Section § 79770

Explanation

This law emphasizes the importance of preventing and cleaning up groundwater contamination for effective groundwater management. Water providers need to focus on groundwater quality, particularly when they are investing in projects like recharging groundwater with various water sources, adapting to climatic changes, and developing groundwater basins for local water storage. Additionally, it highlights the need to consider investments in groundwater recovery projects to enhance water supply reliability and adapt to water system variability.

Prevention and cleanup of groundwater contamination are critical components of successful groundwater management. Groundwater quality becomes especially important as water providers do the following:
(a)CA Water Code § 79770(a) Evaluate investments in groundwater recharge with surface water, stormwater, recycled water, and other conjunctive use projects that augment local groundwater supplies to improve regional water self-reliance.
(b)CA Water Code § 79770(b) Adapt to changing hydrologic conditions brought on by climate change.
(c)CA Water Code § 79770(c) Consider developing groundwater basins to provide much needed local storage options to accommodate hydrologic and regulatory variability in the state’s water delivery system.
(d)CA Water Code § 79770(d) Evaluate investments in groundwater recovery projects.

Section § 79771

Explanation

The law sets aside $900 million for projects in California to prevent or clean up groundwater contamination that affects drinking water sources. These funds can be used for necessary actions like competitive grants and loans, managed by the state board, to protect public health by ensuring clean drinking water.

Priorities for funding are given to projects where contamination threatens community drinking water, including urgent needs, potential spreading of contamination, and the promise to boost local water supply reliability. Projects focusing on recharging high-use groundwater basins or dealing with sites lacking responsible parties willing to pay for cleanup also receive priority.

Funds cannot cover cleanup costs already recoverable from those responsible for contamination, but they can help where costs can't be retrieved. Fund recipients must try to recover cleanup costs from responsible parties and use any recuperated funds strictly for further treatment and remediation activities.

(a)CA Water Code § 79771(a) The sum of nine hundred million dollars ($900,000,000) shall be available, upon appropriation by the Legislature from the fund, for expenditures on, and competitive grants, and loans for, projects to prevent or clean up the contamination of groundwater that serves or has served as a source of drinking water. Funds appropriated pursuant to this section shall be available to the state board for projects necessary to protect public health by preventing or reducing the contamination of groundwater that serves or has served as a major source of drinking water for a community.
(b)CA Water Code § 79771(b) Projects shall be prioritized based upon the following criteria:
(1)CA Water Code § 79771(b)(1) The threat posed by groundwater contamination to the affected community’s overall drinking water supplies, including an urgent need for treatment of alternative supplies or increased water imports if groundwater is not available due to contamination.
(2)CA Water Code § 79771(b)(2) The potential for groundwater contamination to spread and impair drinking water supply and water storage for nearby population areas.
(3)CA Water Code § 79771(b)(3) The potential of the project, if fully implemented, to enhance local water supply reliability.
(4)CA Water Code § 79771(b)(4) The potential of the project to maximize opportunities to recharge vulnerable, high-use groundwater basins and optimize groundwater supplies.
(5)CA Water Code § 79771(b)(5) The project addresses contamination at a site for which the courts or the appropriate regulatory authority has not yet identified responsible parties, or where the identified responsible parties are unwilling or unable to pay for the total cost of cleanup, including water supply reliability improvement for critical urban water supplies in designated superfund areas with groundwater contamination listed on the National Priorities List established pursuant to Section 105(a)(8)(B) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9605(a)(8)(B)).
(c)CA Water Code § 79771(c) Funding authorized by this chapter shall not be used to pay any share of the costs of remediation recovered from parties responsible for the contamination of a groundwater storage aquifer, but may be used to pay costs that cannot be recovered from responsible parties. Parties that receive funding for remediating groundwater storage aquifers shall exercise reasonable efforts to recover the costs of groundwater cleanup from the parties responsible for the contamination. Funds recovered from responsible parties may only be used to fund treatment and remediation activities.

Section § 79772

Explanation
This law allocates $80 million in grants to projects aimed at treating and cleaning up groundwater to prevent or reduce its contamination, ensuring it remains a safe source for drinking water.
Of the funds authorized by Section 79771, eighty million dollars ($80,000,000) shall be available for grants for treatment and remediation activities that prevent or reduce the contamination of groundwater that serves as a source of drinking water.

Section § 79772.5

Explanation

This law reallocates $80 million of bonds that were originally authorized under Section 79772. These funds will now be used for purposes defined in Division 45 of the Public Resources Code, starting with Section 80000. It overrides any other laws that might conflict with this allocation.

Notwithstanding any other law, eighty million dollars ($80,000,000) of the unissued bonds authorized for the purposes of Section 79772 are reallocated to finance the purposes of, and shall be authorized, issued, and appropriated in accordance with, Division 45 (commencing with Section 80000) of the Public Resources Code.

Section § 79773

Explanation

This section explains that funding can be used to address a wide range of harmful substances contaminating water. It includes chemicals such as nitrates, arsenic, mercury, and others.

The contaminants that may be addressed with funding pursuant to this chapter may include, but shall not be limited to, nitrates, perchlorate, MTBE (methyl tertiary butyl ether), arsenic, selenium, hexavalent chromium, mercury, PCE (perchloroethylene), TCE (trichloroethylene), DCE (dichloroethene), DCA (dichloroethane), 1,2,3-TCP (trichloropropane), carbon tetrachloride, 1,4-dioxane, 1,4-dioxacyclohexane, nitrosodimethylamine, bromide, iron, manganese, and uranium.

Section § 79774

Explanation

This law section outlines the requirements for projects receiving funding under a specific program. Projects are selected through a competitive grant or loan process, with a preference for those that include private, federal, or local funding. Applicants are typically required to cover at least 50% of project costs, but this requirement might be reduced or waived for projects in disadvantaged or economically distressed areas.

The agency in charge must evaluate whether the community can afford the facility's ongoing operation and maintenance costs. At least 10% of the program's funds must support projects benefitting severely disadvantaged communities.

Additionally, funding must provide technical assistance to these disadvantaged communities, and a specialized program must be in place to offer this help.

(a)CA Water Code § 79774(a) A project that receives funding pursuant to this chapter shall be selected by a competitive grant or loan process with added consideration for those projects that leverage private, federal, or local funding.
(b)CA Water Code § 79774(b) For the purposes of awarding funding under this chapter, a local cost share of not less than 50 percent of the total costs of the project shall be required. The cost-sharing requirement may be waived or reduced for projects that directly benefit a disadvantaged community or an economically distressed area.
(c)CA Water Code § 79774(c) An agency administering grants or loans for the purposes of this chapter shall assess the capacity of a community to pay for the operation and maintenance of the facility to be funded.
(d)CA Water Code § 79774(d) At least 10 percent of the funds available pursuant to this chapter shall be allocated for projects serving severely disadvantaged communities.
(e)CA Water Code § 79774(e) Funding authorized by this chapter shall include funding for technical assistance to disadvantaged communities. The agency administering this funding shall operate a multidisciplinary technical assistance program for small and disadvantaged communities.

Section § 79775

Explanation

This section sets aside $100 million for competitive grants. These grants are for projects that develop and carry out groundwater plans according to specific planning requirements set by law.

Of the funds authorized by Section 79771, one hundred million dollars ($100,000,000) shall be made available for competitive grants for projects that develop and implement groundwater plans and projects in accordance with groundwater planning requirements established under Division 6 (commencing with Section 10000).