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SB-1153 Water supply.(1989-1990)

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SB1153:v94#DOCUMENT

Senate Bill No. 1153
CHAPTER 956

An act to amend Sections 4049.50 and 4049.51 of, and to add Sections 4049.52 and 4049.53 to, the Health and Safety Code, relating to water supply.

[ Filed with Secretary of State  September 29, 1989. Approved by Governor  September 29, 1989. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1153, Bergeson. Water supply.
(1)  Existing law authorizes local health officers to collect fees from those water users required to install backflow prevention devices to offset the costs of implementing cross-connection control programs, and maintaining programs, in cooperation with water suppliers, to protect the public water supply against backflow through service connections. These programs are required to be conducted in accordance with regulations adopted by the State Department of Health Services.
This bill would permit local health officers, with the consent of the water supplier, to collect fees from the water supplier, and at the discretion of the water supplier, permit the water supplier to pass these fees through to water users.
This bill also would provide that nothing within specified provisions of law shall prevent a water supplier from directly charging those water users required to install backflow prevention devices for the costs of the above programs.
This bill furthermore would authorize local health officers to (a) maintain programs for the certification of backflow prevention device testers, which are consistent with the backflow protection regulations adopted by the department, to assure that testing and maintenance of backflow prevention devices are performed by qualified persons, (b) suspend, revoke, or refuse to renew the certificate of a tester, if after a hearing before the local health officer or his or her designee, he or she makes a finding of one of several specified forms of conduct, and (c) collect fees from certified testers to offset the cost of the certification program.
(2)  Under the California Safe Drinking Water Bond Law of 1986 and the California Safe Drinking Water Bond Law of 1988, grants may be made to local agencies by the Department of Water Resources to finance proposed projects and investigations for system improvements upon authorization of the Legislature.
This bill would provide authorization under those bond laws for specified projects.
(3)  This bill would impose a state-mandated local program by making any person who violates any provision regarding the above programs, any order of the local health officer pursuant to the above programs, or knowingly files a false statement or report required by the local health officer pursuant to the above programs guilty of a misdemeanor, punishable as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

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


SECTION 1.

 Section 4049.50 of the Health and Safety Code is amended to read:

4049.50.
 Local health officers may maintain programs for the control of cross-connections by water users, within the users’ premises, where public exposure to drinking water contaminated by backflow may occur. The programs may include inspections within water users premises for the purpose of identifying cross-connection hazards and determining appropriate backflow protection. Water users shall comply with all orders, instructions, regulations, and notices from the local health officer with respect to the installation, testing, and maintenance of backflow prevention devices. The local health officer may collect fees from those water users subject to inspection to offset the costs of implementing cross-connection control programs.

SEC. 2.

 Section 4049.51 of the Health and Safety Code is amended to read:

4049.51.
 (a)  Local health officers may maintain programs, in cooperation with water suppliers, to protect against backflow through service connections into the public water supply, and, with the consent of the water supplier, may collect fees from the water supplier to offset the costs of implementing these programs.
(b)  The fees authorized under this section and under Section 4049.50 shall be limited to the costs of administering these programs. At the discretion of the water supplier, the fees collected from the water supplier by the local health officer may be passed through to water users.
(c)  Programs authorized under this section and Section 4049.50 shall be conducted in accordance with backflow protection regulations adopted by the State Department of Health Services.
(d)  Nothing in this chapter shall prevent a water supplier from directly charging those water users required to install backflow prevention devices for the costs of the programs authorized in this section and Section 4049.50.

SEC. 3.

 Section 4049.52 is added to the Health and Safety Code, to read:

4049.52.
 To assure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, local health officers may maintain programs for certification of backflow prevention device testers. The local health officer may suspend, revoke, or refuse to renew the certificate of a tester, if, after a hearing before the local health officer or his or her designee, the local health officer or his or her designee finds that the tester has practiced fraud or deception or has displayed gross negligence or misconduct in the performance of his or her duties as a certified backflow prevention device tester. The local health officer may collect fees from certified testers to offset the cost of the certification program provided pursuant to this section. The certification standards shall be consistent with the backflow protection regulations adopted by the State Department of Health Services.

SEC. 4.

