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| 1 | + | Amended IN Assembly March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1490Introduced by Assembly Member GrayFebruary 17, 2017 An act to add Section 13169.5 to the Water Code, relating to water quality. LEGISLATIVE COUNSEL'S DIGESTAB 1490, as amended, Gray. State Water Resources Control Board: school drinking water. Existing law establishes the State Water Resources Control Board and the 9 California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law requires the State Water Resources Control Board to formulate and adopt state policy for water quality control. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region and prohibits a water quality control plan or a revision of the plan adopted by a regional board from becoming effective unless it is approved by the state board.Existing law, the California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA authorizes a public agency to approve a project that would result in significant effects on the environment that are not feasible to mitigate by issuing a statement of overriding consideration making a finding that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. This bill would require the state board, before adopting or approving a water quality control plan, water quality objectives, or a program of implementation, to evaluate impacts on primary drinking water standards and secondary drinking water standards for, and impacts on groundwater basins that provide drinking water to, impacted local education agencies located in whole or in part in a disadvantaged community. The bill, if the state board finds any defined significant effect in this evaluation, would prohibit the state board from adopting a statement of overriding consideration. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13169.5 is added to the Water Code, to read:13169.5. (a) For purposes of this section:(1) Disadvantaged community means a community identified pursuant to Section 39711 of the Health and Safety Code.(2) Primary drinking water standard has the same meaning as provided in Section 116275 of the Health and Safety Code.(3) Secondary drinking water standard has the same meaning as provided in Section 116275 of the Health and Safety Code.(4) Significant effect means a substantial or potentially substantial adverse change.(b) Before adopting or approving a water quality control plan, water quality objectives, or a program of implementation, the state board shall evaluate impacts on primary drinking water standards and secondary drinking water standards for, and impacts on groundwater basins that provide drinking water to, impacted local educational agencies located, in whole or in part, in a disadvantaged community.(c)If pursuant to subdivision (b), the state board finds any significant effect on a groundwater basin, primary drinking water standard, or secondary drinking water standard, the state board shall not adopt a statement of overriding consideration pursuant to Section 21081 of the Public Resources Code. | |
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| 3 | - | ||
| 3 | + | Amended IN Assembly March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1490Introduced by Assembly Member GrayFebruary 17, 2017 An act to add Section 13169.5 to the Water Code, relating to water quality. LEGISLATIVE COUNSEL'S DIGESTAB 1490, as amended, Gray. State Water Resources Control Board: school drinking water. Existing law establishes the State Water Resources Control Board and the 9 California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law requires the State Water Resources Control Board to formulate and adopt state policy for water quality control. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region and prohibits a water quality control plan or a revision of the plan adopted by a regional board from becoming effective unless it is approved by the state board.Existing law, the California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA authorizes a public agency to approve a project that would result in significant effects on the environment that are not feasible to mitigate by issuing a statement of overriding consideration making a finding that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. This bill would require the state board, before adopting or approving a water quality control plan, water quality objectives, or a program of implementation, to evaluate impacts on primary drinking water standards and secondary drinking water standards for, and impacts on groundwater basins that provide drinking water to, impacted local education agencies located in whole or in part in a disadvantaged community. The bill, if the state board finds any defined significant effect in this evaluation, would prohibit the state board from adopting a statement of overriding consideration. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 30, 2017 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 17, 2017 | |
