Amended in Senate April 7, 2015

Senate Bill No. 385

Introduced by Senator Hueso

(Principal coauthors: Assembly Members Alejo and Eduardo Garcia)

(Coauthors: Senators Cannella and Stone)

( begin delete Coauthor: end delete begin insert Coauthors: end insert Assembly begin delete Member end delete begin insert Members Dodd and end insert Mayes)

February 24, 2015

An act to add and repeal Section 116431 of the Health and Safety Code, relating to drinking water, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 385, as amended, Hueso. Primary drinking water standards: begin delete variances: end delete hexavalent begin delete chromium. end delete begin insert chromium: compliance plan. end insert

The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various duties and responsibilities for the regulation and control of drinking water in the State of California. The act requires the state board to adopt primary drinking water standards for contaminants in drinking water based upon specified criteria, and required a primary drinking water standard to be established for hexavalent chromium by January 1, 2004. Existing law authorizes the state board to grant a variance from primary drinking water standards to a public water system. Existing law makes certain violations of the act a crime.

This bill would authorize, until January 1, 2020, the state board, at the request of a public water system begin insert that prepares and submits a compliance plan to the state board end insert , to grant a begin delete variance from end delete begin insert period of time to achieve compliance with end insert the primary drinking water standard for hexavalent chromium begin delete if the public water system prepares and submits a end delete begin insert by approving the end insert compliance begin delete plan, the state board approves the compliance plan, the end delete begin insert plan, as prescribed. This bill would require a end insert public water system begin delete provides end delete begin insert to provide end insert specified notice begin delete requirements end delete regarding the compliance plan to its begin delete customers, end delete begin insert customers end insert and the public water system begin delete sends annual end delete begin insert to send written status end insert reports to the state begin delete board that updates the status of the approved compliance plan. The bill would require the compliance plan to describe the actions the public water system is taking and will take to comply with the primary drinking water standard for hexavalent chromium by the earliest feasible date, include the public water system’s best estimate of the funding required for compliance, and the actions the public water system will take to secure funding. end delete begin insert board. This bill would prohibit a public water system from being deemed in violation of the primary drinking water standard for hexavalent chromium while implementing an approved compliance plan or while state board action on its proposed and submitted compliance plan is pending. end insert

The bill would authorize the state board to direct revisions to begin delete the end delete begin insert a end insert compliance plan begin delete or previously approved compliance plan, end delete if the board makes certain determinations and would begin delete make a variance ineffective end delete begin insert prohibit a public water system from being granted a period of time to achieve compliance end insert under certain circumstances, including if the public water system does not submit a revised compliance plan or the revised compliance plan is disapproved. The bill would authorize the state board to begin delete adopt emergency regulations to implement these provisions, to be in effect for no more than 2 years end delete begin insert implement, interpret, or make specific these provisions by means of criteria, published on its Internet Web site end insert . To the extent that a public water system, when requesting begin insert approval of end insert a begin delete variance end delete begin insert compliance plan end insert or submitting a report pursuant to these provisions, would begin delete violate certain provisions of the act end delete begin insert make any false statement or representation end insert , this bill would expand the scope of a crime and impose a state-mandated local program.

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.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 116431 is added to the Health and Safety
Code, to read:

116431.  

(a) At the request of any public water system begin insert that
prepares and submits a compliance plan to the state board end insert , the
state board may grant a begin delete variance from end delete begin insert period of time to achieve
compliance with end insert the primary drinking water standard for hexavalent
chromium begin delete , if all of the following conditions are met: end delete begin insert by approving
the compliance plan. end insert

begin delete

(1) (A) The public water system has prepared and submitted a
compliance plan, as described in subparagraph (B), to the state
board for approval.

end delete begin delete

(B) The

end delete

begin insert (b) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert A end insert compliance plan shall begin delete describe end delete begin insert include all of the
following: end insert

begin insert

(A) A compelling reason why it is not feasible for the system to
presently comply with the primary drinking water standard for
hexavalent chromium.

