AB 64

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

compensation grant program administered by the Department of Natural

Resources.

Under current law, 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 to provide more than 100 gallons of water per day for consumption by

livestock, and contains nitrates in excess of 40 parts per million. Under the bill, the

only eligibility requirement for a well that is contaminated only by nitrates is that

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.

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 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

amounts of grants provided during that fiscal year.