Amended in Assembly June 30, 2016

Amended in Assembly June 20, 2016

Amended in Senate May 31, 2016

Amended in Senate March 28, 2016

Senate Bill No. 1398

Introduced by Senator Leyva

February 19, 2016

An act to add Section 116885 to the Health and Safety Code, relating to drinking water.

LEGISLATIVE COUNSEL’S DIGEST

SB 1398, as amended, Leyva. Public water systems: lead begin delete pipes. end delete begin insert service lines. end insert

Existing law requires public water systems to take specified actions to test for and remediate certain contaminants in drinking water, including lead and copper. Existing law prohibits the use of any pipe, pipe or plumbing fitting or fixture, solder, or flux that is not lead free in the installation or repair of any public water system or any plumbing in a facility providing water for human consumption, except as specified.

This bill would require a public water system to compile an inventory of known lead begin delete pipes end delete begin insert service lines end insert in use in its begin insert distribution end insert system and identify areas that may have lead begin delete pipes end delete begin insert service lines end insert in use in its begin insert distribution end insert system by July 1, 2018. This bill would require a public water system, after completing the inventory, to provide a timeline for replacement of known lead begin delete pipes end delete begin insert service lines end insert in the begin insert distribution end insert system to the State Water Resources Control Board. This bill would require, by July 1, 2020, a public water system with areas that may have lead begin delete pipes end delete begin insert service lines end insert in use in its begin insert distribution end insert system to either determine the existence or absence of lead begin delete pipes end delete begin insert service lines end insert in these areas and provide that information to the begin delete state end delete board or provide a timeline for replacement of begin delete pipes end delete begin insert the pipes, tubings, and fittings end insert whose content cannot be determined begin delete to the state board. end delete begin insert that connect a water main to an individual water meter or service connection. This bill would require the board to approve a replacement timeline, as specified. end insert

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

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

SECTION 1.  

Section 116885 is added to the Health and Safety
Code, to read:

116885.  

(a) By July 1, 2018, a public water system shall
compile an inventory of known lead begin delete pipes end delete begin insert service lines end insert in use in
its begin insert distribution end insert system and identify areas that may have lead begin delete pipes end delete
begin insert service lines end insert in use in its begin insert distribution end insert system.

(b) (1) After completing the inventory required pursuant to
subdivision (a), a public water system shall provide a timeline for
replacement of known lead begin delete pipes end delete begin insert service lines end insert in begin insert use in end insert its
begin insert distribution end insert system to the begin delete State Water Resources Control Board. end delete

begin insert board. end insert

(2) By July 1, 2020, a public water system with areas that may
have lead begin delete pipes end delete begin insert service lines end insert in use in its begin insert distribution end insert system shall
do either of the following:

(A) Determine the existence or absence of lead begin delete pipes end delete begin insert service
lines end insert in begin delete these areas end delete begin insert use in its distribution system end insert and provide that
information to the begin delete State Water Resources Control Board. end delete begin insert board. end insert

(B) Provide a timeline begin insert to the board end insert for replacement of begin delete pipes end delete
begin insert pipes, tubings, and fittings end insert whose content cannot be determined

begin delete to the State Water Resources Control Board. end delete begin insert that connect end insert begin insert a water
main to an individual water meter or service connection. end insert

begin insert

(c) The board shall approve a timeline established pursuant to
subdivision (b) as follows:

end insert begin insert

(1) The board shall review a public water system’s proposed
timeline for lead service line replacement and within, 30 days of
submission of the timeline to the board, do either of the following:

end insert begin insert

(A) Approve the proposed timeline.

end insert begin insert

(B) Deny the proposed timeline and propose a revised timeline
to the public water system. The board shall explain to the public
water system, in writing, why the public water system’s timeline
was not approved, the factors that the board used to propose a
revised timeline, and why the board used those factors.

end insert begin insert

(2) If the board fails to act within 30 days of the submission of
the timeline, the timeline shall be deemed approved.

end insert begin insert

(3) If the public water system rejects the board’s proposed
revised timeline, the public water system and the board shall
develop a compromise timeline within 30 days.

end insert begin insert

(4) An approved timeline or a compromise timeline shall be a
public record and available on the board’s Internet Web site.

end insert begin delete

(c)

end delete

begin insert (d) end insert  For the purposes of this begin delete section, “public water system” has
the same meaning as provided in Section 116275. end delete begin insert section: end insert

begin insert

(1) “Board” means the State Water Resources Control Board.

end insert begin insert

(2) “Lead service line” has the same meaning as in Section
64671.35 of Title 22 of the California Code of Regulations.

end insert begin insert

(3) “Public water system” has the same meaning as in Section
116275.

end insert