CC - Item 3C & D - Supporting the Legislative Efforts to Accomplish Ground-water Clean-Up in San Gabriel Basin I
07 _ stat
eport
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER
DATE: MAY 5, 1999
RE: RESOLUTION NO. 99-19 SUPPORTING THE LEGISLATIVE
EFFORTS TO ACCOMPLISH GROUNDWATER CLEAN-UP IN
THE SAN GABRIEL BASIN;AND RESOLUTION NO. 99-20
SUPPORTING THE SAN GABRIEL BASIN DRINKING WATER
INITIATIVE
The San Gabriel Valley Water Association and the San Gabriel Basin Water Quality Authority
have requested that the City support the San Gabriel Basin Drinking Water Initiative by approving
the attached resolutions. The purpose of the initiative is to bring in outside funding to expedite
the cleanup of the San Gabriel Groundwater Basin.
Attached is information provided by the San Gabriel Valley Joint Task Force.
RECOMMENDATION
It is recommended that the Rosemead City Council adopt Resolutions No. 99-19 and No. 99-20
and direct the City Clerk to make the necessary notifications.
it
COUNCIL. AGENDA
MAY 111999
ITEM Na. L ., i`-D •
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San Gabriel Valley Joint Task Force
(628)8158930
Fax 815-8950
RE: SUPPORT FOR THE SAN GABRIEL BASIN DRINKING WATER INITIATIVE
Enclosed,for your review, is a packet containing information and sample re-sok/tons for the San
Gabriel Basin Drinking Water Initiative. This Initiative effort is the collaborative effort of both the San
Gabriel Valley Water Association and the San Gabriel Basin Water Quality Authority.
The basis for the Initiative is to bring in outside funding to expedta the cleanup of the San Gabriel
Groundwater Basin. Providing additional dollars would minimize conflicts between water producers,
potentially responsible parties(PRPs)and the EPA resulting in cleanup rather than protracted litigation,
mating an adverse effect on the local economy. .
The Initiative is an effort from both the Federal and state level. On the Federal side,Congressman
David Dreier is sponsoring H.R.910,co-sponsored by Congressmembers Matthew Martinez, Grace
Napolitano.and Gary Miller. H.R.910 will provide$75 million towards groundwater cleanup efforts end
$25 million for Perchlorate research. On the state level.Assembyrnan Bob Margetf introduced AB
1420 which seeks an appropriation of$10 million for groundwater cleanup. Assemblyman Martin
Gallegos authored AB 1217,which will exempt sales tax on equipment needed to treat contaminated
water. Senator Hilda Solis authored SJR 8,which memorializes the President and Congress to enact
H.R.910.
Thank you in advance for your support on this Initiative. Your resolutions of support will greatly aid in
rendering a unifying display of local support Please do not hesitate to contact me if you have any
questions or would like a presentation to your council. If you prefer,you can forward your resolutions of
support to my Upper San Gabriel Valley Municipal Water District address(enclosed)and I will forward
them to the appropriate offices or you can send them directly to the legislators'offices,but please
forward copies to me as well.
Again,thank you.
