Today's Law As Amended


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AB-402 State Water Resources Control Board: local primacy delegation: funding stabilization program.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 116330 of the Health and Safety Code is amended to read:

116330.
 (a) The department  state board  may delegate primary or partial  responsibility for the administration and enforcement of this chapter within a county to a local health officer authorized by the board of supervisors to assume these duties, by means of a local primacy delegation agreement if the local health officer demonstrates that it has the capability to meet the local primacy program requirements established by the department  state board  pursuant to subdivision (h) of Section 116375. This delegation shall not include the regulation of community water systems serving 200 or more service connections. The local primacy agreement may contain terms and conditions that the department  state board  deems necessary to carry out this chapter. The local primacy agreement shall provide that, although the local primacy agency shall be primarily responsible for administration and enforcement of this chapter for the designated water systems, the department  state board  does not thereby relinquish its authority, but rather shall retain jurisdiction to administer and enforce this chapter for the designated water systems to the extent determined necessary by the department.  state board. 
(b) For   Any local health officer seeking a local primacy delegation shall submit an application to the department. The application shall be submitted by March 1, 1993, for local health officers seeking local primacy agreements for the 1993–94 fiscal year. Thereafter, the application shall be submitted by January 1, of the fiscal year immediately preceding the commencement of the fiscal year for which the local primacy delegation is sought.  counties that have not been delegated primary responsibility as of January 1, 2020, the state board may offer the opportunity for the county to have partial or primary responsibility for the administration and enforcement of this chapter within the county if the state board determines that it needs assistance in performing the activities described in subdivision (c). If the state board offers the county the opportunity to apply for partial or primary responsibility, the county may submit an application within six months of the state board providing the opportunity to apply.  The application shall be in the format, a format  and shall  contain information,  information as  required by the department. The department shall approve the application for primacy if the department  state board. The state board may approve an application for delegation if the state board  determines that the local health officer is capable of meeting the primacy program requirements established by the department.  able to sufficiently perform the activities described in subdivision (c). If an application is approved, the state board and the county shall sign a local primacy delegation agreement and the participation in the drinking water oversight program shall begin on the first day of the following fiscal year and continue until terminated in accordance with subdivision (d). 
(c) A local primacy agency shall act for the state board as the primary agency responsible for the administration and enforcement of this chapter for the designated public water systems, including permitting, inspections, water quality monitoring and evaluation, database maintenance, data reporting, and program management activities. A local primacy agency shall have all of the authority over designated public water systems as is granted to the state board by this chapter.
(c)  (d)  A local primacy delegation approved by the department  state board  shall remain in effect until any of the following conditions occur:
(1) The delegation is withdrawn by mutual agreement.
(2) The local primacy agency provides 120-day advance written notice to the department  state board  that it no longer wishes to retain local primacy.
(3) The department  state board  determines that the local primacy agency no longer complies with the department’s  state board’s  local primacy program requirements. The department  state board  shall provide written notice to the local primacy agency and the board of supervisors and shall provide an opportunity for a public hearing prior to initiation of any local primacy revocation action by the department.  state board. 
(d)  (e)  The department  state board  shall evaluate the drinking water program of  each local primacy agency  agency’s oversight program  at least annually. The department  state board  shall prepare a report of the evaluation and list any deficiencies or  program improvements needed to conform to the department’s  state board’s  local primacy program requirements. A copy of the evaluation report shall be provided to the local primacy agency and the board of supervisors.  county board of supervisors, and made available on the state board’s internet website.  The local primacy agency shall be granted a reasonable amount of time to  time, not to exceed two years, to  make any needed program improvements prior to the initiation of any local primacy revocation actions.
(f) (1) With approval of the state board, any local primacy agency may elect to participate in the funding stabilization program effective for the 2021–22 fiscal year and thereafter set forth in this subdivision.
(2) (A) Any local primacy agency electing to participate in the funding stabilization program shall submit an application to the state board either initially not less than one year after the effective date of the funding stabilization program or, if a local primacy agency elects to participate in the funding stabilization program after the initial period for submission, not less than six months after the beginning of a fiscal year.
(B) An application submitted by a local primacy agency to participate in the funding stabilization program shall be in a format and contain information as required by the state board, including a resolution of intention to participate, approved by the county board of supervisors.
(C) The state board may approve an application for the funding stabilization program if the state board determines that the local primacy agency oversight program is in good standing. If an application for the funding stabilization program is approved by the state board, the local primacy agency’s participation in the funding stabilization program shall continue until either the local primacy agency or the state board terminates participation in the funding stabilization program by serving notice to the other party by January 1 of any year and that termination shall become effective July 1.
(3) All fines, penalties, and reimbursement of costs for activities set forth in this section shall be payable to the state board and deposited in the Safe Drinking Water Account.
(e)  (4)  To the extent funds are available in the Safe Drinking Water Account, the department shall provide  The state board shall provide funding to  the local primacy agency with an annual drinking water surveillance program grant to cover the cost of conducting the inspection, monitoring, surveillance, and water quality evaluation activities specified in  each year for the reasonable costs incurred for the implementation of activities set forth in the work plan submitted by the local primacy agency and approved by the state board. The work plan shall set forth the activities to be performed by  the local primacy agreement. The annual program grant pursuant to this subdivision shall not exceed the amount that the department determines would be necessary for the department to conduct inspection, monitoring, surveillance, and water quality evaluation activities in the absence of a local primacy agreement for those systems in that county.  agency each fiscal year, including inspections, monitoring, surveillance, water quality evaluations, enforcement, and any other activities described in the delegation agreement. 
(5) The state board shall adopt regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to establish policies, guidelines, and procedures for the preparation of the work plan of the local primacy agency and the terms of payment by the board for work performed by the local primacy agency that shall include, but not be limited to, all of the following:
(A) Guidelines for the work plan submitted to the state board by the local primacy agency.
(B) Approval of reimbursable direct and indirect costs.
(C) Quantifiable measures to evaluate the performance of the local primacy agency under this subdivision.
(f)  (6)  The A  local primacy agency shall act for the department as the primary agency responsible for the administration and enforcement of this chapter for the specified public water systems and shall be empowered with all of the authority granted to the department by this chapter over those water systems.  establish and maintain accurate accounting records of all costs it incurs pursuant to this subdivision and periodically shall make these records available to the state board. 

