BILL NUMBER: AB 1194	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 30, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2011
	AMENDED IN SENATE  AUGUST 18, 2011
	AMENDED IN SENATE  JUNE 27, 2011

INTRODUCED BY   Assembly Member Block

                        FEBRUARY 18, 2011

   An act to amend Sections 116275, 116280, 116565, and 116650 of,
and to repeal Section 116282 of, the Health and Safety Code, relating
to drinking water.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1194, Block. Drinking water.
   The Calderon-Sher Safe Drinking Water Act of 1996 requires the
State Department of Public Health to, among other things, adopt
regulations relating to primary and secondary drinking water
standards for contaminants in drinking water. The act authorizes the
department to enter into primacy delegation agreements with local
health officers for enforcement of these provisions. The act defines
various terms, including human consumption, which means the use of
water for drinking, bathing or showering, hand washing, or oral
hygiene.
   This bill would include cooking, including, but not limited to,
preparing food and washing dishes, in the definition of human
consumption.
   The act provides that its provisions are not applicable to a
public water system that meets specified conditions, including that
the system sells water to users through a submetered service system
if the water supply is obtained from a public water system to which
the act applies.
   This bill would exempt public water systems that sell water,
obtained from a public water system that is subject to the act,
through a submetered distribution system if each user of the system
is charged no more than the rate the user would be charged by the
public water system.
   The act exempts from water quality requirements noncommunity water
systems that meet specified criteria, including that the system does
not provide water for human consumption, other than handwashing,
unless bottled water from an approved source is provided. The act
requires these exempted noncommunity water systems to be tested
annually for specified bacteria.
   This bill would repeal this exemption. By adding entities to
regulate, this bill would increase the duties of local health
officers that have received primacy delegation, and would impose a
state-mandated local program.
   The act allows the department to issue a citation if the
department finds that a public water system is in violation of the
act or any regulation, permit, standard, or order issued or adopted
thereunder and specifies procedures for service and form of the
citation. The act classifies citations according to the nature of the
violation or the failure to comply and assesses penalties based on
that classification.
   This bill would allow the department to issue a citation if it
finds that a public water system is in violation of the act or any
regulation, permit, standard, citation, or order issued or adopted
thereunder. The bill would make specified changes to the process for
service and the form of the citation. The bill would also set the
penalty that may be set by the department at an amount not to exceed
$1,000 per day for each day that a violation occurred and for each
day that a violation continues to occur, and would eliminate the
classification process. The bill would allow a separate penalty for
each violation.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 116275 of the Health and Safety Code is amended
to read:
   116275.  As used in this chapter:
   (a) "Contaminant" means any physical, chemical, biological, or
radiological substance or matter in water.
   (b) "Department" means the State Department of Public Health.
   (c) "Primary drinking water standards" means:
   (1) Maximum levels of contaminants that, in the judgment of the
department, may have an adverse effect on the health of persons.
   (2) Specific treatment techniques adopted by the department in
lieu of maximum contaminant levels pursuant to subdivision (j) of
Section 116365.
   (3) The monitoring and reporting requirements as specified in
regulations adopted by the department that pertain to maximum
contaminant levels.
   (d) "Secondary drinking water standards" means standards that
specify maximum contaminant levels that, in the judgment of the
department, are necessary to protect the public welfare. Secondary
drinking water standards may apply to any contaminant in drinking
water that may adversely affect the odor or appearance of the water
and may cause a substantial number of persons served by the public
water system to discontinue its use, or that may otherwise adversely
affect the public welfare. Regulations establishing secondary
drinking water standards may vary according to geographic and other
circumstances and may apply to any contaminant in drinking water that
adversely affects the taste, odor, or appearance of the water when
the standards are necessary to ensure a supply of pure, wholesome,
and potable water.
   (e) "Human consumption" means the use of water for drinking,
bathing or showering, hand washing, oral hygiene, or cooking,
including, but not limited to, preparing food and washing dishes.
   (f) "Maximum contaminant level" means the maximum permissible
level of a contaminant in water.
   (g) "Person" means an individual, corporation, company,
association, partnership, limited liability company, municipality,
public utility, or other public body or institution.
   (h) "Public water system" means a system for the provision of
water for human consumption through pipes or other constructed
conveyances that has 15 or more service connections or regularly
serves at least 25 individuals daily at least 60 days out of the
year. A public water system includes the following:
   (1) Any collection, treatment, storage, and distribution
facilities under control of the operator of the system that are used
primarily in connection with the system.
   (2) Any collection or pretreatment storage facilities not under
the control of the operator that are used primarily in connection
with the system.
   (3) Any water system that treats water on behalf of one or more
public water systems for the purpose of rendering it safe for human
consumption.
   (i) "Community water system" means a public water system that
serves at least 15 service connections used by yearlong residents or
regularly serves at least 25 yearlong residents of the area served by
the system.
   (j) "Noncommunity water system" means a public water system that
is not a community water system.
