Amended in Senate July 9, 2015

Amended in Senate June 19, 2015

Amended in Senate June 8, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1531


Introduced by Committee on Environmental Safety and Toxic Materials (Assembly Members Alejo (Chair), Gonzalez, McCarty, and Ting)

March 23, 2015


An act to amend Sections 6103.4 and 53082.5 of the Government Code, to amend Sections 116270, 116275, 116380,begin delete 116551, 116552,end delete 116655, 116735, 116751, 116760.20, 116761.65, and 117125 of, to add Sections 116365.03, 116701, and 116760.38 to, to repealbegin delete Sections 116293, 116365.5, andend deletebegin insert Sectionend insert 116379 of, and to repeal and add Section 116761.70 of, the Health and Safety Code, and to amend Sections 13176, 13177, 13177.5, 13177.6, 13178, 13181, 13275, 13285, 13304.1, 13392, 13392.5, 13393.5, 13400, 13426, 13476, 13477.6, 13480, and 79702 of, and to repeal Section 13331.2 of, the Water Code, relating to water, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 1531, as amended, Committee on Environmental Safety and Toxic Materials. State Water Resources Control Board.

(1) Existing law, the California Safe Drinking Water Act (state act), requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. The state board’s duties include, but are not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act (federal act), and adopting and enforcing regulations. Existing law requires the state board to appoint a deputy director to oversee the issuance and enforcement of public water system permits and delegates certain authorities of the state board to the deputy director.

This bill would authorize the state board to adopt as an emergency regulation, a regulation that meets, but does not exceed, the requirements of a regulation promulgated under the federal act, with a specified exception. The bill would require that these emergency regulations not be subject to review by the Office of Administrative Law and remain in effect until revised by the state board.

The state act prohibits the state board from issuing a permit to a public water system or amending a valid existing permit to allow the use of point-of-use treatment unless the state board determines that there is no community opposition to the installation of the treatment device.begin delete The act also limits the issuance of this permit to no more than 3 years or until funding for centralized treatment is available, whichever occurs first.end delete

Thisbegin delete bill would also prohibit the use of point-of-entry treatment absent that state board determination, and would delete the limits on the duration of these permits. Additionally, theend delete bill would authorize the state board to adopt regulations, similar to those previously authorized for adoption by the State Department of Public Health, governing the use of point-of-entry and point-of-use treatment by a public water system with less than 200 service connections in lieu of centralized treatment where it can be demonstrated that centralized treatment is not immediately economically feasible.

The state act authorizes the deputy director to issue an order directing certain actions whenever the deputy director determines that a person has violated or is violating the act, or any permit, regulation, or standard issued or adopted pursuant to the act. The act authorizes an aggrieved party 30 days after service of a copy of the order or decision to file with the superior court a petition for a writ of mandate for review of the order or decision.

The bill would authorize, within 30 days of issuance of a certain order or decision issued by the deputy director, an aggrieved person to petition the state board for reconsideration and would authorize the state board to refuse to reconsider the order or decision, to deny the petition, or to set aside or modify the order or decision, as specified. The bill would provide that the filing of a petition for reconsideration is an administrative remedy that must be exhausted before filing a petition for writ of mandate.

The state act authorizes the state board to take certain actions relating to the inspection of public water systems, including inspecting and copying any records, reports, test results, or other information required to carry out the provisions of the act. Existing law makes it a crime for any person to knowingly commit certain acts, including making a false statement or representation in any application, record, report, or other document submitted, maintained, or used for the purposes of compliance with the act or withholding information requested by the state board regarding imminent and substantial danger to the public health or safety, as specified.

This bill would require an owner of a public water system to provide to the state board reports, test results, and certain other information within 15 business days of receiving a request for those records from a duly authorized representative of the state board. To the extent that a person knowingly makes a false statement or representation when providing these reports, results, or information to the state board, this bill would expand the scope of a crime and thereby impose a state-mandated local program.

This bill would declare the intent of the Legislature that the state act be construed to ensure consistency with the requirements for states to obtain and maintain primary enforcement responsibility for public water systems under the federal act.

(2) Existing law generally grants various powers to cities, counties, and certain special districts, including the power to issue bonds and incur indebtedness for certain purposes and subject to certain restrictions. Existing law authorizes counties, cities, and special districts that provide or intend to provide wastewater treatment facilities or services, subject to applicable constitutional restrictions, to borrow money and incur indebtedness for purposes of the State Water Pollution Control Revolving Fund.

Existing law, the Safe Drinking Water State Revolving Fund Law of 1997, continuously appropriates state and federal funds in the Safe Drinking Water State Revolving Fund to the State Water Resources Control Board for grants or revolving fund loans for the design and construction of projects for public water systems that will enable those systems to meet safe drinking water standards. The revolving fund law defines “public agency,” for purposes of the act, to mean a city, county, city and county, joint powers authority, or other political subdivision of the state, that owns or operates a public water system.

This bill would expand the definition of “public agency” to include a municipality, as defined in the federal act. The bill would extend the authorization to borrow money and incur indebtedness to cities, counties, and special districts that provide or intend to provide water treatment facilities or services and for purposes of the Safe Drinking Water State Revolving Fund or the California Safe Drinking Water Act.

The revolving fund law requires the state board to annually establish the interest rate for repayable financing made pursuant to these provisions, as specified. The revolving fund law authorizes the State Water Resources Control Board to undertake certain actions to implement the revolving fund law, including engaging in the transfer of capitalization grant funds, as specified. Existing law prohibits more than 4% of the capitalization grant from being used by the state board for administering the revolving fund law and authorizes the state board to establish a reasonable schedule for administrative fees to be paid by the grant applicant to reimburse the state for the costs of the administration of these provisions.

The bill would delete the requirement that the state board establish the interest rate annually and would instead authorize the state board to adjust the interest rate periodically. The bill would delete the prohibition against using more than 4% of the capitalization grant for administrating the Safe Drinking Water Revolving Fund Law and would delete the authorization permitting the state board to establish a reasonable schedule for administrative fees. The bill would instead create the Safe Drinking Water State Revolving Fund Administrative Fund and would require moneys transferred to pay for the costs incurred by the state board for administering the act, moneys collected for financial assistance services, and interest earned upon these moneys to be deposited into the fund. The bill would authorize, where financial assistance is made and is to be repaid to the state board, the state board to assess an annual charge for financial assistance services, not to exceed 1% of the financial assistance balance. The bill would make moneys in the administration fund available to the state board, upon appropriation by the Legislation, for payment of reasonable costs of administering the fund. The bill would require the state board to set the total amount of revenue that is collected each year though the annual charge for financial assistance services at an amount that is equal as practicable to the appropriation amount set forth in the annual Budget Act. The bill would require, at least once each fiscal year, the state board to adjust the financial assistance service charge to conform with the annual Budget Act.

begin delete

(3) Existing law generally prohibits the state, or a county, city, district, or other political subdivision, or any public officer or body acting in its official capacity on behalf of any of those entities, from being required to pay any fee for the performance of an official service. Existing law exempts from this provision any fee or charge for official services required pursuant to specified provisions of law relating to water use or water quality, including the fees charged to public water systems under the California Safe Drinking Water Act.

end delete
begin delete

This bill would specifically exempt other provisions relating to water use and water quality, including the Safe Drinking Water State Revolving Fund Law of 1997 and provisions relating to cross-connections of water users, water treatment devices, and operator certification of water treatment plants and water distribution systems.

end delete
begin delete

(4)

end delete

begin insert(3)end insert Existing law, the Porter-Cologne Water Quality Control Act, establishes the State Water Pollution Control Revolving Fund program pursuant to which state and federal funds are continuously appropriated from the State Water Pollution Control Revolving Fund to the state board for permissible purposes authorized by the federal Clean Water Act or a federal capitalization grant deposited into the fund, including loans and other financial assistance for the construction of publicly owned treatment works by a municipality, the implementation of a management program, the development and implementation of a conservation and management plan, and other related purposes in accordance with the federal Clean Water Act and the Porter-Cologne Water Quality Control Act.

This bill would instead require that moneys in the fund be used only for purposes allowed by the federal Clean Water Act or a federal grant, and would delete the specifications of the types of projects and programs eligible for this financial assistance. By allowing moneys in the fund to be used for purposes allowed by a federal grant, thereby expanding the purposes for which moneys in a continuously appropriated revolving fund may be expended, this bill would make an appropriation.

Existing law requires the loans to meet certain criteria, including full amortization not later than 20 years after project completion, unless otherwise authorized by a federal capitalization grant deposited into the fund. Existing law also authorizes loan forgiveness to the extent it is authorized by a federal capitalization grant deposited into the fund.

The bill would extend the loan amortization requirement to not later than 30 years after project completion unless otherwise authorized by a federal grant deposited in the fund and would authorize loan forgiveness to the extent it is authorized by a federal grant deposited into the fund without regard to whether it is a capitalization grant.

Existing law also authorizes moneys in the fund to be used for payment of the reasonable cost of administering the fund and conducting certain activities relating to the federal Clean Water Act. Existing law prohibits those costs from exceeding 4% of all federal contributions into the fund except, if permitted by federal and state law, interest payments into the fund and other moneys into the fund are authorized to be used to defray additional administrative and activity costs.

The bill would instead prohibit the costs used for administering the fund and conducting the federal Clean Water Act activities from exceeding 4% of all federal contributions in the fund, $400,000 per year, or 15 of 1% per year of the current valuation of the fund, whichever is greater, plus the amount of fees collected by the state for these purposes, regardless of source.

begin delete

(5)

end delete

begin insert(4)end insert This bill would make various nonsubstantive changes, including repealing obsolete provisions and updating cross-references.

begin delete

(6)

end delete

begin insert(5)end insert 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.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin deleteP6    1

SECTION 1.  

