SENATE BILL NO. 454
AMENDED IN SENATE MARCH 24, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Introduced by Senator McNerney
February 19, 2025
An act to add Chapter 4.9 (commencing with Section 116774.20) to Part 12 of Division 104 of the Health and Safety Code, relating to water, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 454, as amended, McNerney. State Water Resources Control Board: PFAS Mitigation Program.
Existing law designates the State Water Resources Control Board as the agency responsible for administering specific programs related to drinking water, including, among others, the California Safe Drinking Water Act and the Emerging Contaminants for Small or Disadvantaged Communities Funding Program.
This bill would create the PFAS Mitigation Fund in the General Fund State Treasury and would authorize the fund to be expended by the state board, upon appropriation by the Legislature, for purposes of these provisions.
The bill would authorize the state board to seek out and accept nonstate, federal, and private funds, require those funds to be deposited into the PFAS Reduction Account within the PFAS Mitigation Fund, and continuously appropriate the moneys in the account to the state board for purposes of these provisions, thereby making an appropriation. The bill would authorize the state board to expend moneys from the fund and account in the form of a grant, loan, or contract, or to provide assistance services to water suppliers and wastewater operators, sewer system providers, as those terms are defined, for multiple purposes, including, among other things, to cover or reduce the costs for water suppliers associated with treating drinking water to meet the applicable state and federal maximum PFAS perfluoroalkyl and polyfluoroalkyl substances (PFAS) contaminant levels. The bill would require a water supplier or wastewater operator sewer system provider to include a clear and definite purpose for how the funds will be used to provide a public benefit benefits to their community related to safe drinking water water, recycled water, or treated wastewater in order to be eligible to receive funds. The bill would authorize the state board require the state board, on or before July 1, 2027, to adopt guidelines to implement these provisions. provisions, as provided.
Digest Key
Vote: majority Appropriation: yes Fiscal Committee: yes Local Program: no Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:
SECTION 1. Chapter 4.9 (commencing with Section 116774.20) is added to Part 12 of Division 104 of the Health and Safety Code, to read:
CHAPTER 4.9. PFAS Mitigation Program
Article 1. Findings and Declarations
116774.20. (a) The Legislature finds and declares all of the following:
(1) Every Californian should enjoy the same degree of protection from environmental and health hazards. No single group of people should bear a disproportionate share of the negative environmental consequences and adverse health impacts arising from industrial, governmental, or commercial operations or policies. (2) State law also declares that it is the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. (3) Perfluoroalkyl and polyfluoroalkyl substances (PFAS) continues to be used in a broad range of industrial processes and in manufacturing products because of their water and stain resistant, nonstick, surfactant, and other properties, including for making packaging, plastic food ware, cleaning products, ski waxes, menstrual products, metal products, propellants, coatings and paints, and much more, despite the growing body of evidence that these chemicals may leach into food, water supplies, and even the human body through exposures.
(3)
(4) Concentrated perfluoroalkyl and polyfluoroalkyl substances (PFAS) PFAS contamination in water the environment creates cumulative health burdens resulting in communities with greater health risks, such as cancer, reproductive health and fertility effects, and immune system disorders. (4)Community
(5) PFAS makes its way into community water supplies and wastewater contain contamination with PFAS substances leaving water unsafe. wastewater. Water suppliers and wastewater suppliers treatment operators are not responsible for the introduction of PFAS into the environment, yet these local agencies are responsible for treating our water supplies to provide potable, safe drinking water and treating our wastewater so as to not harm the environment and prevent furthering the ubiquitous nature of PFAS. and wastewater. (5)
(6) Enhancing the long-term sustainability of drinking water systems and wastewater systems for all communities increases our communities’ resilience and environmental safety. (6)
(7) Funding for treating the infrastructure to treat PFAS in water supplies supplies, including recycled water, and wastewater systems under this chapter promotes investments for communities, including disadvantaged communities, and important contributions to those communities in adapting to a cleaner climate and environment.
(b) It is the intent of the Legislature that true environmental justice be brought to our state by beginning to address addressing PFAS contamination, including the continuing disproportionate environmental burdens in the state and on passive receivers by creating a fund to provide safe and clean water by treating for PFAS in every California community, for every Californian. for the treatment of PFAS in water, wastewater, and recycled water. (c) It is the intent of the Legislature that the state board, in managing the fund, strive to ensure all regions of the state receive an equitable level of consideration for funding pursuant to this chapter, to the extent practicable.