   (k) "Nontransient noncommunity water system" means a public water
system that is not a community water system and that regularly serves
at least 25 of the same persons over six months per year.
   (  l  ) "Local health officer" means a local health
officer appointed pursuant to Section 101000 or a local comprehensive
health agency designated by the board of supervisors pursuant to
Section 101275 to carry out the drinking water program.
   (m) "Significant rise in the bacterial count of water" means a
rise in the bacterial count of water that the department determines,
by regulation, represents an immediate danger to the health of water
users.
   (n) "State small water system" means a system for the provision of
piped water to the public for human consumption that serves at least
five, but not more than 14, service connections and does not
regularly serve drinking water to more than an average of 25
individuals daily for more than 60 days out of the year.
   (o) "Transient noncommunity water system" means a noncommunity
water system that does not regularly serve at least 25 of the same
persons over six months per year.
   (p) "User" means a person using water for domestic purposes. User
does not include a person processing, selling, or serving water or
operating a public water system.
   (q) "Waterworks standards" means regulations adopted by the
department that take cognizance of the latest available "Standards of
Minimum Requirements for Safe Practice in the Production and
Delivery of Water for Domestic Use" adopted by the California section
of the American Water Works Association.
   (r) "Local primacy agency" means a local health officer that has
applied for and received primacy delegation from the department
pursuant to Section 116330.
   (s) "Service connection" means the point of connection between the
customer's piping or constructed conveyance, and the water system's
meter, service pipe, or constructed conveyance. A connection to a
system that delivers water by a constructed conveyance other than a
pipe shall not be considered a connection in determining if the
system is a public water system if any of the following apply:
   (1) The water is used exclusively for purposes other than
residential uses, consisting of drinking, bathing, and cooking or
other similar uses.
   (2) The department determines that alternative water to achieve
the equivalent level of public health protection provided by the
applicable primary drinking water regulation is provided for
residential or similar uses for drinking and cooking.
   (3) The department determines that the water provided for
residential or similar uses for drinking, cooking, and bathing is
centrally treated or treated at the point of entry by the provider, a
passthrough entity, or the user to achieve the equivalent level of
protection provided by the applicable primary drinking water
regulations.
   (t) "Resident" means a person who physically occupies, whether by
ownership, rental, lease, or other means, the same dwelling for at
least 60 days of the year.
   (u) "Water treatment operator" means a person who has met the
requirements for a specific water treatment operator grade pursuant
to Section 106875.
   (v) "Water treatment operator-in-training" means a person who has
applied for and passed the written examination given by the
department but does not yet meet the experience requirements for a
specific water treatment operator grade pursuant to Section 106875.
   (w) "Water distribution operator" means a person who has met the
requirements for a specific water distribution operator grade
pursuant to Section 106875.
   (x) "Water treatment plant" means a group or assemblage of
structures, equipment, and processes that treats, blends, or
conditions the water supply of a public water system for the purpose
of meeting primary drinking water standards.
   (y) "Water distribution system" means any combination of pipes,
tanks, pumps, and other physical features that deliver water from the
source or water treatment plant to the consumer.
   (z) "Public health goal" means a goal established by the Office of
Environmental Health Hazard Assessment pursuant to subdivision (c)
of Section 116365.
   (aa) "Small community water system" means a community water system
that serves no more than 3,300 service connections or a yearlong
population of no more than 10,000 persons.
   (ab) "Disadvantaged community" means the entire service area of a
community water system, or a community therein, in which the median
household income is less than 80 percent of the statewide average.
  SEC. 2.  Section 116280 of the Health and Safety Code is amended to
read:
   116280.  This chapter does not apply to a public water system that
meets all of the following conditions:
   (a)  Consists only of distribution and storage facilities and does
not have any collection and treatment facilities.
   (b)  Obtains all of its water from, but is not owned or operated
by, a public water system to which this chapter applies.
   (c)  Does not sell water to any person or user. For purposes of
this subdivision, sale of water shall not include the sale of water,
obtained from a public water system that is subject to this chapter,
through a submetered distribution system if each user of the system
is charged no more than the rate the user would be charged by the
public water system.
   By enacting this subdivision, it is not the intent of the
Legislature to change existing law as to responsibility or liability
for distribution systems beyond the mastermeter.
  SEC. 3.  Section 116282 of the Health and Safety Code is repealed.
  SEC. 4.  Section 116565 of the Health and Safety Code is amended to
read:
   116565.  (a) Each public water system serving 1,000 or more
service connections and any public water system that treats water on
behalf of one or more public water systems for the purpose of
rendering it safe for human consumption, shall reimburse the
department for the actual cost incurred by the department for
conducting those activities mandated by this chapter relating to the
issuance of domestic water supply permits, inspections, monitoring,
surveillance, and water quality evaluation that relate to that
specific public water system. The amount of reimbursement shall be
sufficient to pay, but in no event shall exceed, the department's
actual cost in conducting these activities.