Section 6103.4 of the Government Code is
2amended to read:

3

6103.4.  

Section 6103 does not apply to any fee or charge for
4official services required by any of the following:

P7    1(a) The Environmental Laboratory Accreditation Act (Article
23 (commencing with Section 100825) of Chapter 4 of Part 1 of
3Division 101 of the Health and Safety Code).

4(b) Article 3 (commencing with Section 106875) of Chapter 4
5of Part 1 of Division 104 of the Health and Safety Code.

6(c) The California Safe Drinking Water Act (Chapter 4
7(commencing with Section 116270) of Part 12 of Division 104 of
8the Health and Safety Code).

9(d) The Safe Drinking Water State Revolving Fund Law of 1997
10(Chapter 4.5 (commencing with Section 116760) of Part 12 of
11Division 104 of the Health and Safety Code).

12(e) Article 2 (commencing with Section 116800) and Article 3
13(commencing with Section 116825) of Chapter 5 of Part 12 of
14Division 104 of the Health and Safety Code.

15(f) Part 5 (commencing with Section 4999) of Division 2 of the
16Water Code.

17(g) Division 7 (commencing with Section 13000) of the Water
18Code.

end delete
19begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 6103.4 of the end insertbegin insertGovernment Codeend insertbegin insert is
20amended to read:end insert

21

6103.4.  

Section 6103 does not apply to any fee or charge for
22official services required by any of the following:

23(a) The Environmental Laboratory Accreditation Act (Article
243 (commencing with Section 100825) of Chapter 4 of Part 1 of
25Division 101 of the Health and Safety Code).

26(b) Article 3 (commencing with Section 106875) of Chapter 4
27of Part 1 of Division 104 of the Health and Safety Code.

28(c) The California Safe Drinking Water Act (Chapter 4
29(commencing with Section 116270) of Part 12 of Division 104 of
30the Health and Safety Code).

31(d) The Safe Drinking Water State Revolving Fund Law of 1997
32 (Chapter 4.5 (commencing with Section 116760) of Part 12 of
33Division 104 of the Health and Safety Code).

34(e) Article 2 (commencing with Section 116800) and Article 3
35(commencing with Section 116825) of Chapter 5 of Part 12 of
36Division 104 of the Health and Safety Code.

37(f) Part 5 (commencing with Section 4999) of Division 2begin delete of,
38and Division 7 (commencing with Section 13000) of,end delete
begin insert ofend insert the Water
39Code.

begin insert

P8    1(g) Division 7 (commencing with Section 13000) of the Water
2Code.

end insert
3

SEC. 2.  

Section 53082.5 of the Government Code is amended
4to read:

5

53082.5.  

Subject to all applicable constitutional restrictions, a
6county, a city, or a special district that provides, or intends to
7provide, water or wastewater treatment facilities or services may
8borrow money and incur indebtedness pursuant to Chapter 4.5
9(commencing with Section 116760) of Part 12 of Division 104 of
10the Health and Safety Code or Chapter 6.5 (commencing with
11Section 13475) of Division 7 of the Water Code.

12

SEC. 3.  

Section 116270 of the Health and Safety Code is
13amended to read:

14

116270.  

The Legislature finds and declares all of the following:

15(a)  Every resident of California has the right to pure and safe
16drinking water.

17(b)  Feasible and affordable technologies are available and shall
18be used to remove toxic contaminants from public water supplies.

19(c)  According to the State Department of Health Services, over
2095 percent of all large public water systems in California are in
21compliance with health-based action levels established by the
22department for various contaminants.

23(d)  It is the policy of the state to reduce to the lowest level
24feasible all concentrations of toxic chemicals that, when present
25in drinking water, may cause cancer, birth defects, and other
26chronic diseases.

27(e)  This chapter is intended to ensure that the water delivered
28by public water systems of this state shall at all times be pure,
29wholesome, and potable. This chapter provides the means to
30accomplish this objective.

31(f)  It is the intent of the Legislature to improve laws governing
32drinking water quality, to improve upon the minimum requirements
33of the federal Safe Drinking Water Act Amendments of 1996, to
34establish primary drinking water standards that are at least as
35stringent as those established under the federal Safe Drinking
36Water Act, and to establish a program under this chapter that is
37more protective of public health than the minimum federal
38requirements.

39(g)  It is the further intent of the Legislature to establish a
40drinking water regulatory program within the state board to provide
P9    1for the orderly and efficient delivery of safe drinking water within
2the state and to give the establishment of drinking water standards
3and public health goals greater emphasis and visibility within the
4state.

5(h) This act shall be construed to ensure consistency with the
6requirements for states to obtain and maintain primary enforcement
7responsibility for public water systems under the federal Safe
8Drinking Water Act and acts amendatory thereof or supplementary
9thereto.

begin delete
10

SEC. 4.  

Section 116275 of the Health and Safety Code is
11amended to read:

12

116275.  

As used in this chapter:

13(a) “Contaminant” means any physical, chemical, biological,
14or radiological substance or matter in water.

15(b) “Department” means the state board.

16(c) “Primary drinking water standards” means:

17(1) Maximum levels of contaminants that, in the judgment of
18the state board, may have an adverse effect on the health of persons.

19(2) Specific treatment techniques adopted by the state board in
20lieu of maximum contaminant levels pursuant to subdivision (j)
21of Section 116365.

22(3) The monitoring and reporting requirements as specified in
23regulations adopted by the state board that pertain to maximum
24contaminant levels.

25(d) “Secondary drinking water standards” means standards that
26specify maximum contaminant levels that, in the judgment of the
27 state board, are necessary to protect the public welfare. Secondary
28drinking water standards may apply to any contaminant in drinking
29water that may adversely affect the odor or appearance of the water
30and may cause a substantial number of persons served by the public
31water system to discontinue its use, or that may otherwise adversely
32affect the public welfare. Regulations establishing secondary
33drinking water standards may vary according to geographic and
34other circumstances and may apply to any contaminant in drinking
35water that adversely affects the taste, odor, or appearance of the
36water when the standards are necessary to ensure a supply of pure,
37wholesome, and potable water.

38(e) “Human consumption” means the use of water for drinking,
39bathing or showering, hand washing, oral hygiene, or cooking,
40including, but not limited to, preparing food and washing dishes.

P10   1(f) “Maximum contaminant level” means the maximum
2permissible level of a contaminant in water.

3(g) “Person” means an individual, corporation, company,
4association, partnership, limited liability company, municipality,
5public utility, or other public body or institution.

6(h) “Public water system” means a system for the provision of
7water for human consumption through pipes or other constructed
8conveyances that has 15 or more service connections or regularly
9serves at least 25 individuals daily at least 60 days out of the year.
10A public water system includes the following:

11(1) Any collection, treatment, storage, and distribution facilities
12under control of the operator of the system that are used primarily
13in connection with the system.

14(2) Any collection or pretreatment storage facilities not under
15the control of the operator that are used primarily in connection
16with the system.

17(3) Any water system that treats water on behalf of one or more
18public water systems for the purpose of rendering it safe for human
19consumption.

20(i) “Community water system” means a public water system
21that serves at least 15 service connections used by year-long
22residents or regularly serves at least 25 year-long residents of the
23area served by the system.

24(j) “Noncommunity water system” means a public water system
25that is not a community water system.

26(k) “Nontransient noncommunity water system” means a public
27water system that is not a community water system and that
28regularly serves at least 25 of the same persons over six months
29per year.

30(l) “Local health officer” means a local health officer appointed
31pursuant to Section 101000 or a local comprehensive health agency
32designated by the board of supervisors pursuant to Section 101275
33to carry out the drinking water program.

34(m) “Significant rise in the bacterial count of water” means a
35rise in the bacterial count of water that the state board determines,
36by regulation, represents an immediate danger to the health of
37water users.

38(n) “State small water system” means a system for the provision
39of piped water to the public for human consumption that serves at
40least five, but not more than 14, service connections and does not
P11   1regularly serve drinking water to more than an average of 25
2individuals daily for more than 60 days out of the year.

3(o) “Transient noncommunity water system” means a
4noncommunity water system that does not regularly serve at least
525 of the same persons over six months per year.

6(p) “User” means a person using water for domestic purposes.
7User does not include a person processing, selling, or serving water
8or operating a public water system.

9(q) “Waterworks standards” means regulations adopted by the
10 state board entitled “California Waterworks Standards” (Chapter
1116 (commencing with Section 64551) of Division 4 of Title 22 of
12the California Code of Regulations).

13(r) “Local primacy agency” means a local health officer that
14has applied for and received primacy delegation pursuant to Section
15116330.

16(s) “Service connection” means the point of connection between
17the customer’s piping or constructed conveyance, and the water
18system’s meter, service pipe, or constructed conveyance. A
19connection to a system that delivers water by a constructed
20conveyance other than a pipe shall not be considered a connection
21in determining if the system is a public water system if any of the
22following apply:

23(1) The water is used exclusively for purposes other than
24residential uses, consisting of drinking, bathing, and cooking, or
25other similar uses.

26(2) The state board determines that alternative water to achieve
27the equivalent level of public health protection provided by the
28applicable primary drinking water regulation is provided for
29residential or similar uses for drinking and cooking.

30(3) The state board determines that the water provided for
31residential or similar uses for drinking, cooking, and bathing is
32centrally treated or treated at the point of entry by the provider, a
33passthrough entity, or the user to achieve the equivalent level of
34protection provided by the applicable primary drinking water
35regulations.

36(t) “Resident” means a person who physically occupies, whether
37by ownership, rental, lease, or other means, the same dwelling for
38at least 60 days of the year.