Article 2. PFAS Mitigation Fund
116774.21. For the purposes of this chapter, the follow definitions apply:
(a) “Account” means the PFAS Reduction Account established pursuant to Section 116774.22. (b) “Fund” means the PFAS Mitigation Fund established pursuant to Section 116774.22. (c) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(d) “Recycled water” has the same meaning as defined in subdivision (n) of Section 13050 of the Water Code. (e) “Sewer service provider” has the same meaning as defined in subdivision (n) Section 13288 of the Water Code.
(d)
(f) “State board” means the State Water Resources Control Board. (e)“Wastewater operator” means a person or entity who operates a wastewater treatment plant and who possesses a valid, unexpired operator certificate.
(f)
(g) “Water supplier” means a local public agency or private company supplying or storing water, or a mutual water company.
116774.22. (a) The PFAS Mitigation Fund is hereby created in the General Fund and may be expended by the state board, upon appropriation by the Legislature, for purposes of this chapter. State Treasury. Upon appropriation by the Legislature, moneys deposited into the fund shall be available for the state board to expend consistent with the purposes of this chapter.
(b) The state board may seek out and accept nonstate, federal, and private funds for purposes of this chapter, and those funds shall be deposited into the PFAS Reduction Account, which is hereby created within the PFAS Mitigation Fund. Notwithstanding Section 13340 of the Government Code, moneys in the account shall be continuously appropriated without regard to fiscal years to the state board for purposes of this chapter. 116774.23. (a) The state board may expend moneys from the fund and account in the form of a grant, loan, or contract, or to provide technical assistance services to water suppliers and wastewater operators sewer system providers for one or more of the following purposes:
(a)
(1) Cover or reduce the costs for water suppliers associated with treating drinking water water, including recycled water, to meet the applicable state advisory levels and applicable state and federal maximum PFAS contaminant levels.
(b)
(2) Cover or reduce the costs for wastewater operators sewer system providers associated with treating wastewater to meet applicable waste discharge requirements. or recycled water to reduce or remove PFAS. (c)
(3) Cover or reduce the costs for water suppliers or wastewater operators sewer system providers associated with proper disposal of PFAS contamination after treating drinking water and wastewater supplies. supplies, recycled water, or wastewater.
(d)
(4) Any other costs an applicant claims are associated with the removal of PFAS in drinking water water, recycled water, and wastewater.
(b) Eligible expenditures made pursuant to subdivision (a) shall include, but not be limited to, all of the following:
(1) Construction of a new treatment facility or to upgrade an existing treatment facility that addresses PFAS contamination.
(2) Infrastructure related to monitoring or pilot testing for PFAS treatment alternatives. (3) The costs associated with planning, design, and infrastructure for eligible projects. (c) The state board may expend no more than 5 percent of the total moneys available in the fund for the purposes of administering the fund.
116774.24. In order to be eligible for funds pursuant to this chapter, a water supplier or wastewater operator sewer system provider shall include a clear and definite purpose for how the funds will be used to provide a public benefit benefits to their community related to safe drinking water water, recycled water, or treated wastewater. 116774.25. The state board may (a) On or before July 1, 2027, the state board shall adopt guidelines to implement this chapter.
(b) The development of the guidelines shall include, but not be limited to, all of the following:
(1) Specific funding criteria from each funding source. (2) Identification of minimum and maximum grant amounts, based on percentage of the total annual moneys available.
(3) Opportunities for public comment, where the state board shall solicit stakeholder input by doing both of the following:
(A) Notify the public when draft guidelines are posted on the state board’s internet website. (B) Conduct two public workshops on the draft guidelines to receive and consider public comment prior to finalizing the guidelines.
Article 3. General Provisions
116774.26. Actions taken to implement, interpret, or make specific this chapter are not subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
116774.27. This chapter does not expand any obligation of the state to provide resources for the provisions of this chapter or to require the expenditure of additional resources beyond the amount of moneys deposited in the fund. 116774.28. The Legislature finds and declares that participation in an activity authorized for funding from the fund or a contribution to the fund by a federal, state, or local agency serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.