7Ly 4ci
V�^
Sam Pedroza
Initiative Coordinator
Enclosure
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ADDRESSES TO SEND-RESOLUTIONS OF SUPPORT
Sam Pedsoza
Upper San Gabriel-Valley Municipal Wats District
11310 Valley Blvd
El Morita.CA 91731
(626)443-2297
Fax(626)443-0617
Federal Legislation Rawhides of Sapport
Mark Mennen
Conger David Dreier
112N.r'tAve
Covina,CA 91723
(636)339-9078
Fax(626)339.6895
Blair Lyman
Congressman Matthew Martinez
Rayburn 11.O13.42269
Washington,D.C.20515
(202)225-5464
Paz(202)225-5467
Chuck Fuentes
CongteSSW mss GraceNapoltaro
Longwoall 11.0J3.#1407
Washington.D.C.20515
(202)225-5256
Stat Le2saties Resniu es of Support
Steve Johnson
Assemblyman Bob Margett
55 E.Huntington Dr.4120
Arcadia,CA 91006
(626)447-5894
Fax 447-6387
Jaime Garcia
Assemblyman Martin Gallegos
15625 Stafford Ave.#200
City of Industry,CA 9174
(626)961-8492
Fax(626)961-2699
Juan Carlos Torres
State Senator Hilda L.Solis
Capitol Building44039
Sa aoawnto,CA 95814
(9I6)445-1418
Fax(916)445-0485
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HR910IH
106th CONGRESS;
•
tat Session
H.R 910
To authorize the Secretary of the Army,act*through the Chief of Engineers and in coordination
with other Federal agency heads,to participate in the finding and implementation of a balanced,
long-term solution to the problems of groundwater contamination,watt supply,and reliability
affecting the San Gabriel groundwater basin in ragtime, and Se otherpuspoeen.
IN THE HOUSE OF REPRESENTATIVES
March 2,1999
Mr.DREIER'(for himself,Mr.HORN,Mr.MARTINEZ Mrs. NAPOLITANO,Mr. GARY
MILLER of California, and s.ROYBAL-ALLARD) irroduced the following b111;which wall
referred to the Comririttce on Transportation and Infrastructure
A BILL
To authorize the Secretary of the Anny, acting through the brief of Engineers and in coordination
with.other Federal agency heads,to participate in the funding and.implementation of a balanced,
tong-term solution to the problems of groundwater oontsminatiorti water supply,and reliability
effecting the San Gabriel groundwaterbasin in California, and for other purposes.
Be it enacted by the Senate and House ofReprveniatrvas of the United Stain of America in
Congress assembled
SECTION 1. SHORT TTTLE.
Thlt Act may be eked as the'San Gabriel Basin W ater,Quality Initiative,
SEC. 2. SAN GABRIEL BASIN RESTORATION FUND,
(a)ESTABLISHMENT OF THE RESTORATION FUND-Thera shall be established within
•
http://www,wngrose.goy/egi-lisiguery/z/c10611.R910: 3/3/99
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the Treasury of the United States an interest boating account to be known u the San Gabriel
Basin Resteratien Fund(in this section referred ton'Restoration Fund'),
(b)ADMINISTRATION OF THS RESTORATION FUND-The Restoration Fund shall be
administered by the Secretary of the Army(in this Act referred to as the'Secretary'), acting
through the Chief of Beone:a.The Secretary shall a/minister such Fund in cooperation with
the San Gabriel Basin Water Quality Authority,or its successor agency.
(e)PURPOSES OF me RESTORATION FUND-The proceeds of the Restoration Fund shall
be utilized by theSemetcy to design,construct,operate, and maintain water quality projects
edmiaietered by the San Gnbdel Basin Water Quality Authority.
(d)AUTHORIZATION OF APPROPRIATIONS-For each of the fiscal years 2000 through
2004,there is authorized to be appropriated to the Restoration Fund 515,000,000.
(e)CONTRIBUTIONS FROM THE STATE OP CALIFORNIA-The Secremty, acting
through the Chief of Engineers, is authorized to accept.end administer in cooperation with the
San Gabriel Basin Water Quality Authority any fluids which the State of California,local
government agencies,or private entities may contribute to the Restoration Fund.
(1)COMPLIANCE WITH APPLICABLE LAW-In carrying our the activities described in
subsection(e),the Secretary shall comply with any applicable Federal or State law.
(g)RELATIONSHIP TO OTHER ACTIVITIES-Netting 10 this Aot shall be construed to
act other Fedsil or State authorities that are being tiled or may be need to acilitate the
clef up and protection of the San Gabriel groundwater basis In carrying out the activities
dotalbed in subsection(c),the Secretary shall integrate such activities with ongoing Federal
and State projects and activities.None of the Emile mads available for the activities described
in subsection(e)pursuant to this Act shall be counted against any Federal authorization ceiling
establahedfor any previously authorized Federal projectsor activities. .