| 8 | 7 | Amended IN Assembly March 30, 2017 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 1490 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Assembly Member GrayFebruary 17, 2017 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Gray | |
| 17 | 16 | February 17, 2017 | |
| 18 | 17 | ||
| 19 | 18 | An act to add Section 13169.5 to the Water Code, relating to water quality. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | AB 1490, as amended, Gray. State Water Resources Control Board: school drinking water. | |
| 26 | 25 | ||
| 27 | - | Existing law establishes the State Water Resources Control Board and the 9 California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law requires the State Water Resources Control Board to formulate and adopt state policy for water quality control. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region and prohibits a water quality control plan or a revision of the plan adopted by a regional board from becoming effective unless it is approved by the state board.This bill would require the state board, before adopting or approving a water quality control plan, water quality objectives, or a program of implementation, to evaluate impacts on primary drinking water standards and secondary drinking water standards for, and impacts on groundwater basins that provide drinking water to, impacted local education agencies located in whole or in part in a disadvantaged community. | |
| 26 | + | Existing law establishes the State Water Resources Control Board and the 9 California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law requires the State Water Resources Control Board to formulate and adopt state policy for water quality control. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region and prohibits a water quality control plan or a revision of the plan adopted by a regional board from becoming effective unless it is approved by the state board.Existing law, the California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA authorizes a public agency to approve a project that would result in significant effects on the environment that are not feasible to mitigate by issuing a statement of overriding consideration making a finding that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. This bill would require the state board, before adopting or approving a water quality control plan, water quality objectives, or a program of implementation, to evaluate impacts on primary drinking water standards and secondary drinking water standards for, and impacts on groundwater basins that provide drinking water to, impacted local education agencies located in whole or in part in a disadvantaged community. The bill, if the state board finds any defined significant effect in this evaluation, would prohibit the state board from adopting a statement of overriding consideration. | |
| 28 | 27 | ||
| 29 | 28 | Existing law establishes the State Water Resources Control Board and the 9 California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law requires the State Water Resources Control Board to formulate and adopt state policy for water quality control. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region and prohibits a water quality control plan or a revision of the plan adopted by a regional board from becoming effective unless it is approved by the state board. | |
| 30 | 29 | ||
| 31 | - | This bill would require the state board, before adopting or approving a water quality control plan, water quality objectives, or a program of implementation, to evaluate impacts on primary drinking water standards and secondary drinking water standards for, and impacts on groundwater basins that provide drinking water to, impacted local education agencies located in whole or in part in a disadvantaged community. no later than July 1, 2018, to prepare and submit to the Legislature a report evaluating potential adverse impacts resulting from the implementation of the Bay-Delta Water Quality Control Plan on the quality and supply of drinking water provided to schools in disadvantaged communities, as defined, in the state, including a summary describing any measures that may be implemented to address any adverse impacts identified in the report. The bill would require the state board, to the extent that funds are available, to provide financial assistance to schools in disadvantaged communities to address any adverse impacts on the supply and quality of drinking water provided to schools identified in the report. | |
| 30 | + | Existing law, the California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA authorizes a public agency to approve a project that would result in significant effects on the environment that are not feasible to mitigate by issuing a statement of overriding consideration making a finding that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. | |
| 31 | + | ||
| 32 | + | ||
| 33 | + | ||
