Bill Text

PDF |Add To My Favorites |Track Bill | print page

SB-427 Public water systems: community water systems: lead user service lines.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 05/15/2017 09:00 PM
SB427:v97#DOCUMENT

Amended  IN  Senate  May 15, 2017
Amended  IN  Senate  March 22, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 427


Introduced by Senator Leyva

February 15, 2017


An act to amend Section 116885 of, and to add Section 116890 to, the Health and Safety Code, relating to drinking water.


LEGISLATIVE COUNSEL'S DIGEST


SB 427, as amended, Leyva. Public water systems: community water systems: lead user service lines.
(1) Existing law prohibits the use of any pipe, pipe or plumbing fitting or fixture, solder, or flux that is not lead free in the installation or repair of any public water system or any plumbing in a facility providing water for human consumption, except as specified.
Existing law requires, by July 1, 2018, a public water system to compile an inventory of known lead user service lines in use in its distribution system and identify areas that may have lead user service lines in use in its distribution system. Existing law requires the public water system, after completing the inventory, to provide a timeline for replacement of known lead user service lines in the distribution system to the State Water Resources Control Board. Existing law requires, by July 1, 2020, a public water system with areas that may have lead user service lines in use in its distribution system to either determine the existence or absence of lead user service lines in these areas and provide that information to the state board or provide a timeline for replacement of the user service lines whose content cannot be determined.
This bill, bill would apply the above-described provisions relating to lead user service lines to a community water system, instead of a public water system, and would require, by July 1, 2020, would require a public the community water system to provide the a timeline for replacement of known lead user service lines in use in its distribution system to the state board. State Water Resources Control Board. The bill, by July 1, 2020, would require a public community water system that has identified areas that may have lead user service lines in use in its distribution system to (a) provide to the state board its determination as to whether there are any lead user service lines in use in those areas of its distribution system and provide a timeline to the state board for replacement of those lead use service lines, and (b) provide findings as to whether there are any areas for which it cannot determine the content of the user service lines and a timeline for the replacement of those user service lines.

(2)Existing law requires the state board to either approve a proposed replacement timeline or deny and propose a revised replacement timeline to the public water system, as specified. If the public water system rejects the state board’s revised timeline, existing law requires the public water system and the state board to develop a compromise timeline within 30 days.

This bill, if a compromise timeline is not developed within 30 days, would require the public water system to comply with the state board’s revised timeline. The bill would authorize the state board to amend its revised timeline by incorporating elements of the public water system’s proposed timeline.

(3)

(2) Existing law, the California Safe Drinking Water Act, imposes on the state 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. Existing law authorizes the state board to issue an order, as specified, whenever the state board determines a person has violated or is violating the act. The act provides that a person who knowingly makes a false statement or representation in a report submitted, maintained, or used for purposes of compliance with the act or who violates an order issued by the state board pursuant to the act that has a substantial probability of presenting an imminent danger to the health of persons may be punished as a misdemeanor.
This bill would specifically authorize the state board to apply and enforce these provisions relating to lead user service lines in public community water systems under the California Safe Drinking Water Act and would make a violation of a provision in (1) or (2) a violation for purposes of the act. Because a misstatement in the above-described compiled inventory would be a crime, and a violation of an order issued by the state board relating to the use of any pipe, pipe or plumbing fitting or fixture, solder, or flux that is not lead free, as specified, would be a crime, this bill would impose a state-mandated local program by expanding the scope of a crime.

(4)

(3) 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 116885 of the Health and Safety Code is amended to read:

116885.
 (a) By July 1, 2018, a public community water system shall compile an inventory of known lead user service lines in use in its distribution system and identify areas that may have lead user service lines in use in its distribution system.
(b) (1) By July 1, 2020, a public community water system that has identified known lead user service lines in use in its distribution system as provided in subdivision (a) shall provide a timeline for replacement of known lead user service lines in use in its distribution system to the state board.
(2) By July 1, 2020, a public community water system that has identified areas that may have lead user service lines in use in its distribution system as provided for in subdivision (a) shall do both of the following:
(A) Provide to the state board its determination as to whether there are any lead user service lines in use in those areas of its distribution system and provide a timeline to the state board for replacement of those lead user service lines that the public community water system has identified.
(B) Provide its findings as to whether there are any areas for which it cannot determine the content of the user service lines and a timeline to the state board for replacement of the user service lines whose content cannot be determined.
(c) The state board shall review and approve a timeline established pursuant to subdivision (b) as follows:
(1) The state board shall review a public community water system’s proposed timeline for lead user service line replacement and, within 30 days of submission of the timeline to the state board, do either of the following:
(A) Approve the proposed timeline.
(B) Deny the proposed timeline and propose a revised timeline to the public community water system. The state board shall explain to the public community water system, in writing, why the public community water system’s timeline was not approved, the factors that the state board used to propose a revised timeline, and why the state board used those factors.
(2) If the state board fails to act within 30 days of the submission of the timeline, the timeline shall be deemed approved.
(3) If the public water system rejects the state board’s proposed revised timeline, the public water system and the state board shall develop a compromise timeline within 30 days. If the public water system and the state board have not developed a compromise timeline within 30 days, the public water system shall comply with the state board’s revised timeline. The state board may amend its revised timeline by incorporating elements of the public water system’s proposed timeline.
(4) An approved timeline or a compromise timeline shall be a public record and available on the state board’s Internet Web site.
(5) In cases where a portion of a public community water system’s distribution system is located within a Superfund site, as designated under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.), under an active cleanup order, the state board shall not propose a timeline for lead user service line replacement that does not conform to any applicable federal regulatory requirements or timelines.

SEC. 2.

 Section 116890 is added to the Health and Safety Code, to read:

116890.
 (a) For purposes of this article, the following definitions apply:
(1) “Community water system” has the same meaning as in Section 116275.

(1)

(2) “Public water system” has the same meaning as in Section 116275.

(2)

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

(3)

(4) “User service line” has the same meaning as in Section 64551.60 of Title 22 of the California Code of Regulations.
(b) The state board may apply the requirements of subdivision (a) of Section 116875 and Section 116885 to, and enforce the requirements of those provisions against, public water systems and community water systems under Chapter 4 (commencing with Section 116270). For purposes of Article 7 (commencing with Section 116525), Article 8 (commencing with Section 116625), and Article 9 (commencing with Section 116650) of Chapter 4, a violation of subdivision (a) of Section 116875 or Section 116885 by a public water system is a violation of Chapter 4 (commencing with Section 116270).

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.