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| 1 | - | Amended IN | |
| 1 | + | Amended IN Assembly May 19, 2022 Amended IN Assembly April 21, 2022 Amended IN Assembly March 28, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1931Introduced by Assembly Member Luz RivasFebruary 10, 2022An act to add Section 116891 to the Health and Safety Code, relating to drinking water.LEGISLATIVE COUNSEL'S DIGESTAB 1931, as amended, Luz Rivas. Community water systems: lead pipes.(1) Existing law prohibits a person from using 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 when necessary for the repair of leaded joints of cast iron pipes.This bill would require a community water system to replace or remove all lead service lines, as defined, that the community water system owns, in its service area, in their entirety. The bill would require the community water system to undertake specified mitigation best practices, including providing written notice to the owner and residents of all buildings and units served by the line, as specified, before commencing the replacement, removal, or disturbance, as defined. The bill would require the community water system to replace or remove the entire service line, when replacing or removing a lead service line, within 30 days of the start of construction, unless the community water system does not own the entire service line, as specified. The bill would prohibit a person or community water system from performing a partial lead service line replacement. The bill would also require the community water system to conduct tap water tests before and after the replacement, removal, or disturbance. The bill would require the community water system to create an inventory of known and unknown lead service lines in use in its distribution system. The bill would also require the community water system to provide an inventory, timeline, and lead exposure prevention plan to the State Water Resources Control Board (state board) on or before June 1, 2023. The bill would require the community water system to update the plan, as specified. The bill would also require the state board to review a newly created inventory, timeline, and lead exposure prevention plan, and would authorize the state board to approve it if the state board determines that it meets the requirements of the bill. The bill would require that each approved inventory, timeline, and lead exposure prevention plan be made available to the public and placed on the state boards internet website on or before August 1, 2023. The bill would also require the state board to use some of the funds received from a specified federal act, to the extent permitted, for grants to community water systems for the purpose of funding the removal or replacement of lead service lines that are not owned by the community water system but are owned by customers within the jurisdiction of the community water system. The bill would additionally authorize the state board to authorize a community water system to use those funds, to the extent permitted, for other required activities related to the removal or replacement of customer-owned lead 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 subject to a fine and misdemeanor penalties, or both.This bill would specifically authorize the state board to apply and enforce these provisions relating to the removal, replacement, or disturbance of a lead service line or a lead status unknown service line against community water systems under the California Safe Drinking Water Act and would make a violation of those provisions a violation for purposes of the act. Because knowingly making a false statement or representation in the notice required pursuant to the above-described provisions or in the inventory, timeline, and lead exposure prevention plan, submitted, maintained, or used for purposes of compliance with the act would be a crime, and a violation of 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 would be a crime, this bill would impose a state-mandated local program by expanding the scope of a crime.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 116891 is added to the Health and Safety Code, to read:116891. (a) For purposes of this section, the following definitions apply:(1) A disturbance occurs anytime the water to a lead service line, as defined in paragraph (2), or lead status unknown service line, is shut off or bypassed, such as when operating a valve on a service line or meter setter. This includes the replacement or removal of an inline water meter, a water meter setter, a gooseneck, pigtail, or connector, or a lead service line or lead status unknown service line.(2) A lead service line means a service line made of any of the following:(A) A lead pipe.(B) A lead pigtail, lead gooseneck, or other lead fitting or connector that is connected to the service line.(C) A galvanized service line that is, was, or was likely connected to a lead pipe, lead pigtail, lead gooseneck, or other lead fitting or connector.(3) A service line means the piping, tubing, connectors, and necessary appurtenances acting as a conduit from the water main or source of potable water supply to the building plumbing at the first shut-off valve inside the building, or 18 inches inside the building, whichever is shorter.(4) Partial lead service line replacement means the replacement or removal of only a portion, or part, of a lead service line as defined in paragraph (2).(b) A community water system shall replace or remove all lead service lines that the community water system owns, in its service area, subject to the notice and consent provisions in paragraph (3) of subdivision (c). (c) A community water system shall replace or remove all individual lead service lines that the community water system owns, in their entirety. (1) When replacing or removing a lead service line, the community water system shall replace or remove the entire service line within 30 days of the start of construction. This requirement only applies to the part of the lead service line that the community water system owns. (2) When a community water system does not own the entire service line, the community water system shall notify the owner of the line, or the owners authorized agent, that their part of the line contains lead and should be replaced. The community water system shall assist the property owner in identifying any available state or federal funding to help the property owner pay for this replacement, and shall replace the portion of the service line that the community water system owns. This notice shall be provided to the owner, or the owners authorized agent, and to the resident, if the resident is not the same person as the owner or owners agent, as soon as the utility identifies a lead service line or likely lead service line, and at least 90 days before the start of construction. When complying with this notification requirement, the community water system shall contact the owner or resident at least four times, and shall use a combination of mailings, telephone calls, or door knocking. Community water systems are strongly encouraged to work with or contract with community-based organizations to contact residents.(3) The community water system shall provide residents with the filters required in subdivision (g) once every three months until the full lead service line is replaced and the community water system complies with subdivision (e). (d) A person or community water system shall not perform a partial lead service line replacement.(e) Before commencing a lead service line replacement, removal, or disturbance, the community water system shall undertake the following mitigation best practices:(1) At least 90 days before commencing the replacement, removal, or disturbance, the community water system shall provide written notice to the owner and residents of all buildings and units served by the line. The notice shall explain the following:(A) A lead service line replacement is scheduled and when it is scheduled to occur.(B) The owner or residents may experience an increase of lead levels in their drinking water.(2) The notice shall also provide guidance on measures consumers can take to minimize their exposure to lead and shall include the following statement: Exposure to lead in drinking water can cause serious health effects in all age groups. Infants and children can have decreases in their intelligence quotients and attention spans. Lead exposure can lead to new learning and behavior problems or exacerbate existing learning and behavior problems. The children of women who are exposed to lead before or during pregnancy can have increased risk of these adverse health effects. Adults can have increased risk of heart disease, high blood pressure, and kidney or nervous system problems.(3) Owners and residents shall be notified in compliance with paragraphs (1) and (2) at least four times. (4) Before commencing the replacement, removal, or disturbance, and in compliance with subdivision (g), the community water system shall deliver to each affected building, unit, or kitchen area filters and replacement cartridges that are certified by an accredited third-party certification body to NSF/ANSI 53 and NSF/ANSI 42 standards for the reduction of lead and particulate. The community water system shall provide filter replacement cartridges sufficient to provide filtered water to the consumer, kitchen, or household for 18 months after construction is completed. (5) Prior to the replacement, removal, or disturbance of a lead service line, the community water system shall conduct at least one tap water test at each affected building, unit, or kitchen area. Each test shall be composed of three water samples.(6) After the replacement, removal, or disturbance, the community water system shall conduct, or have the resident conduct, at least four followup tap water tests on the following schedule: one week after the activity; one month after the activity; three months after the activity; and six months after the activity. These tests shall continue at three-month intervals until any detected lead is below one ppb, or no more than one microgram of lead per 250 milliliter milliliters of water. If the resident conducts the followup tests, the community water system shall provide thorough instructions to the resident, and shall pay for the costs to deliver the sample to the laboratory and for the laboratory to test the sample. These tests shall be analyzed by a laboratory that has accreditation or certification for drinking water pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101. The community water system shall provide sample test results to the consumer and to the state board within five business days of receipt. The state board shall make these results available to the public on its internet website within 15 business days of receipt. The community water system shall make the sample results publicly available on its internet website within 15 days of receipt.