SEC.3. PERCHLORATE.
(a)INVESTIGATIONS AND PROTECTS-The Secretary,acting through the Chief of
Segment and in cooperation with State and loom govermnent agencies,is authorized to
participate in Studies and other investigative activities and in the plmming and design of
projects determined by the Seeretaxy to offs a long-tam solution to the prnblern of
groundwater contamination caused byperchlontes.
(b)AUTHORIZATION OF APPROPRIATIONS-Fertile purposes of carrying out the
activities authorized in subsection(a),there are authorized to be appropriated to the Secremty
S25,000.000.
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W California State Senate
Horst Senators Legislation Committees Schedules OfruttaiCaucuses Audio/TV Fr
Sunser11)e - Current Session Legislation-s
at fah SJR 8 Main San Gabriel Groundwater Basin.
Past Sessions
odes BILL NUMBER: SJR 8 INTRODUCED 02/18/99
Statute. INTRODUCED BY Senator Solis
"'smut' FEBRUARY 18, 1999 .
Senate Joint Resolution No. S--Relative to the Main San Gabriel
Groundwater Basin.
LEGISLATIVE COUNSEL'S DIGEST
SJR 8, as introduced, Solis. Main San Gabriel Groundwater Basin.
This measure would memorialize the President and Congress to enact
legislation to make available necessary funds to implement groundwater
remediation in the Main San Gabriel Groundwater Basin.
Fiscal committee: no.
• WHEREAS, The Main San Gabriel Groundwater Basin is the principal
source of drinking water for approximately 1.4 million people who live in
southern California; and
WHEREAS, The economy of the San Gabriel Valley is dependent upon
the availability of a safe, reliable source of water for the residents and
businesses in the region; and
WHEREAS, The groundwater supply in the Main San Gabriel Basin is
contaminated by both volatile organic compounds and inorganic
chemicals, including perchlorate, that are known to be carcinogenic and
otherwise dangerous to human health; and
WHEREAS, The presence of perchlorate contamination is directly
associated with the production of solid rocket fuels and explosives related
to the defense and national security of the United States of America; and
WHEREAS, The contaminated groundwater in the Main San Gabriel
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Groundwater Basin is now spreading toward Los Angeles County's
Central Groundwater Basin; and
WHEREAS, The spreading of contaminated groundwater into the
massive Central Groundwater Basin will adversely affect the drinking
water of over half of Los Angeles County; and
WHEREAS.The health and economy of the entire southern California
region may be devastated by the continued presence and possible
spreading of contaminated groundwater; and
WHEREAS, Perchlorate contamination of drinking water is a serious
health related problem in other areas of the United States outside
southern California; and
WHEREAS, The application of treatment technology in the Main San
Gabriel Basin may be used as a model for areas in the United States with
similar contamination problems; and
WHEREAS, All stakeholders affected by the contaminated groundwater
have joined together to support a comprehensive plan to treat the
contaminated groundwater and reclaim the Main San Gabriel
Groundwater Basin for the storage of a safe, reliable drinking water
source; now, therefore, be it
Resolved by the Senate and Assembly of the State of California, jointly,
That the Legislature respectfully memorializes the President and
Congress of the United States to enact legislation to make available
necessary funds to implement groundwater remediation in the Main San
Gabriel Groundwater Basin; and be it further
Resolved, That the Secretary of the Senate transmit copies of this
resolution to the President and Vice President, to the Speaker of the
House of.Representatives, the majority leader of the Senate, and each
Senator and Representative from California in the Congress of the
United States.
H Dore Senators .egizlation Committees Schedului 011icesiCaucuse. .\udlu/I'\ Foos:I
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Subscribe -Current Session Legislation-
Hill lnta
AB 1217 Sales and use taxes: exemptions: water treatment
post Sessions
Codes BILL NUMBER: AB 1217 INTRODUCED 02/26/99
Statutes INTRODUCED BY Assembly Member Gallegos (Coauthors:
Assembly Members Calderon, Havice, Margett, and Soto)
('.,stirla_orL (Coauthor: Senator Solis)
FEBRUARY 26, 1999
An act to add Section 6377.3 to the Revenue and Taxation Code, relating
to taxation, to take effect immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1217, as introduced, Gallegos. Sales and use taxes: exemptions: water
treatment equipment.
