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SB-526 Community water systems: lead user service lines.(2021-2022)

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Date Published: 02/17/2021 09:00 PM
SB526:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 526


Introduced by Senator Min
(Principal coauthor: Assembly Member Bloom)

February 17, 2021


An act to amend Section 116890 of, and to add and repeal Section 116891 of, the Health and Safety Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


SB 526, as introduced, Min. Community water systems: lead user service lines.
Existing law requires, by July 1, 2018, a community 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, by July 1, 2020, a community water system with known lead user service lines in use in its distribution system to provide a timeline for replacement of those lines to the State Water Resources Control Board. Existing law requires the state board to review and approve an established timeline, and requires, if the state board fails to act within 30 days of the submission of the timeline, the timeline to be deemed approved. Existing law authorizes the state board to enforce these requirements, as specified, and a violation is considered a violation of the California Safe Drinking Water Act, subjecting the violator to specified civil and criminal penalties.
This bill would, until January 1, 2025, require a community water system to remove or replace the full lead user service line, if the community water system disturbs, removes, or replaces a portion thereof. The bill would apply the above-described enforcement provisions to a violation of the requirements of the bill, thereby creating a state-mandated local program by expanding the scope of crimes under the California Safe Drinking Water Act.
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 116890 of the Health and Safety Code is amended 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.
(2) “Public water system” has the same meaning as in Section 116275.
(3) “State board” means the State Water Resources Control Board.
(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 116875, Section 116885 116885, and Section 116891 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 116875, Section 116885 116885, or Section 116891 by a public water system or community water system is a violation of Chapter 4 (commencing with Section 116270).

SEC. 2.

 Section 116891 is added to the Health and Safety Code, immediately after 116890, to read:

116891.
 (a) Notwithstanding Section 116885, a community water system shall not disturb, remove, or replace a lead user service line without also removing or replacing the full lead service line.
(b) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

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.