(f) (1) Notwithstanding Section 116885, a community water system shall create an inventory of known and unknown lead service lines in use in its distribution system. A community water system shall also identify areas that have or may have lead service lines in use in its distribution system, and shall create a timeline for replacement or removal of the known and unknown lead service lines for the service lines that the community water system owns. This inventory shall identify any partial replacements conducted by the community water system within the last 10 years, and shall include a description and demonstration of how the community water system plans to ensure that the public and consumers are protected from lead exposure resulting from any lead service line disturbance that has already, or will, occur.(2) If, prior to the completion of the inventory required by paragraph (1), a community water system identifies or is otherwise aware of residences or buildings located in areas identified as having been serviced by, likely having been serviced by, or likely being serviced by, lead service lines, the system shall provide those residences or buildings with filters in accordance with this subdivision and subdivisions (e) and (h). (A) Community water systems shall provide required filters to residents within five business days of identifying a residence or building that has been serviced by, was likely serviced by, or is likely being serviced by, lead service lines. (B) If a community water system identifies, or is otherwise aware of, a lead service line that has already been removed in its entirety, the community water system shall provide notice, filters, and tap water testing in compliance with subdivisions (e) and (h). (g) Residences and buildings located in areas identified as having, likely having been serviced by, or likely being serviced by, lead service lines shall immediately be provided with filters, and replacement cartridges that are certified by an accredited third-party certification body to NSF/ANSI 53 and NSF/ANSI 42 standards for the reduction of lead and particulate. The community water system shall provide replacement filter cartridges to residences and buildings in compliance with the filter manufacturers instructions, and once every three months until the full lead service line is replaced and the community water system complies with subdivision (e). (h) The community water system shall provide replacement filter cartridges per the manufacturers instructions.(i) A community water system shall provide the newly created inventory, timeline, and lead exposure prevention plan created pursuant to this section to the state board by June 1, 2023.(j) The state board shall review the newly created inventory, timeline, and lead exposure prevention plan, and shall require the community water system to revise the inventory, timeline, or lead exposure preventing plan in order to ensure that the lead service lines are removed within five years, and in a manner that protects consumers and the public from lead exposure.(k) If the state board determines that an inventory, timeline, and lead exposure prevention plan meets the requirements of this section, the state board may approve the inventory, timeline, and lead exposure prevention plan. (l) Each approved inventory, timeline, and lead exposure prevention plan shall be made available to the public and placed on the state boards internet website on or before August 1, 2023.(m) A community water system shall regularly update its lead service line inventory, timeline, and lead exposure prevention plan to reflect any lead service line removal or replacements.(n) A community water system shall update its inventory, timeline, and lead exposure prevention plan created pursuant to this section within 15 days of encountering a lead service line or a service line of unknown material that was previously incorrectly reported as a service line that was not a lead service line. (o) An inventory, timeline, or lead exposure prevention plan required by this section is not subject to the state board approval process established by subdivision (c) of Section 116885.(p) The state board may apply the requirements of this section to, and enforce the requirements of these provisions against, community water systems pursuant to 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 this section by a public water system is a violation of Chapter 4 (commencing with Section 116270).(q) The state board, when receiving funds under the federal Infrastructure Investment and Jobs Act (Public Law 117-58) for replacing or removing lead service lines, shall use some of the funds as grants to community water systems for the purpose of funding the removal or replacement of lead service lines that are not owned by the community water system, but are owned by customers within the jurisdiction of the community water system, to the extent permitted by federal law. Subject to Public Law 117-58, and to the extent otherwise permitted by federal law, the state board may additionally authorize a community water system to use those funds for other required activities related to the removal or replacement of customer-owned lead service lines, such as to provide customers whose property is connected to a lead service line with water filters.SEC. 2. 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. | |
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| 3 | - | ||
| 3 | + | Amended IN Assembly May 19, 2022 Amended IN Assembly April 21, 2022 Amended IN Assembly March 28, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1931Introduced by Assembly Member Luz RivasFebruary 10, 2022An act to add Section 116891 to the Health and Safety Code, relating to drinking water.LEGISLATIVE COUNSEL'S DIGESTAB 1931, as amended, Luz Rivas. Community water systems: lead pipes.(1) Existing law prohibits a person from using 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 when necessary for the repair of leaded joints of cast iron pipes.This bill would require a community water system to replace or remove all lead service lines, as defined, that the community water system owns, in its service area, in their entirety. The bill would require the community water system to undertake specified mitigation best practices, including providing written notice to the owner and residents of all buildings and units served by the line, as specified, before commencing the replacement, removal, or disturbance, as defined. The bill would require the community water system to replace or remove the entire service line, when replacing or removing a lead service line, within 30 days of the start of construction, unless the community water system does not own the entire service line, as specified. The bill would prohibit a person or community water system from performing a partial lead service line replacement. The bill would also require the community water system to conduct tap water tests before and after the replacement, removal, or disturbance. The bill would require the community water system to create an inventory of known and unknown lead service lines in use in its distribution system. The bill would also require the community water system to provide an inventory, timeline, and lead exposure prevention plan to the State Water Resources Control Board (state board) on or before June 1, 2023. The bill would require the community water system to update the plan, as specified. The bill would also require the state board to review a newly created inventory, timeline, and lead exposure prevention plan, and would authorize the state board to approve it if the state board determines that it meets the requirements of the bill. The bill would require that each approved inventory, timeline, and lead exposure prevention plan be made available to the public and placed on the state boards internet website on or before August 1, 2023. The bill would also require the state board to use some of the funds received from a specified federal act, to the extent permitted, for grants to community water systems for the purpose of funding the removal or replacement of lead service lines that are not owned by the community water system but are owned by customers within the jurisdiction of the community water system. The bill would additionally authorize the state board to authorize a community water system to use those funds, to the extent permitted, for other required activities related to the removal or replacement of customer-owned lead 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 subject to a fine and misdemeanor penalties, or both.This bill would specifically authorize the state board to apply and enforce these provisions relating to the removal, replacement, or disturbance of a lead service line or a lead status unknown service line against community water systems under the California Safe Drinking Water Act and would make a violation of those provisions a violation for purposes of the act. Because knowingly making a false statement or representation in the notice required pursuant to the above-described provisions or in the inventory, timeline, and lead exposure prevention plan, submitted, maintained, or used for purposes of compliance with the act would be a crime, and a violation of 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 would be a crime, this bill would impose a state-mandated local program by expanding the scope of a crime.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 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly May 19, 2022 Amended IN Assembly April 21, 2022 Amended IN Assembly March 28, 2022 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate June 30, 2022 | |
| 8 | 7 | Amended IN Assembly May 19, 2022 | |
| 9 | 8 | Amended IN Assembly April 21, 2022 | |
| 10 | 9 | Amended IN Assembly March 28, 2022 | |
| 11 | 10 | ||
| 12 | 11 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 13 | 12 | ||
| 14 | 13 | Assembly Bill | |
| 15 | 14 | ||
| 16 | 15 | No. 1931 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Luz RivasFebruary 10, 2022 | |
| 19 | 18 | ||
| 20 | 19 | Introduced by Assembly Member Luz Rivas | |
| 21 | 20 | February 10, 2022 | |
| 22 | 21 | ||
| 23 | - | An act to add | |
| 22 | + | An act to add Section 116891 to the Health and Safety Code, relating to drinking water. | |
| 24 | 23 | ||
| 25 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 27 | ||
| 29 | - | AB 1931, as amended, Luz Rivas. Community water systems: lead pipes. | |
| 28 | + | AB 1931, as amended, Luz Rivas. Community water systems: lead pipes. | |
| 30 | 29 | ||
| 31 | - | (1) | |