The Sales and Use Tax Law imposes a tax on the gross receipts from the
sale in this state of, or the storage, use, or other consumption in this state
•
of, tangible personal property. That law provides various exemptions
from that tax.
This bill would additionally exempt from sales and use tax tangible
personal property purchased for use by a qualified person, as defined, to
be used to treat contaminated water under specified conditions.
Counties and cities are authorized to impose local sales and use taxes in
conformity with state sales and use taxes. Exemptions from state sales
and use taxes enacted by the Legislature are incorporated into the local
taxes.
Section 2230 of the Revenue and Taxation Code provides that the state
will reimburse counties and cities for revenue losses caused by the
enactment of sales and use tax exemptions.
This bill would provide that, notwithstanding Section 2230 of the
Revenue and Taxation Code, no appropriation is made and the state shall
not reimburse local agencies for sales and use tax revenues lost by them
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pursuant to this bill.
This bill would take effect immediately as a tax levy, but its operative
date would depend on its effective date.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated
local program: yes.
SECTION 1. Section 6377.3 is added to the Revenue and Taxation Code,
to read:
6377.3. (a) There are exempted from the taxes imposed by this part the
gross receipts from the sale of, and the storage, use, or other consumption
in this state of, any of the following:
(1) Tangible personal property purchased for use by a qualified person to
be used primarily to treat water to meet or exceed standards established
by this state or any local or regional governmental agency within this
state, provided all of the following conditions are met:
(A) The water to be treated is the primary source of drinking water for a
population exceeding one million.
(B) The water to be treated contains multiple contaminants in excess of
state and federal drinking water standards and requires multiple
treatment processes in order to meet all applicable health standards.
(C) The presence of contaminants has severely impacted the availability
of water for a portion of the region.
(D) The treatment of water is necessary to restore the local water supply
and protect against the spread of contamination to uncontaminated
areas.
(2) Tangible personal property purchased for use by a qualified person to
be used primarily to maintain,repair, measure, or test any property
described in paragraph (1).
(b) This exemption shall not apply to any tangible personal property that
is used primarily in administration, general management, or marketing.
(c) For purposes of this section:
(1) "Primarily" means tangible personal property used 50 percent or more
of the time in an activity described in subdivision (a).
(2) "Qualified person" means a public agency or court-appointed
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groundwater management entity with statutory or contractual
responsibility for coordinating or implementing the cleanup of
contaminated groundwater, or any entity, public or private, that is
licensed by the State Department of Health Services to provide public
water service.
(3) "Tangible personal property" includes, but is not limited to, all of the
following:
(A) Machinery and equipment, including component parts, moving parts,
and operating structures.
(B) All equipment, materials, supplies, or devices used or required to
operate, control, regulate, or maintain the machinery or equipment,
including, but not limited to, telemetry equipment, computers and
computer software, and water filtration media and treatment resins.
•(d) No exemption shall be allowed under this section unless the
purchaser furnishes the retailer with an exemption certificate, completed
in accordance with any instructions or regulations as the board may
prescribe, and the retailer subsequently furnishes the board with a copy
of the exemption certificate. The exemption certificate shall contain the
sales price of the machinery and equipment that is exempt pursuant to
subdivision (a).
SEC. 2. Notwithstanding Section 2230 of the Revenue and Taxation
Code, no appropriation is made by this act and the state shall not
reimburse any local agency for any sales and use tax revenues lost by it
under this act.
SEC. 3. This act provides for a tax levy within the meaning of Article IV
of the Constitution and shall go into immediate effect, However, the
provisions of this act shall become operative on the first day of the first
calendar quarter commencing more than 90 days after the effective date
of this act.
