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AB-1605 Maximum contaminant levels: nitrate: replacement water.(2017-2018)

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Date Published: 02/18/2017 04:00 AM
AB1605:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1605


Introduced by Assembly Member Caballero

February 17, 2017


An act to add Chapter 5.1 (commencing with Section 13366) to Division 7 of the Water Code, relating to water quality.


LEGISLATIVE COUNSEL'S DIGEST


AB 1605, as introduced, Caballero. Maximum contaminant levels: nitrate: replacement water.
Under the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with authority over matters relating to water quality. Under the act, the state board and the regional boards prescribe waste discharge requirements for the discharge of waste that could affect the quality of the waters of the state. Under the act, each regional board, with respect to its region, coordinates with the state board and other regional boards, with respect to water quality control matters, including the prevention and abatement of water pollution and nuisance. The act requires, upon the order of a regional board, a person who has caused or permitted, causes or permits, or threatens to cause or permit any waste to be discharged or deposited where it is, or probably will be, discharged into the waters of the state and creates, or threatens to create, a condition of pollution or nuisance, to clean up the waste or abate the effects of the waste, or, in the case of threatened pollution or nuisance, to take other remedial action.
Existing law, the California Safe Drinking Water Act, requires the state board to administer provisions relating to the regulation of drinking water to protect public health and vests with the state board specified responsibilities. The act requires the state board to adopt primary drinking water standards and maximum contaminant levels for contaminants in drinking water.
This bill would deem a person that causes or permits, or threatens to cause or permit, any waste to be discharged that contributes to the exceedance of the maximum contaminant level for nitrate in drinking water to not have caused pollution or a nuisance or to not be liable for negligence or trespass, as specified, if the person or entity takes certain actions relating to replacement water until the maximum contaminant level for nitrate is no longer exceeded.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 5.1 (commencing with Section 13366) is added to Division 7 of the Water Code, to read:
CHAPTER  5.1. Replacement Water Program

13366.
 For purposes of this chapter only, “replacement water” means water that has been provided to persons or communities that meets drinking water standards. Replacement water may include, but is not limited to, bottled water, water treated by in-home treatment units, water treated by wellhead treatment units, or surface water supplies that are provided in exchange for groundwater supplies.

13366.5.
 A person or entity that causes or permits, or threatens to cause or permit, any waste to be discharged that contributes to the exceedance of the maximum contaminant level for nitrate in drinking water shall not be deemed to have caused pollution or a nuisance under Part 3 (commencing with Section 3479) of Division 4 of the Civil Code or this division, be liable for negligence under Section 1714 of the Civil Code, or be liable for trespass under common law if the person or entity, until the maximum contaminant level for nitrate is no longer exceeded, does any of the following:
(a) Provides or offers to provide replacement water.
(b) Contributes to the cost of providing replacement water into a mitigation fund.
(c) Participates in an alternative compliance project or program that has been authorized by the state board or regional board in its water quality control plan.