BILL NUMBER: SB 385	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 7, 2015

INTRODUCED BY   Senator Hueso
   (Principal coauthors: Assembly Members Alejo and Eduardo Garcia)
   (Coauthors: Senators Cannella and Stone)
   (  Coauthor:   Assembly Member 
 Mayes   Coauthors:   Assembly Members
  Dodd   and 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:
 variances:  hexavalent  chromium. 
 chromium: compliance plan. 
   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  that prepares and
submits a compliance plan to the state board  , to grant a
 variance from   period of time to achieve
compliance with  the primary drinking water standard for
hexavalent chromium  if the public water system prepares and
submits a   by approving the  compliance 
plan, the state board approves the compliance plan, the 
 plan, as prescribed. This bill would require a  public
water system  provides   to p   rovide
 specified notice  requirements  regarding the
compliance plan to its  customers,   customers
 and the public water system  sends annual 
 to send written status  reports to the state  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.   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. 
   The bill would authorize the state board to direct revisions to
 the   a  compliance plan  or
previously approved compliance plan,  if the board makes
certain determinations and would  make a variance ineffective
  prohibit a public water system from being granted a
period of time to achieve compliance  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 
adopt emergency regulations to implement these provisions, to be in
effect for no more than 2 years   implement, interpret,
or make specific these provisions by means of criteria, published on
its Internet Web site  . To the extent that a public water
system, when requesting  approval of  a  variance
  compliance plan  or submitting a report pursuant
to these provisions, would  violate certain provisions of the
act   make any false statement or representation 
, 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  that
prepares and submits a compliance plan to the state board  , the
state board may grant a  variance from   period
of time to achieve compliance with  the primary drinking water
standard for hexavalent chromium  , if all of the following
conditions are met:   by approving the compliance plan.
 
   (1) (A) The public water system has prepared and submitted a
compliance plan, as described in subparagraph (B), to the state board
for approval.  
   (B) The 
    (b)     (1)     A 
compliance plan shall  describe   include all of
the following:  
   (A) A compelling reason why it is not feasible for the system to
presently comply with the primary drinking water standard for
hexavalent chromium.  
   (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. 
    (C)     A description of  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  exceed
five years from the date on which compliance otherwise would be
required.   extend beyond January 1, 2020. 

   (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.  
   (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.  
   (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. 

   (3) 
    (   c)  The public water system 
provides   shall provide  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: 
   (A) 
    (   1)  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. 
   (B) 
    (   2)  That the public water system's
customers have  an  alternative  to
consuming tap water and that the public water system can 
 drinking water and that the public water system may provide
information on that  alternative.   drinking
water.  The notice shall identify where the customer can obtain
that information. 
   (4) Every 12 months following 
    (d)     Following  the state board's
approval of the compliance plan, the public water system shall submit
a written  status  report to the state board,  at a
frequency and by a deadline or deadlines set by the state board,
 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.  Approval
of a report with changes to the compliance plan shall result in an
approved revised compliance plan.   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.  
   (b) 
    (   e)  A public water system  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.   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.  

   (c) 
    (f)     (1)  At any time, the state
board may direct revisions to a compliance plan  or disapprove a
compliance plan  if the state board determines that the
compliance plan is  insufficient or  
insufficient. At any time, the state board  may disapprove
 an annual   a written status  report if
the state board determines that the  annual 
written status  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  before the compliance plan is
resubmitted.  in a resubmitted compliance plan or
written status report.  
   (d) 
    (   2)  A previously approved compliance plan
that the state board requires to be revised, or  an annual
  a written status  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  subdivision (c). A  
paragraph (1). During the 60 days, a  public water system shall
not be deemed in violation of the primary drinking water standard for
hexavalent  chromium for 60 days following receipt of this
notice. A variance granted pursuant to subdivision (a) shall not be
effective for any   chromium. A  public water
system  that   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  fails to
submit a revised compliance plan or revised  annual 
 written status  report within 60 days of receiving the
notice, or  that  submits a revised compliance plan
or revised  annual   written status  report
that is subsequently disapproved. 
   (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.  
   (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.  
   (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).  
   (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.
 
   (f) (1) 
    (i)  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. 
   (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. 
  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.  Public 
 Some public  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  time-limited variance,  
period of time to achieve compliance,  to take effect
immediately.