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California Senate Bill SB427

California 2017-2018 Regular Session

California Senate Bill SB427 Compare Versions

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1-Senate Bill No. 427 CHAPTER 238 An act to amend Section 116885 of, and to add Section 116890 to, the Health and Safety Code, relating to drinking water. [ Approved by Governor September 11, 2017. Filed with Secretary of State September 11, 2017. ] LEGISLATIVE COUNSEL'S DIGESTSB 427, 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.This 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, the community water system to provide a timeline for replacement of known lead user service lines in use in its distribution system to the State Water Resources Control Board. The bill, by July 1, 2020, would require a 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, 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 community water systems under the California Safe Drinking Water Act and would make a violation of a provision in (1) 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. (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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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 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 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 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 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 community water systems 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 community water system. The state board shall explain to the community water system, in writing, why the community water systems 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 boards proposed revised timeline, the public water system and the state board shall develop a compromise timeline within 30 days.(4) An approved timeline or a compromise timeline shall be a public record and available on the state boards Internet Web site.(5) In cases where a portion of a community water systems 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.(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 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 XIIIB 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 XIIIB of the California Constitution.
1+Enrolled August 25, 2017 Passed IN Senate May 30, 2017 Passed IN Assembly August 24, 2017 Amended IN Senate May 15, 2017 Amended IN Senate March 22, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 427Introduced by Senator LeyvaFebruary 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 DIGESTSB 427, 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.This 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, the community water system to provide a timeline for replacement of known lead user service lines in use in its distribution system to the State Water Resources Control Board. The bill, by July 1, 2020, would require a 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, 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 community water systems under the California Safe Drinking Water Act and would make a violation of a provision in (1) 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. (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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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 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 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 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 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 community water systems 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 community water system. The state board shall explain to the community water system, in writing, why the community water systems 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 boards proposed revised timeline, the public water system and the state board shall develop a compromise timeline within 30 days.(4) An approved timeline or a compromise timeline shall be a public record and available on the state boards Internet Web site.(5) In cases where a portion of a community water systems 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.(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 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 XIIIB 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 XIIIB of the California Constitution.
22
3- Senate Bill No. 427 CHAPTER 238 An act to amend Section 116885 of, and to add Section 116890 to, the Health and Safety Code, relating to drinking water. [ Approved by Governor September 11, 2017. Filed with Secretary of State September 11, 2017. ] LEGISLATIVE COUNSEL'S DIGESTSB 427, 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.This 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, the community water system to provide a timeline for replacement of known lead user service lines in use in its distribution system to the State Water Resources Control Board. The bill, by July 1, 2020, would require a 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, 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 community water systems under the California Safe Drinking Water Act and would make a violation of a provision in (1) 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. (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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ Enrolled August 25, 2017 Passed IN Senate May 30, 2017 Passed IN Assembly August 24, 2017 Amended IN Senate May 15, 2017 Amended IN Senate March 22, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 427Introduced by Senator LeyvaFebruary 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 DIGESTSB 427, 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.This 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, the community water system to provide a timeline for replacement of known lead user service lines in use in its distribution system to the State Water Resources Control Board. The bill, by July 1, 2020, would require a 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, 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 community water systems under the California Safe Drinking Water Act and would make a violation of a provision in (1) 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. (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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
4+
5+ Enrolled August 25, 2017 Passed IN Senate May 30, 2017 Passed IN Assembly August 24, 2017 Amended IN Senate May 15, 2017 Amended IN Senate March 22, 2017
6+
7+Enrolled August 25, 2017
8+Passed IN Senate May 30, 2017
9+Passed IN Assembly August 24, 2017
10+Amended IN Senate May 15, 2017
11+Amended IN Senate March 22, 2017
12+
13+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
414
515 Senate Bill No. 427
6-CHAPTER 238
16+
17+Introduced by Senator LeyvaFebruary 15, 2017
18+
19+Introduced by Senator Leyva
20+February 15, 2017
721
822 An act to amend Section 116885 of, and to add Section 116890 to, the Health and Safety Code, relating to drinking water.
9-
10- [ Approved by Governor September 11, 2017. Filed with Secretary of State September 11, 2017. ]
1123
1224 LEGISLATIVE COUNSEL'S DIGEST
1325
1426 ## LEGISLATIVE COUNSEL'S DIGEST
1527
1628 SB 427, Leyva. Public water systems: community water systems: lead user service lines.
1729
1830 (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.This 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, the community water system to provide a timeline for replacement of known lead user service lines in use in its distribution system to the State Water Resources Control Board. The bill, by July 1, 2020, would require a 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, 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 community water systems under the California Safe Drinking Water Act and would make a violation of a provision in (1) 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. (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.
1931
2032 (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.
2133
2234 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.
2335
2436 This 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, the community water system to provide a timeline for replacement of known lead user service lines in use in its distribution system to the State Water Resources Control Board. The bill, by July 1, 2020, would require a 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.
2537
2638 (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.