| 30 | + | (1) Existing law prohibits a person from using 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 when necessary for the repair of leaded joints of cast iron pipes.This bill would require a community water system to replace or remove all lead service lines, as defined, that the community water system owns, in its service area, in their entirety. The bill would require the community water system to undertake specified mitigation best practices, including providing written notice to the owner and residents of all buildings and units served by the line, as specified, before commencing the replacement, removal, or disturbance, as defined. The bill would require the community water system to replace or remove the entire service line, when replacing or removing a lead service line, within 30 days of the start of construction, unless the community water system does not own the entire service line, as specified. The bill would prohibit a person or community water system from performing a partial lead service line replacement. The bill would also require the community water system to conduct tap water tests before and after the replacement, removal, or disturbance. The bill would require the community water system to create an inventory of known and unknown lead service lines in use in its distribution system. The bill would also require the community water system to provide an inventory, timeline, and lead exposure prevention plan to the State Water Resources Control Board (state board) on or before June 1, 2023. The bill would require the community water system to update the plan, as specified. The bill would also require the state board to review a newly created inventory, timeline, and lead exposure prevention plan, and would authorize the state board to approve it if the state board determines that it meets the requirements of the bill. The bill would require that each approved inventory, timeline, and lead exposure prevention plan be made available to the public and placed on the state boards internet website on or before August 1, 2023. The bill would also require the state board to use some of the funds received from a specified federal act, to the extent permitted, for grants to community water systems for the purpose of funding the removal or replacement of lead service lines that are not owned by the community water system but are owned by customers within the jurisdiction of the community water system. The bill would additionally authorize the state board to authorize a community water system to use those funds, to the extent permitted, for other required activities related to the removal or replacement of customer-owned lead 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 subject to a fine and misdemeanor penalties, or both.This bill would specifically authorize the state board to apply and enforce these provisions relating to the removal, replacement, or disturbance of a lead service line or a lead status unknown service line against community water systems under the California Safe Drinking Water Act and would make a violation of those provisions a violation for purposes of the act. Because knowingly making a false statement or representation in the notice required pursuant to the above-described provisions or in the inventory, timeline, and lead exposure prevention plan, submitted, maintained, or used for purposes of compliance with the act would be a crime, and a violation of 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 would be a crime, this bill would impose a state-mandated local program by expanding the scope of a crime.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. | |
| 32 | 31 | ||
| 33 | 32 | (1) Existing law prohibits a person from using 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 when necessary for the repair of leaded joints of cast iron pipes. | |
| 34 | 33 | ||
| 35 | - | This bill would require, | |
| 34 | + | This bill would require a community water system to replace or remove all lead service lines, as defined, that the community water system owns, in its service area, in their entirety. The bill would require the community water system to undertake specified mitigation best practices, including providing written notice to the owner and residents of all buildings and units served by the line, as specified, before commencing the replacement, removal, or disturbance, as defined. The bill would require the community water system to replace or remove the entire service line, when replacing or removing a lead service line, within 30 days of the start of construction, unless the community water system does not own the entire service line, as specified. The bill would prohibit a person or community water system from performing a partial lead service line replacement. The bill would also require the community water system to conduct tap water tests before and after the replacement, removal, or disturbance. The bill would require the community water system to create an inventory of known and unknown lead service lines in use in its distribution system. The bill would also require the community water system to provide an inventory, timeline, and lead exposure prevention plan to the State Water Resources Control Board (state board) on or before June 1, 2023. The bill would require the community water system to update the plan, as specified. The bill would also require the state board to review a newly created inventory, timeline, and lead exposure prevention plan, and would authorize the state board to approve it if the state board determines that it meets the requirements of the bill. The bill would require that each approved inventory, timeline, and lead exposure prevention plan be made available to the public and placed on the state boards internet website on or before August 1, 2023. The bill would also require the state board to use some of the funds received from a specified federal act, to the extent permitted, for grants to community water systems for the purpose of funding the removal or replacement of lead service lines that are not owned by the community water system but are owned by customers within the jurisdiction of the community water system. The bill would additionally authorize the state board to authorize a community water system to use those funds, to the extent permitted, for other required activities related to the removal or replacement of customer-owned lead service lines. | |
| 36 | 35 | ||
| 37 | 36 | (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 subject to a fine and misdemeanor penalties, or both. | |
| 38 | 37 | ||
| 39 | - | This bill would specifically authorize the state board to apply and enforce | |
| 38 | + | This bill would specifically authorize the state board to apply and enforce these provisions relating to the removal, replacement, or disturbance of a lead service line or a lead status unknown service line against community water systems under the California Safe Drinking Water Act and would make a violation of those provisions a violation for purposes of the act. Because knowingly making a false statement or representation in the notice required pursuant to the above-described provisions or in the inventory, timeline, and lead exposure prevention plan, submitted, maintained, or used for purposes of compliance with the act would be a crime, and a violation of 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 would be a crime, this bill would impose a state-mandated local program by expanding the scope of a crime. | |
| 40 | 39 | ||
| 41 | 40 | 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. | |
| 42 | 41 | ||
| 43 | 42 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 44 | 43 | ||
| 45 | - | (1)Existing law prohibits a person from using 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 when necessary for the repair of leaded joints of cast iron pipes. | |
| 46 | - | ||
| 47 | - | ||
| 48 | - | ||
| 49 | - | This bill would require a community water system to replace or remove all lead service lines, as defined, that the community water system owns, in its service area, in their entirety. The bill would require the community water system to undertake specified mitigation best practices, including providing written notice to the owner and residents of all buildings and units served by the line, as specified, before commencing the replacement, removal, or disturbance, as defined. The bill would require the community water system to replace or remove the entire service line, when replacing or removing a lead service line, within 30 days of the start of construction, unless the community water system does not own the entire service line, as specified. The bill would prohibit a person or community water system from performing a partial lead service line replacement. The bill would also require the community water system to conduct tap water tests before and after the replacement, removal, or disturbance. The bill would require the community water system to create an inventory of known and unknown lead service lines in use in its distribution system. The bill would also require the community water system to provide an inventory, timeline, and lead exposure prevention plan to the State Water Resources Control Board (state board) on or before June 1, 2023. The bill would require the community water system to update the plan, as specified. The bill would also require the state board to review a newly created inventory, timeline, and lead exposure prevention plan, and would authorize the state board to approve it if the state board determines that it meets the requirements of the bill. The bill would require that each approved inventory, timeline, and lead exposure prevention plan be made available to the public and placed on the state boards internet website on or before August 1, 2023. The bill would also require the state board to use some of the funds received from a specified federal act, to the extent permitted, for grants to community water systems for the purpose of funding the removal or replacement of lead service lines that are not owned by the community water system but are owned by customers within the jurisdiction of the community water system. The bill would additionally authorize the state board to authorize a community water system to use those funds, to the extent permitted, for other required activities related to the removal or replacement of customer-owned lead service lines. | |
| 50 | - | ||
| 51 | - | ||
| 52 | - | ||
| 53 | - | (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 subject to a fine and misdemeanor penalties, or both. | |
| 54 | - | ||
| 55 | - | ||
| 56 | - | ||