end insert begin insert

(B) A summary of the public water system’s review of available
funding sources, the best available technology or technologies for
treatment, and other options to achieve and maintain compliance
with the primary drinking water standard for hexavalent chromium
by the earliest feasible date.

end insert

begin insert (C) end insert begin insert   end insert begin insert A description of end insert the actions the public water system is taking
and will take by milestone dates to comply with the primary
drinking water standard for hexavalent chromium by the earliest
feasible date. The actions may include, but are not limited to,
planning, designing, permitting, financing, constructing, testing,
and activating treatment facilities or other capital improvements.
The compliance plan shall include the public water system’s best
estimate of the funding required for compliance and the actions
that the public water system will take to secure the funding. In no
event shall the earliest feasible date begin delete exceed five years from the
date on which compliance otherwise would be required. end delete begin insert extend
beyond January 1, 2020. end insert

begin delete

(2) The state board has reviewed the compliance plan, identified
any changes needed to ensure compliance with the primary
drinking water standard for hexavalent chromium by the earliest
feasible date, and approved the plan. The state board shall ensure
that the public water system has reviewed available funding
sources, cleanup and treatment technologies, and other options to
achieve and maintain compliance of the primary drinking water
standard by the earliest feasible date.

end delete begin insert

(2) The state board may approve a compliance plan or provide
written comments on the compliance plan to the public water
system. The state board may approve a compliance plan if the
public water system timely and adequately addresses any and all
written comments provided by the state board.

end insert begin insert

(3) The state board may, upon review of a compliance plan and
based on the public water system’s specific circumstances identified
in the plan, require compliance with the primary drinking water
standard for hexavalent chromium before January 1, 2020.

end insert begin delete

(3)

end delete

begin insert ( end insert begin insert c) end insert  The public water system begin delete provides end delete begin insert shall provide end insert written notice
regarding the compliance plan to its customers at least two times
per year. The written notice shall meet the translation requirements
provided in subdivision (h) of Section 116450 and shall include
notice of all of the following:

begin delete

(A)

end delete

begin insert ( end insert begin insert 1) end insert  That the public water system is implementing the compliance
plan that has been approved by the state board and that
demonstrates the public water system is taking the needed feasible
actions to comply with the primary drinking water standard for
hexavalent chromium. The notice shall summarize those actions
in a form and manner determined by the state board. For notices
after the initial notice, the public water system shall update
information demonstrating progress implementing the compliance
plan.

begin delete

(B)

end delete

begin insert ( end insert begin insert 2) end insert  That the public water system’s customers have begin delete an end delete alternative
begin delete to consuming tap water and that the public water system can end delete
begin insert drinking water and that the public water system may end insert provide
information on that begin delete alternative. end delete begin insert drinking water. end insert The notice shall
identify where the customer can obtain that information.

begin delete

(4) Every 12 months following

end delete

begin insert (d) end insert begin insert   end insert begin insert Following end insert the state board’s approval of the compliance plan,
the public water system shall submit a written begin insert status end insert report to the
state board, begin insert at a frequency and by a deadline or deadlines set by
the state board, end insert for the state board’s approval, that updates the
status of actions specified in the state board-approved compliance
plan and that specifies any changes to the compliance plan that
are needed to achieve compliance with the primary drinking water
standard for hexavalent chromium by the earliest feasible date. begin delete Approval of a report with changes to the compliance plan shall
result in an approved revised compliance plan. end delete begin insert State board
approval of a written status report that includes proposed changes
to the compliance plan shall be deemed approval of those changes
to the compliance plan. end insert

begin delete

(b)

end delete

begin insert ( end insert begin insert e) end insert  A public water system begin delete that has requested, or has been
granted, a variance pursuant to this section shall not be deemed in
violation of the primary drinking water standard for hexavalent
chromium while the request for a variance is pending or while the
variance is in effect. end delete begin insert shall not be deemed in violation of the primary
drinking water standard for hexavalent chromium while
implementing an approved compliance plan. A public water system
that has submitted a compliance plan for approval shall not be
deemed in violation of the primary drinking water standard for
hexavalent chromium while state board action on the proposed
and submitted compliance plan is pending. end insert

