Clean Water Legislation Takes Center Stage
Water quality and nitrate contamination in disadvantaged
communities continues to be a significant policy issue.
Discussions surrounding funds for capital expenditure
and operations and maintenance costs for replacement
water in communities impacted by nitrates have included
both water and fertilizer assessments. Association
representatives have been in discussions with the
Governor’s staff on legislation to address water quality
issues. SB 623 (Monning/De León) has become the lead
bill in the fight to provide “clean water for
all.” The legislation has been amended with
substantive language outlined below.
The total collection for the program is
estimated to be $140 million annually for
clean drinking water, $30 million from
agriculture sources and $110 million from
a general fee on retail water service.
The agricultural funding will come from a
combination of sources developed from risk
evaluation including a $5 million assessment
(one half-cent per dollar spent) on fertilizer
and a dairy fee. The general fee will be
on retail water connection of $.95 per
month for residential and not to exceed $10
per month for commercial, industrial, and
institutional customers.
In exchange for the funding, agricultural entities that are
enrolled in irrigated lands programs or are designated
as a confined animal feeding operation receive liability
protection from state board orders. However, the
proposed statute does not protect against third party civil
or federal suits, which are deemed to be a lower threat
to agricultural operations. Almond Alliance as well as
other ag organizations, including Agricultural Council of
California, support the bill as currently drafted.
On September 1, the Assembly Appropriations Committee
referred the bill to the Assembly Rules Committee, making it
a two-year bill.
Additional Legislation on Environmental
Regulation and Biomass
SB 49 (De León/Stern) is an expansive environmental
measure that is being touted no “backsliding” on federal
environmental laws. The bill would require California
to enforce the federal Clean Air Act, Clean Water
Act, Endangered Species Act (ESA) and other similar
environmental laws and their implementing regulations
and policies as were in place on January 19, 2017.
Additionally, the bill would create a private right of
action in state law for citizen enforcement of the Clean
Air Act, Clean Water Act, and ESA if the citizen suit
provisions are removed from these federal laws. SB 49
would also add all species native to California that
are listed under the federal ESA to the list of species
protected by the California Endangered Species Act.
Almond Alliance is working collectively with a coalition
of ag and water users to oppose this legislation which
was amended September 5.
Maintaining a productive biomass industry continues
to be a priority for the Almond Alliance. AB 419
(Salas) would appropriate $500,000 to the University
of California to develop protocols for measuring the
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