| 57 | - | This bill would specifically authorize the state board to apply and enforce these provisions relating to the removal, replacement, or disturbance of a lead service line or a lead status unknown service line against community water systems under the California Safe Drinking Water Act and would make a violation of those provisions a violation for purposes of the act. Because knowingly making a false statement or representation in the notice required pursuant to the above-described provisions or in the inventory, timeline, and lead exposure prevention plan, submitted, maintained, or used for purposes of compliance with the act would be a crime, and a violation of 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 would be a crime, this bill would impose a state-mandated local program by expanding the scope of a crime. | |
| 58 | - | ||
| 59 | - | ||
| 60 | - | ||
| 61 | - | 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. | |
| 62 | - | ||
| 63 | - | ||
| 64 | - | ||
| 65 | - | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 66 | - | ||
| 67 | - | ||
| 68 | - | ||
| 69 | 44 | ## Digest Key | |
| 70 | 45 | ||
| 71 | 46 | ## Bill Text | |
| 72 | 47 | ||
| 73 | - | The people of the State of California do enact as follows:SECTION 1. Section 116891 is added to the Health and Safety Code, to read:116891. (a) For purposes of this section, the following definitions apply:(1) | |
| 48 | + | The people of the State of California do enact as follows:SECTION 1. Section 116891 is added to the Health and Safety Code, to read:116891. (a) For purposes of this section, the following definitions apply:(1) A disturbance occurs anytime the water to a lead service line, as defined in paragraph (2), or lead status unknown service line, is shut off or bypassed, such as when operating a valve on a service line or meter setter. This includes the replacement or removal of an inline water meter, a water meter setter, a gooseneck, pigtail, or connector, or a lead service line or lead status unknown service line.(2) A lead service line means a service line made of any of the following:(A) A lead pipe.(B) A lead pigtail, lead gooseneck, or other lead fitting or connector that is connected to the service line.(C) A galvanized service line that is, was, or was likely connected to a lead pipe, lead pigtail, lead gooseneck, or other lead fitting or connector.(3) A service line means the piping, tubing, connectors, and necessary appurtenances acting as a conduit from the water main or source of potable water supply to the building plumbing at the first shut-off valve inside the building, or 18 inches inside the building, whichever is shorter.(4) Partial lead service line replacement means the replacement or removal of only a portion, or part, of a lead service line as defined in paragraph (2).(b) A community water system shall replace or remove all lead service lines that the community water system owns, in its service area, subject to the notice and consent provisions in paragraph (3) of subdivision (c). (c) A community water system shall replace or remove all individual lead service lines that the community water system owns, in their entirety. (1) When replacing or removing a lead service line, the community water system shall replace or remove the entire service line within 30 days of the start of construction. This requirement only applies to the part of the lead service line that the community water system owns. (2) When a community water system does not own the entire service line, the community water system shall notify the owner of the line, or the owners authorized agent, that their part of the line contains lead and should be replaced. The community water system shall assist the property owner in identifying any available state or federal funding to help the property owner pay for this replacement, and shall replace the portion of the service line that the community water system owns. This notice shall be provided to the owner, or the owners authorized agent, and to the resident, if the resident is not the same person as the owner or owners agent, as soon as the utility identifies a lead service line or likely lead service line, and at least 90 days before the start of construction. When complying with this notification requirement, the community water system shall contact the owner or resident at least four times, and shall use a combination of mailings, telephone calls, or door knocking. Community water systems are strongly encouraged to work with or contract with community-based organizations to contact residents.(3) The community water system shall provide residents with the filters required in subdivision (g) once every three months until the full lead service line is replaced and the community water system complies with subdivision (e). (d) A person or community water system shall not perform a partial lead service line replacement.(e) Before commencing a lead service line replacement, removal, or disturbance, the community water system shall undertake the following mitigation best practices:(1) At least 90 days before commencing the replacement, removal, or disturbance, the community water system shall provide written notice to the owner and residents of all buildings and units served by the line. The notice shall explain the following:(A) A lead service line replacement is scheduled and when it is scheduled to occur.(B) The owner or residents may experience an increase of lead levels in their drinking water.(2) The notice shall also provide guidance on measures consumers can take to minimize their exposure to lead and shall include the following statement: Exposure to lead in drinking water can cause serious health effects in all age groups. Infants and children can have decreases in their intelligence quotients and attention spans. Lead exposure can lead to new learning and behavior problems or exacerbate existing learning and behavior problems. The children of women who are exposed to lead before or during pregnancy can have increased risk of these adverse health effects. Adults can have increased risk of heart disease, high blood pressure, and kidney or nervous system problems.(3) Owners and residents shall be notified in compliance with paragraphs (1) and (2) at least four times. (4) Before commencing the replacement, removal, or disturbance, and in compliance with subdivision (g), the community water system shall deliver to each affected building, unit, or kitchen area filters and replacement cartridges that are certified by an accredited third-party certification body to NSF/ANSI 53 and NSF/ANSI 42 standards for the reduction of lead and particulate. The community water system shall provide filter replacement cartridges sufficient to provide filtered water to the consumer, kitchen, or household for 18 months after construction is completed. (5) Prior to the replacement, removal, or disturbance of a lead service line, the community water system shall conduct at least one tap water test at each affected building, unit, or kitchen area. Each test shall be composed of three water samples.(6) After the replacement, removal, or disturbance, the community water system shall conduct, or have the resident conduct, at least four followup tap water tests on the following schedule: one week after the activity; one month after the activity; three months after the activity; and six months after the activity. These tests shall continue at three-month intervals until any detected lead is below one ppb, or no more than one microgram of lead per 250 milliliter milliliters of water. If the resident conducts the followup tests, the community water system shall provide thorough instructions to the resident, and shall pay for the costs to deliver the sample to the laboratory and for the laboratory to test the sample. These tests shall be analyzed by a laboratory that has accreditation or certification for drinking water pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101. The community water system shall provide sample test results to the consumer and to the state board within five business days of receipt. The state board shall make these results available to the public on its internet website within 15 business days of receipt. The community water system shall make the sample results publicly available on its internet website within 15 days of receipt.(f) (1) Notwithstanding Section 116885, a community water system shall create an inventory of known and unknown lead service lines in use in its distribution system. A community water system shall also identify areas that have or may have lead service lines in use in its distribution system, and shall create a timeline for replacement or removal of the known and unknown lead service lines for the service lines that the community water system owns. This inventory shall identify any partial replacements conducted by the community water system within the last 10 years, and shall include a description and demonstration of how the community water system plans to ensure that the public and consumers are protected from lead exposure resulting from any lead service line disturbance that has already, or will, occur.(2) If, prior to the completion of the inventory required by paragraph (1), a community water system identifies or is otherwise aware of residences or buildings located in areas identified as having been serviced by, likely having been serviced by, or likely being serviced by, lead service lines, the system shall provide those residences or buildings with filters in accordance with this subdivision and subdivisions (e) and (h). (A) Community water systems shall provide required filters to residents within five business days of identifying a residence or building that has been serviced by, was likely serviced by, or is likely being serviced by, lead service lines. (B) If a community water system identifies, or is otherwise aware of, a lead service line that has already been removed in its entirety, the community water system shall provide notice, filters, and tap water testing in compliance with subdivisions (e) and (h). (g) Residences and buildings located in areas identified as having, likely having been serviced by, or likely being serviced by, lead service lines shall immediately be provided with filters, and replacement cartridges that are certified by an accredited third-party certification body to NSF/ANSI 53 and NSF/ANSI 42 standards for the reduction of lead and particulate. The community water system shall provide replacement filter cartridges to residences and buildings in compliance with the filter manufacturers instructions, and once every three months until the full lead service line is replaced and the community water system complies with subdivision (e). (h) The community water system shall provide replacement filter cartridges per the manufacturers instructions.(i) A community water system shall provide the newly created inventory, timeline, and lead exposure prevention plan created pursuant to this section to the state board by June 1, 2023.