P12   1(u) “Water treatment operator” means a person who has met
2the requirements for a specific water treatment operator grade
3pursuant to Section 106875.

4(v) “Water treatment operator-in-training” means a person who
5has applied for and passed the written examination given by the
6 state board but does not yet meet the experience requirements for
7a specific water treatment operator grade pursuant to Section
8106875.

9(w) “Water distribution operator” means a person who has met
10the requirements for a specific water distribution operator grade
11pursuant to Section 106875.

12(x) “Water treatment plant” means a group or assemblage of
13structures, equipment, and processes that treats, blends, or
14conditions the water supply of a public water system for the
15purpose of meeting primary drinking water standards.

16(y) “Water distribution system” means any combination of pipes,
17tanks, pumps, and other physical features that deliver water from
18the source or water treatment plant to the consumer.

19(z) “Public health goal” means a goal established by the Office
20of Environmental Health Hazard Assessment pursuant to
21subdivision (c) of Section 116365.

22(aa) “Small community water system” means a community
23water system that serves no more than 3,300 service connections
24or a year-long population of no more than 10,000 persons.

25(ab) “Disadvantaged community” means the entire service area
26of a community water system, or a community therein, in which
27the median household income is less than 80 percent of the
28statewide average.

29(ac) “State board” means the State Water Resources Control
30Board.

31(ad) “Deputy director” means the deputy director appointed by
32the state board pursuant to subdivision (k) of Section 116271.

33

SEC. 5.  

Section 116293 of the Health and Safety Code is
34repealed.

end delete
35begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 116275 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
36amended to read:end insert

37

116275.  

As used in this chapter:

38(a) “Contaminant” means any physical, chemical, biological,
39or radiological substance or matter in water.

40(b) “Department” means the state board.

P13   1(c) “Primary drinking water standards” means:

2(1) Maximum levels of contaminants that, in the judgment of
3the state board, may have an adverse effect on the health of persons.

4(2) Specific treatment techniques adopted by the state board in
5lieu of maximum contaminant levels pursuant to subdivision (j)
6of Section 116365.

7(3) The monitoring and reporting requirements as specified in
8regulations adopted by the state board that pertain to maximum
9contaminant levels.

10(d) “Secondary drinking water standards” means standards that
11specify maximum contaminant levels that, in the judgment of the
12state board, are necessary to protect the public welfare. Secondary
13drinking water standards may apply to any contaminant in drinking
14water that may adversely affect the odor or appearance of the water
15and may cause a substantial number of persons served by the public
16water system to discontinue its use, or that may otherwise adversely
17affect the public welfare. Regulations establishing secondary
18drinking water standards may vary according to geographic and
19other circumstances and may apply to any contaminant in drinking
20water that adversely affects the taste, odor, or appearance of the
21water when the standards are necessary to ensure a supply of pure,
22wholesome, and potable water.

23(e) “Human consumption” means the use of water for drinking,
24bathing or showering, hand washing, oral hygiene, or cooking,
25including, but not limited to, preparing food and washing dishes.

26(f) “Maximum contaminant level” means the maximum
27permissible level of a contaminant in water.

28(g) “Person” means an individual, corporation, company,
29association, partnership, limited liability company, municipality,
30public utility, or other public body or institution.

31(h) “Public water system” means a system for the provision of
32water for human consumption through pipes or other constructed
33conveyances that has 15 or more service connections or regularly
34serves at least 25 individuals daily at least 60 days out of the year.
35A public water system includes the following:

36(1) Any collection, treatment, storage, and distribution facilities
37under control of the operator of the system that are used primarily
38in connection with the system.

P14   1(2) Any collection or pretreatment storage facilities not under
2the control of the operator that are used primarily in connection
3with the system.

4(3) Any water system that treats water on behalf of one or more
5public water systems for the purpose of rendering it safe for human
6consumption.

7(i) “Community water system” means a public water system
8that serves at least 15 service connections used bybegin delete yearlongend delete
9begin insert year-longend insert residents or regularly serves at least 25begin delete yearlongend delete
10begin insert year-longend insert residents of the area served by the system.

11(j) “Noncommunity water system” means a public water system
12that is not a community water system.

13(k) “Nontransient noncommunity water system” means a public
14water system that is not a community water system and that
15regularly serves at least 25 of the same persons over six months
16per year.

17(l) “Local health officer” means a local health officer appointed
18pursuant to Section 101000 or a local comprehensive health agency
19designated by the board of supervisors pursuant to Section 101275
20to carry out the drinking water program.

21(m) “Significant rise in the bacterial count of water” means a
22rise in the bacterial count of water that the state board determines,
23by regulation, represents an immediate danger to the health of
24water users.

25(n) “State small water system” means a system for the provision
26of piped water to the public for human consumption that serves at
27least five, but not more than 14, service connections and does not
28regularly serve drinking water to more than an average of 25
29individuals daily for more than 60 days out of the year.

30(o) “Transient noncommunity water system” means a
31noncommunity water system that does not regularly serve at least
3225 of the same persons over six months per year.

33(p) “User” means a person using water for domestic purposes.
34User does not include a person processing, selling, or serving water
35or operating a public water system.

36(q) “Waterworks standards” means regulations adopted by the
37state board begin delete that take cognizance of the latest available “Standards
38of Minimum Requirements for Safe Practice in the Production and
39Delivery of Water for Domestic Use” adopted by the California
40section of the American Water Works Association.end delete
begin insert entitled
P15   1“California Waterworks Standards” (Chapter 16 (commencing
2with Section 64551) of Division 4 of Title 22 of the California
3Code of Regulations).end insert

4(r) “Local primacy agency” means a local health officer that
5has applied for and received primacy delegation pursuant to Section
6116330.

7(s) “Service connection” means the point of connection between
8the customer’s piping or constructed conveyance, and the water
9system’s meter, service pipe, or constructed conveyance. A
10connection to a system that delivers water by a constructed
11conveyance other than a pipe shall not be considered a connection
12in determining if the system is a public water system if any of the
13following apply:

14(1) The water is used exclusively for purposes other than
15residential uses, consisting of drinking, bathing, andbegin delete cookingend delete
16begin insert cooking,end insert or other similar uses.

17(2) The state board determines that alternative water to achieve
18the equivalent level of public health protection provided by the
19applicable primary drinking water regulation is provided for
20residential or similar uses for drinking and cooking.

21(3) The state board determines that the water provided for
22residential or similar uses for drinking, cooking, and bathing is
23centrally treated or treated at the point of entry by the provider, a
24passthrough entity, or the user to achieve the equivalent level of
25protection provided by the applicable primary drinking water
26regulations.

27(t) “Resident” means a person who physically occupies, whether
28by ownership, rental, lease, or other means, the same dwelling for
29at least 60 days of the year.

30(u) “Water treatment operator” means a person who has met
31the requirements for a specific water treatment operator grade
32pursuant to Section 106875.

33(v) “Water treatment operator-in-training” means a person who
34has applied for and passed the written examination given by the
35state board but does not yet meet the experience requirements for
36a specific water treatment operator grade pursuant to Section
37106875.

38(w) “Water distribution operator” means a person who has met
39the requirements for a specific water distribution operator grade
40pursuant to Section 106875.

P16   1(x) “Water treatment plant” means a group or assemblage of
2structures, equipment, and processes that treats, blends, or
3conditions the water supply of a public water system for the
4purpose of meeting primary drinking water standards.

5(y) “Water distribution system” means any combination of pipes,
6tanks, pumps, and other physical features that deliver water from
7the source or water treatment plant to the consumer.

8(z) “Public health goal” means a goal established by the Office
9of Environmental Health Hazard Assessment pursuant to
10subdivision (c) of Section 116365.

11(aa) “Small community water system” means a community
12water system that serves no more than 3,300 service connections
13or abegin delete yearlongend deletebegin insert year-longend insert population of no more than 10,000 persons.

14(ab) “Disadvantaged community” means the entire service area
15of a community water system, or a community therein, in which
16the median household income is less than 80 percent of the
17statewide average.

18(ac) “State board” means the State Water Resources Control
19Board.

begin insert

20(ad) “Deputy director” means the deputy director appointed
21by the state board pursuant to subdivision (k) of Section 116271.

end insert
22

begin deleteSEC. 6.end delete
23begin insertSEC. 5.end insert  

Section 116365.03 is added to the Health and Safety
24Code
, to read:

25

116365.03.  

The state board may adopt as an emergency
26regulation, a regulation, except a regulation subject to the
27requirements of Section 116365, that meets, but does not exceed,
28the requirements of a regulation promulgated pursuant to the
29federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.).
30The adoption of a regulation pursuant to this section is an
31emergency and shall be considered by the Office of Administrative
32Law as necessary for the immediate preservation of the public
33peace, health, safety, and general welfare. Notwithstanding Chapter
343.5 (commencing with Section 11340) of Part 1 of Division 3 of
35Title 2 of the Government Code, an emergency regulation adopted
36by the state board pursuant to this section is not subject to review
37by the Office of Administrative Law and shall remain in effect
38until revised by the state board.

begin delete39

SEC. 7.  

Section 116365.5 of the Health and Safety Code is
40repealed.

end delete
P17   1

begin deleteSEC. 8.end delete
2begin insertSEC. 6.end insert  

Section 116379 of the Health and Safety Code is
3repealed.

4

begin deleteSEC. 9.end delete
5begin insertSEC. 7.end insert  

Section 116380 of the Health and Safety Code is
6amended to read:

7

116380.  

