California Senate Bill SB385 Amended / Bill

 BILL NUMBER: SB 385AMENDED BILL TEXT AMENDED IN SENATE APRIL 7, 2015 INTRODUCED BY Senator Hueso (Principal coauthors: Assembly Members Alejo and Eduardo Garcia) (Coauthors: Senators Cannella and Stone) (  Coauthor:   Assembly Member   Mayes   Coauthors:   Assembly Members   Dodd   and Mayes  ) FEBRUARY 24, 2015 An act to add and repeal Section 116431 of the Health and Safety Code, relating to drinking water, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 385, as amended, Hueso. Primary drinking water standards:  variances:  hexavalent  chromium.   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 required a primary drinking water standard to be established for hexavalent chromium by January 1, 2004. 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. This bill would authorize, until January 1, 2020, the state board, at the request of a public water system  that prepares and submits a compliance plan to the state board  , to grant a  variance from   period of time to achieve compliance with  the primary drinking water standard for hexavalent chromium  if the public water system prepares and submits a   by approving the  compliance  plan, the state board approves the compliance plan, the   plan, as prescribed. This bill would require a  public water system  provides   to p   rovide  specified notice  requirements  regarding the compliance plan to its  customers,   customers  and the public water system  sends annual   to send written status  reports to the state  board that updates the status of the approved compliance plan. The bill would require the compliance plan to describe the actions the public water system is taking and will take to comply with the primary drinking water standard for hexavalent chromium by the earliest feasible date, include the public water system's best estimate of the funding required for compliance, and the actions the public water system will take to secure funding.   board. This bill would prohibit a public water system from being deemed in violation of the primary drinking water standard for hexavalent chromium while implementing an approved compliance plan or while state board action on its proposed and submitted compliance plan is pending.  The bill would authorize the state board to direct revisions to  the   a  compliance plan  or previously approved compliance plan,  if the board makes certain determinations and would  make a variance ineffective   prohibit a public water system from being granted a period of time to achieve compliance  under certain circumstances, including if the public water system does not submit a revised compliance plan or the revised compliance plan is disapproved. The bill would authorize the state board to  adopt emergency regulations to implement these provisions, to be in effect for no more than 2 years   implement, interpret, or make specific these provisions by means of criteria, published on its Internet Web site  . To the extent that a public water system, when requesting  approval of  a  variance   compliance plan  or submitting a report pursuant to these provisions, would  violate certain provisions of the act   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. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated 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) At the request of any public water system  that prepares and submits a compliance plan to the state board  , the state board may grant a  variance from   period of time to achieve compliance with  the primary drinking water standard for hexavalent chromium  , if all of the following conditions are met:   by approving the compliance plan.   (1) (A) The public water system has prepared and submitted a compliance plan, as described in subparagraph (B), to the state board for approval.   (B) The   (b)     (1)     A  compliance plan shall  describe   include all of the following:   (A) A compelling reason why it is not feasible for the system to presently comply with the primary drinking water standard for hexavalent chromium.   (B) A summary of the public water system's review of available funding sources, the best available technology or technologies for treatment, and other options to achieve and maintain compliance with the primary drinking water standard for hexavalent chromium by the earliest feasible date.   (C)     A description of  the actions the public water system is taking and will take by milestone dates to comply with the primary drinking water standard for hexavalent chromium by the earliest feasible date. The actions may include, but are not limited to, planning, designing, permitting, financing, constructing, testing, and activating treatment facilities or other capital improvements. The compliance plan shall include the public water system's best estimate of the funding required for compliance and the actions that the public water system will take to secure the funding. In no event shall the earliest feasible date  exceed five years from the date on which compliance otherwise would be required.   extend beyond January 1, 2020.   (2) The state board has reviewed the compliance plan, identified any changes needed to ensure compliance with the primary drinking water standard for hexavalent chromium by the earliest feasible date, and approved the plan. The state board shall ensure that the public water system has reviewed available funding sources, cleanup and treatment technologies, and other options to achieve and maintain compliance of the primary drinking water standard by the earliest feasible date.   (2) The state board may approve a compliance plan or provide written comments on the compliance plan to the public water system. The state board may approve a compliance plan if the public water system timely and adequately addresses any and all written comments provided by the state board.   (3) The state board may, upon review of a compliance plan and based on the public water system's specific circumstances identified in the plan, require compliance with the primary drinking water standard for hexavalent chromium before January 1, 2020.   (3)   (   c)  The public water system  provides   shall provide  written notice regarding the compliance plan to its customers at least two times per year. The written notice shall meet the translation requirements provided in subdivision (h) of Section 116450 and shall include notice of all of the following:  (A)   (   1)  That the public water system is implementing the compliance plan that has been approved by the state board and that demonstrates the public water system is taking the needed feasible actions to comply with the primary drinking water standard for hexavalent chromium. The notice shall summarize those actions in a form and manner determined by the state board. For notices after the initial notice, the public water system shall update information demonstrating progress implementing the compliance plan.  (B)   (   2)  That the public water system's customers have  an  alternative  to consuming tap water and that the public water system can   drinking water and that the public water system may provide information on that  alternative.   drinking water.  The notice shall identify where the customer can obtain that information.  (4) Every 12 months following   (d)     Following  the state board's approval of the compliance plan, the public water system shall submit a written  status  report to the state board,  at a frequency and by a deadline or deadlines set by the state board,  for the state board's approval, that updates the status of actions specified in the state board-approved compliance plan and that specifies any changes to the compliance plan that are needed to achieve compliance with the primary drinking water standard for hexavalent chromium by the earliest feasible date.  Approval of a report with changes to the compliance plan shall result in an approved revised compliance plan.   State board approval of a written status report that includes proposed changes to the compliance plan shall be deemed approval of those changes to the compliance plan.   (b)   (   e)  A public water system  that has requested, or has been granted, a variance pursuant to this section shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while the request for a variance is pending or while the variance is in effect.   shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while implementing an approved compliance plan. A public water system that has submitted a compliance plan for approval shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while state board action on the proposed and submitted compliance plan is pending.   (c)   (f)     (1)  At any time, the state board may direct revisions to a compliance plan  or disapprove a compliance plan  if the state board determines that the compliance plan is  insufficient or   insufficient. At any time, the state board  may disapprove  an annual   a written status  report if the state board determines that the  annual  written status  report fails to demonstrate that the public water system is complying with the approved compliance plan by the milestone dates. In these instances, the state board shall provide the public water system with written notice specifying the reason for the required revisions or disapproval and the deficiencies that shall be addressed  before the compliance plan is resubmitted.  in a resubmitted compliance plan or written status report.   (d)   (   2)  A previously approved compliance plan that the state board requires to be revised, or  an annual   a written status  report that is disapproved by the state board, may be revised and resubmitted by the public water system for state board approval within 60 days of receipt of the notice required by  subdivision (c). A   paragraph (1). During the 60 days, a  public water system shall not be deemed in violation of the primary drinking water standard for hexavalent  chromium for 60 days following receipt of this notice. A variance granted pursuant to subdivision (a) shall not be effective for any   chromium. A  public water system  that   shall not be granted a period of time to achieve compliance with the primary drinking water standard for hexavalent chromium if the public water system  fails to submit a revised compliance plan or revised  annual   written status  report within 60 days of receiving the notice, or  that  submits a revised compliance plan or revised  annual   written status  report that is subsequently disapproved.  (e) (1) Except as provided in paragraph (2), the state board may adopt emergency regulations in accordance Section 11346.1 of the Government Code in order to implement this section.   (2) The emergency regulations shall remain in effect for a period not to exceed two years during which time the state board shall go back and adopt the regulations in conformity with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.   (3) A compliance plan approved by the state board pursuant to this section shall continue in effect until the earliest feasible compliance date, as specified by the compliance plan, or until the state board determines that the compliance plan is no longer in effect pursuant to this subdivision.   (g) The state board may implement, interpret, or make specific the provisions of this section by means of criteria, published on its Internet Web site. 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).   (h) 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. This section is intended to address the specific circumstance that for some public water systems, compliance with the state's hexavalent chromium drinking water standard requires the design, financing, and construction of capital improvements. These major compliance actions necessitate a period of time for compliance.   (f) (1)   (i)  This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.  (2) A variance granted by the state board pursuant to this section before January 1, 2020, shall continue in effect until the state board determines that the variance is no longer in effect pursuant to subdivision (d) or until the earliest feasible compliance date, as specified by the compliance plan.  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. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: The state's regulation setting the new maximum contaminant level for hexavalent chromium VI went into effect on July 1, 2014. The regulation required that the initial compliance monitoring under the regulation be performed by January 1, 2015.  Public   Some public  water systems need to take major compliance actions, such as designing, financing, and constructing water treatment facilities, to comply with the new regulation. To avoid the systems being deemed in violation of the regulation in 2015, and for a limited time period thereafter, it is necessary for this act, which authorizes a  time-limited variance,   period of time to achieve compliance,  to take effect immediately.