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AB-166 Safe drinking water: household filtration systems: rebate program.(2017-2018)

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Date Published: 03/23/2017 09:00 PM
AB166:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 166


Introduced by Assembly Member Salas

January 13, 2017


An act to amend Section 116275 of add Section 116676 to the Health and Safety Code, relating to drinking water.


LEGISLATIVE COUNSEL'S DIGEST


AB 166, as amended, Salas. Drinking water. Safe drinking water: household filtration systems: rebate program.
Existing law, the California Safe Drinking Water Act, imposes on the State Water Resources Control Board various responsibilities and duties relating to providing a dependable, safe supply of drinking water. The act prohibits a person from operating a public water system without a permit and requires any person who owns a public water system to ensure that the system, among other things, provides a reliable and adequate supply of pure, wholesome, healthful, and potable water.
This bill would require the state board, in collaboration with specified entities, to conduct a study on the feasibility and financial stability of a rebate program that would provide a household that is served by a water system that does not meet primary drinking water standards with a rebate for the purchase of a household water filtration system. The bill would also require the study to include any recommendations for the Legislature to implement the rebate program. The bill would require the state board to conclude the study no later than January 1, 2019, and to submit a report on the study to the Legislature no later than March 1, 2019.

Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 116676 is added to the Health and Safety Code, to read:

116676.
 (a) The State Water Resources Control Board, in collaboration with the State Energy Resources Conservation and Development Commission and other relevant stakeholders, shall conduct a study on the feasibility and financial stability of a rebate program, as developed by the State Water Resources Control Board, that would provide a household that is served by a water system that does not meet primary drinking water standards with a rebate for the purchase of a household water filtration system. The study shall also include any recommendations for the Legislature to implement the rebate program.
(b) The State Water Resources Control Board shall conclude the study no later than January 1, 2019, and shall submit a report on the study to the Legislature no later than March 1, 2019.

SECTION 1.Section 116275 of the Health and Safety Code is amended to read:
116275.

For purposes of this chapter, the following definitions apply:

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

(b)“Department” means the state board.

(c)“Primary drinking water standards” means:

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

(2)Specific treatment techniques adopted by the state board 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 state board that pertain to maximum contaminant levels.

(d)“Secondary drinking water standards” means standards that specify maximum contaminant levels that, in the judgment of the state board, 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 environmental 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 state board 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 state board entitled “California Waterworks Standards” (Chapter 16 (commencing with Section 64551) of Division 4 of Title 22 of the California Code of Regulations).

(r)“Local primacy agency” means a local health officer that has applied for and received primacy delegation 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 state board 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 state board 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 distribution operator” means a person who has met the requirements for a specific water distribution operator grade pursuant to Section 106875.

(w)“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.

(x)“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.

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

(z)“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.

(aa)“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.

(ab)“State board” means the State Water Resources Control Board.

(ac)“Deputy director” means the deputy director appointed by the state board pursuant to subdivision (k) of Section 116271.