California Water Policy Update: SB 454

SB 454 State Water Resources Control Board: PFAS Mitigation Program

By Luis Carmona, Resource Development Coordinator

BACKGROUND

Per- and polyfluoroalkyl substances PFAS are toxic substances used in thousands of commercial products. They are also known as “forever chemicals” and have been found in water systems serving at least 25.4 million Californians. In 2024, the United States Environmental Protection Agency (EPA) set new regulations for six different PFAS commonly found in drinking water, establishing enforceable limits, requiring monitoring, and mandating reduction efforts for public water systems with contamination above safe levels.

The EPA estimates the mandate will cost about $1.5 billion annually nationwide. Without alternative funding, local water agencies must cover the costs, likely leading to higher water rates for consumers.

SB 454 BY SENATOR MCNERNEY (D-05)

This legislation creates the PFAS Mitigation Fund under the State Water Resources Control Board (SWRCB), which can accept funding from federal, state, and private sources. This fund will allow local water agencies to access funding to help pay for the expensive process of removing PFAS contaminants from their water systems, save ratepayers money, and ensure communities have safe drinking water.

This bill would authorize the SWRCB to administer grants, loans, or contracts to local water suppliers and wastewater operators for the purpose of treating drinking water and wastewater.

Eligible expenditures to include but not be limited to: construction of new treatment facilities or upgrades to an existing treatment facility; infrastructure related to monitoring or pilot testing for PFAS treatment alternatives; and costs associated with planning, design, and infrastructure for eligible projects.

This bill would also establish eligibility criteria for water or sewer system providers in order to receive funds. SB 454 requires the SWRCB to adopt guidelines to implement this chapter by July 1, 2027.

If enacted, SB 454 would establish a dedicated funding source to support PFAS mitigation efforts, assisting local water agencies in meeting regulatory requirements while managing costs.

CURRENT STATUS

SB 454 passed with a 5-0 vote in the California Senate Environmental Quality Committee during its April 2nd hearing and is now advancing to the Senate Appropriations Committee.

According to recent communications between the California Rural Water Agency and Senator McNerney’s office, the bill has not yet been scheduled for a hearing in Appropriations.

However, it is anticipated that the measure will be considered on the committee’s Suspense Day.

DIGEST

This bill is supported by various organizations, including water agencies, municipal utilities, and environmental advocacy groups. Co-sponsors include the Association of California Water Agencies and the League of California Cities. Other supporters include the California Special Districts Association, Eastern Municipal Water District, and the California Association of Sanitation Agencies, among others.

This bill has not received any formal opposition.

To see the full list of supporters or get further information on SB 454 please contact lcarmona@calruralwater.org.

For more information on the EPA’s PFAS National Primary Drinking Water Regulation, click here.

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