(j) The state board shall review the newly created inventory, timeline, and lead exposure prevention plan, and shall require the community water system to revise the inventory, timeline, or lead exposure preventing plan in order to ensure that the lead service lines are removed within five years, and in a manner that protects consumers and the public from lead exposure.(k) If the state board determines that an inventory, timeline, and lead exposure prevention plan meets the requirements of this section, the state board may approve the inventory, timeline, and lead exposure prevention plan. (l) Each approved inventory, timeline, and lead exposure prevention plan shall be made available to the public and placed on the state boards internet website on or before August 1, 2023.(m) A community water system shall regularly update its lead service line inventory, timeline, and lead exposure prevention plan to reflect any lead service line removal or replacements.(n) A community water system shall update its inventory, timeline, and lead exposure prevention plan created pursuant to this section within 15 days of encountering a lead service line or a service line of unknown material that was previously incorrectly reported as a service line that was not a lead service line. (o) An inventory, timeline, or lead exposure prevention plan required by this section is not subject to the state board approval process established by subdivision (c) of Section 116885.(p) The state board may apply the requirements of this section to, and enforce the requirements of these provisions against, community water systems pursuant to 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 this section by a public water system is a violation of Chapter 4 (commencing with Section 116270).(q) The state board, when receiving funds under the federal Infrastructure Investment and Jobs Act (Public Law 117-58) for replacing or removing lead service lines, shall use some of the funds as grants to community water systems for the purpose of funding the removal or replacement of lead service lines that are not owned by the community water system, but are owned by customers within the jurisdiction of the community water system, to the extent permitted by federal law. Subject to Public Law 117-58, and to the extent otherwise permitted by federal law, the state board may additionally authorize a community water system to use those funds for other required activities related to the removal or replacement of customer-owned lead service lines, such as to provide customers whose property is connected to a lead service line with water filters.SEC. 2. 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. | |
| 74 | 49 | ||
| 75 | 50 | The people of the State of California do enact as follows: | |
| 76 | 51 | ||
| 77 | 52 | ## The people of the State of California do enact as follows: | |
| 78 | 53 | ||
| 79 | - | SECTION 1. Section 116891 is added to the Health and Safety Code, to read:116891. (a) For purposes of this section, the following definitions apply:(1) | |
| 54 | + | SECTION 1. Section 116891 is added to the Health and Safety Code, to read:116891. (a) For purposes of this section, the following definitions apply:(1) A disturbance occurs anytime the water to a lead service line, as defined in paragraph (2), or lead status unknown service line, is shut off or bypassed, such as when operating a valve on a service line or meter setter. This includes the replacement or removal of an inline water meter, a water meter setter, a gooseneck, pigtail, or connector, or a lead service line or lead status unknown service line.(2) A lead service line means a service line made of any of the following:(A) A lead pipe.(B) A lead pigtail, lead gooseneck, or other lead fitting or connector that is connected to the service line.(C) A galvanized service line that is, was, or was likely connected to a lead pipe, lead pigtail, lead gooseneck, or other lead fitting or connector.(3) A service line means the piping, tubing, connectors, and necessary appurtenances acting as a conduit from the water main or source of potable water supply to the building plumbing at the first shut-off valve inside the building, or 18 inches inside the building, whichever is shorter.(4) Partial lead service line replacement means the replacement or removal of only a portion, or part, of a lead service line as defined in paragraph (2).(b) A community water system shall replace or remove all lead service lines that the community water system owns, in its service area, subject to the notice and consent provisions in paragraph (3) of subdivision (c). (c) A community water system shall replace or remove all individual lead service lines that the community water system owns, in their entirety. (1) When replacing or removing a lead service line, the community water system shall replace or remove the entire service line within 30 days of the start of construction. This requirement only applies to the part of the lead service line that the community water system owns. (2) When a community water system does not own the entire service line, the community water system shall notify the owner of the line, or the owners authorized agent, that their part of the line contains lead and should be replaced. The community water system shall assist the property owner in identifying any available state or federal funding to help the property owner pay for this replacement, and shall replace the portion of the service line that the community water system owns. This notice shall be provided to the owner, or the owners authorized agent, and to the resident, if the resident is not the same person as the owner or owners agent, as soon as the utility identifies a lead service line or likely lead service line, and at least 90 days before the start of construction. When complying with this notification requirement, the community water system shall contact the owner or resident at least four times, and shall use a combination of mailings, telephone calls, or door knocking. Community water systems are strongly encouraged to work with or contract with community-based organizations to contact residents.(3) The community water system shall provide residents with the filters required in subdivision (g) once every three months until the full lead service line is replaced and the community water system complies with subdivision (e). (d) A person or community water system shall not perform a partial lead service line replacement.(e) Before commencing a lead service line replacement, removal, or disturbance, the community water system shall undertake the following mitigation best practices:(1) At least 90 days before commencing the replacement, removal, or disturbance, the community water system shall provide written notice to the owner and residents of all buildings and units served by the line. The notice shall explain the following:(A) A lead service line replacement is scheduled and when it is scheduled to occur.(B) The owner or residents may experience an increase of lead levels in their drinking water.(2) The notice shall also provide guidance on measures consumers can take to minimize their exposure to lead and shall include the following statement: Exposure to lead in drinking water can cause serious health effects in all age groups. Infants and children can have decreases in their intelligence quotients and attention spans. Lead exposure can lead to new learning and behavior problems or exacerbate existing learning and behavior problems. The children of women who are exposed to lead before or during pregnancy can have increased risk of these adverse health effects. Adults can have increased risk of heart disease, high blood pressure, and kidney or nervous system problems.(3) Owners and residents shall be notified in compliance with paragraphs (1) and (2) at least four times. (4) Before commencing the replacement, removal, or disturbance, and in compliance with subdivision (g), the community water system shall deliver to each affected building, unit, or kitchen area filters and replacement cartridges that are certified by an accredited third-party certification body to NSF/ANSI 53 and NSF/ANSI 42 standards for the reduction of lead and particulate. The community water system shall provide filter replacement cartridges sufficient to provide filtered water to the consumer, kitchen, or household for 18 months after construction is completed. (5) Prior to the replacement, removal, or disturbance of a lead service line, the community water system shall conduct at least one tap water test at each affected building, unit, or kitchen area. Each test shall be composed of three water samples.(6) After the replacement, removal, or disturbance, the community water system shall conduct, or have the resident conduct, at least four followup tap water tests on the following schedule: one week after the activity; one month after the activity; three months after the activity; and six months after the activity. These tests shall continue at three-month intervals until any detected lead is below one ppb, or no more than one microgram of lead per 250 milliliter milliliters of water. If the resident conducts the followup tests, the community water system shall provide thorough instructions to the resident, and shall pay for the costs to deliver the sample to the laboratory and for the laboratory to test the sample. These tests shall be analyzed by a laboratory that has accreditation or certification for drinking water pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101. The community water system shall provide sample test results to the consumer and to the state board within five business days of receipt. The state board shall make these results available to the public on its internet website within 15 business days of receipt. The community water system shall make the sample results publicly available on its internet website within 15 days of receipt.(f) (1) Notwithstanding Section 116885, a community water system shall create an inventory of known and unknown lead service lines in use in its distribution system. A community water system shall also identify areas that have or may have lead service lines in use in its distribution system, and shall create a timeline for replacement or removal of the known and unknown lead service lines for the service lines that the community water system owns. This inventory shall identify any partial replacements conducted by the community water system within the last 10 years, and shall include a description and demonstration of how the community water system plans to ensure that the public and consumers are protected from lead exposure resulting from any lead service line disturbance that has already, or will, occur.