State Water Resources Control Board: PFAS Mitigation Program.

Senator McNerney, joined by coauthors Arreguín and Limón, frames a PFAS Mitigation Program that would create a dedicated PFAS Mitigation Fund in the State Treasury to support remediation of PFAS in drinking water, recycled water, stormwater, and treated wastewater through grants, loans, contracts, or technical assistance to water suppliers and sewer system providers, with the program operative only if the Legislature appropriates funds for its purposes. The core objective centers on enabling treated drinking water to meet applicable state and federal PFAS contaminant levels by financing treatment, monitoring, planning, and related costs, while requiring recipients to demonstrate a clear public-benefit purpose related to safe water and wastewater management.

Key mechanisms include the Fund’s creation and the ability to attract nonstate, federal, and private funds designated for PFAS remediation, which would be deposited into the fund and continuously appropriated to the state board for the chapter’s purposes, subject to legislative appropriation. The state board may establish accounts within the fund, and may expend moneys in the form of grants, loans, contracts, or technical assistance to water suppliers and sewer system providers for multiple purposes, including constructing or upgrading PFAS treatment facilities, funding monitoring infrastructure, and covering disposal costs after treatment. Eligible expenditures explicitly encompass planning, design, and related infrastructure, with a cap of up to 5 percent of total fund moneys available for administration. To be eligible, a water supplier or sewer system provider must articulate a clear purpose for benefits to the community related to safe drinking water, recycled water, stormwater, or treated wastewater, and guidelines will specify funding criteria and minimum/maximum grant amounts, along with public-comment opportunities and two required workshops prior to finalizing guidelines.

The program’s operation is contingent on an appropriation, and it includes provisions that actions to implement the chapter are not subject to the Administrative Procedure Act, while also recognizing environmental justice aims through findings and intent statements that emphasize equitable distribution of benefits across regions to the extent practicable. The bill notes it does not expand the state’s obligation to provide resources for the provisions and sets forth a public-purpose framework for participation by federal, state, or local agencies as not constituting a gift of public funds. Public participation requirements—draft postings and two workshops—are paired with the guidelines process, creating a structured pathway for stakeholder input before a funded program becomes active and funds begin flowing to eligible projects.