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California State Senate
Hone Senator, Legislation Committees Schedules Offices/Caucuses Audio/TV Fr
Si_6rribe . —Current Session Legislation"'
Bili Info AB 1420 Main San Gabriel Groundwater Basin .
Past Sessions
o<!es BILL NUMBER: AB 1420 AMENDED 04/15/99
Statutes AMENDED IN ASSEMBLY APRIL 15, 1999
t a,'..stit#qun INTRODUCED BY Assembly Member Margett (Principal
coauthor: Senator Solis) (Coauthors:Assembly Members Gallegos,
Robert Pacheco, and Scott) (Coauthor: Senator Mountjoy)
FEBRUARY 26, 1999
Ler cee_:_1 6,.si., wae,.: Q..e:it r...t he_it). An act relating to the Main
San Gabriel Groundwater Basin, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1420, as amended, Margett. Main San Gabriel Groundwater Basin
iv..te. Cuilt
The San Gabriel Basin Water Quality Authority Act creates the San
Gabriel Basin Water Quality Authority and authorizes the authority to
accept federal, state, and local funds for the purposes of groundwater
cleanup in the Main San Gabriel Groundwater Bas in and otherwise
implementing the act.
This bill would -_ _ _. _ • - _ _ _ ..
appropriate $10,000,000 from the General Fund to the State
Water Resources Control Board for allocation to the San Gabriel Basin
Water Quality Authority, or its successor agency, to provide grants and
loans to local agencies to carry out groundwater remediation
demonstration projects in the Main San Gabriel Groundwater Basin. The
bill would make related legislative findings and declarations .
Vote: .3;a_It{ 2/3 . Appropriation: re-yes . Fiscal committee: .,e—yes .
State-mandated local program: no.
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SECTION 1. The Legislature finds and declares all of the following:
(a) The Main San Gabriel Groundwater Basin is the principal source of
drinking water for approximately 1.4 million people who live in southern
California.
(b) The economy of the San Gabriel Valley is dependent upon the
availability of a safe, reliable source of water for the residents and
businesses in the region.
(c) The groundwater supply in the Main San Gabriel Basin is
contaminated by both volatile organic compounds and inorganic
chemicals, including perchlorate, that are known to be carcinogenic and
otherwise dangerous to human health.
(d) The presence of perchlorate contamination is directly associated with.
the production of solid rocket fuels and explosives related to the defense
and national security of the United States of America.
(e) The contaminated groundwater in the Main San Gabriel Groundwater
Basin is now spreading toward Los Angeles County's Central
Groundwater Basin.
(n The spreading of contaminated groundwater into the massive Central
Groundwater Basin will adversely affect the drinking water of over half of
Los Angeles County.
(g) The health and economy of the entire southern California region may
be devastated by the continued presence and possible spreading of
contaminated groundwater.
(h) Perchlorate contamination of drinking water is a serious health related
problem in other areas of the United States outside southern California.
(i) The application of treatment technology in the Main San Gabriel Basin
may be used as a model for areas in the United States with similar
contamination problems.
(j)All stakeholders affected by the contaminated groundwater have joined
together to support a comprehensive plan to treat the contaminated
groundwater and reclaim the Main San Gabriel Groundwater Basin for
the storage of a safe, reliable drinking water source.
SEC. 2. (a) The sum of ten million dollars ($10,000,000) is hereby
appropriated from the General Fund to the State Water Resources Control
Board, for allocation to the San Gabriel Basin Water Quality Authority, or
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its successor agency, to provide grants and loans to local agencies to carry
out groundwater remediation demonstration projects in the Main San
Gabriel Groundwater Basin.