(2) If, prior to the completion of the inventory required by paragraph (1), a community water system identifies or is otherwise aware of residences or buildings located in areas identified as having been serviced by, likely having been serviced by, or likely being serviced by, lead service lines, the system shall provide those residences or buildings with filters in accordance with this subdivision and subdivisions (e) and (h). (A) Community water systems shall provide required filters to residents within five business days of identifying a residence or building that has been serviced by, was likely serviced by, or is likely being serviced by, lead service lines. (B) If a community water system identifies, or is otherwise aware of, a lead service line that has already been removed in its entirety, the community water system shall provide notice, filters, and tap water testing in compliance with subdivisions (e) and (h). (g) Residences and buildings located in areas identified as having, likely having been serviced by, or likely being serviced by, lead service lines shall immediately be provided with filters, and replacement cartridges that are certified by an accredited third-party certification body to NSF/ANSI 53 and NSF/ANSI 42 standards for the reduction of lead and particulate. The community water system shall provide replacement filter cartridges to residences and buildings in compliance with the filter manufacturers instructions, and once every three months until the full lead service line is replaced and the community water system complies with subdivision (e). (h) The community water system shall provide replacement filter cartridges per the manufacturers instructions.(i) A community water system shall provide the newly created inventory, timeline, and lead exposure prevention plan created pursuant to this section to the state board by June 1, 2023.(j) The state board shall review the newly created inventory, timeline, and lead exposure prevention plan, and shall require the community water system to revise the inventory, timeline, or lead exposure preventing plan in order to ensure that the lead service lines are removed within five years, and in a manner that protects consumers and the public from lead exposure.(k) If the state board determines that an inventory, timeline, and lead exposure prevention plan meets the requirements of this section, the state board may approve the inventory, timeline, and lead exposure prevention plan. (l) Each approved inventory, timeline, and lead exposure prevention plan shall be made available to the public and placed on the state boards internet website on or before August 1, 2023.(m) A community water system shall regularly update its lead service line inventory, timeline, and lead exposure prevention plan to reflect any lead service line removal or replacements.(n) A community water system shall update its inventory, timeline, and lead exposure prevention plan created pursuant to this section within 15 days of encountering a lead service line or a service line of unknown material that was previously incorrectly reported as a service line that was not a lead service line. (o) An inventory, timeline, or lead exposure prevention plan required by this section is not subject to the state board approval process established by subdivision (c) of Section 116885.(p) The state board may apply the requirements of this section to, and enforce the requirements of these provisions against, community water systems pursuant to 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 this section by a public water system is a violation of Chapter 4 (commencing with Section 116270).(q) The state board, when receiving funds under the federal Infrastructure Investment and Jobs Act (Public Law 117-58) for replacing or removing lead service lines, shall use some of the funds as grants to community water systems for the purpose of funding the removal or replacement of lead service lines that are not owned by the community water system, but are owned by customers within the jurisdiction of the community water system, to the extent permitted by federal law. Subject to Public Law 117-58, and to the extent otherwise permitted by federal law, the state board may additionally authorize a community water system to use those funds for other required activities related to the removal or replacement of customer-owned lead service lines, such as to provide customers whose property is connected to a lead service line with water filters. | |
| 80 | 55 | ||
| 81 | 56 | SECTION 1. Section 116891 is added to the Health and Safety Code, to read: | |
| 82 | 57 | ||
| 83 | 58 | ### SECTION 1. | |
| 84 | 59 | ||
| 85 | - | 116891. (a) For purposes of this section, the following definitions apply:(1) | |
| 60 | + | 116891. (a) For purposes of this section, the following definitions apply:(1) A disturbance occurs anytime the water to a lead service line, as defined in paragraph (2), or lead status unknown service line, is shut off or bypassed, such as when operating a valve on a service line or meter setter. This includes the replacement or removal of an inline water meter, a water meter setter, a gooseneck, pigtail, or connector, or a lead service line or lead status unknown service line.(2) A lead service line means a service line made of any of the following:(A) A lead pipe.(B) A lead pigtail, lead gooseneck, or other lead fitting or connector that is connected to the service line.(C) A galvanized service line that is, was, or was likely connected to a lead pipe, lead pigtail, lead gooseneck, or other lead fitting or connector.(3) A service line means the piping, tubing, connectors, and necessary appurtenances acting as a conduit from the water main or source of potable water supply to the building plumbing at the first shut-off valve inside the building, or 18 inches inside the building, whichever is shorter.(4) Partial lead service line replacement means the replacement or removal of only a portion, or part, of a lead service line as defined in paragraph (2).(b) A community water system shall replace or remove all lead service lines that the community water system owns, in its service area, subject to the notice and consent provisions in paragraph (3) of subdivision (c). (c) A community water system shall replace or remove all individual lead service lines that the community water system owns, in their entirety. (1) When replacing or removing a lead service line, the community water system shall replace or remove the entire service line within 30 days of the start of construction. This requirement only applies to the part of the lead service line that the community water system owns. (2) When a community water system does not own the entire service line, the community water system shall notify the owner of the line, or the owners authorized agent, that their part of the line contains lead and should be replaced. The community water system shall assist the property owner in identifying any available state or federal funding to help the property owner pay for this replacement, and shall replace the portion of the service line that the community water system owns. This notice shall be provided to the owner, or the owners authorized agent, and to the resident, if the resident is not the same person as the owner or owners agent, as soon as the utility identifies a lead service line or likely lead service line, and at least 90 days before the start of construction. When complying with this notification requirement, the community water system shall contact the owner or resident at least four times, and shall use a combination of mailings, telephone calls, or door knocking. Community water systems are strongly encouraged to work with or contract with community-based organizations to contact residents.(3) The community water system shall provide residents with the filters required in subdivision (g) once every three months until the full lead service line is replaced and the community water system complies with subdivision (e). (d) A person or community water system shall not perform a partial lead service line replacement.(e) Before commencing a lead service line replacement, removal, or disturbance, the community water system shall undertake the following mitigation best practices:(1) At least 90 days before commencing the replacement, removal, or disturbance, the community water system shall provide written notice to the owner and residents of all buildings and units served by the line. The notice shall explain the following:(A) A lead service line replacement is scheduled and when it is scheduled to occur.(B) The owner or residents may experience an increase of lead levels in their drinking water.(2) The notice shall also provide guidance on measures consumers can take to minimize their exposure to lead and shall include the following statement: Exposure to lead in drinking water can cause serious health effects in all age groups. Infants and children can have decreases in their intelligence quotients and attention spans. Lead exposure can lead to new learning and behavior problems or exacerbate existing learning and behavior problems. The children of women who are exposed to lead before or during pregnancy can have increased risk of these adverse health effects. Adults can have increased risk of heart disease, high blood pressure, and kidney or nervous system problems.(3) Owners and residents shall be notified in compliance with paragraphs (1) and (2) at least four times. (4) Before commencing the replacement, removal, or disturbance, and in compliance with subdivision (g), the community water system shall deliver to each affected building, unit, or kitchen area filters and replacement cartridges that are certified by an accredited third-party certification body to NSF/ANSI 53 and NSF/ANSI 42 standards for the reduction of lead and particulate. The community water system shall provide filter replacement cartridges sufficient to provide filtered water to the consumer, kitchen, or household for 18 months after construction is completed. (5) Prior to the replacement, removal, or disturbance of a lead service line, the community water system shall conduct at least one tap water test at each affected building, unit, or kitchen area. Each test shall be composed of three water samples.