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

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Date Published: 03/05/2019 09:00 PM
AB402:v98#DOCUMENT

Amended  IN  Assembly  March 05, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 402


Introduced by Assembly Member Quirk

February 06, 2019


An act to amend Section 116330 of the Health and Safety Code, relating to drinking water.


LEGISLATIVE COUNSEL'S DIGEST


AB 402, as amended, Quirk. State Water Resources Control Board: local primacy delegation: funding stabilization program.
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, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting implementing regulations, and conducting studies and investigations to assess the quality of water in private domestic water supplies. The act authorizes the state board to delegate, through a local primacy delegation agreement, primary responsibility for the act’s administration and enforcement within a county to a local health officer, as specified. The act requires that a local primacy delegation remain in effect until specified conditions occur. The act requires the state board to provide the local primacy agency, to the extent funds are available from the Safe Drinking Water Account, with an annual drinking water surveillance program grant to cover the costs of conducting inspection, monitoring, surveillance, and water quality evaluation activities specified in the local primacy agreement. The act requires the state board to adopt a schedule of fees and requires a public water system under the jurisdiction of a local primacy agency to pay these fees to the local primacy agency in lieu of the state board. Existing law makes it a crime for any person to knowingly commit certain acts, including making a false statement or representation in any record submitted, maintained, or used for the purposes of compliance with the act, possessing a record required to be maintained by the act that has been altered or concealed, and destroying, altering, or concealing any record required to be maintained by the act.
This bill would include enforcement costs as costs covered by an annual drinking water surveillance program grant. The bill would authorize any local primacy agency, with approval of the state board, to elect to participate in a funding stabilization program effective for the 2020–21 fiscal year and fiscal years thereafter, as specified. The bill would require the state board, during any fiscal year for which a local primacy agency participates in the funding stabilization program, to establish and collect all fees payable by public water systems for the local primacy agency activities and to provide funding to the local primacy agency each year in accordance with an annual workscope, prepared as prescribed by the local primacy agency that is submitted to and approved by the state board. The bill would prohibit a participating local primacy agency from charging a public water system any fee in addition to the fees established and collected by the funding stabilization program for the activities in the local primacy agency and would require all fines and penalties collected by such a local primacy agency for the local primacy agency’s activities to be remitted to the state board for deposit in the Safe Drinking Water account. The bill would require a participating local primacy agency to establish and maintain accurate accounting records of all costs it incurs and periodically to make these records available to the state board. By requiring new records for the purpose of complying with the act, this bill would expand the scope of a crime and thereby impose a state-mandated local program.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

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

116330.
 (a) The state board may delegate primary 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 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 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 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 state board.
(b) Any local health officer seeking a local primacy delegation shall submit an application to the state board. 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. The application shall be in the format, and shall contain information, required by the state board. The state board shall approve the application for primacy if the state board determines that the local health officer is capable of meeting the primacy program requirements established by the state board.
(c) A local primacy delegation approved by the 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 state board that it no longer wishes to retain local primacy.
(3) The state board determines that the local primacy agency no longer complies with the state board’s local primacy program requirements. The 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 state board.
(d) The state board shall evaluate the drinking water program of each local primacy agency at least annually. The state board shall prepare a report of the evaluation and list any program improvements needed to conform to the 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. The local primacy agency shall be granted a reasonable amount of time to make any needed program improvements prior to the initiation of any local primacy revocation actions.
(e) In addition to any funding provided under subdivision (g), to the extent funds are available in the Safe Drinking Water Account, the state board shall provide the local primacy agency with an annual drinking water surveillance program grant to cover the cost of conducting the inspection, monitoring, surveillance, enforcement, and water quality evaluation activities specified in the local primacy agreement. The annual program grant pursuant to this subdivision shall not exceed the amount that the state board determines would be necessary for the state board to conduct inspection, monitoring, surveillance, enforcement, and water quality evaluation activities in the absence of a local primacy agreement for those systems in that county.
(f) The local primacy agency shall act for the state board 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 state board by this chapter over those water systems.
(g) (1) With approval of the state board, any local primacy agency may elect to participate in the funding stabilization program effective for the 2020–21 fiscal year and thereafter set forth in this subdivision.
(2) A local primacy agency shall submit a resolution of intention to participate, approved by the county board of supervisors, to the state board by January 1 of the fiscal year immediately preceding the commencement of the fiscal year for which participation in the funding stabilization program is sought. If approved by the state board, the local primacy agency’s participation in the funding stabilization program shall continue until terminated in accordance with this paragraph. Either the local primacy agency or the board may terminate the local primacy agency’s participation by serving notice on the other party by January 1 of any year, and termination shall become effective July 1 of the immediately succeeding fiscal year.
(3) During any fiscal year for which a local primacy agency participates in the funding stabilization program, all of the following shall apply:
(A) Notwithstanding Section 101325 and subdivision (f) of Section 116565, the state board shall establish and collect all fees payable by public water systems for the local primacy agency activities set forth in this section.
(i) Fees established and collected pursuant to this subparagraph shall not be higher than the fees charges charged by the state board for regulatory oversight of equivalent small public water systems by the state board.
(ii) A local primacy agency shall not charge a public water system any fee in addition to the fees established and collected pursuant to this subparagraph for the activities set forth in this section.
(B) The state board shall provide funding to the local primacy agency each year in accordance with a detailed annual workscope submitted by the local primacy agency and approved by the state board. The workscope shall set forth the reasonable costs incurred by the local primacy agency in inspection, monitoring, surveillance, water quality evaluation, and enforcement activities described in the delegation agreement.
(C) A local primacy agency shall 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.
(D) A local primacy agency shall remit all fines and penalties collected by the local primacy agency for the local primacy agency activities set forth in this section to the state board for deposit in the Safe Drinking Water Account established pursuant to Section 116590.
(4) 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 workscope 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 workscope 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.

SEC. 2.

 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.