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SB-1065 Primary drinking water standards: hexavalent chromium: compliance plan.(2023-2024)

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Date Published: 04/08/2024 09:00 PM
SB1065:v97#DOCUMENT

Amended  IN  Senate  April 08, 2024
Amended  IN  Senate  March 20, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1065


Introduced by Senator Padilla

February 12, 2024


An act to add and repeal Section 116431 of the Health and Safety Code, relating to drinking water.


LEGISLATIVE COUNSEL'S DIGEST


SB 1065, as amended, Padilla. Primary drinking water standards: hexavalent chromium: compliance plan.
The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various duties and responsibilities for the regulation and control of drinking water in the State of California. The act requires the state board to adopt primary drinking water standards for contaminants in drinking water based upon specified criteria, and requires a primary drinking water standard to be established for hexavalent chromium. Existing law authorizes the state board to grant a variance from primary drinking water standards to a public water system. Existing law makes certain violations of the act a crime.
The bill would authorize, until January 1, 2029, the state board to grant an extension of up to 3 years beyond any other compliance period established by the state board for a public water system to achieve compliance with the primary drinking water standard for hexavalent chromium, as prescribed. The bill would require a public water system to comply with all requirements that the state board has established for a public water system during the compliance period, including public notice of exceedance of the primary drinking water standard and the inclusion of information in a consumer confidence report. notice. The bill would prohibit a public water system from being deemed in violation of the primary drinking water standard for hexavalent chromium while implementing a compliance plan that has been approved by the state board if an extension is provided.
To the extent that a public water system, when submitting a compliance plan or submitting a report pursuant to these provisions, would make any false statement or representation, this bill would expand the scope of a crime and 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 116431 is added to the Health and Safety Code, to read:

116431.
 (a) The state board may grant an extension of up to three years beyond any other compliance period established by the state board for a public water system to achieve compliance with the primary drinking water standard for hexavalent chromium if the public water system meets both of the following:
(1) The public water system submits a compliance plan to the state board that includes a compliance method requiring facility construction for treatment of over 10 sources of water.
(2) The public water system has acted in good faith in attempting to meet the applicable timeline for the primary drinking water standard.
(b) If a public water system is granted an extension of time pursuant to this section, the public water system shall comply with all requirements that the state board has established for a public water system during the compliance period, including public notice of exceedance of the primary drinking water standard and the inclusion of information in a consumer confidence report. public notice.
(c) A public water system shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while implementing a compliance plan that has been approved by the state board if an extension of time is approved by the state board.
(d) The state board may implement, interpret, or make specific the provisions of this section by means of criteria published on its internet website. This action by the state board shall not be subject to the rulemaking requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(e) This section does not affect the state’s requirements for establishing drinking water standards for contaminants in drinking water. This section does not apply to any contaminants other than hexavalent chromium.
(f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

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.