(a) In addition to the requirements set forth in Section
8116375, the regulations adopted by the state board pursuant to
9Section 116375 may include requirements governing the use of
10point-of-entry and point-of-use treatment by public water systems
11with less than 200 service connections in lieu of centralized
12treatment where it can be demonstrated that centralized treatment
13is not immediately economically feasible.

14(b) The regulations shall comply with Section 116552 and the
15requirements set forth in subdivision (a), but shall not be subject
16to the rulemaking provisions of the Administrative Procedure Act
17(Chapter 3.5 (commencing with Section 11340) of Part 1 of
18Division 3 of Title 2 of the Government Code). The regulations
19shall take effect when filed with the Secretary of State, and shall
20be published in the California Code of Regulations.

begin delete
21

SEC. 10.  

Section 116551 of the Health and Safety Code is
22amended to read:

23

116551.  

The state board shall not issue a permit to a public
24water system or amend a valid existing permit for the use of a
25reservoir as a source of supply that is directly augmented with
26recycled water, as defined in subdivision (n) of Section 13050 of
27the Water Code, unless the state board does all of the following:

28(a)  Performs an engineering evaluation that evaluates the
29proposed treatment technology and finds that the proposed
30technology will ensure that the recycled water meets all applicable
31primary and secondary drinking water standards and poses no
32significant threat to public health.

33(b)  Holds at least three duly noticed public hearings in the area
34where the recycled water is proposed to be used or supplied for
35human consumption to receive public testimony on that proposed
36use. The state board shall make available to the public, not less
37than 10 days prior to the date of the first hearing held pursuant to
38this subdivision, the evaluations and findings made pursuant to
39subdivision (a).

P18   1

SEC. 11.  

Section 116552 of the Health and Safety Code is
2amended to read:

3

116552.  

The state board shall not issue a permit to a public
4water system or amend a valid existing permit to allow the use of
5point-of-use or point-of-entry treatment unless the state board
6determines, after conducting a public hearing in the community
7served by the public water system, that there is no substantial
8community opposition to the installation of the treatment devices.

end delete
9

begin deleteSEC. 12.end delete
10begin insertSEC. 8.end insert  

Section 116655 of the Health and Safety Code is
11amended to read:

12

116655.  

(a)  Whenever the state board determines that any
13person has violated or is violating this chapter, or any order, permit,
14regulation, or standard issued or adopted pursuant to this chapter,
15the state board may issue an order doing any of the following:

16(1)  Directing compliance forthwith.

17(2)  Directing compliance in accordance with a time schedule
18set by the state board.

19(3)  Directing that appropriate preventive action be taken in the
20case of a threatened violation.

21(b)  An order issued pursuant to this section may include, but
22shall not be limited to, any or all of the following requirements:

23(1)  That the existing plant, works, or system be repaired, altered,
24or added to.

25(2)  That purification or treatment works be installed.

26(3)  That the source of the water supply be changed.

27(4)  That no additional service connection be made to the system.

28(5)  That the water supply, the plant, or the system be monitored.

29(6)  That a report on the condition and operation of the plant,
30works, system, or water supply be submitted to the state board.

31

begin deleteSEC. 13.end delete
32begin insertSEC. 9.end insert  

Section 116701 is added to the Health and Safety Code,
33to read:

34

116701.  

(a) Within 30 days of issuance of an order or decision
35issued by the deputy director under Article 8 (commencing with
36Section 116625) or Article 9 (commencing with Section 116650),
37an aggrieved person may petition the state board for
38reconsideration. Where the order or decision of the deputy director
39is issued after a hearing under Chapter 5 (commencing with Section
4011500) of Part 1 of Division 3 of Title 2 of the Government Code,
P19   1this section shall apply instead of Section 11521 of the Government
2Code.

3(b) The petition shall include the name and address of the
4petitioner, a copy of the order or decision for which the petitioner
5seeks reconsideration, identification of the reason the petitioner
6alleges the issuance of the order was inappropriate or improper,
7the specific action the petitioner requests, and other information
8as the state board may prescribe. The petition shall be accompanied
9by a statement of points and authorities of the legal issues raised
10by the petition.

11(c) The evidence before the state board shall consist of the record
12before the deputy director and any other relevant evidence that, in
13the judgment of the state board, should be considered to implement
14the policies of this chapter. The state board may, in its discretion,
15hold a hearing for receipt of additional evidence.

16(d) The state board may refuse to reconsider the order or
17decision if the petition fails to raise substantial issues that are
18appropriate for review, may deny the petition upon a determination
19that the issuance of the order or decision was appropriate and
20proper, may set aside or modify the order or decision, or take other
21appropriate action. The state board’s action pursuant to this
22subdivision shall constitute the state board’s completion of its
23reconsideration.

24(e) The state board, upon notice and hearing, if a hearing is held,
25may stay in whole or in part the effect of the order or decision of
26the deputy director.

27(f) If an order of the deputy director is subject to reconsideration
28under this section, the filing of a petition for reconsideration is an
29administrative remedy that must be exhausted before filing a
30petition for writ of mandate under Section 116625 or 116700.

31

begin deleteSEC. 14.end delete
32begin insertSEC. 10.end insert  

Section 116735 of the Health and Safety Code is
33amended to read:

34

116735.  

(a)  (1) In order to carry out the purposes of this
35chapter, any duly authorized representative of the state board may,
36at any reasonable hour of the day, do any of the following:

37(A) Enter and inspect any public water system or any place
38where the public water system records are stored, kept, or
39maintained.

P20   1(B) Inspect and copy any records, reports, test results, or other
2information required to carry out this chapter.

3(C) Set up and maintain monitoring equipment for purposes of
4assessing compliance with this chapter.

5(D) Obtain samples of the water supply.

6(E) Photograph any portion of the system, any activity, or any
7sample taken.

8(2) An owner of a public water system shall provide to the state
9board reports, test results, and other information required to carry
10out this chapter within 15 business days of receiving a request for
11those records from a duly authorized representative of the state
12board.

13(b) The state board shall inspect each public water system as
14follows:

15(1) A system with any surface water source with treatment shall
16be inspected annually.

17(2) A system with any groundwater source subject to treatment
18with only groundwater sources shall be inspected biennially.

19(3) A system with only groundwater sources not subject to
20treatment shall be inspected every three years.

21(c) Nothing in this section shall prohibit the state board from
22inspecting public water systems on a more frequent basis. An
23opportunity shall be provided for a representative of the public
24water system to accompany the representative of the state board
25during the inspection of the water system.

26(d)  It shall be a misdemeanor for any person to prevent, interfere
27with, or attempt to impede in any way any duly authorized
28representative of the state board from undertaking the activities
29authorized by paragraph (1) of subdivision (a). A person who
30violates paragraph (2) of subdivision (a) shall be subject to the
31provisions of Section 116730, as applicable.

32

begin deleteSEC. 15.end delete
33begin insertSEC. 11.end insert  

Section 116751 of the Health and Safety Code is
34amended to read:

35

116751.  

The Department of Fish and Wildlife shall not
36introduce a poison to a drinking water supply for purposes of
37fisheries management unless the state board determines that the
38activity will not have a permanent adverse impact on the quality
39of the drinking water supply or wells connected to the drinking
40water supply. In making this determination, the state board shall
P21   1evaluate the short- and long-term health effects of the poison in
2drinking water, ensure that an alternative supply of drinking water
3is provided to the users of the drinking water supply while the
4activity takes place, and, in cooperation with the Department of
5Fish and Wildlife, develop and implement a monitoring program
6to ensure that no detectable residuals of the poison, breakdown
7products, and other components of the poison formulation remain
8in the drinking water supply or adjoining wells after the activity
9is completed.

10

begin deleteSEC. 16.end delete
11begin insertSEC. 12.end insert  

Section 116760.20 of the Health and Safety Code is
12amended to read:

13

116760.20.  

Unless the context otherwise requires, the following
14definitions govern the construction of this chapter:

15(a) “Acceptable result” means the project that, when constructed,
16solves the problem for which the project was placed on the project
17priority list, ensures the owner and operator of the improved or
18restructured public water system shall have long-term technical,
19managerial, and financial capacity to operate and maintain the
20public water system in compliance with state and federal safe
21drinking water standards, can provide a dependable source of safe
22drinking water long-term, and is both short-term and long-term
23affordable, as determined by the board.

24(b) “Administrative fund” means the Safe Drinking Water State
25Revolving Fund Administration Fund created by Section
26116761.70.

27(c) “Board” means the State Water Resources Control Board.

28(d) “Cost-effective” means achieves an acceptable result at the
29most reasonable cost.

30(e) “Disadvantaged community” means a community that meets
31the definition provided in Section 116275.

32(f) “Federal Safe Drinking Water Act” or “federal act” means
33the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.)
34and acts amendatory thereof or supplemental thereto.

35(g) “Fund” means the Safe Drinking Water State Revolving
36Fund created by Section 116760.30.

37(h) “Financing” means financial assistance awarded under this
38chapter, including loans, refinancing, installment sales agreements,
39purchase of debt, loan guarantees for municipal revolving funds,
40and grants.

P22   1(i) “Matching funds” means state money that equals that
2percentage of federal contributions required by the federal act to
3be matched with state funds.

4(j) “Project” means cost-effective facilities for the construction,
5improvement, or rehabilitation of a public water system. It also
6may include the planning and design of the facilities, annexation
7or consolidation of water systems, source water assessments, source
8water protection, and other activities specified under the federal
9act.

10(k) “Public agency” means any city, county, city and county,
11whether general law or chartered, district, joint powers authority,
12or other political subdivision of the state, that owns or operates a
13public water system, or any municipality, as that term is defined
14in the federal act.

15(l) “Public water system” or “public water supply system” means
16a system for the provision to the public of water for human
17consumption, as defined in Section 116275.