| 34 | + | This bill would require the state board, before adopting or approving a water quality control plan, water quality objectives, or a program of implementation, to evaluate impacts on primary drinking water standards and secondary drinking water standards for, and impacts on groundwater basins that provide drinking water to, impacted local education agencies located in whole or in part in a disadvantaged community. The bill, if the state board finds any defined significant effect in this evaluation, would prohibit the state board from adopting a statement of overriding consideration. | |
| 32 | 35 | ||
| 33 | 36 | ## Digest Key | |
| 34 | 37 | ||
| 35 | 38 | ## Bill Text | |
| 36 | 39 | ||
| 37 | - | The people of the State of California do enact as follows:SECTION 1. Section 13169.5 is added to the Water Code, to read:13169.5. (a) For purposes of this section:(1) | |
| 40 | + | The people of the State of California do enact as follows:SECTION 1. Section 13169.5 is added to the Water Code, to read:13169.5. (a) For purposes of this section:(1) Disadvantaged community means a community identified pursuant to Section 39711 of the Health and Safety Code.(2) Primary drinking water standard has the same meaning as provided in Section 116275 of the Health and Safety Code.(3) Secondary drinking water standard has the same meaning as provided in Section 116275 of the Health and Safety Code.(4) Significant effect means a substantial or potentially substantial adverse change.(b) Before adopting or approving a water quality control plan, water quality objectives, or a program of implementation, the state board shall evaluate impacts on primary drinking water standards and secondary drinking water standards for, and impacts on groundwater basins that provide drinking water to, impacted local educational agencies located, in whole or in part, in a disadvantaged community.(c)If pursuant to subdivision (b), the state board finds any significant effect on a groundwater basin, primary drinking water standard, or secondary drinking water standard, the state board shall not adopt a statement of overriding consideration pursuant to Section 21081 of the Public Resources Code. | |
| 38 | 41 | ||
| 39 | 42 | The people of the State of California do enact as follows: | |
| 40 | 43 | ||
| 41 | 44 | ## The people of the State of California do enact as follows: | |
| 42 | 45 | ||
| 43 | - | SECTION 1. Section 13169.5 is added to the Water Code, to read:13169.5. (a) For purposes of this section:(1) | |
| 46 | + | SECTION 1. Section 13169.5 is added to the Water Code, to read:13169.5. (a) For purposes of this section:(1) Disadvantaged community means a community identified pursuant to Section 39711 of the Health and Safety Code.(2) Primary drinking water standard has the same meaning as provided in Section 116275 of the Health and Safety Code.(3) Secondary drinking water standard has the same meaning as provided in Section 116275 of the Health and Safety Code.(4) Significant effect means a substantial or potentially substantial adverse change.(b) Before adopting or approving a water quality control plan, water quality objectives, or a program of implementation, the state board shall evaluate impacts on primary drinking water standards and secondary drinking water standards for, and impacts on groundwater basins that provide drinking water to, impacted local educational agencies located, in whole or in part, in a disadvantaged community.(c)If pursuant to subdivision (b), the state board finds any significant effect on a groundwater basin, primary drinking water standard, or secondary drinking water standard, the state board shall not adopt a statement of overriding consideration pursuant to Section 21081 of the Public Resources Code. | |
| 44 | 47 | ||
| 45 | 48 | SECTION 1. Section 13169.5 is added to the Water Code, to read: | |
| 46 | 49 | ||
| 47 | 50 | ### SECTION 1. | |
| 48 | 51 | ||
| 49 | - | 13169.5. (a) For purposes of this section:(1) | |
| 52 | + | 13169.5. (a) For purposes of this section:(1) Disadvantaged community means a community identified pursuant to Section 39711 of the Health and Safety Code.(2) Primary drinking water standard has the same meaning as provided in Section 116275 of the Health and Safety Code.(3) Secondary drinking water standard has the same meaning as provided in Section 116275 of the Health and Safety Code.(4) Significant effect means a substantial or potentially substantial adverse change.(b) Before adopting or approving a water quality control plan, water quality objectives, or a program of implementation, the state board shall evaluate impacts on primary drinking water standards and secondary drinking water standards for, and impacts on groundwater basins that provide drinking water to, impacted local educational agencies located, in whole or in part, in a disadvantaged community.(c)If pursuant to subdivision (b), the state board finds any significant effect on a groundwater basin, primary drinking water standard, or secondary drinking water standard, the state board shall not adopt a statement of overriding consideration pursuant to Section 21081 of the Public Resources Code. | |