(6) After the replacement, removal, or disturbance, the community water system shall conduct, or have the resident conduct, at least four followup tap water tests on the following schedule: one week after the activity; one month after the activity; three months after the activity; and six months after the activity. These tests shall continue at three-month intervals until any detected lead is below one ppb, or no more than one microgram of lead per 250 milliliter milliliters of water. If the resident conducts the followup tests, the community water system shall provide thorough instructions to the resident, and shall pay for the costs to deliver the sample to the laboratory and for the laboratory to test the sample. These tests shall be analyzed by a laboratory that has accreditation or certification for drinking water pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101. The community water system shall provide sample test results to the consumer and to the state board within five business days of receipt. The state board shall make these results available to the public on its internet website within 15 business days of receipt. The community water system shall make the sample results publicly available on its internet website within 15 days of receipt.(f) (1) Notwithstanding Section 116885, a community water system shall create an inventory of known and unknown lead service lines in use in its distribution system. A community water system shall also identify areas that have or may have lead service lines in use in its distribution system, and shall create a timeline for replacement or removal of the known and unknown lead service lines for the service lines that the community water system owns. This inventory shall identify any partial replacements conducted by the community water system within the last 10 years, and shall include a description and demonstration of how the community water system plans to ensure that the public and consumers are protected from lead exposure resulting from any lead service line disturbance that has already, or will, occur.(2) If, prior to the completion of the inventory required by paragraph (1), a community water system identifies or is otherwise aware of residences or buildings located in areas identified as having been serviced by, likely having been serviced by, or likely being serviced by, lead service lines, the system shall provide those residences or buildings with filters in accordance with this subdivision and subdivisions (e) and (h). (A) Community water systems shall provide required filters to residents within five business days of identifying a residence or building that has been serviced by, was likely serviced by, or is likely being serviced by, lead service lines. (B) If a community water system identifies, or is otherwise aware of, a lead service line that has already been removed in its entirety, the community water system shall provide notice, filters, and tap water testing in compliance with subdivisions (e) and (h). (g) Residences and buildings located in areas identified as having, likely having been serviced by, or likely being serviced by, lead service lines shall immediately be provided with filters, and replacement cartridges that are certified by an accredited third-party certification body to NSF/ANSI 53 and NSF/ANSI 42 standards for the reduction of lead and particulate. The community water system shall provide replacement filter cartridges to residences and buildings in compliance with the filter manufacturers instructions, and once every three months until the full lead service line is replaced and the community water system complies with subdivision (e). (h) The community water system shall provide replacement filter cartridges per the manufacturers instructions.(i) A community water system shall provide the newly created inventory, timeline, and lead exposure prevention plan created pursuant to this section to the state board by June 1, 2023.(j) The state board shall review the newly created inventory, timeline, and lead exposure prevention plan, and shall require the community water system to revise the inventory, timeline, or lead exposure preventing plan in order to ensure that the lead service lines are removed within five years, and in a manner that protects consumers and the public from lead exposure.(k) If the state board determines that an inventory, timeline, and lead exposure prevention plan meets the requirements of this section, the state board may approve the inventory, timeline, and lead exposure prevention plan. (l) Each approved inventory, timeline, and lead exposure prevention plan shall be made available to the public and placed on the state boards internet website on or before August 1, 2023.(m) A community water system shall regularly update its lead service line inventory, timeline, and lead exposure prevention plan to reflect any lead service line removal or replacements.(n) A community water system shall update its inventory, timeline, and lead exposure prevention plan created pursuant to this section within 15 days of encountering a lead service line or a service line of unknown material that was previously incorrectly reported as a service line that was not a lead service line. (o) An inventory, timeline, or lead exposure prevention plan required by this section is not subject to the state board approval process established by subdivision (c) of Section 116885.(p) The state board may apply the requirements of this section to, and enforce the requirements of these provisions against, community water systems pursuant to 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 this section by a public water system is a violation of Chapter 4 (commencing with Section 116270).(q) The state board, when receiving funds under the federal Infrastructure Investment and Jobs Act (Public Law 117-58) for replacing or removing lead service lines, shall use some of the funds as grants to community water systems for the purpose of funding the removal or replacement of lead service lines that are not owned by the community water system, but are owned by customers within the jurisdiction of the community water system, to the extent permitted by federal law. Subject to Public Law 117-58, and to the extent otherwise permitted by federal law, the state board may additionally authorize a community water system to use those funds for other required activities related to the removal or replacement of customer-owned lead service lines, such as to provide customers whose property is connected to a lead service line with water filters. | |
| 86 | 61 | ||
| 87 | - | 116891. (a) For purposes of this section, the following definitions apply:(1) | |
| 62 | + | 116891. (a) For purposes of this section, the following definitions apply:(1) A disturbance occurs anytime the water to a lead service line, as defined in paragraph (2), or lead status unknown service line, is shut off or bypassed, such as when operating a valve on a service line or meter setter. This includes the replacement or removal of an inline water meter, a water meter setter, a gooseneck, pigtail, or connector, or a lead service line or lead status unknown service line.(2) A lead service line means a service line made of any of the following:(A) A lead pipe.(B) A lead pigtail, lead gooseneck, or other lead fitting or connector that is connected to the service line.(C) A galvanized service line that is, was, or was likely connected to a lead pipe, lead pigtail, lead gooseneck, or other lead fitting or connector.(3) A service line means the piping, tubing, connectors, and necessary appurtenances acting as a conduit from the water main or source of potable water supply to the building plumbing at the first shut-off valve inside the building, or 18 inches inside the building, whichever is shorter.(4) Partial lead service line replacement means the replacement or removal of only a portion, or part, of a lead service line as defined in paragraph (2).(b) A community water system shall replace or remove all lead service lines that the community water system owns, in its service area, subject to the notice and consent provisions in paragraph (3) of subdivision (c). (c) A community water system shall replace or remove all individual lead service lines that the community water system owns, in their entirety. (1) When replacing or removing a lead service line, the community water system shall replace or remove the entire service line within 30 days of the start of construction. This requirement only applies to the part of the lead service line that the community water system owns. (2) When a community water system does not own the entire service line, the community water system shall notify the owner of the line, or the owners authorized agent, that their part of the line contains lead and should be replaced. The community water system shall assist the property owner in identifying any available state or federal funding to help the property owner pay for this replacement, and shall replace the portion of the service line that the community water system owns. This notice shall be provided to the owner, or the owners authorized agent, and to the resident, if the resident is not the same person as the owner or owners agent, as soon as the utility identifies a lead service line or likely lead service line, and at least 90 days before the start of construction. When complying with this notification requirement, the community water system shall contact the owner or resident at least four times, and shall use a combination of mailings, telephone calls, or door knocking. Community water systems are strongly encouraged to work with or contract with community-based organizations to contact residents.(3) The community water system shall provide residents with the filters required in subdivision (g) once every three months until the full lead service line is replaced and the community water system complies with subdivision (e). (d) A person or community water system shall not perform a partial lead service line replacement.(e) Before commencing a lead service line replacement, removal, or disturbance, the community water system shall undertake the following mitigation best practices:(1) At least 90 days before commencing the replacement, removal, or disturbance, the community water system shall provide written notice to the owner and residents of all buildings and units served by the line. The notice shall explain the following:(A) A lead service line replacement is scheduled and when it is scheduled to occur.(B) The owner or residents may experience an increase of lead levels in their drinking water.(2) The notice shall also provide guidance on measures consumers can take to minimize their exposure to lead and shall include the following statement: Exposure to lead in drinking water can cause serious health effects in all age groups. Infants and children can have decreases in their intelligence quotients and attention spans. Lead exposure can lead to new learning and behavior problems or exacerbate existing learning and behavior problems. The children of women who are exposed to lead before or during pregnancy can have increased risk of these adverse health effects. Adults can have increased risk of heart disease, high blood pressure, and kidney or nervous system problems.