BILL ANALYSIS Ó
SB 1263
Page 1
SENATE THIRD READING
SB
1263 (Wieckowski and Pavley)
As Amended August 11, 2016
Majority vote
SENATE VOTE: 21-13
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Environmental |5-0 |Alejo, Arambula, Gray, | |
|Safety | |Lopez, McCarty | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Water |10-4 |Levine, Dodd, Eggman, |Gallagher, Bigelow, |
| | | |Harper, Olsen |
| | | | |
| | |Cristina Garcia, | |
| | |Eduardo Garcia, Gomez, | |
| | |Lopez, Nazarian, | |
| | |Salas, Williams | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Appropriations |14-6 |Gonzalez, Bloom, |Bigelow, Chang, |
| | |Bonilla, Bonta, |Gallagher, Jones, |
| | |Calderon, Daly, |Obernolte, Wagner |
| | |Eggman, Eduardo | |
SB 1263
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| | |Garcia, Holden, Quirk, | |
| | |Santiago, Weber, Wood, | |
| | |Chau | |
| | | | |
| | | | |
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SUMMARY: Requires a person submitting an application for a
permit for a proposed new public water system to first submit a
preliminary technical report to the State Water Resources
Control Board (State Water Board). Authorizes the State Water
Board to deny a permit for a new public water system if it
determines that it is reasonably foreseeable that the proposed
new public water system will be unable to provide affordable,
safe drinking water. Specifically, this bill:
1)Encourages, but does not require, a person considering
submitting an application for a permit for a proposed new
public water system to, no later than seven days after
submitting an application for a building permit for any
water-related improvement, submit the preliminary technical
report to the city or county.
2)Requires an applicant for a permit for a proposed new public
water system that would be regulated by a local primacy agency
to submit a copy of the preliminary technical report to the
State Water Board.
3)Requires the preliminary technical report for a proposed new
public water system to include a number of elements including
the name of existing public water systems within three miles
of the proposed public water system, any information provided
by the local agency formation commission, and a discussion of
the feasibility of connecting to an adjacent public water
system.
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4)Authorizes an applicant for a new proposed public water system
to submit documents, prepared to comply with the California
Environmental Quality Act (CEQA), to the State Water Board, in
lieu of the preliminary technical report and provides that
these documents shall be considered the functional equivalent
of the preliminary technical report.
5)Authorizes an applicant for a new proposed public water system
to submit the preliminary technical report and documents
prepared to comply with the CEQA to the State Water Board, if
those documents include some, but not necessarily all, of the
information required by the preliminary technical report, and
provides that together those documents and the preliminary
technical report shall be considered the functional equivalent
of the preliminary technical report.
6)Authorizes the State Water Board, upon review of a preliminary
technical report, to take a number of actions including
directing the applicant to undertake additional discussions
with the local agency formation commission and any existing
public water system within three miles of the proposed public
water system.
7)Authorizes the State Water Board to impose technical,
financial, or managerial requirements as part of a permit for
a proposed public water system.
8)Prohibits a local primacy agency from issuing a permit for a
new proposed public water system without the concurrence of
the State Water Board.
9)Authorizes the State Water Board to deny a permit for a
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proposed new public water system if it determines, based on
its assessment of the preliminary technical report, the permit
application and other relevant substantial evidence submitted,
that it is reasonably foreseeable that the proposed new public
water system will be unable to provide affordable, safe
drinking water in the reasonably foreseeable future.
10)Prohibits a city, including a charter city, or a county from
issuing a building permit for the construction of a new
residential development where a source of water supply is
water transported by water hauler, bottled water, a
water-vending machine or a retail water facility.
EXISTING LAW:
1)Prohibits any person from operating a public water system
unless he or she first submits an application to the State
Water Board and receives a permit. (Health and Safety Code
Section (HSC) 116525)
2)Requires the State Water Board, following completion of its
required investigation, to issue or deny the permit for a
public water system. Authorizes the State Water Board to
impose permit conditions, requirements for system
improvements, and time schedules as it deems necessary to
ensure a reliable and adequate supply of water at all times
that is pure, wholesome, potable, and does not endanger the
health of consumers. (HSC 116540)
3)Requires any person who owns a public water system to ensure
that the system meets drinking water standards, provides a
reliable and adequate supply of pure, wholesome, healthful,
and potable water and other requirements. (HSC 116555(a))
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4)Declares to be the established policy of the state that every
human being has the right to safe, clean, affordable, and
accessible water adequate for human consumption, cooking and
sanitary purposes. (Water Code Section 106.3)
FISCAL EFFECT: According to the Assembly Appropriations
Committee, enactment of this bill will result in minor and
absorbable costs to the State Water Board.
COMMENTS:
Need for the bill: According to the author, "SB 1263 will limit
the proliferation of new, unsustainable public water systems by
creating a strengthened review process for new system
applications. California has more than 7,600 public water
systems and these smaller systems can be challenged over the
long term by their lack of technical, financial and managerial
abilities."
Framework for affordable, safe drinking water: Governor Jerry
Brown's Administration has a framework for resilient,
affordable, safe drinking water for disadvantaged communities.
The goal of this framework is to ensure that every Californian
has access to an adequate supply of safe water for daily human
needs. According to the Governor's Office, this goal will be
achieved by easing the burden on local governments by limiting
the proliferation of new, unsustainable systems.
This bill is designed to encourage new developments to first
look at the possibility of connecting to an existing public
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water system before submitting an application to the State Water
Board for a new public water system. California currently has
over 7,600 public water systems, some of which are unable to
provide clean, affordable and safe water to their customers.
The State Water Board is currently dealing with water systems
that are unsustainable, while this bill looks to prevent future
unsustainable public water systems. In order to stem the flow
of more potentially unsustainable water systems in the future,
this bill strengthens the application process for new public
water systems by requiring developers to assess whether the
proposed development can be connected to an existing public
water system before embarking on the creation of a new water
system.
Analysis Prepared by:
Josh Tooker / E.S. & T.M. / (916) 319-3965 FN:
0003916