| 50 | 53 | ||
| 51 | - | 13169.5. (a) For purposes of this section:(1) | |
| 54 | + | 13169.5. (a) For purposes of this section:(1) Disadvantaged community means a community identified pursuant to Section 39711 of the Health and Safety Code.(2) Primary drinking water standard has the same meaning as provided in Section 116275 of the Health and Safety Code.(3) Secondary drinking water standard has the same meaning as provided in Section 116275 of the Health and Safety Code.(4) Significant effect means a substantial or potentially substantial adverse change.(b) Before adopting or approving a water quality control plan, water quality objectives, or a program of implementation, the state board shall evaluate impacts on primary drinking water standards and secondary drinking water standards for, and impacts on groundwater basins that provide drinking water to, impacted local educational agencies located, in whole or in part, in a disadvantaged community.(c)If pursuant to subdivision (b), the state board finds any significant effect on a groundwater basin, primary drinking water standard, or secondary drinking water standard, the state board shall not adopt a statement of overriding consideration pursuant to Section 21081 of the Public Resources Code. | |
| 52 | 55 | ||
| 53 | - | 13169.5. (a) For purposes of this section:(1) | |
| 56 | + | 13169.5. (a) For purposes of this section:(1) Disadvantaged community means a community identified pursuant to Section 39711 of the Health and Safety Code.(2) Primary drinking water standard has the same meaning as provided in Section 116275 of the Health and Safety Code.(3) Secondary drinking water standard has the same meaning as provided in Section 116275 of the Health and Safety Code.(4) Significant effect means a substantial or potentially substantial adverse change.(b) Before adopting or approving a water quality control plan, water quality objectives, or a program of implementation, the state board shall evaluate impacts on primary drinking water standards and secondary drinking water standards for, and impacts on groundwater basins that provide drinking water to, impacted local educational agencies located, in whole or in part, in a disadvantaged community.(c)If pursuant to subdivision (b), the state board finds any significant effect on a groundwater basin, primary drinking water standard, or secondary drinking water standard, the state board shall not adopt a statement of overriding consideration pursuant to Section 21081 of the Public Resources Code. | |
| 54 | 57 | ||
| 55 | 58 | ||
| 56 | 59 | ||
| 57 | 60 | 13169.5. (a) For purposes of this section: | |
| 58 | 61 | ||
| 59 | - | (1) | |
| 62 | + | (1) Disadvantaged community means a community identified pursuant to Section 39711 of the Health and Safety Code. | |
| 60 | 63 | ||
| 61 | 64 | (2) Primary drinking water standard has the same meaning as provided in Section 116275 of the Health and Safety Code. | |
| 62 | 65 | ||
| 63 | - | ||
| 64 | - | ||
| 65 | 66 | (3) Secondary drinking water standard has the same meaning as provided in Section 116275 of the Health and Safety Code. | |
| 66 | - | ||
| 67 | - | ||
| 68 | 67 | ||
| 69 | 68 | (4) Significant effect means a substantial or potentially substantial adverse change. | |
| 70 | 69 | ||
| 71 | - | ||
| 72 | - | ||
| 73 | 70 | (b) Before adopting or approving a water quality control plan, water quality objectives, or a program of implementation, the state board shall evaluate impacts on primary drinking water standards and secondary drinking water standards for, and impacts on groundwater basins that provide drinking water to, impacted local educational agencies located, in whole or in part, in a disadvantaged community. | |
| 74 | 71 | ||
| 75 | - | ||
| 76 | - | ||
| 77 | - | (b) (1) The state board, no later than July 1, 2018, shall prepare and submit to the Legislature a report evaluating potential adverse impacts resulting from the implementation of the Bay-Delta Water Quality Control Plan on the quality and supply of drinking water provided to schools in disadvantaged communities in the state, including a summary describing any measures that may be implemented to address any adverse impacts identified in the report. | |
| 78 | - | ||
| 79 | - | (2) To the extent that funds are available, the state board shall provide financial assistance to schools in disadvantaged communties to address any adverse impacts on the supply and quality of drinking water provided to schools identified in the report prepared pursuant to paragraph (1). | |
| 72 | + | (c)If pursuant to subdivision (b), the state board finds any significant effect on a groundwater basin, primary drinking water standard, or secondary drinking water standard, the state board shall not adopt a statement of overriding consideration pursuant to Section 21081 of the Public Resources Code. |