  Pursuant to Section 14012 of the Water Code, the Department of Water Resources is hereby authorized to make grants from the California Safe Drinking Water Bond Fund in accordance with the California Safe Drinking Water Bond Law of 1988 (Chapter 16 (commencing with Section 14000) of Division 7 of the Water Code), to the following agencies for purposes of financing proposed projects and investigations to identify alternatives for system improvements therefor:
(a)  Amador County Water Agency (Ridge System).
(b)  Amador County Water Agency (Previtali System).
(c)  Amador County Water Agency (Bosse Road).
(d)  Amador County Water Agency (Simmon System).
(e)  Colusa County Service Area (Lurline Road).
(f)  Elmira Community Services District.
(g)  Georgetown Divide Public Utility District (Kelsey South).
(h)  Georgetown Divide Public Utility District (Pilot Hill South).
(i)  Mariposa County Service Area (Bear Valley).
(j)  Mariposa County Service Area (Hornitos Water).
(k)  Mariposa County Service Area (Mt. Bullion Water).
( l)  Mono County Service Area #5 (Twin Lakes).
(m)  Nevada Irrigation District (Deer Creek Park).
(n)  Nevada Irrigation District (Highland Park).
(o)  Nevada Irrigation District (Rohr-Shanley).
(p)  Nevada Irrigation District (Sidnam and Hile Pipes).
(q)  Nevada Irrigation District (Starbright Acres #1).
(r)  Nevada Irrigation District (Starbright Acres #2).
(s)  Placer County Water Agency (525 and 32 Boardman Canal).
(t)  Placer County Water Agency (Dutch Flat).
(u)  Placer County Water Agency (Eastside Pipe).
(v)  Placer County Water Agency (Westside Pipe).
(w)  San Luis Obispo County Waterworks District #6 (Santa Margarita).
(x)  San Luis Obispo County Waterworks District #1 (San Miguel).
(y)  Sutter Community Services District.
(z)  Truckee-Donner Public Utility District (Hirschdale).
(aa)  Tuolumne County (Shaws Flat).
(bb)  Tuolumne County (Soulsbyville).

SEC. 5.

 Pursuant to Section 13896.2 of the Water Code, the Department of Water Resources is hereby authorized to make a grant from the California Safe Drinking Water Bond Fund, in accordance with the California Safe Drinking Water Bond Law of 1986 (Chapter 10.7 (commencing with Section 13895) of Division 7 of the Water Code), to the following agencies for purposes of financing a proposed project and investigation to identify alternatives for system improvements therefor:
(a)  Briceland Community Service District.
(b)  Lake County Service Area #3 (Twin Lakes).
(c)  Lake County Service Area #7 (Bonanza Springs).
(d)  Tuolumne Regional Water District (Irrigation District #16-Meadowbrook).

SEC. 6.

 The Department of Water Resources shall determine eligibility for and the amount of any grant authorized in this act, in accordance with the California Safe Drinking Water Bond Law of 1988 (Chapter 16 (commencing with Section 14000) of Division 7 of the Water Code) and may make those grants in accordance with the bond law.

SEC. 7.

 Notwithstanding any other provision of law, the Department of Water Resources may, at its discretion, prepare the information on each grant application required to be submitted to the Legislature under Section 14012 of the Water Code in the form of one annual report to the Legislature. The report shall be filed on or before January 31 of each year for grant commitments made of grant contracts entered into by the department during the previous calendar year. The report shall be filed with the Legislature, if it is in session, or, if it is not in session, with the Joint Rules Committee.

SEC. 8.

 (a)  The Legislature hereby finds and declares that, in order to meet the minimum safe drinking water standards, there are critical needs within the entities identified in this act, to immediately undertake certain improvements necessary to enable residents of those communities to have a dependable and potable water supply.
(b)  The Legislature further finds and declares that the water systems of the entities identified in this act have critical deficiencies in the areas of treatment, storage, and distribution which pose a serious threat to the public health and welfare of all consumers within those communities and that each entity is only barely meeting the demand for water within the community.

SEC. 9.

 Section 4049.53 is added to the Health and Safety Code, to read:

4049.53.
 Any person who violates any provision of this chapter, violates any order of the local health officer pursuant to this chapter, or knowingly files a false statement or report required by the local health officer pursuant to this chapter is guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment not exceeding 30 days in the county jail or by both such fine and imprisonment. Each day of a violation of any provision of this chapter or of any order of the local health officer beyond the time stated for compliance of the order shall be a separate offense.

SEC. 10.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII  B of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.