   (b) Each public water system serving less than 1,000 service
connections shall pay an annual drinking water operating fee to the
department as set forth in this subdivision for costs incurred by the
department for conducting those activities mandated by this chapter
relating to inspections, monitoring, surveillance, and water quality
evaluation relating to public water systems. The total amount of fees
shall be sufficient to pay, but in no event shall exceed, the
department's actual cost in conducting these activities.
Notwithstanding adjustment of actual fees collected pursuant to
Section 100425 as authorized pursuant to subdivision (d) of Section
106590, the amount that shall be paid annually by a public water
system pursuant to this section shall be as follows:
   (1) Community water systems, six dollars ($6) per service
connection, but not less than two hundred fifty dollars ($250) per
water system, which may be increased by the department, as provided
for in subdivision (f), to ten dollars ($10) per service connection,
but not less than two hundred fifty dollars ($250) per water system.
   (2) Nontransient noncommunity water systems pursuant to
subdivision (k) of Section 116275, two dollars ($2) per person
served, but not less than four hundred fifty-six dollars ($456) per
water system, which may be increased by the department, as provided
for in subdivision (f), to three dollars ($3) per person served, but
not less than four hundred fifty-six dollars ($456) per water system.

   (3) Transient noncommunity water systems pursuant to subdivision
(k) of Section 116275, eight hundred dollars ($800) per water system,
which may be increased by the department, as provided for in
subdivision (f), to one thousand three hundred thirty-five dollars
($1,335) per water system.
   (4) Noncommunity water systems in posession of a current exemption
pursuant to former Section 116282 on January 1, 2012, one hundred
two dollars ($102) per water system.
   (c) For purposes of determining the fees provided for in
subdivision (a), the department shall maintain a record of its actual
costs for pursuing the activities specified in subdivision (a)
relative to each system required to pay the fees. The fee charged
each system shall reflect the department's actual cost, or in the
case of a local primacy agency the local primacy agency's actual
cost, of conducting the specified activities.
   (d) The department shall submit an invoice for cost reimbursement
for the activities specified in subdivision (a) to the public water
systems no more than twice a year.
   (1) The department shall submit one estimated cost invoice to
public water systems serving 1,000 or more service connections and
any public water system that treats water on behalf of one or more
public water systems for the purpose of rendering it safe for human
consumption. This invoice shall include the actual hours expended
during the first six months of the fiscal year. The hourly cost rate
used to determine the amount of the estimated cost invoice shall be
the rate for the previous fiscal year.
   (2) The department shall submit a final invoice to the public
water system prior to October 1 following the fiscal year that the
costs were incurred. The invoice shall indicate the total hours
expended during the fiscal year, the reasons for the expenditure, the
hourly cost rate of the department for the fiscal year, the
estimated cost invoice, and payments received. The amount of the
final invoice shall be determined using the total hours expended
during the fiscal year and the actual hourly cost rate of the
department for the fiscal year. The payment of the estimated invoice,
exclusive of late penalty, if any, shall be credited toward the
final invoice amount.
   (3) Payment of the invoice issued pursuant to paragraphs (1) and
(2) shall be made within 90 days of the date of the invoice. Failure
to pay the amount of the invoice within 90 days shall result in a
10-percent late penalty that shall be paid in addition to the
invoiced amount.
   (e) Any public water system under the jurisdiction of a local
primacy agency shall pay the fees specified in this section to the
local primacy agency in lieu of the department. This section shall
not preclude a local health officer from imposing additional fees
pursuant to Section 101325.
   (f) The department may increase the fees established in
subdivision (b) as follows:
   (1) By February 1 of the fiscal year prior to the fiscal year for
which fees are proposed to be increased, the department shall publish
a list of fees for the following fiscal year and a report showing
the calculation of the amount of the fees.
   (2) The department shall make the report and the list of fees
available to the public by submitting them to the Legislature and
posting them on the department's Internet Web site.
   (3) The department shall establish the amount of fee increases
subject to the approval and appropriation by the Legislature.
  SEC. 5.  Section 116650 of the Health and Safety Code is amended to
read:
   116650.  (a) If the department determines that a public water
system is in violation of this chapter or any regulation, permit,
standard, citation, or order issued or adopted thereunder, the
department may issue a citation to the public water system. The
citation shall be served upon the public water system personally or
by certified mail. Service shall be deemed effective as of the date
of personal service or the date of receipt of the certified mail. If
a person to whom a citation is directed refuses to accept delivery of
the certified mail, the date of service shall be deemed to be the
date of mailing.
   (b) Each citation shall be in writing and shall describe the
nature of the violation or violations, including a reference to the
statutory provision, standard, order, citation, permit, or regulation
alleged to have been violated.
   (c) A citation may specify a date for elimination or correction of
the condition constituting the violation.
   (d) A citation may include the assessment of a penalty as
specified in subdivision (e).
   (e) The department may assess a penalty in an amount not to exceed
one thousand dollars ($1,000) per day for each day that a violation
occurred, and for each day that a violation continues to occur. A
separate penalty may be assessed for each violation.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.