California Legislature—2015–16 Regular Session

Assembly Bill No. 2112

Introduced by Assembly Member Dahle

February 17, 2016

An act to amend Section 116271 of the Health and Safety Code, relating to drinking water.

LEGISLATIVE COUNSEL’S DIGEST

AB 2112, as introduced, Dahle. Safe Drinking Water Act.

Existing law provides that the State Water Resources Control Board succeeds to and is vested with all of the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the State Department of Public Health, its predecessors, and its director for purposes of specified provisions relating to drinking water.

This bill would make nonsubstantive changes to the provisions vesting the State Water Resources Control Board with specified authorities, including deleting an obsolete subdivision.

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

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

SECTION 1.  

Section 116271 of the Health and Safety Code
is amended to read:

116271.  

(a) The State Water Resources Control Board succeeds
to and is vested with all of the authority, duties, powers, purposes,
functions, responsibilities, and jurisdiction of the State Department
of Public Health, its predecessors, and its director for purposes of
all of the following:

(1) The Environmental Laboratory Accreditation Act (Article
3 (commencing with Section 100825) of Chapter 4 of Part 1 of
Division 101).

(2) Article 3 (commencing with Section 106875) of Chapter 4
of Part 1.

(3) Article 1 (commencing with Section 115825) of Chapter 5
of Part 10.

(4) This chapter and the Safe Drinking Water State Revolving
Fund Law of 1997 (Chapter 4.5 (commencing with Section
116760)).

(5) Article 2 (commencing with Section 116800), Article 3
(commencing with Section 116825), and Article 4 (commencing
with Section 116875) of Chapter 5.

(6) Chapter 7 (commencing with Section 116975).

(7) The Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Bond Act of 2006 (Division
43 (commencing with Section 75001) of the Public Resources
Code).

(8) The Water Recycling Law (Chapter 7 (commencing with
Section 13500) of Division 7 of the Water Code).

(9) Chapter 7.3 (commencing with Section 13560) of Division
7 of the Water Code.

(10) The California Safe Drinking Water Bond Law of 1976
(Chapter 10.5 (commencing with Section 13850) of Division 7 of
the Water Code).

(11) Wholesale Regional Water System Security and Reliability
Act (Division 20.5 (commencing with Section 73500) of the Water
Code).

(12) Water Security, Clean Drinking Water, Coastal and Beach
Protection Act of 2002 (Division 26.5 (commencing with Section
79500) of the Water Code).

(b) The State Water Resources Control Board shall maintain a
drinking water program and carry out the duties, responsibilities,
and functions described in this section. Statutory reference to
“department,” “state department,” or “director” regarding a function
transferred to the State Water Resources Control Board shall refer
to the State Water Resources Control Board. This section does not
impair the authority of a local health officer to enforce this chapter
or a county’s election not to enforce this chapter, as provided in
Section 116500.

(c) The State Water Resources Control Board shall succeed to
the status of grantee or applicant, as appropriate, for any federal
Drinking Water State Revolving Fund capitalization begin delete grants end delete begin insert grant end insert
that the State Department of Public Health and any of its
predecessors applied for.

(d) Regulations adopted, orders issued, and all other
administrative actions taken by the State Department of Public
Health, any of its predecessors, or its director, pursuant to the
authorities now vested in the State Water Resources Control Board
and in effect immediately preceding begin delete the operative date of this
section end delete begin insert July 1, 2014, end insert shall remain in effect and are fully enforceable
unless and until readopted, amended, or repealed, or until they
expire by their own terms. Regulations in the process of adoption
pursuant to the authorities vested in the State Water Resources
Control Board shall continue under the authority of the State Water
Resources Control Board unless and until the State Water
Resources Control Board determines otherwise. Any other
administrative action adopted, prescribed, taken, or performed by,
or on behalf of, the State Department of Public Health, or its
director, in the administration of a program or the performance of
a duty, responsibility, or authorization transferred to the State
Water Resources Control Board shall remain in effect and shall
be deemed to be an action of the State Water Resources Control
Board unless and until the State Water Resources Control Board
determines otherwise.

