Amended in Assembly June 18, 2015

Amended in Senate May 19, 2015

Amended in Senate April 7, 2015

Senate BillNo. 385


Introduced by Senator Hueso

(Principal coauthors: Assembly Members Alejo and Eduardo Garcia)

(Coauthors: Senators Cannella and Stone)

(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: hexavalent 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 period of time to achieve compliance with the primary drinking water standard for hexavalent chromium by approving the compliance plan, as prescribed. This bill would require a public water system to provide specified notice regarding the compliance plan tobegin delete its customersend deletebegin insert the persons served by the public water systemend insert and the public water system to send written status reports to the state 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 a compliance plan if the board makes certain determinations and would 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 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 compliance plan or submitting a report pursuant to these provisions, would 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: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Section 116431 is added to the Health and Safety
2Code
, to read:

3

116431.  

(a) At the request of any public water system that
4prepares and submits a compliance plan to the state board, the state
5board may grant a period of time to achieve compliance with the
P3    1primary drinking water standard for hexavalent chromium by
2begin delete approvingend deletebegin insert the state board’s written approval ofend insert the compliance
3plan.

4(b) (1) A compliance plan shall include all of the following:

5(A) A compelling reason why it is not feasible for the system
6to presently comply with the primary drinking water standard for
7hexavalent chromium.

8(B) A summary of the public water system’s review of available
9funding sources, the best available technology or technologies for
10treatment, and other options to achieve and maintain compliance
11with the primary drinking water standard for hexavalent chromium
12by the earliest feasible date.

13(C) A description of the actions the public water system is taking
14and will take by milestone dates to comply with the primary
15drinking water standard for hexavalent chromium by the earliest
16feasible date. The actions may include, but are not limited to,
17planning, designing, permitting, financing, constructing, testing,
18and activating treatment facilities or other capital improvements.
19The compliance plan shall include the public water system’s best
20estimate of the funding required for compliance and the actions
21that the public water system will take to secure the funding. In no
22event shall the earliest feasible date extend beyond January 1,
232020.

24(2) The state board maybegin delete approveend deletebegin insert do either of the following:end insert

25begin insert(A)end insertbegin insertend insertbegin insertApproveend insert a compliancebegin delete plan or provideend deletebegin insert plan.end insert

26begin insert(B)end insertbegin insertend insertbegin insertProvideend insert written comments on the compliance plan to the
27public water system.begin delete The state board may approve a compliance
28plan if the public water systemend delete
begin insert The comments may include
29requiring the public water system’s compliance, prior to January
301, 2020, with the primary drinking water standard for hexavalent
31chromium if the earliest feasible date, based on review of the
32compliance plan and based on the public water system’s specific
33circumstances identified in the plan, is prior to January 1, 2020.
34If the state board provides written comments, the public water
35system may submit a revised compliance plan that the state board
36may approve if the planend insert
timely and adequately addresses any and
37all written comments provided by the state board.

begin delete

38(3) The state board may, upon review of a compliance plan and
39based on the public water system’s specific circumstances
P4    1identified in the plan, require compliance with the primary drinking
2water standard for hexavalent chromium before January 1, 2020.

end delete

3(c) The public water system shall provide written notice
4regarding the compliance plan tobegin delete its customersend deletebegin insert the persons served
5by the public water systemend insert
at least two times per year. The written
6notice shall meet the translation requirements provided in
7subdivision (h) of Section 116450 and shall include notice of all
8of the following:

9(1) That the public water system is implementing the compliance
10plan that has been approved by the state board and that
11demonstrates the public water system is taking the needed feasible
12actions to comply with the primary drinking water standard for
13hexavalent chromium. The notice shall summarize those actions
14in a form and manner determined by the state board. For notices
15after the initial notice, the public water system shall update
16information demonstrating progress implementing the compliance
17plan.

18(2) That thebegin delete public water system’s customers haveend deletebegin insert persons
19served by the public water system have access toend insert
alternative
20drinking water and that the public water systembegin delete mayend deletebegin insert shallend insert provide
21information on that drinking water. The notice shall identify where
22begin delete the customer can obtain that information.end deletebegin insert that information may be
23obtained.end insert

24(3) Basic information describing hexavalent chromium,
25including the level found in drinking water provided by the public
26water system, the maximum contaminant level for hexavalent
27chromium, and the possible effects of hexavalent chromium on
28human health as specified in Appendix 64465-D of Section 64465
29of Title 22 of the California Code of Regulations.

