Senate BillNo. 1263


Introduced by Senators Wieckowski and Pavley

February 18, 2016


An act to amend Section 116540 of, and to add Section 116527 to, the Health and Safety Code, relating to drinking water.

LEGISLATIVE COUNSEL’S DIGEST

SB 1263, as introduced, Wieckowski. Public water system: permits.

(1) Existing law, the California Safe Drinking Water Act, imposes on the State Water Resources Control Board various responsibilities and duties relating to providing a dependable, safe supply of drinking water. The act prohibits a person from operating a public water system unless he or she first submits an application, including a technical report, to the state board and receives a permit, as specified. The act requires the state board, upon determination that the application is complete, to make a specified investigation, and allows the state board to impose permit conditions, requirements for system improvements, and time schedules as the state board deems necessary to ensure an affordable, reliable, and adequate supply of water at all times that is pure, wholesome, and potable. The act prohibits a public water system that was not in existence on January 1, 1998, from being granted a permit unless the system demonstrates that the water supplier possesses adequate financial, managerial, and technical capability to ensure the delivery of pure, wholesome, and potable drinking water, and requires that this prohibition apply to any change of ownership of a public water system.

This bill would, commencing January 1, 2017, prohibit an application for a permit for a new public water system from being deemed complete unless the applicant has submitted a preliminary technical report to the state board, as specified, and would allow the state board to impose technical, financial, or managerial requirements on the permit. The bill would prohibit a public water system not in existence on January 1, 1998, from being granted a permit unless the public water system demonstrates that the water supplier also possesses adequate water rights to ensure the delivery of pure, wholesome, and potable drinking water, and would specify that the prohibition applies to any change in ownership of the public water system, including the consolidation of a public water system. The bill would allow the state board to deny the permit if the state board determines that the service area of the public water system can be served by one or more currently permitted public water systems.

(2) Existing law allows the state board to delegate primary responsibility for the administration and enforcement of the act within a county to a local health officer if certain criteria are met. Existing law requires that the local primacy agency be empowered with all of the authority granted to the state board over the specified public water systems.

This bill would prohibit a local primacy agency from issuing a permit without the concurrence of the state board.

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

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

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SECTION 1.  

Section 116527 is added to the Health and Safety
2Code
, to read:

3

116527.  

(a) Commencing January 1, 2017, an application for
4a permit for a new public water system under this chapter shall
5not be deemed complete unless the applicant has complied with
6the requirements of this section.

7(b) The applicant shall submit a preliminary technical report to
8the state board six months before submission of an application for
9a building permit for any improvement in the service area of a
10proposed new public water system or six months before initiating
11construction of any facility or component of a new public water
12system, whichever is earliest. This report shall include all of the
13following:

14(1) The name of each public water system for which any service
15area boundary is within three miles of any boundary of the
16applicant’s proposed public water system’s service area.

P3    1(2) A discussion of the feasibility of each of the adjacent public
2water systems annexing, connecting, or otherwise supplying
3domestic water to the service area of the applicant’s proposed
4public water system.

5(3) All proposed sources of domestic water supply for the
6proposed new public water system.

7(4) The estimated cost to construct, operate, and maintain the
8proposed new public water system, including long-term operation
9and maintenance costs and a proposed rate structure.

10(5) A comparison of the cost associated with the construction,
11operation and maintenance, and long-term sustainability of the
12proposed new public water system to costs associated with the
13annexation, consolidation, or connection to an existing public water
14system.

15(6) A discussion of all actions taken by the applicant to secure
16a supply of domestic water from an existing public water system
17for the service area of the proposed new public water system.

18(7) A discussion of all actions taken by the applicant to pursue
19a contract for managerial or operational oversight from an existing
20public water system.

21(c) Upon review of a preliminary technical report submitted
22pursuant to this section, the state board may do all of the following
23actions:

24(1) Direct the applicant to undertake additional discussion and
25negotiation with any existing public water system the state board
26determines has the technical, managerial, and financial capacity
27to provide an adequate and reliable supply of domestic water to
28the service area of the proposed new public water system.

29(2) Direct the applicant to report on the results of discussion
30and negotiations conducted pursuant to paragraph (1) to the state
31board.

32(3) Establish a time schedule for the applicant’s performance
33of directives issued pursuant to this subdivision.

34(d) An applicant shall comply with the state board’s directives
35before submitting an application for a permit under this chapter.

36(e) The state board’s review of a preliminary technical report
37pursuant to this section shall not be deemed approval of a project
38or approval of any permit application submitted under this chapter.

39

SEC. 2.  

Section 116540 of the Health and Safety Code is
40amended to read:

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116540.  

begin insert(a)end insertbegin insertend insert Following completion of the investigation and
2satisfaction of the requirements ofbegin delete subdivisions (a) and (b)end delete
3begin insert paragraphs (1) and (2)end insert, thebegin delete departmentend deletebegin insert state boardend insert shall issue or
4deny the permit. Thebegin delete departmentend deletebegin insert state boardend insert may impose permit
5conditions, requirements for system improvements,begin insert technical,
6financial, or managerial requirements,end insert
and time schedules as it
7deems necessary to ensure a reliable and adequate supply of water
8at all times that is pure, wholesome, potable, and does not endanger
9the health of consumers.

begin delete

10(a) No

end delete

11begin insert(1)end insertbegin insertend insertbegin insertAend insert public water system that was not in existence on January
121, 1998, shallbegin insert notend insert be granted a permit unless thebegin insert public waterend insert
13 system demonstrates to thebegin delete departmentend deletebegin insert state boardend insert that the water
14supplier possesses adequatebegin insert water rights, as well asend insert financial,
15managerial, and technical capability to ensure the delivery of pure,
16wholesome, and potable drinking water. This section shall also
17apply to any change of ownership of a public waterbegin delete system that
18occurs after January 1, 1998.end delete
begin insert system, including the consolidation
19of a public water system.end insert

begin delete

20(b) No

end delete

21begin insert(2)end insertbegin insertend insertbegin insertAend insert permit under this chapter shallbegin insert notend insert be issued to an
22association organized under Title 3 (commencing with Section
2318000) of the Corporations Code. This section shall not apply to
24unincorporated associationsbegin delete thatend deletebegin insert that,end insert as of December 31, 1990,
25are holders of a permit issued under this chapter.

begin insert

26(b) Notwithstanding Section 116330, a local primacy agency
27shall not issue a permit under this chapter without the concurrence
28of the state board.

end insert
begin insert

29(c) If the state board determines that the service area of the
30 public water system addressed by an application under this article
31can be served by one or more currently permitted public water
32systems, the state board may deny the permit.

end insert


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