Amended in Assembly August 18, 2016

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 insert user end insert service lines.

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 insert user end insert service lines in use in its distribution system and identify areas that may have lead begin insert user end insert service lines in use in its distribution 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 insert user end insert service lines in the distribution 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 insert user end insert service lines in use in its distribution system to either determine the existence or absence of lead begin insert user end insert service lines in these areas and provide that information to the board or provide a timeline for replacement of the begin delete pipes, tubings, and fittings end delete begin insert user service lines end insert whose content cannot be begin delete determined that connect a water main to an individual water meter or service connection. end delete begin insert determined. end insert This bill would require the board to approve a replacement timeline, as specified.

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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begin insert SECTION 1. end insert   

end insert begin insert

(a) The Legislature finds and declares all of the
following:

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(1) Lead in public water systems represents a threat to public
health, and any related risks should be assessed and mitigated by
public water systems.

end insert begin insert

(2) Public water systems in California may not have complete
knowledge and data concerning the existence of lead in their water
distribution systems due to the age of the system, inadequate
recordkeeping, or the addition of service areas for which
recordkeeping was not properly maintained.

end insert begin insert

(3) Public water systems in the state are required to comply
with a drinking water permit issued by the State Water Resources
Control Board, the United States Environmental Protection
Agency’s lead and copper rule, and other state and federal
requirements intended to protect public health. Public water
systems are required to regularly test their water supplies both at
the source and within their distribution systems to ensure that
water users are not exposed to lead.

end insert begin insert

(b) All of the following is the intent of the Legislature:

end insert begin insert

(1) To ensure that lead water pipes are identified and replaced
as promptly as practicable.

end insert begin insert

(2) That public water systems evaluate water service lines of
unidentified composition and take appropriate actions to ascertain
whether they contain lead.

end insert begin insert

(3) That public water systems manage the replacement of service
lines on a schedule that is commensurate with the risks and costs
involved.

end insert

begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

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 insert user end insert service lines in use in
its distribution system and identify areas that may have lead begin insert user end insert
service lines in use in its distribution 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 insert user end insert service lines in use in its
distribution system to the board.

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

(A) Determine the existence or absence of lead begin insert user end insert service
lines in use in its distribution system and provide that information
to the board.

(B) Provide a timeline to the board for replacement of begin delete pipes,
tubings, and fittings end delete begin insert user service lines end insert whose content cannot be begin delete determined that connect a water main to an individual water meter
or service connection. end delete begin insert determined. end insert

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

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

(A) Approve the proposed timeline.

(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.

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

(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.

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

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(5) In cases where a portion of a public water system’s
distribution system is located within a Superfund site, as designated
under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et
seq.), under an active cleanup order, the board shall not propose
a timeline for lead user service line replacement that does not
conform to any applicable federal regulatory requirements or
timelines.

end insert

(d) For the purposes of this section:

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

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

end delete begin delete

(3)

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begin insert (2) end insert  “Public water system” has the same meaning as in Section
116275.

begin insert

(3) “User service line” has the same meaning as in Section
64551.60 of Title 22 of the California Code of Regulations.

end insert