30(d) Following the state board’s approval of the compliance plan,
31the public water system shall submit a written status report to the
32state board, at a frequency and by a deadline or deadlines set by
33the state board, for the state board’s approval, that updates the
34status of actions specified in the state board-approved compliance
35plan and that specifies any changes to the compliance plan that
36are needed to achieve compliance with the primary drinking water
37 standard for hexavalent chromium by the earliest feasible date.
38State board approval of a written status report that includes
39proposed changes to the compliance plan shall be deemed approval
P5    1ofbegin delete thoseend deletebegin insert the proposedend insert changes to the compliancebegin delete plan.end deletebegin insert plan and
2the resulting revised plan.end insert

3(e) A public water system shall not be deemed in violation of
4the primary drinking water standard for hexavalent chromium
5while implementing an approved compliance plan. A public water
6system that has submitted a compliance plan for approval shall
7not be deemed in violation of the primary drinking water standard
8for hexavalent chromium while state board action on the proposed
9and submitted compliance plan is pending.

10(f) (1) At any time, the state board may direct revisions to a
11compliance plan or disapprove a compliance plan if the state board
12determines that thebegin delete compliance plan is insufficient.end deletebegin insert actions and
13timelines addressed in the compliance plan are inadequate to
14achieve compliance by the earliest feasible date.end insert
At any time, the
15state board may disapprove a written status report if the state board
16determines that the written status report fails to demonstrate that
17the public water system is complying with the approved compliance
18plan by the milestone dates. In these instances, the state board shall
19provide the public water system with written notice specifying the
20reason for the required revisions or disapproval and the deficiencies
21that shall be addressed in a resubmitted compliance plan or written
22status report.

23(2) A previously approved compliance plan that the state board
24requires to be revised, or a written status report that is disapproved
25by the state board, may be revised and resubmitted by the public
26water system for state board approval within 60 days of receipt of
27the notice required by paragraph (1). During the 60 days, a public
28water system shall not be deemed in violation of the primary
29drinking water standard for hexavalent chromium. A public water
30system shall not be granted a period of time to achieve compliance
31with the primary drinking water standard for hexavalent chromium
32if the public water system fails to submit a revised compliance
33plan or revised written status report within 60 days of receiving
34the notice, or submits a revised compliance plan or revised written
35status report that is subsequently disapproved.

36(3) A compliance plan approved by the state board pursuant to
37this section shall continue in effect until the earliest feasible
38compliance date, as specified by the compliance plan, or until the begin delete39 state board determines that the compliance plan is no longer in
P6    1effect pursuant to this subdivision.end delete
begin insert water system fails to retain
2state board approval of the compliance plan.end insert

3(g) The state board may implement, interpret, or make specific
4the provisions of this section by means of criteria, published on
5its Internet Web site. This action by the state board shall not be
6subject to the rulemaking requirements of the Administrative
7Procedure Act (Chapter 3.5 (commencing with Section 11340) of
8Part 1 of Division 3 of Title 2 of the Government Code).

9(h) This section does not affect the state’s requirements for
10establishing drinking water standards for contaminants in drinking
11water. This section does not apply to any contaminants other than
12hexavalent chromium. This section is intended to address the
13specific circumstancebegin delete thatend deletebegin insert that,end insert for some public water systems,
14compliance with the state’s hexavalent chromium drinking water
15standard requires the design, financing, and construction of capital
16improvements. These major compliance actions necessitate a period
17of time for compliance.

18(i) This section shall remain in effect only until January 1, 2020,
19and as of that date is repealed, unless a later enacted statute, that
20is enacted before January 1, 2020, deletes or extends that date.

21

SEC. 2.  

No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.

30

SEC. 3.  

This act is an urgency statute necessary for the
31immediate preservation of the public peace, health, or safety within
32the meaning of Article IV of the Constitution and shall go into
33immediate effect. The facts constituting the necessity are:

34The state’s regulation setting the new maximum contaminant
35level for hexavalent chromium VI went into effect on July 1, 2014.
36The regulation required that the initial compliance monitoring
37under the regulation be performed by January 1, 2015. Some public
38water systems need to take major compliance actions, such as
39designing, financing, and constructing water treatment facilities,
40to comply with the new regulation. To avoid the systems being
P7    1deemed in violation of the regulation in 2015, and for a limited
2time period thereafter, it is necessary for this act, which authorizes
3a period of time to achieve compliance, to take effect immediately.



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