18(m) “Safe drinking water standards” means those standards
19established pursuant to Chapter 4 (commencing with Section
20116270), as they may now or hereafter be amended.

21(n) “Severely disadvantaged community” means a community
22with a median household income of less than 60 percent of the
23statewide average.

24(o) “Small community water system” has the meaning set forth
25in Section 116275.

26(p) “Supplier” means any person, partnership, corporation,
27association, public agency, or other entity that owns or operates a
28public water system.

29

begin deleteSEC. 17.end delete
30begin insertSEC. 13.end insert  

Section 116760.38 is added to the Health and Safety
31Code
, to read:

32

116760.38.  

Subject to all applicable constitutional restrictions,
33a city, county, or special district may borrow money and incur
34indebtedness pursuant to this chapter.

35

begin deleteSEC. 18.end delete
36begin insertSEC. 14.end insert  

Section 116761.65 of the Health and Safety Code is
37amended to read:

38

116761.65.  

(a) The board shall establish, and may periodically
39adjust, the interest rate for repayable financing made pursuant to
40this chapter at a rate not to exceed 50 percent of the average interest
P23   1rate, computed by the true interest cost method, paid by the state
2on general obligation bonds issued in the prior calendar year,
3rounded up to the closest one-tenth of 1 percent.

4(b) Notwithstanding subdivision (a), if the financing is for a
5public water system that serves a disadvantaged community with
6a financial hardship as determined by the board or if the financing
7is for a public water system that provides matching funds, the
8interest rate shall be 0 percent.

9

begin deleteSEC. 19.end delete
10begin insertSEC. 15.end insert  

Section 116761.70 of the Health and Safety Code is
11repealed.

12

begin deleteSEC. 20.end delete
13begin insertSEC. 16.end insert  

Section 116761.70 is added to the Health and Safety
14Code
, to read:

15

116761.70.  

(a) The Safe Drinking Water State Revolving Fund
16Administration Fund is hereby created in the State Treasury.

17(b) The following moneys shall be deposited into the
18administration fund:

19(1) Moneys transferred to pay the costs incurred by the state
20board in connection with the administration of this chapter.

21(2) The amounts collected for financial assistance services
22pursuant to subdivision (c).

23(3) Notwithstanding Section 16475 of the Government Code,
24any interest earned upon the moneys in the fund.

25(c) (1) For financial assistance made pursuant to this chapter,
26where that financial assistance is to be repaid to the state board,
27the state board may assess an annual charge for financial assistance
28services with regard to the financial assistance, not to exceed 1
29percent of the financial assistance balance, computed according
30to the true interest cost method.

31(2) The financial assistance service rate authorized by this
32subdivision may be applied at any time during the term of the
33financial assistance, and once applied, shall remain unchanged for
34the duration of the financial assistance and shall not increase the
35financial assistance repayment amount, as set forth in the terms
36and conditions imposed pursuant to this chapter.

37(d) Upon appropriation by the Legislature, moneys in the
38administration fund may be expended by the state board for
39 payment of the reasonable costs of administering the fund.

P24   1(e) The state board shall set the total amount of revenue collected
2each year through the charge authorized by subdivision (c) at an
3amount that is equal as practicable to the appropriation amount set
4forth in the annual Budget Act for this activity. At least once each
5fiscal year, the state board shall adjust the financial assistance
6service charge imposed pursuant to subdivision (c) to conform
7with the appropriation amount set forth in the annual Budget Act.

8

begin deleteSEC. 21.end delete
9begin insertSEC. 17.end insert  

Section 117125 of the Health and Safety Code is
10amended to read:

11

117125.  

Notwithstanding any other law, the Department of
12Fish and Wildlife may stock with fish any body of water opened
13to public fishing pursuant to this article.

14

begin deleteSEC. 22.end delete
15begin insertSEC. 18.end insert  

Section 13176 of the Water Code is amended to read:

16

13176.  

(a) (1) The analysis of any material required by this
17division shall be performed by a laboratory that has accreditation
18or certification pursuant to Article 3 (commencing with Section
19100825) of Chapter 4 of Part 1 of Division 101 of the Health and
20Safety Code.

21(2) This requirement does not apply to field tests, such as tests
22for color, odor, turbidity, pH, temperature, dissolved oxygen,
23conductivity, and disinfectant residual.

24(b) A person or public entity of the state shall not contract with
25a laboratory for environmental analyses required by paragraph (1)
26of subdivision (a) unless the laboratory has valid accreditation or
27certification.

28

begin deleteSEC. 23.end delete
29begin insertSEC. 19.end insert  

Section 13177 of the Water Code is amended to read:

30

13177.  

(a) It is the intent of the Legislature that the state board
31continue to implement the California State Mussel Watch Program.

32(b) The Legislature finds and declares that the California State
33Mussel Watch Program provides the following benefits to the
34people of the state:

35(1) An effective method for monitoring the long-term effects
36of certain toxic substances in selected fresh, estuarine, and marine
37waters.

38(2) An important element in the state board’s comprehensive
39water quality monitoring strategy.

P25   1(3) Identification, on an annual basis, of specific areas where
2concentrations of toxic substances are higher than normal.

3(4) Valuable information to guide the state and regional boards
4and other public and private agencies in efforts to protect water
5quality.

6(c) To the extent funding is appropriated for this purpose, the
7state board, in conjunction with the Department of Fish and
8Wildlife, shall continue to implement the long-term coastal
9monitoring program known as the California State Mussel Watch
10Program. The program may consist of, but is not limited to, the
11following elements:

12(1) Removal of mussels, clams, and other aquatic organisms
13from relatively clean coastal sites and placing them in sampling
14sites. For purposes of this section, “sampling sites” means selected
15waters of concern to the state board and the Department of Fish
16and Wildlife.

17(2) After specified exposure periods at the sampling sites,
18removal of the aquatic organisms for analysis.

19(3) Laboratory analysis of the removed aquatic organisms to
20determine the amounts of various toxic substances that may have
21accumulated in the bodies of the aquatic organisms.

22(4) Making available both the short- and long-term results of
23the laboratory analysis to appropriate public and private agencies
24and the public.

25

begin deleteSEC. 24.end delete
26begin insertSEC. 20.end insert  

Section 13177.5 of the Water Code is amended to
27read:

28

13177.5.  

(a) The state board, in consultation with the Office
29of Environmental Health Hazard Assessment, shall develop a
30comprehensive coastal monitoring and assessment program for
31sport fish and shellfish, to be known as the Coastal Fish
32Contamination Program. The program shall identify and monitor
33chemical contamination in coastal fish and shellfish and assess the
34health risks of consumption of sport fish and shellfish caught by
35consumers.

36(b) The state board shall consult with the Department of Fish
37and Wildlife, the Office of Environmental Health Hazard
38Assessment, and regional water quality control boards with
39jurisdiction over territory along the coast, to determine chemicals,
40sampling locations, and the species to be collected under the
P26   1program. The program developed by the state board shall include
2all of the following:

3(1) Screening studies to identify coastal fishing areas where fish
4species have the potential for accumulating chemicals that pose
5significant health risks to human consumers of sport fish and
6shellfish.

7(2) The assessment of at least 60 screening study monitoring
8sites and 120 samples in the first five years of the program and an
9assessment of additional screening study sites as time and resources
10permit.

11(3) Comprehensive monitoring and assessment of fishing areas
12determined through screening studies to have a potential for
13significant human health risk and a reassessment of these areas
14every five years.

15(c) Based on existing fish contamination data, the state board
16shall designate a minimum of 40 sites as fixed sampling locations
17for the ongoing monitoring effort.

18(d) The state board shall contract with the Office of
19Environmental Health Hazard Assessment to prepare
20comprehensive health risk assessments for sport fish and shellfish
21monitored in the program. The assessments shall be based on the
22data collected by the program and information on fish consumption
23and food preparation. The Office of Environmental Health Hazard
24Assessment, within 18 months of the completion of a
25comprehensive study for each area by the state board, shall submit
26to the board a draft health risk assessment report for that area.
27Those health risk assessments shall be updated following the
28reassessment of areas by the board.

29(e) The Office of Environmental Health Hazard Assessment
30shall issue health advisories when the office determines that
31consuming certain fish or shellfish presents a significant health
32risk. The advisories shall contain information for the public, and
33particularly the population at risk, concerning health risks from
34the consumption of the fish or shellfish. The office shall notify the
35appropriate county health officers, the State Department of Public
36Health, and the Department of Fish and Wildlife before the
37issuance of a health advisory. The notification shall provide
38sufficient information for the purpose of posting signage. The
39office shall urge county health officers to conspicuously post health
40warnings in areas where contaminated fish or shellfish may be
P27   1caught including piers, commercial passenger fishing vessels, and
2shore areas where fishing occurs. The Department of Fish and
3Wildlife shall publish the office’s health warnings in its Sport
4Fishing Regulations Booklet.

5

begin deleteSEC. 25.end delete
6begin insertSEC. 21.end insert  

Section 13177.6 of the Water Code is amended to
7read:

8

13177.6.  

To the extent funding is appropriated for this purpose,
9the state board, in consultation with the Department of Fish and
10Wildlife and Office of Environmental Health Hazard Assessment,
11shall perform a monitoring study to reassess the geographic
12boundaries of the commercial fish closure off the Palos Verdes
13Shelf. The reassessment shall include collection and analysis of
14white croaker caught on the Palos Verdes Shelf, within three miles
15south of the Shelf, and within San Pedro Bay. Based on the results
16of the reassessment, the Department of Fish and Wildlife, with
17guidance from the Office of the Environmental Health Hazard
18Assessment, shall redelineate, if necessary, the commercial fish
19closure area to protect the health of consumers of commercially
20caught white croaker. The sample collection and analysis shall be
21conducted within 18 months of the enactment of this section and
22the reassessment of the health risk shall be conducted within 18
23months of the completion of the analysis of the samples.