(b) The appropriation set forth in subdivision (a) does not affect the
imposition of any fines on responsible parties by the United States
Environmental Protection Agency in connection with contaminated
groundwater in the Main San. Gabriel Groundwater Basin. wat.._ n.a-iztr
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RESOLUTION NO. 99-19
A RESOLUTION OF THE CITY COUNCIL OF 111E
CITY OF ROSEMEAD SUPPORTING PHE LEGISLATIVE
EFFORTS TO ACCOMPLISH GROUNDWATER
CLEAN-UP IN THE SAN GABRIEL BASIN
WHEREAS, the San Gabriel Groundwater Basin is the principle source of drinking water
for about 1.4 million people who live in Southern California; and
WHEREAS,the economy of the San Gabriel Valley is dependent upon the availability of a
safe, reliable source of water for the residents and businesses in the region; and
WHEREAS, the contamination of the San Gabriel Basin's water supply was discovered in
1979, causing the loss of a vital, important local resource in several areas; and
WHEREAS,the groundwater supply in the San Gabriel Basin is contaminated by both
volatile organic compounds and inorganic chemicals, including perchlorate, that may be dangerous to
human health; and
WHEREAS, the restoration of the groundwater supply in the San Gabriel Basin will provide
benefits to the health and welfare of the residents and the environment; and
WHEREAS, the burden of funding the clean-up program would cause undue financial
hardship on the San Gabriel Valley.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ROSEMEAD THAT:
SECTION 1. The City of Rosemead supports AB 1420 to appropriate $10,000,000 to assist
in the funding of groundwater cleanup projects in the San Gabriel Basin.
SECTION 2. The City of Rosemead supports AB 1217 to provide a sales tax exemption for
the purchase of equipment and facilities for the clean-up of the contamination in the San Gabriel
Groundwater Basin.
SECTION 3. The City of Rosemead supports SIR 8 which memorializes the President and
Congress of the United States to enact legislation to make available necessary funds to implement
groundwater remediation in the San Gabriel Groundwater Basin.
DONE, THIS 11th DAY OF MAY, 1999.
MAYOR
ATTEST:
City Clerk -
RESOLUTION NO. 99-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD SUPPORTING
I HE SAN GABRIEL DRINKING WATER INITIATIVE
WHEREAS, the San Gabriel Goundwater Basin is the principle source of drinking water for
about 1.4 million people who live in Southern California; and
WHEREAS, the economy of the San Gabriel Valley is dependent upon the availability of a
safe, reliable source of water for the residents and businesses in the region; and
WHEREAS, the goundwater supply in the San Gabriel Basin is contaminated by both
volatile organic compounds and inorganic chemicals, including perchlorate, that are known to be
carcinogenic and otherwise dangerous to human health; and
WHEREAS, the presence of perchlorate contamination is directly associated with the
production of solid rocket fuels and explosives related to the defense and national security of the
United States of America; and
WHEREAS, the contaminated groundwater in the San Gabriel Groundwater Basin is now
spreading toward Los Angeles County's Central groundwater basin; and
WHEREAS,the spreading of contaminated groundwater into the massive Central Basin will
adversely affect the drinking water of over half of Los Angeles County; and
WHEREAS, the health and economy of the entire Southern California region may be
devastated by the continuation and possible spreading of contaminated groundwater; and
WHEREAS, perchlorate contamination of drinking water is a serious health related problem
in other areas of the United States beyond Southern California; and
WHEREAS, the application of treatment technology in the San Gabriel basin may be used as
a model for areas in the United States with similar contamination problems; and
WHEREAS, all stakeholders affected by the contaminated groundwater have joined together
to support a comprehensive plan to treat the contaminated groundwater and reclaim the San Gabriel
Groundwater Basin for the storage of a safe, reliable drinking water source.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemead
that:
As an active stakeholder in the health and economy of the San Gabriel Valley, the City of
Rosemead recognized the government of the United States as a necessary participant in the clean-up
of the San Gabriel Basin Groundwater Basin.
As an active stakeholder in the City of Rosemead calls upon the Congress of the United
States to pass all necessary legislation to implement the San Gabriel Basin Drinking Water Initiative.
DONE THIS 11th DAY OF MAY, 1999.
MAYOR
ATTEST:
City Clerk