(e) Permits, licenses, accreditations, certificates, and other
formal approvals and authorizations issued by the State Department
of Public Health, any of its predecessors, or its director pursuant
to authorities vested in the State Water Resources Control Board
pursuant to this section are not affected by the transfer and remain
in effect, subject to all applicable laws and regulations, unless and
until renewed, reissued, revised, amended, suspended, or revoked
by the State Water Resources Control Board or its deputy director,
as authorized pursuant to subdivision (k).

(f) Any action or proceeding by or against the State Department
of Public Health, including any officer or employee of the State
Department of Public Health named in an official capacity, or any
of its predecessors, pertaining to matters vested in the State Water
Resources Control Board by this section shall not abate, but shall
continue in the name of the State Water Resources Control Board.
The State Water Resources Control Board shall be substituted for
the State Department of Public Health, including any officer or
employee of the State Department of Public Health named in an
official capacity, and any of its predecessors, by the court or agency
where the action or proceeding is pending. The substitution shall
not in any way affect the rights of the parties to the action or
proceeding.

(g) On and after begin delete the operative date of this section end delete begin insert July 1, 2014 end insert ,
the unexpended balance of all funds available for use by the State
Department of Public Health or any of its predecessors in carrying
out any functions transferred to the State Water Resources Control
Board are available for use by the State Water Resources Control
Board.

(h) Books, documents, data, records, and property of the State
Department of Public Health pertaining to functions transferred
to the State Water Resources Control Board shall be transferred
to the State Water Resources Control Board. This subdivision does
not transfer any part of property commonly known as the Richmond
Campus that is owned by the State Public Works Board.

(i) A contract, lease, license, or any other agreement, including
local primacy agreements, as described in Section 116330, to which
the State Department of Public Health, any of its predecessors, its
director, or their agents, is a party, are not void or voidable by
reason of this section, but shall continue in full force and effect,
with the State Water Resources Control Board assuming all of the
rights, obligations, liabilities, and duties of the State Department
of Public Health and any of its predecessors as it relates to the
duties, powers, purposes, responsibilities, and jurisdiction vested
in the State Water Resources Control Board pursuant to this
section. This assumption does not affect the rights of the parties
to the contract, lease, license, or agreement.

(j) If the Department of Water Resources entered into
agreements on behalf of the State Department of Public Health or
its predecessor, the State Department of Health Services, pursuant
to Chapter 4.5 (commencing with Section 116760), the State Water
Resources Control Board shall also succeed the Department of
Water Resources as a party to those agreements and to all related
security instruments, including, but not limited to, fiscal services
agreements, deeds of trust, guarantees, letters of credit, and deposit
control agreements.

(k) (1) The State Water Resources Control Board shall appoint
a deputy director who reports to the executive director to oversee
the issuance and enforcement of public water system permits and
other duties as appropriate. The deputy director shall have public
health expertise.

(2) The deputy director is delegated the State Water Resources
Control Board’s authority to provide notice, approve notice content,
approve emergency notification plans, and take other action
pursuant to Article 5 (commencing with Section 116450), to issue,
renew, reissue, revise, amend, or deny any public water system
permits pursuant to Article 7 (commencing with Section 116525),
to suspend or revoke any public water system permit pursuant to
Article 8 (commencing with Section 116625), and to issue citations,
assess penalties, or issue orders pursuant to Article 9 (commencing
with Section 116650). Decisions and actions of the deputy director
taken pursuant to Article 5 (commencing with Section 116450) or
Article 7 (commencing with Section 116525) are deemed decisions
and actions taken, but are not subject to reconsideration, by the
State Water Resources Control Board. Decisions and actions of
the deputy director taken pursuant to Article 8 (commencing with
Section 116625) and Article 9 (commencing with Section 116650)
are deemed decisions and actions taken by the State Water
Resources Control Board, but any aggrieved person may petition
the State Water Resources Control Board for reconsideration of
the decision or action. This subdivision is not a limitation on the
State Water Resources Control Board’s authority to delegate any
other powers and duties.

(3) The State Water Resources Control Board shall not delegate
any authority, duty, power, purpose, function, or responsibility
specified in this section, including, but not limited to, issuance and
enforcement of public water system permits, to the regional water
quality control boards.

begin delete

(l) This section shall become operative on July 1, 2014.

end delete