24

begin deleteSEC. 26.end delete
25begin insertSEC. 22.end insert  

Section 13178 of the Water Code is amended to read:

26

13178.  

(a) The state board, in conjunction with the State
27Department of Public Health and a panel of experts established by
28the state board, shall develop source investigation protocols for
29use in conducting source investigations of storm drains that produce
30exceedences of bacteriological standards established pursuant to
31subdivision (c) of Section 115880 of the Health and Safety Code.
32The protocols shall be based upon the experiences drawn from
33previous source investigations performed by the state board,
34regional boards, or other agencies, and other available data. The
35protocols shall include methods for identifying the location and
36biological origins of sources of bacteriological contamination, and,
37at a minimum, shall require source investigations if bacteriological
38standards are exceeded in any three weeks of a four-week period,
39or, for areas where testing is done more than once a week, 75
P28   1percent of testing days that produce an exceedence of those
2standards.

3(b) The development of source investigation protocols pursuant
4to subdivision (a) is not subject to Chapter 3.5 (commencing with
5 Section 11340) of Part 1 of Division 3 of Title 2 of the Government
6Code.

7

begin deleteSEC. 27.end delete
8begin insertSEC. 23.end insert  

Section 13181 of the Water Code is amended to read:

9

13181.  

(a) (1) On or before December 1, 2007, the California
10Environmental Protection Agency and the Natural Resources
11Agency shall enter into a memorandum of understanding for the
12purposes of establishing the California Water Quality Monitoring
13Council, which shall be administered by the state board.

14(2) As used in this section, “monitoring council” means the
15California Water Quality Monitoring Council established pursuant
16to this section.

17(3) The monitoring council may include representatives from
18state entities and nonstate entities. The representatives from
19nonstate entities may include, but need not be limited to,
20representatives from federal and local government, institutions of
21higher education, the regulated community, citizen monitoring
22groups, and other interested parties.

23(4) The monitoring council shall review existing water quality
24monitoring, assessment, and reporting efforts, and shall recommend
25specific actions and funding needs necessary to coordinate and
26enhance those efforts.

27(5) (A) The recommendations shall be prepared for the ultimate
28development of a cost-effective, coordinated, integrated, and
29comprehensive statewide network for collecting and disseminating
30water quality information and ongoing assessments of the health
31of the state’s waters and the effectiveness of programs to protect
32and improve the quality of those waters.

33(B) For purposes of developing recommendations pursuant to
34this section, the monitoring council shall initially focus on the
35water quality monitoring efforts of state agencies, including, but
36not limited to, the state board, the regional boards, the department,
37the Department of Fish and Wildlife, the California Coastal
38Commission, the State Lands Commission, the Department of
39Parks and Recreation, the Department of Forestry and Fire
40Protection, and the Department of Pesticide Regulation.

P29   1(C) In developing the recommendations, the monitoring council
2shall seek to build upon existing programs, rather than create new
3programs.

4(6) Among other things, the memorandum of understanding
5shall describe the means by which the monitoring council shall
6formulate recommendations to accomplish both of the following:

7(A) Reduce redundancies, inefficiencies, and inadequacies in
8existing water quality monitoring and data management programs
9in order to improve the effective delivery of sound, comprehensive
10water quality information to the public and decisionmakers.

11(B) Ensure that water quality improvement projects financed
12by the state provide specific information necessary to track project
13 effectiveness with regard to achieving clean water and healthy
14ecosystems.

15(b) The monitoring council shall report, on or before December
161, 2008, to the California Environmental Protection Agency and
17the Natural Resources Agency with regard to its recommendations
18for maximizing the efficiency and effectiveness of existing water
19quality data collection and dissemination, and for ensuring that
20collected data are maintained and available for use by
21decisionmakers and the public. The monitoring council shall
22consult with the United States Environmental Protection Agency
23in preparing these recommendations. The monitoring council’s
24recommendations, and any responses submitted by the California
25Environmental Protection Agency or the Natural Resources Agency
26to those recommendations, shall be made available to
27decisionmakers and the public by means of the Internet.

28(c) The monitoring council shall undertake and complete, on or
29before April 1, 2008, a survey of its members to develop an
30inventory of their existing water quality monitoring and data
31collection efforts statewide and shall make that information
32available to the public.

33(d) All state agencies, including institutions of higher education
34to the extent permitted by law, that collect water quality data or
35information shall cooperate with the California Environmental
36Protection Agency and the Natural Resources Agency in achieving
37the goals of the monitoring council as described in this section.

38(e) In accordance with the requirements of the federal Clean
39Water Act (33 U.S.C. Sec. 1251 et seq.) and implementing
P30   1guidance, the state board shall develop, in coordination with the
2monitoring council, all of the following:

3(1) A comprehensive monitoring program strategy that utilizes
4and expands upon the state’s existing statewide, regional, and other
5monitoring capabilities and describes how the state will develop
6an integrated monitoring program that will serve all of the state’s
7water quality monitoring needs and address all of the state’s waters
8over time. The strategy shall include a timeline not to exceed 10
9years to complete implementation. The strategy shall be
10comprehensive in scope and identify specific technical, integration,
11and resource needs, and shall recommend solutions for those needs
12so that the strategy may be implemented within the 10-year
13timeframe.

14(2) Agreement, including agreement on a schedule, with regard
15to the comprehensive monitoring of statewide water quality
16protection indicators that provide a basic minimum understanding
17of the health of the state’s waters. Indicators already developed
18pursuant to environmental protection indicators for statewide
19initiatives shall be given high priority as core indicators for
20purposes of the network described in subdivision (a).

21(3) Quality management plans and quality assurance plans that
22ensure the validity and utility of the data collected.

23(4) Methodology for compiling, analyzing, and integrating
24readily available information, to the maximum extent feasible,
25including, but not limited to, data acquired from discharge reports,
26volunteer monitoring groups, local, state, and federal agencies,
27and recipients of state-funded or federally funded water quality
28improvement or restoration projects.

29(5) An accessible and user-friendly electronic data system with
30timely data entry and ready public access via the Internet. To the
31maximum extent possible, the geographic location of the areas
32monitored shall be included in the data system.

33(6) Production of timely and complete water quality reports and
34lists that are required under Sections 303(d), 305(b), 314, and 319
35of the federal Clean Water Act and Section 406 of the federal
36Beaches Environmental Assessment and Coastal Health Act of
372000, that include all available information from discharge reports,
38volunteer monitoring groups, and local, state, and federal agencies.

39(7) An update of the state board’s surface water ambient
40monitoring program needs assessment in light of the benefits of
P31   1 increased coordination and integration of information from other
2agencies and information sources. This update shall include
3identification of current and future resource needs required to fully
4implement the coordinated, comprehensive monitoring network,
5including, but not limited to, funding, staff, training, laboratory
6and other resources, and projected improvements in the network.

7(f) The state board shall identify the full costs of implementation
8of the comprehensive monitoring program strategy developed
9pursuant to subdivision (e), and shall identify proposed sources of
10funding for the implementation of the strategy, including federal
11funds that may be expended for this purpose. Fees collected
12pursuant to paragraph (1) of subdivision (d) of Section 13260 may
13be used as a funding source for implementation of the strategy to
14the extent that the funding is consistent with subparagraph (B) of
15paragraph (1) of subdivision (d) of Section 13260.

16(g) Data, summary information, and reports prepared pursuant
17to this section shall be made available to appropriate public
18agencies and the public by means of the Internet.

19(h) (1) Commencing December 1, 2008, the Secretary of the
20California Environmental Protection Agency shall conduct a
21triennial audit of the effectiveness of the monitoring program
22strategy developed pursuant to subdivision (e). The audit shall
23include, but need not be limited to, an assessment of the following
24matters:

25(A) The extent to which the strategy has been implemented.

26(B) The effectiveness of the monitoring and assessment program
27and the monitoring council with regard to both of the following:

28(i) Tracking improvements in water quality.

29(ii) Evaluating the overall effectiveness of programs
30administered by the state board or a regional board and of state
31and federally funded water quality improvement projects.

32(2) The Secretary of the California Environmental Protection
33Agency shall consult with the Secretary of the Natural Resources
34Agency in preparing the audit, consistent with the memorandum
35of understanding entered into pursuant to subdivision (a).

36(i) The state board shall prioritize the use of federal funding
37that may be applied to monitoring, including, but not limited to,
38funding under Section 106 of the Federal Water Pollution Control
39Act, for the purpose of implementing this section.

P32   1(j) The state board shall not use more than 5 percent of the funds
2made available to implement this section for the administrative
3costs of any contracts entered into for the purpose of implementing
4this section.

5

begin deleteSEC. 28.end delete
6begin insertSEC. 24.end insert  

Section 13275 of the Water Code is amended to read:

7

13275.  

(a) Notwithstanding any other law, a public water
8system regulated by the state board pursuant to Chapter 4
9(commencing with Section 116270) of Part 12 of Division 104 of
10the Health and Safety Code shall have the same legal rights and
11remedies against a responsible party, when the water supply used
12by that public water system is contaminated, as those of a private
13land owner whose groundwater has been contaminated.

14(b) For purposes of this section, “responsible party” has the
15same meaning as defined in Section 25323.5 of the Health and
16Safety Code.

17

begin deleteSEC. 29.end delete
18begin insertSEC. 25.end insert  

Section 13285 of the Water Code is amended to read:

19

13285.  

