Today's Law As Amended

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SB-427 Public water systems: community water systems: lead user service lines.(2017-2018)



SECTION 1.

 Section 116885 of the Health and Safety Code is amended to read:

116885.
 (a) By July 1, 2018, a community water system shall compile an inventory of known lead user service lines in use in its distribution system and identify areas that may have lead user service lines in use in its distribution system.
(b) (1) By July 1, 2020, a community water system that has identified known lead user service lines in use in its distribution system as provided in subdivision (a) shall provide a timeline for replacement of known lead user service lines in use in its distribution system to the state board.
(2) By July 1, 2020, a community water system that has identified areas that may have lead user service lines in use in its distribution system as provided for in subdivision (a) shall do both of the following:
(A) Provide to the state board its determination as to whether there are any lead user service lines in use in those areas of its distribution system and provide a timeline to the state board for replacement of those lead user service lines that the community water system has identified.
(B) Provide its findings as to whether there are any areas for which it cannot determine the content of the user service lines and a timeline to the state board for replacement of the user service lines whose content cannot be determined.
(c) The state board shall review and approve a timeline established pursuant to subdivision (b) as follows:
(1) The state board shall review a community water system’s proposed timeline for lead user service line replacement and, within 30 days of submission of the timeline to the state board, do either of the following:
(A) Approve the proposed timeline.
(B) Deny the proposed timeline and propose a revised timeline to the community water system. The state board shall explain to the community water system, in writing, why the community water system’s timeline was not approved, the factors that the state board used to propose a revised timeline, and why the state board used those factors.
(2) If the state 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 state board’s proposed revised timeline, the public water system and the state 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 state board’s Internet Web site.
(5) In cases where a portion of a community water system’s distribution system is located within a Superfund site, as designated under the federal 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 state board shall not propose a timeline for lead user service line replacement that does not conform to any applicable federal regulatory requirements or timelines.

SEC. 2.

 Section 116890 is added to the Health and Safety Code, to read:

116890.
 (a) For purposes of this article, the following definitions apply:
(1) “Community water system” has the same meaning as in Section 116275.
(2) “Public water system” has the same meaning as in Section 116275.
(3) “State board” means the State Water Resources Control Board.
(4) “User service line” has the same meaning as in Section 64551.60 of Title 22 of the California Code of Regulations.
(b) The state board may apply the requirements of subdivision (a) of Section 116875 and Section 116885 to, and enforce the requirements of those provisions against, public water systems and community water systems under Chapter 4 (commencing with Section 116270). For purposes of Article 7 (commencing with Section 116525), Article 8 (commencing with Section 116625), and Article 9 (commencing with Section 116650) of Chapter 4, a violation of subdivision (a) of Section 116875 or Section 116885 by a public water system is a violation of Chapter 4 (commencing with Section 116270).
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.