AB 789

This bill makes changes to the well compensation grant program administered

by the Department of Natural Resources.

Under the program currently, an individual owner or renter of a contaminated

private well, subject to eligibility requirements, may apply for a grant from DNR to

cover a portion of the costs to treat the water, reconstruct the well, construct a new

well, connect to a public water supply, or fill and seal the well.

Under current law, a well that is contaminated only by nitrates is eligible for

a grant only if the well is a water supply for livestock, is used at least three months

in each year, and contains nitrates in excess of 40 parts per million. The bill

eliminates these restrictions, making wells contaminated only by nitrates eligible for

the program more generally.

Current law requires DNR to allocate money for payments of claims under the

program according to order in which claims are received. The bill retains this

requirement but provides that, among claims for contamination only by nitrates,

DNR must allocate payments according to a specified priority ranking.

The bill also requires DNR to award grants for the remediation method that is

most effective for the health and welfare of the claimant. In addition, the bill provides

that, of the amounts appropriated to DNR for the program, at least $200,000 must

be allocated for claims of water containing nitrates at 10 to 25 parts per million

unless DNR determines there are insufficient claims at that level to expend those

moneys.