Chapter 5. Clean, Safe And Reliable Drinking Water of California Water Code >> Division 26.7. >> Chapter 5.
The sum of five hundred twenty million dollars
($520,000,000) shall be available, upon appropriation by the
Legislature from the fund, for expenditures, grants, and loans for
projects that improve water quality or help provide clean, safe, and
reliable drinking water to all Californians.
The projects eligible for funding pursuant to this chapter
shall help improve water quality for a beneficial use. The purposes
of this chapter are to:
(a) Reduce contaminants in drinking water supplies regardless of
the source of the water or the contamination.
(b) Assess and prioritize the risk of contamination to drinking
water supplies.
(c) Address the critical and immediate needs of disadvantaged,
rural, or small communities that suffer from contaminated drinking
water supplies, including, but not limited to, projects that address
a public health emergency.
(d) Leverage other private, federal, state, and local drinking
water quality and wastewater treatment funds.
(e) Reduce contaminants in discharges to, and improve the quality
of, waters of the state.
(f) Prevent further contamination of drinking water supplies.
(g) Provide disadvantaged communities with public drinking water
infrastructure that provides clean, safe, and reliable drinking water
supplies that the community can sustain over the long term.
(h) Ensure access to clean, safe, reliable, and affordable
drinking water for California's communities.
(i) Meet primary and secondary safe drinking water standards or
remove contaminants identified by the state or federal government for
development of a primary or secondary drinking water standard.
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.
Of the funds authorized by Section 79720, two hundred sixty
million dollars ($260,000,000) shall be available for deposit in the
State Water Pollution Control Revolving Fund Small Community Grant
Fund created pursuant to Section 13477.6 for grants for wastewater
treatment projects. Priority shall be given to projects that serve
disadvantaged communities and severely disadvantaged communities, and
to projects that address public health hazards. Projects may
include, but not be limited to, projects that identify, plan, design,
and implement regional mechanisms to consolidate wastewater systems
or provide affordable treatment technologies.
(a) (1) Of the funds authorized by Section 79720, two
hundred sixty million dollars ($260,000,000) shall be available for
grants and loans for public water system infrastructure improvements
and related actions to meet safe drinking water standards, ensure
affordable drinking water, or both. Priority shall be given to
projects that provide treatment for contamination or access to an
alternate drinking water source or sources for small community water
systems or state small water systems in disadvantaged communities
whose drinking water source is impaired by chemical and nitrate
contaminants and other health hazards identified by the state board.
Eligible recipients serve disadvantaged communities and are public
water systems or public agencies. The state board may make grants for
the purpose of financing feasibility studies and to meet the
eligibility requirements for a construction grant. Eligible expenses
may include initial operation and maintenance costs for systems
serving disadvantaged communities. Priority shall be given to
projects that provide shared solutions for multiple communities, at
least one of which is a disadvantaged community that lacks safe,
affordable drinking water and is served by a small community water
system, state small water system, or a private well. Construction
grants shall be limited to five million dollars ($5,000,000) per
project, except that the state board may set a limit of not more than
twenty million dollars ($20,000,000) for projects that provide
regional benefits or are shared among multiple entities, at least one
of which shall be a small disadvantaged community. Not more than 25
percent of a grant may be awarded in advance of actual expenditures.
(2) For the purposes of this subdivision, "initial operation and
maintenance costs" means those initial, eligible, and reimbursable
costs under a construction funding agreement that are incurred up to,
and including, initial startup testing of the constructed project in
order to deem the project complete. Initial operation and
maintenance costs are eligible to receive funding pursuant to this
section for a period not to exceed two years.
(b) The administering entity may expend up to twenty-five million
dollars ($25,000,000) of the funds allocated in subdivision (a) for
technical assistance to eligible communities.
(c) The state board shall deposit up to two million five hundred
thousand dollars ($2,500,000) of the funds available pursuant to this
section into the Drinking Water Capital Reserve Fund, which is
hereby created in the State Treasury. Moneys in the Drinking Water
Capital Reserve Fund shall be available, upon appropriation by the
Legislature, and shall be administered by the state board for the
purpose of serving as matching funds for disadvantaged communities.
The state board shall develop criteria to implement this subdivision.
(a) 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.
(b) At least 10 percent of the funds available pursuant to this
chapter shall be allocated for projects serving severely
disadvantaged communities.
(c) Up to 15 percent of the funds available pursuant to this
chapter may be allocated for technical assistance to disadvantaged
communities. The agency administering this funding shall operate a
multidisciplinary technical assistance program for small and
disadvantaged communities.
(d) Funding for planning activities, including technical
assistance, to benefit disadvantaged communities may exceed 15
percent of the funds allocated, subject to the determination of the
need for additional planning funding by the state agency
administering the funding.
For the purpose of providing the state share needed to
leverage federal funds to assist communities in providing safe
drinking water, any funds appropriated for the purposes of Section
79724 shall be available for deposit in the Safe Drinking Water State
Revolving Fund, created by Section 116760.30 of the Health and
Safety Code, prior to expenditure.