2739
2840 This bill would specifically authorize the state board to apply and enforce these provisions relating to lead user service lines in community water systems under the California Safe Drinking Water Act and would make a violation of a provision in (1) 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.
2941
3042 (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.
3143
3244 This bill would provide that no reimbursement is required by this act for a specified reason.
3345
3446 ## Digest Key
3547
3648 ## Bill Text
3749
3850 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 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 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 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 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 community water systems 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 community water system. The state board shall explain to the community water system, in writing, why the community water systems 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 boards proposed revised timeline, the public water system and the state board shall develop a compromise timeline within 30 days.(4) An approved timeline or a compromise timeline shall be a public record and available on the state boards Internet Web site.(5) In cases where a portion of a community water systems 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.(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 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 XIIIB 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 XIIIB of the California Constitution.
3951
4052 The people of the State of California do enact as follows:
4153
4254 ## The people of the State of California do enact as follows:
4355
4456 SECTION 1. Section 116885 of the Health and Safety Code is amended to read:116885. (a) By July 1, 2018, a 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 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 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 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 community water systems 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 community water system. The state board shall explain to the community water system, in writing, why the community water systems 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 boards proposed revised timeline, the public water system and the state board shall develop a compromise timeline within 30 days.(4) An approved timeline or a compromise timeline shall be a public record and available on the state boards Internet Web site.(5) In cases where a portion of a community water systems 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.
4557
4658 SECTION 1. Section 116885 of the Health and Safety Code is amended to read:
4759
4860 ### SECTION 1.
4961
5062 116885. (a) By July 1, 2018, a 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 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 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 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 community water systems 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 community water system. The state board shall explain to the community water system, in writing, why the community water systems 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 boards proposed revised timeline, the public water system and the state board shall develop a compromise timeline within 30 days.(4) An approved timeline or a compromise timeline shall be a public record and available on the state boards Internet Web site.(5) In cases where a portion of a community water systems 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.
5163
5264 116885. (a) By July 1, 2018, a 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 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 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 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 community water systems 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 community water system. The state board shall explain to the community water system, in writing, why the community water systems 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 boards proposed revised timeline, the public water system and the state board shall develop a compromise timeline within 30 days.(4) An approved timeline or a compromise timeline shall be a public record and available on the state boards Internet Web site.(5) In cases where a portion of a community water systems 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.
5365
5466 116885. (a) By July 1, 2018, a 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 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 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 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 community water systems 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 community water system. The state board shall explain to the community water system, in writing, why the community water systems 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 boards proposed revised timeline, the public water system and the state board shall develop a compromise timeline within 30 days.(4) An approved timeline or a compromise timeline shall be a public record and available on the state boards Internet Web site.(5) In cases where a portion of a community water systems 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.
5567
5668
5769
5870 116885. (a) By July 1, 2018, a 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.
5971
6072 (b) (1) By July 1, 2020, a 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.
6173
6274 (2) By July 1, 2020, a 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:
6375
6476 (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 community water system has identified.
6577
6678 (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.
6779
6880 (c) The state board shall review and approve a timeline established pursuant to subdivision (b) as follows:
6981
7082 (1) The state board shall review a community water systems 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:
7183
7284 (A) Approve the proposed timeline.
7385
7486 (B) Deny the proposed timeline and propose a revised timeline to the community water system. The state board shall explain to the community water system, in writing, why the community water systems timeline was not approved, the factors that the state board used to propose a revised timeline, and why the state board used those factors.
7587
7688 (2) If the state board fails to act within 30 days of the submission of the timeline, the timeline shall be deemed approved.
7789
7890 (3) If the public water system rejects the state boards proposed revised timeline, the public water system and the state board shall develop a compromise timeline within 30 days.
7991
8092 (4) An approved timeline or a compromise timeline shall be a public record and available on the state boards Internet Web site.
8193
8294 (5) In cases where a portion of a community water systems 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.
8395
8496 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.(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 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).
8597
8698 SEC. 2. Section 116890 is added to the Health and Safety Code, to read:
8799
88100 ### SEC. 2.
89101
90102 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 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).
91103
92104 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 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).
93105
94106 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 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).
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96108
97109
98110 116890. (a) For purposes of this article, the following definitions apply:
99111
100112 (1) Community water system has the same meaning as in Section 116275.
101113
102114 (2) Public water system has the same meaning as in Section 116275.
103115
104116 (3) State board means the State Water Resources Control Board.
105117
106118 (4) User service line has the same meaning as in Section 64551.60 of Title 22 of the California Code of Regulations.
107119
108120 (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).
109121
110122 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
111123
112124 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
113125
114126 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
115127
116128 ### SEC. 3.