Senate Bill No. 117

Introduced by Senator Rubio

January 17, 2013

An act to amend Sections 116275, 116475, and 116590 of, and to add Section 116276 to, the Health and Safety Code, relating to drinking water.

LEGISLATIVE COUNSEL’S DIGEST

SB 117, as introduced, Rubio. Drinking water: State Water Resources Control Board.

Existing law, the California Safe Drinking Water Act, provides for the operation of public water systems, and imposes on the State Department of Public Health various responsibilities and duties. Existing law requires the department to conduct research, studies, and demonstration projects relating to the provision of a dependable, safe supply of drinking water, to adopt regulations to implement the California Safe Drinking Water Act, and to enforce provisions of the federal Safe Drinking Water Act.

This bill would transfer the various duties and responsibilities imposed on the department by the California Safe Drinking Water Act to the State Water Resources Control Board and make conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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 begin delete department end delete begin insert state board end insert , may have an adverse effect on the
health of persons.

(2) Specific treatment techniques adopted by the begin delete department end delete
begin insert state board end insert 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 begin delete department end delete begin insert state board end insert that pertain to
maximum contaminant levels.

(d) “Secondary drinking water standards” means standards that
specify maximum contaminant levels that, in the judgment of the
begin delete department end delete begin insert state board end insert , 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 begin delete department end delete begin insert state board end insert
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
begin delete department end delete begin insert state board end insert 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
begin delete department end delete begin insert state board end insert 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 begin delete department end delete begin insert state board end insert 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 begin delete department end delete begin insert state board end insert 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.

begin insert

(ac) “State board” means the State Water Resources Control
Board.

end insert

SEC. 2.  

Section 116276 is added to the Health and Safety Code,
to read:

116276.  

(a) The state board succeeds to and is vested with all
of the authority, duties, powers, purposes, responsibilities, and
jurisdiction of the department pursuant to this chapter.

(b) Any regulations adopted before January 1, 2014, by the
department relating to carrying out the duties and responsibilities
transferred pursuant to subdivision (a), that are in effect on January
1, 2014, shall remain in effect on and after January 1, 2014, and
are enforceable until readopted, amended, or repealed by the state
board.

SEC. 3.  

Section 116475 of the Health and Safety Code is
amended to read:

116475.  

(a)  The Emergency Clean Water Grant Fund is hereby
established in the General Fund and, notwithstanding Section
13340 of the Government Code, is continuously appropriated to
the begin delete department end delete begin insert state board end insert , without regard to fiscal years, to
provide financial assistance to public water systems and to fund
emergency actions by the begin delete department end delete begin insert state board end insert to ensure that
safe drinking water supplies are available to all Californians who
are served by public water systems.

(b)  The begin delete department end delete begin insert state board end insert may expend funds in the
Emergency Clean Water Grant Fund for the purposes specified in
subdivision (a), including, but not limited to, payment for all of
the following actions:

(1)  The provision of alternative water supplies and bottled
water.

(2)  Improvements of the existing water supply system.

(3)  Hookups with adjacent water systems.

(4)  Design, purchase, installation, and operation and
maintenance of water treatment technologies.

(c)  The begin delete department end delete begin insert state board end insert shall develop and revise
guidelines for the allocation and administration of moneys in the
Emergency Clean Water Grant Fund. These guidelines shall
include, but are not limited to, all of the following:

(1)  A definition of what constitutes an emergency requiring an
alternative or improved water supply.

(2)  Priorities and procedures for allocating funds.

(3)  Repayment provisions, as appropriate.

(4)  Procedures for recovering funds from parties responsible
for the contamination of public water supplies.

The guidelines are not subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.

SEC. 4.  

Section 116590 of the Health and Safety Code is
amended to read:

116590.  

(a)  All funds received by the begin delete department end delete begin insert state board end insert
pursuant to this chapter, including, but not limited to, all civil
penalties collected by the begin delete department end delete begin insert state board end insert pursuant to
Article 9 (commencing with Section 116650) and Article 11
(commencing with Section 116725), shall be deposited into the
Safe Drinking Water Account that is hereby established. Funds in
the Safe Drinking Water Account may not be expended for any
purpose other than as set forth in this chapter. All moneys collected
by the begin delete department end delete begin insert state board end insert pursuant to Sections 116565 to
116600, inclusive, shall be deposited into the Safe Drinking Water
Account for use by the begin delete department end delete begin insert state board end insert , upon appropriation
by the Legislature, for the purpose of providing funds necessary
to administer this chapter.

(b)  The begin delete department’s end delete begin insert state board’s end insert hourly cost rate used to
determine the reimbursement for actual costs pursuant to Sections
116565, 116577, and 116580 shall be based upon the begin delete department’s end delete
begin insert state board’s end insert salaries, benefits, travel expense, operating,
equipment, administrative support, and overhead costs.

(c)  Notwithstanding Section 6103 of the Government Code,
each public water system operating under a permit issued pursuant
to this chapter shall pay the fees set forth in this chapter. A public
water system shall be permitted to collect a fee from its customers
to recover the fees paid pursuant to this chapter.

(d)  The fees collected pursuant to subdivision (b) of Section
116565 and subdivision (b) of Section 116570 shall be adjusted
annually pursuant to Section 100425, and the adjusted fee amounts
shall be rounded off to the nearest whole dollar.

(e)  Fees assessed pursuant to this chapter shall not exceed actual
costs to either the begin delete department end delete begin insert state board end insert or the local primacy
agency, as the case may be, related to the public water systems
assessed the fees.

(f)  In no event shall the total amount of funds received pursuant
to subdivision (a) of Section 116565, and subdivision (a) of Section
116577 from public water systems serving 1,000 or more service
connections exceed the following:

(1)  For the 2001-02 fiscal year, seven million dollars
($7,000,000).

(2)  For the 2002-03 fiscal year and subsequent fiscal years,
the total amount of funds shall not increase by more than 5 percent
of the amount collected for the previous fiscal year.

(g)  The begin delete department end delete begin insert state board end insert shall develop a time accounting
standard designed to do all of the following:

(1)  Provide accurate time accounting.

(2)  Provide accurate invoicing based upon hourly rates
comparable to private sector professional classifications and
comparable rates charged by other states for comparable services.
These rates shall be applied against the time spent by the actual
individuals who perform the work.

(3)  Establish work standards that address work tasks, timing,
completeness, limits on redirection of effort, and limits on the time
spent in the aggregate for each activity.

(4)  Establish overhead charge-back limitations, including, but
not limited to, charge-back limitations on charges relating to
reimbursement of services provided to the begin delete department end delete begin insert state board end insert
by other departments and agencies of the state, that reasonably
relate to the performance of the function.

(5)  Provide appropriate invoice controls.