(a) A discharge from a storage tank, pipeline, or other
20container of methyl tertiary-butyl ether (MTBE), or of any pollutant
21that contains MTBE, that poses a threat to drinking water, or to
22groundwater or surface water that may reasonably be used for
23drinking water, or to coastal waters shall be cleaned up to a level
24consistent with subdivisions (a) and (b) of Section 25296.10 of
25the Health and Safety Code.

26(b) (1) A public water system, or its customers, shall not be
27responsible for remediation or treatment costs associated with
28MTBE, or a product that contains MTBE. However, the public
29water system may, as necessary, incur MTBE remediation and
30treatment costs and include those costs in its customer rates and
31charges that are necessary to comply with drinking water standards
32or directives of the state board or other lawful authority. A public
33water system that incurs MTBE remediation or treatment costs
34may seek recovery of those costs from parties responsible for the
35MTBE contamination, or from other available alternative sources
36of funds.

37(2) If the public water system has included the costs of MTBE
38treatment and remediation in its customer rates and charges, and
39subsequently recovers all, or a portion of, its MTBE treatment and
40remediation costs from responsible parties or other available
P33   1alternative sources of funds, it shall make an adjustment to its
2schedule of rates and charges to reflect the amount of funding
3received from responsible parties or other available alternative
4sources of funds for MTBE treatment or remediation.

5(3) Paragraph (1) does not prevent the imposition of liability
6on any person for the discharge of MTBE if that liability is due to
7the conduct or status of that person independently of whether the
8person happens to be a customer of the public water system.

9

begin deleteSEC. 30.end delete
10begin insertSEC. 26.end insert  

Section 13304.1 of the Water Code is amended to
11read:

12

13304.1.  

(a) A groundwater cleanup system that commences
13operation on or after January 1, 2002, and that is required to obtain
14a discharge permit from the regional board pursuant to the regional
15board’s jurisdiction, and that discharges treated groundwater to
16surface water or groundwater, shall treat the groundwater to
17standards approved by the regional board, consistent with this
18division and taking into account the beneficial uses of the receiving
19water and the location of the discharge and the method by which
20the discharge takes place.

21(b) In making its determination of the applicable water quality
22standards to be achieved by the operator of a groundwater cleanup
23system that commences operation on or after January 1, 2002, that
24draws groundwater from an aquifer that is currently being used,
25or has been used at any time since 1979 as a source of drinking
26water supply by the owner or operator of a public water system,
27and that discharges treated groundwater to surface water or
28groundwater from which a public water system draws drinking
29water, the regional board shall consult with the affected
30groundwater management entity, if any, affected public water
31systems, and the state board to ensure that the discharge, spreading,
32or injection of the treated groundwater will not adversely affect
33the beneficial uses of any groundwater basin or surface water body
34that is or may be used by a public water system for the provision
35of drinking water.

36

begin deleteSEC. 31.end delete
37begin insertSEC. 27.end insert  

Section 13331.2 of the Water Code is repealed.

38

begin deleteSEC. 32.end delete
39begin insertSEC. 28.end insert  

Section 13392 of the Water Code is amended to read:

P34   1

13392.  

The state board and the regional boards, in consultation
2with the State Department of Public Health and the Department
3of Fish and Wildlife, shall develop and maintain a comprehensive
4program to (1) identify and characterize toxic hot spots, as defined
5in Section 13391.5, (2) plan for the cleanup or other appropriate
6remedial or mitigating actions at the sites, and (3) amend water
7quality control plans and policies to incorporate strategies to
8prevent the creation of new toxic hot spots and the further pollution
9of existing hot spots. As part of this program, the state board and
10regional boards shall, to the extent feasible, identify specific
11discharges or waste management practices that contribute to the
12creation of toxic hot spots, and shall develop appropriate prevention
13 strategies, including, but not limited to, adoption of more stringent
14waste discharge requirements, onshore remedial actions, adoption
15of regulations to control source pollutants, and development of
16new programs to reduce urban and agricultural runoff.

17

begin deleteSEC. 33.end delete
18begin insertSEC. 29.end insert  

Section 13392.5 of the Water Code is amended to
19read:

20

13392.5.  

(a) Each regional board that has regulatory authority
21for one or more enclosed bays or estuaries shall, on or before
22January 30, 1994, develop for each enclosed bay or estuary, a
23consolidated database that identifies and describes all known and
24potential toxic hot spots. Each regional board shall, in consultation
25with the state board, also develop an ongoing monitoring and
26surveillance program that includes, but is not limited to, the
27following components:

28(1) Establishment of a monitoring and surveillance task force
29that includes representation from agencies, including, but not
30limited to, the State Department of Public Health and the
31Department of Fish and Wildlife, that routinely monitor water
32quality, sediment, and aquatic life.

33(2) Suggested guidelines to promote standardized analytical
34methodologies and consistency in data reporting.

35(3) Identification of additional monitoring and analyses that are
36needed to develop a complete toxic hot spot assessment for each
37enclosed bay and estuary.

38(b) Each regional board shall make available to state and local
39agencies and the public all information contained in the
P35   1consolidated database, as well as the results of new monitoring
2and surveillance data.

3

begin deleteSEC. 34.end delete
4begin insertSEC. 30.end insert  

Section 13393.5 of the Water Code is amended to
5read:

6

13393.5.  

On or before January 30, 1994, the state board, in
7consultation with the State Department of Public Health and the
8Department of Fish and Wildlife, shall adopt general criteria for
9the assessment and priority ranking of toxic hot spots. The criteria
10shall take into account the pertinent factors relating to public health
11and environmental quality, including, but not limited to, potential
12hazards to public health, toxic hazards to fish, shellfish, and
13wildlife, and the extent to which the deferral of a remedial action
14will result, or is likely to result, in a significant increase in
15environmental damage, health risks, or cleanup costs.

16

begin deleteSEC. 35.end delete
17begin insertSEC. 31.end insert  

Section 13400 of the Water Code is amended to read:

18

13400.  

As used in this chapter, unless otherwise apparent from
19the context:

20(a) “Facilities” means any of the following:

21(1) Facilities for the collection, treatment, or export of waste
22when necessary to prevent water pollution.

23(2) Facilities to recycle wastewater and to convey recycled
24water.

25(3) Facilities or devices to conserve water.

26(4) Any combination of the facilities described in paragraph
27(1), (2), or (3).

28(b) “Fund” means the State Water Quality Control Fund.

29(c) “Not-for-profit organization” means an organization operated
30on a not-for-profit basis, including, but not limited to, an
31association, cooperative, or private corporation that is a public
32water system, as defined in Section 116275 of the Health and
33Safety Code, that meets technical, managerial, and financial
34capacity criteria specified by the state board for public water
35systems, or that is subject to regulatory authority pursuant to this
36division.“Not-for-profit organization” includes only an organization
37that is either controlled by a local public body or bodies or has a
38broadly based ownership by, or membership of, people of the local
39community.

P36   1(d) “Public agency” means any city, county, city and county,
2district, or other political subdivision of the state.

3

begin deleteSEC. 36.end delete
4begin insertSEC. 32.end insert  

Section 13426 of the Water Code is amended to read:

5

13426.  

The state board, subject to approval by the Director of
6Finance, may agree to provide a guarantee pursuant to this article
7for all or a specified part of the proposed local agency bond issue
8upon making all of the following determinations:

9(a) The facilities proposed by an applicant are necessary to the
10health or welfare of the inhabitants of the state and are consistent
11with water quality control plans adopted by regional boards.

12(b) The proposed facilities meet the needs of the applicant.

13(c) The proposed bond issue and plan repayment are sound and
14feasible.

15(d) In the case of facilities proposed under paragraph (2) of
16subdivision (a) of Section 13400, the facilities will produce
17recycled water and the applicant has adopted a feasible program
18for the use of the facilities. The state board may adopt criteria for
19ranking and setting priorities among applicants for those
20guarantees.

21

begin deleteSEC. 37.end delete
22begin insertSEC. 33.end insert  

Section 13476 of the Water Code is amended to read:

23

13476.  

Unless the context otherwise requires, the following
24definitions govern the construction of this chapter:

25(a) “Administration fund” means the State Water Pollution
26Control Revolving Fund Administration Fund.

27(b) “Board” means the State Water Resources Control Board.

28(c) “Federal Clean Water Act” or “federal act” means the Clean
29Water Act (33 U.S.C. Sec. 1251 et seq.) and acts amendatory
30thereof or supplemental thereto.

31(d) (1) “Financial assistance” means assistance authorized under
32Section 13480. Financial assistance includes loans, refinancing,
33installment sales agreements, purchase of debt, and loan guarantees
34for municipal revolving funds, but excludes grants.

35(2) Notwithstanding paragraph (1), financial assistance may
36include grants or other assistance directed by a federal grant
37deposited in the fund to the extent authorized and funded by that
38grant.

39(e) “Fund” means the State Water Pollution Control Revolving
40Fund.

P37   1(f) “Grant fund” means the State Water Pollution Control
2Revolving Fund Small Community Grant Fund.

3(g) “Matching funds” means money that equals that percentage
4of federal contributions required by the federal act to be matched
5with state funds.

6(h) “Municipality” has the same meaning and construction as
7in the federal act and also includes all state, interstate, and
8intermunicipal agencies.

9(i) “Publicly owned” means owned by a municipality.

10(j) “Severely disadvantaged community” means a community
11with a median household income of less than 60 percent of the
12statewide median household income.

13

begin deleteSEC. 38.end delete
14begin insertSEC. 34.end insert  

Section 13477.6 of the Water Code is amended to
15read:

16

13477.6.  