SEC. 2.

 Section 116565 of the Health and Safety Code is amended to read:

116565.
 (a) Each public water system shall submit an annual fee according to a fee schedule established by the state board pursuant to subdivision (c) for the purpose of reimbursing the state board for the costs incurred by the state board for conducting activities mandated by this chapter. The amount of reimbursement shall be sufficient to pay, but in no event shall exceed, the state board’s costs in conducting these activities, including a prudent reserve in the Safe Drinking Water Account.
(b) Payment of the annual fee shall be due 90 calendar days following the due date established in the schedule. Failure to pay the annual fee within 90 calendar days shall result in a 10-percent late penalty that shall be paid in addition to the fee.
(c) The state board shall adopt, by regulation, a schedule of fees, as authorized by this section. The regulations may include provisions concerning the administration and collection of the fees.
(d) The state board shall set the amount of total revenue collected each year through the fee schedule at an amount equal to the amount appropriated by the Legislature in the annual Budget Act from the Safe Drinking Water Account for expenditure for the administration of this chapter, taking into account the reserves in the Safe Drinking Water Account. The state board shall review and revise the fees each fiscal year as necessary to conform with the amounts appropriated by the Legislature. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the amounts appropriated by the Legislature, the state board may further adjust the fees to compensate for the over or under collection of revenue.
(e) (1) Except as provided in subparagraph (A) of paragraph (2), the regulations adopted pursuant to this section, any amendment thereto, or subsequent adjustments to the annual fees, shall be adopted by the state board as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare.
(2) Notwithstanding Section 116377, both of the following shall apply:
(A) The initial regulations adopted by the state board to implement this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and may not rely on the statutory declaration of emergency in paragraph (1) or Section 116377.
(B) Any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the state board.
(f) (1)  A public water system under the jurisdiction of a local primacy agency shall pay the fees specified in this section to the local primacy agency in lieu of the state board. This section board unless the local primacy agency with jurisdiction is participating in the funding stabilization program established by subdivision (f) of Section 116330. This paragraph  does not preclude a local health officer from imposing additional fees pursuant to Section 101325.
(g) (2)  This section shall become operative on July 1, 2016. A public water system under the jurisdiction of a local primacy agency that is participating in the funding stabilization program established by subdivision (f) of Section 116330 shall pay the fees specified in this section to the state board. Notwithstanding Section 101325, a local primacy agency shall not charge a designated public water system regulated by a local primacy agency any fee in addition to the fees established and collected pursuant to this section. 
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.