer that will interfere with the carrying out of the object for which the Safe Drinking Water State Revolving Fund was created. 
SEC. 3.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
To ensure all Californians have access to safe drinking waters supplies, especially in the time of a public health emergency.