(a) The State Water Pollution Control Revolving
17Fund Small Community Grant Fund is hereby created in the State
18Treasury.

19(b) The following moneys shall be deposited in the grant fund:

20(1) Moneys transferred to the grant fund pursuant to subdivision
21(c).

22(2) Notwithstanding Section 16475 of the Government Code,
23any interest earned upon the moneys deposited in the grant fund.

24(c) (1) For any financing made pursuant to Section 13480, the
25board may assess an annual charge to be deposited in the grant
26fund in lieu of interest that would otherwise be charged.

27(2) The charge authorized by this subdivision may be applied
28at any time during the term of the financing, and once applied,
29shall remain unchanged unless the board determines that the
30application of the charge is any of the following:

31(A) No longer consistent with federal requirements regarding
32the fund.

33(B) No longer necessary.

34(C) Negatively affecting the board’s ability to fund projects that
35support its water quality goals.

36(3) The charge shall not increase the financing repayment
37amount as set forth in the terms and conditions imposed pursuant
38to this chapter.

P38   1(4) If the board ceases collecting the charge before the financing
2repayment is complete, the board shall replace the charge with an
3identical interest rate.

4(d) (1) Moneys in the grant fund, upon appropriation by the
5Legislature to the board, may be expended, in accordance with
6this chapter, for grants for projects described in Section 13480 that
7serve small communities as defined in subdivision (a) of Section
830925 of the Public Resources Code. The board shall expend
9moneys appropriated from the grant fund within a period of four
10years from the date of encumbrance.

11(2) For the purpose of approving grants, the board shall give
12priority to projects that serve severely disadvantaged communities.

13

begin deleteSEC. 39.end delete
14begin insertSEC. 35.end insert  

Section 13480 of the Water Code is amended to read:

15

13480.  

(a) Moneys in the fund shall be used only for the
16permissible purposes allowed by the federal act or a federal grant
17deposited in the fund to the extent authorized and funded by that
18grant.

19(b) Consistent with expenditure for authorized purposes, moneys
20in the fund may be used for the following purposes:

21(1) Loans that meet all of the following requirements:

22(A) Are made at or below market interest rates.

23(B) Require annual payments of principal and any interest, with
24repayment commencing not later than one year after completion
25of the project for which the loan is made and full amortization not
26later than 30 years after project completion unless otherwise
27authorized by a federal grant deposited in the fund to the extent
28authorized and funded by that grant. Loan forgiveness is
29permissible to the extent authorized by a federal grant deposited
30in the fund to the extent authorized and funded by that grant.

31(C) Require the loan recipient to establish an acceptable
32dedicated source of revenue for repayment of a loan.

33(D) (i) Contain other terms and conditions required by the board
34or the federal act or applicable rules, regulations, guidelines, and
35policies. To the extent permitted by federal law, the combined
36interest and loan service rate shall be set at a rate that does not
37exceed 50 percent of the interest rate paid by the state on the most
38recent sale of state general obligation bonds and the combined
39interest and loan service rate shall be computed according to the
40true interest cost method. If the combined interest and loan service
P39   1rate so determined is not a multiple of one-tenth of 1 percent, the
2combined interest and loan service rate shall be set at the multiple
3of one-tenth of 1 percent next above the combined interest and
4loan service rate so determined. A loan from the fund used to
5finance costs of facilities planning, or the preparation of plans,
6specifications, or estimates for construction of publicly owned
7treatment works shall comply with Section 603(e) of the federal
8act (33 U.S.C. Sec. 1383(e)).

9(ii) Notwithstanding clause (i), if the loan applicant is a
10municipality, an applicant for a loan for the implementation of a
11management program pursuant to Section 319 of the federal Clean
12Water Act (33 U.S.C. Sec. 1329), or an applicant for a loan for
13nonpoint source or estuary enhancement pursuant to Section 320
14of the federal Clean Water Act (33 U.S.C. Sec. 1330), and the
15applicant provides matching funds, the combined interest and loan
16service rate on the loan shall be 0 percent. A loan recipient that
17returns to the fund an amount of money equal to 20 percent of the
18remaining unpaid federal balance of an existing loan shall have
19the remaining unpaid loan balance refinanced at a combined interest
20and loan service rate of 0 percent over the time remaining in the
21original loan contract.

22(2) To buy or refinance the debt obligations of municipalities
23within the state at or below market rates if those debt obligations
24were incurred after March 7, 1985.

25(3) To guarantee, or purchase insurance for, local obligations
26where that action would improve credit market access or reduce
27interest rates.

28(4) As a source of revenue or security for the payment of
29principal and interest on revenue or general obligation bonds issued
30by the state, if the proceeds of the sale of those bonds will be
31deposited in the fund.

32(5) To establish loan guarantees for similar revolving funds
33established by municipalities.

34(6) To earn interest.

35(7) For payment of the reasonable costs of administering the
36fund and conducting activities under Title VI (commencing with
37Section 601) of the federal act (33 U.S.C. Sec. 1381 et seq.). Those
38costs shall not exceed 4 percent of all federal contributions to the
39fund, four hundred thousand dollars ($400,000) per year, or
40one-fifth of 1 percent per year of the current valuation of the fund,
P40   1whichever amount is greatest, plus the amount of any fees collected
2by the state for this purpose regardless of the source.

3(8) For financial assistance toward the nonfederal share of the
4costs of grant-funded treatment works projects to the extent
5permitted by the federal act.

6(9) Grants, principal forgiveness, negative interest rates, and
7any other type of, or variation on the above types of, assistance
8authorized by a federal grant deposited in the fund to the extent
9authorized and funded by that grant.

10

begin deleteSEC. 40.end delete
11begin insertSEC. 36.end insert  

Section 79702 of the Water Code is amended to read:

12

79702.  

Unless the context otherwise requires, the definitions
13set forth in this section govern the construction of this division, as
14follows:

15(a) “Acquisition” means obtaining a fee interest or any other
16interest in real property, including easements, leases, water, water
17rights, or interest in water obtained for the purposes of instream
18flows and development rights.

19(b) “CALFED Bay-Delta Program” means the program
20described in the Record of Decision dated August 28, 2000.

21(c) “Commission” means the California Water Commission.

22(d) “Committee” means the Water Quality, Supply, and
23Infrastructure Improvement Finance Committee created by Section
2479787.

25(e) “Delta” means the Sacramento-San Joaquin Delta, as defined
26in Section 85058.

27(f) “Delta conveyance facilities” means facilities that convey
28water directly from the Sacramento River to the State Water Project
29or the federal Central Valley Project pumping facilities in the south
30Delta.

31(g) “Delta counties” means the Counties of Contra Costa,
32Sacramento, San Joaquin, Solano, and Yolo.

33(h) “Delta plan” has the meaning set forth in Section 85059.

34(i) “Director” means the Director of Water Resources.

35(j) “Disadvantaged community” has the meaning set forth in
36subdivision (a) of Section 79505.5, as it may be amended.

37(k) “Economically distressed area” means a municipality with
38a population of 20,000 persons or less, a rural county, or a
39reasonably isolated and divisible segment of a larger municipality
40where the segment of the population is 20,000 persons or less,
P41   1with an annual median household income that is less than 85
2percent of the statewide median household income, and with one
3or more of the following conditions as determined by the
4department:

5(1) Financial hardship.

6(2) Unemployment rate at least 2 percent higher than the
7statewide average.

8(3) Low population density.

9(l) “Fund” means the Water Quality, Supply, and Infrastructure
10Improvement Fund of 2014 created by Section 79715.

11(m) “Instream flows” means a specific streamflow, measured
12in cubic feet per second, at a particular location for a defined time,
13and typically follows seasonal variations.

14(n) “Integrated regional water management plan” has the
15meaning set forth in Part 2.2 (commencing with Section 10530)
16of Division 6, as that part may be amended.

17(o) “Long-term” means for a period of not less than 20 years.

18(p) “Nonprofit organization” means an organization qualified
19to do business in California and qualified under Section 501(c)(3)
20of Title 26 of the United States Code.

21(q) “Proposition 1E” means the Disaster Preparedness and Flood
22Prevention Bond Act of 2006 (Chapter 1.699 (commencing with
23Section 5096.800) of Division 5 of the Public Resources Code).

24(r) “Proposition 84” means the Safe Drinking Water, Water
25Quality and Supply, Flood Control, River and Coastal Protection
26Bond Act of 2006 (Division 43 (commencing with Section 75001)
27of the Public Resources Code).

28(s) “Public agency” means a state agency or department, special
29district, joint powers authority, city, county, city and county, or
30other political subdivision of the state.

31(t) “Rainwater” has the meaning set forth in subdivision (c) of
32Section 10573.

33(u) “Secretary” means the Secretary of the Natural Resources
34Agency.

35(v) “Severely disadvantaged community” has the meaning set
36forth in Section 116760.20 of the Health and Safety Code.

37(w) “Small community water system” means a community water
38system that serves no more than 3,300 service connections or a
39year-long population of no more than 10,000 persons.

P42   1(x) “State board” means the State Water Resources Control
2Board.

3(y) “State General Obligation Bond Law” means the State
4General Obligation Bond Law (Chapter 4 (commencing with
5Section 16720) of Part 3 of Division 4 of Title 2 of the Government
6Code).

7(z) “State small water system” has the meaning set forth in
8subdivision (n) of Section 116275 of the Health and Safety Code.

9(aa) “Stormwater” has the meaning set forth in subdivision (e)
10of Section 10573.

11(ab) “Water right” means a legal entitlement authorizing water
12to be diverted from a specified source and put to a beneficial,
13nonwasteful use.

14

begin deleteSEC. 41.end delete
15begin insertSEC. 37.end insert  

No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.



O

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