begin delete

(c)

end delete

begin insert (f) end insert begin insert   end insert begin insert (1) end insert  At any time, the state board may direct revisions to a
compliance plan begin insert or disapprove a compliance plan end insert if the state board
determines that the compliance plan is begin delete insufficient or end delete begin insert insufficient.
At any time, the state board end insert may disapprove begin delete an annual end delete begin insert a written
status end insert report if the state board determines that the begin delete annual end delete begin insert written
status end insert report fails to demonstrate that the public water system is
complying with the approved compliance plan by the milestone
dates. In these instances, the state board shall provide the public
water system with written notice specifying the reason for the
required revisions or disapproval and the deficiencies that shall be
addressed begin delete before the compliance plan is resubmitted. end delete begin insert in a
resubmitted compliance plan or written status report. end insert

begin delete

(d)

end delete

begin insert ( end insert begin insert 2) end insert  A previously approved compliance plan that the state board
requires to be revised, or begin delete an annual end delete begin insert a written status end insert report that is
disapproved by the state board, may be revised and resubmitted
by the public water system for state board approval within 60 days
of receipt of the notice required by begin delete subdivision (c). A end delete begin insert paragraph
(1). During the 60 days, a end insert public water system shall not be deemed
in violation of the primary drinking water standard for hexavalent
begin delete chromium for 60 days following receipt of this notice. A variance
granted pursuant to subdivision (a) shall not be effective for any end delete
begin insert chromium. A end insert public water system begin delete that end delete begin insert shall not be granted a period
of time to achieve compliance with the primary drinking water
standard for hexavalent chromium if the public water system end insert fails
to submit a revised compliance plan or revised begin delete annual end delete begin insert written
status end insert report within 60 days of receiving the notice, or begin delete that end delete submits
a revised compliance plan or revised begin delete annual end delete begin insert written status end insert report
that is subsequently disapproved.

begin delete

(e) (1) Except as provided in paragraph (2), the state board may
adopt emergency regulations in accordance Section 11346.1 of
the Government Code in order to implement this section.

(2) The emergency regulations shall remain in effect for a period
not to exceed two years during which time the state board shall go
back and adopt the regulations in conformity with the provisions
of Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.

end delete begin insert

(3) A compliance plan approved by the state board pursuant to
this section shall continue in effect until the earliest feasible
compliance date, as specified by the compliance plan, or until the
state board determines that the compliance plan is no longer in
effect pursuant to this subdivision.

end insert begin insert

(g) The state board may implement, interpret, or make specific
the provisions of this section by means of criteria, published on
its Internet Web site. This action by the state board shall not be
subject to the rulemaking requirements of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code).

end insert begin insert

(h) This section does not affect the state’s requirements for
establishing drinking water standards for contaminants in drinking
water. This section does not apply to any contaminants other than
hexavalent chromium. This section is intended to address the
specific circumstance that for some public water systems,
compliance with the state’s hexavalent chromium drinking water
standard requires the design, financing, and construction of capital
improvements. These major compliance actions necessitate a
period of time for compliance.

end insert begin delete

(f) (1)

end delete

begin insert (i) end insert  This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

begin delete

(2) A variance granted by the state board pursuant to this section
before January 1, 2020, shall continue in effect until the state board
determines that the variance is no longer in effect pursuant to
subdivision (d) or until the earliest feasible compliance date, as
specified by the compliance plan.

end delete

SEC. 2.  

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

SEC. 3.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

The state’s regulation setting the new maximum contaminant
level for hexavalent chromium VI went into effect on July 1, 2014.
The regulation required that the initial compliance monitoring
under the regulation be performed by January 1, 2015. begin delete Public end delete begin insert Some
public end insert water systems need to take major compliance actions, such
as designing, financing, and constructing water treatment facilities,
to comply with the new regulation. To avoid the systems being
deemed in violation of the regulation in 2015, and for a limited
time period thereafter, it is necessary for this act, which authorizes
a begin delete time-limited variance, end delete begin insert period of time to achieve compliance, end insert to
take effect immediately.