AB 728

This bill expands eligibility for nitrate-contaminated wells under the well

compensation grant program; expands eligibility for producer-led watershed

protection grants, lake protection grants, and river protection grants; and creates a

factor to be considered during preparation of the annual allocation plan for soil and

water resource conservation grants to counties.

Nitrates under the well compensation grant program

The 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, and not by any

other substance, is eligible for a grant only if the well is a water supply for livestock,

is used at least three months in each year, provides more than 100 gallons of water

per day for consumption by livestock, and contains nitrates in excess of 40 parts per

million. The bill removes the requirements that a water supply contaminated only

by nitrates be used for livestock, provide more than 100 gallons of water per day, and

contain nitrates in excess of 40 parts per million in order to be eligible for a grant

under the program. Under the bill, a well that is contaminated only by nitrates is

eligible for a grant if the well is used at least three months in each year.

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

program according to the 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 based on

levels of nitrate contamination.

Also under current law, a residential well that is contaminated only by bacteria

is not eligible for a grant unless the well is in an area that is contaminated by fecal

bacteria and the contamination is caused by livestock. The bill eliminates this

restriction.

The bill also requires DNR to award grants under the program only for the

remediation method that is most effective for the health and welfare of the claimant.

Finally, the bill requires DNR to report to the Joint Committee on Finance after the

end of each fiscal year on the number of applicants under the well compensation

program and the number and amount of grants provided during that fiscal year.

Producer-led watershed protection grants

Under current law, the Department of Agriculture, Trade and Consumer

Protection administers a program to provide watershed protection grants to

producer-led groups made up of farmers located in one watershed. The bill allows

grants under the program to be awarded to producer-led groups that are made up