California Legislature—2013–14 Regular Session

Assembly Bill No. 2432

Introduced by Assembly Member Salas

February 21, 2014

An act to amend Section 116275 of the Health and Safety Code, relating to drinking water.

LEGISLATIVE COUNSEL’S DIGEST

AB 2432, as introduced, Salas. Drinking water.

Existing law, the California Safe Drinking Water Act, requires the State Department of Public Health to administer the regulation of drinking water and public water systems, as defined, to protect public health, including the conduct of research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water.

This bill would make a technical, nonsubstantive change to these provisions.

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

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

SECTION 1.  

Section 116275 of the Health and Safety Code
is amended to read:

116275.  

begin delete As used in this chapter: end delete begin insert For purposes of this chapter,
the following definitions apply: end insert

(a) “Contaminant” means any physical, chemical, biological,
or radiological substance or matter in water.

(b) “Department” means the State Department of Public Health.

(c) “Primary drinking water standards” means:

(1) Maximum levels of contaminants that, in the judgment of
the department, may have an adverse effect on the health of
persons.

(2) Specific treatment techniques adopted by the department in
lieu of maximum contaminant levels pursuant to subdivision (j)
of Section 116365.

(3) The monitoring and reporting requirements as specified in
regulations adopted by the department that pertain to maximum
contaminant levels.

(d) “Secondary drinking water standards” means standards that
specify maximum contaminant levels that, in the judgment of the
department, are necessary to protect the public welfare. Secondary
drinking water standards may apply to any contaminant in drinking
water that may adversely affect the odor or appearance of the water
and may cause a substantial number of persons served by the public
water system to discontinue its use, or that may otherwise adversely
affect the public welfare. Regulations establishing secondary
drinking water standards may vary according to geographic and
other circumstances and may apply to any contaminant in drinking
water that adversely affects the taste, odor, or appearance of the
water when the standards are necessary to ensure a supply of pure,
wholesome, and potable water.

(e) “Human consumption” means the use of water for drinking,
bathing or showering, hand washing, oral hygiene, or cooking,
including, but not limited to, preparing food and washing dishes.

(f) “Maximum contaminant level” means the maximum
permissible level of a contaminant in water.

(g) “Person” means an individual, corporation, company,
association, partnership, limited liability company, municipality,
public utility, or other public body or institution.

(h) “Public water system” means a system for the provision of
water for human consumption through pipes or other constructed
conveyances that has 15 or more service connections or regularly
serves at least 25 individuals daily at least 60 days out of the year.
A public water system includes the following:

(1) Any collection, treatment, storage, and distribution facilities
under control of the operator of the system that are used primarily
in connection with the system.

(2) Any collection or pretreatment storage facilities not under
the control of the operator that are used primarily in connection
with the system.

(3) Any water system that treats water on behalf of one or more
public water systems for the purpose of rendering it safe for human
consumption.

(i) “Community water system” means a public water system
that serves at least 15 service connections used by yearlong
residents or regularly serves at least 25 yearlong residents of the
area served by the system.

(j) “Noncommunity water system” means a public water system
that is not a community water system.

(k) “Nontransient noncommunity water system” means a public
water system that is not a community water system and that
regularly serves at least 25 of the same persons over six months
per year.

(l) “Local health officer” means a local health officer appointed
pursuant to Section 101000 or a local comprehensive health agency
designated by the board of supervisors pursuant to Section 101275
to carry out the drinking water program.

(m) “Significant rise in the bacterial count of water” means a
rise in the bacterial count of water that the department determines,
by regulation, represents an immediate danger to the health of
water users.

(n) “State small water system” means a system for the provision
of piped water to the public for human consumption that serves at
least five, but not more than 14, service connections and does not
regularly serve drinking water to more than an average of 25
individuals daily for more than 60 days out of the year.

(o) “Transient noncommunity water system” means a
noncommunity water system that does not regularly serve at least
25 of the same persons over six months per year.

(p) “User” means a person using water for domestic purposes.
User does not include a person processing, selling, or serving water
or operating a public water system.

(q) “Waterworks standards” means regulations adopted by the
department that take cognizance of the latest available “Standards
of Minimum Requirements for Safe Practice in the Production and
Delivery of Water for Domestic Use” adopted by the California
section of the American Water Works Association.

(r) “Local primacy agency” means a local health officer that
has applied for and received primacy delegation from the
department pursuant to Section 116330.

(s) “Service connection” means the point of connection between
the customer’s piping or constructed conveyance, and the water
system’s meter, service pipe, or constructed conveyance. A
connection to a system that delivers water by a constructed
conveyance other than a pipe shall not be considered a connection
in determining if the system is a public water system if any of the
following apply:

(1) The water is used exclusively for purposes other than
residential uses, consisting of drinking, bathing, and cooking or
other similar uses.

(2) The department determines that alternative water to achieve
the equivalent level of public health protection provided by the
applicable primary drinking water regulation is provided for
residential or similar uses for drinking and cooking.

(3) The department determines that the water provided for
residential or similar uses for drinking, cooking, and bathing is
centrally treated or treated at the point of entry by the provider, a
passthrough entity, or the user to achieve the equivalent level of
protection provided by the applicable primary drinking water
regulations.

(t) “Resident” means a person who physically occupies, whether
by ownership, rental, lease, or other means, the same dwelling for
at least 60 days of the year.

(u) “Water treatment operator” means a person who has met
the requirements for a specific water treatment operator grade
pursuant to Section 106875.

(v) “Water treatment operator-in-training” means a person who
has applied for and passed the written examination given by the
department but does not yet meet the experience requirements for
a specific water treatment operator grade pursuant to Section
106875.

(w) “Water distribution operator” means a person who has met
the requirements for a specific water distribution operator grade
pursuant to Section 106875.

(x) “Water treatment plant” means a group or assemblage of
structures, equipment, and processes that treats, blends, or
conditions the water supply of a public water system for the
purpose of meeting primary drinking water standards.

(y) “Water distribution system” means any combination of pipes,
tanks, pumps, and other physical features that deliver water from
the source or water treatment plant to the consumer.

(z) “Public health goal” means a goal established by the Office
of Environmental Health Hazard Assessment pursuant to
subdivision (c) of Section 116365.

(aa) “Small community water system” means a community
water system that serves no more than 3,300 service connections
or a yearlong population of no more than 10,000 persons.

(ab) “Disadvantaged community” means the entire service area
of a community water system, or a community therein, in which
the median household income is less than 80 percent of the
statewide average.