(3) Owners and residents shall be notified in compliance with paragraphs (1) and (2) at least four times. (4) Before commencing the replacement, removal, or disturbance, and in compliance with subdivision (g), the community water system shall deliver to each affected building, unit, or kitchen area filters and replacement cartridges that are certified by an accredited third-party certification body to NSF/ANSI 53 and NSF/ANSI 42 standards for the reduction of lead and particulate. The community water system shall provide filter replacement cartridges sufficient to provide filtered water to the consumer, kitchen, or household for 18 months after construction is completed. (5) Prior to the replacement, removal, or disturbance of a lead service line, the community water system shall conduct at least one tap water test at each affected building, unit, or kitchen area. Each test shall be composed of three water samples.(6) After the replacement, removal, or disturbance, the community water system shall conduct, or have the resident conduct, at least four followup tap water tests on the following schedule: one week after the activity; one month after the activity; three months after the activity; and six months after the activity. These tests shall continue at three-month intervals until any detected lead is below one ppb, or no more than one microgram of lead per 250 milliliter milliliters of water. If the resident conducts the followup tests, the community water system shall provide thorough instructions to the resident, and shall pay for the costs to deliver the sample to the laboratory and for the laboratory to test the sample. These tests shall be analyzed by a laboratory that has accreditation or certification for drinking water pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101. The community water system shall provide sample test results to the consumer and to the state board within five business days of receipt. The state board shall make these results available to the public on its internet website within 15 business days of receipt. The community water system shall make the sample results publicly available on its internet website within 15 days of receipt.(f) (1) Notwithstanding Section 116885, a community water system shall create an inventory of known and unknown lead service lines in use in its distribution system. A community water system shall also identify areas that have or may have lead service lines in use in its distribution system, and shall create a timeline for replacement or removal of the known and unknown lead service lines for the service lines that the community water system owns. This inventory shall identify any partial replacements conducted by the community water system within the last 10 years, and shall include a description and demonstration of how the community water system plans to ensure that the public and consumers are protected from lead exposure resulting from any lead service line disturbance that has already, or will, occur.(2) If, prior to the completion of the inventory required by paragraph (1), a community water system identifies or is otherwise aware of residences or buildings located in areas identified as having been serviced by, likely having been serviced by, or likely being serviced by, lead service lines, the system shall provide those residences or buildings with filters in accordance with this subdivision and subdivisions (e) and (h). (A) Community water systems shall provide required filters to residents within five business days of identifying a residence or building that has been serviced by, was likely serviced by, or is likely being serviced by, lead service lines. (B) If a community water system identifies, or is otherwise aware of, a lead service line that has already been removed in its entirety, the community water system shall provide notice, filters, and tap water testing in compliance with subdivisions (e) and (h). (g) Residences and buildings located in areas identified as having, likely having been serviced by, or likely being serviced by, lead service lines shall immediately be provided with filters, and replacement cartridges that are certified by an accredited third-party certification body to NSF/ANSI 53 and NSF/ANSI 42 standards for the reduction of lead and particulate. The community water system shall provide replacement filter cartridges to residences and buildings in compliance with the filter manufacturers instructions, and once every three months until the full lead service line is replaced and the community water system complies with subdivision (e). (h) The community water system shall provide replacement filter cartridges per the manufacturers instructions.(i) A community water system shall provide the newly created inventory, timeline, and lead exposure prevention plan created pursuant to this section to the state board by June 1, 2023.(j) The state board shall review the newly created inventory, timeline, and lead exposure prevention plan, and shall require the community water system to revise the inventory, timeline, or lead exposure preventing plan in order to ensure that the lead service lines are removed within five years, and in a manner that protects consumers and the public from lead exposure.(k) If the state board determines that an inventory, timeline, and lead exposure prevention plan meets the requirements of this section, the state board may approve the inventory, timeline, and lead exposure prevention plan. (l) Each approved inventory, timeline, and lead exposure prevention plan shall be made available to the public and placed on the state boards internet website on or before August 1, 2023.(m) A community water system shall regularly update its lead service line inventory, timeline, and lead exposure prevention plan to reflect any lead service line removal or replacements.(n) A community water system shall update its inventory, timeline, and lead exposure prevention plan created pursuant to this section within 15 days of encountering a lead service line or a service line of unknown material that was previously incorrectly reported as a service line that was not a lead service line. (o) An inventory, timeline, or lead exposure prevention plan required by this section is not subject to the state board approval process established by subdivision (c) of Section 116885.(p) The state board may apply the requirements of this section to, and enforce the requirements of these provisions against, community water systems pursuant to 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 this section by a public water system is a violation of Chapter 4 (commencing with Section 116270).(q) The state board, when receiving funds under the federal Infrastructure Investment and Jobs Act (Public Law 117-58) for replacing or removing lead service lines, shall use some of the funds as grants to community water systems for the purpose of funding the removal or replacement of lead service lines that are not owned by the community water system, but are owned by customers within the jurisdiction of the community water system, to the extent permitted by federal law. Subject to Public Law 117-58, and to the extent otherwise permitted by federal law, the state board may additionally authorize a community water system to use those funds for other required activities related to the removal or replacement of customer-owned lead service lines, such as to provide customers whose property is connected to a lead service line with water filters. | |
| 88 | 63 | ||
| 89 | - | 116891. (a) For purposes of this section, the following definitions apply:(1) | |
| 64 | + | 116891. (a) For purposes of this section, the following definitions apply:(1) A disturbance occurs anytime the water to a lead service line, as defined in paragraph (2), or lead status unknown service line, is shut off or bypassed, such as when operating a valve on a service line or meter setter. This includes the replacement or removal of an inline water meter, a water meter setter, a gooseneck, pigtail, or connector, or a lead service line or lead status unknown service line.(2) A lead service line means a service line made of any of the following:(A) A lead pipe.(B) A lead pigtail, lead gooseneck, or other lead fitting or connector that is connected to the service line.(C) A galvanized service line that is, was, or was likely connected to a lead pipe, lead pigtail, lead gooseneck, or other lead fitting or connector.(3) A service line means the piping, tubing, connectors, and necessary appurtenances acting as a conduit from the water main or source of potable water supply to the building plumbing at the first shut-off valve inside the building, or 18 inches inside the building, whichever is shorter.(4) Partial lead service line replacement means the replacement or removal of only a portion, or part, of a lead service line as defined in paragraph (2).(b) A community water system shall replace or remove all lead service lines that the community water system owns, in its service area, subject to the notice and consent provisions in paragraph (3) of subdivision (c). (c) A community water system shall replace or remove all individual lead service lines that the community water system owns, in their entirety. (1) When replacing or removing a lead service line, the community water system shall replace or remove the entire service line within 30 days of the start of construction. This requirement only applies to the part of the lead service line that the community water system owns. (2) When a community water system does not own the entire service line, the community water system shall notify the owner of the line, or the owners authorized agent, that their part of the line contains lead and should be replaced. The community water system shall assist the property owner in identifying any available state or federal funding to help the property owner pay for this replacement, and shall replace the portion of the service line that the community water system owns. This notice shall be provided to the owner, or the owners authorized agent, and to the resident, if the resident is not the same person as the owner or owners agent, as soon as the utility identifies a lead service line or likely lead service line, and at least 90 days before the start of construction. When complying with this notification requirement, the community water system shall contact the owner or resident at least four times, and shall use a combination of mailings, telephone calls, or door knocking. Community water systems are strongly encouraged to work with or contract with community-based organizations to contact residents.(3) The community water system shall provide residents with the filters required in subdivision (g) once every three months until the full lead service line is replaced and the community water system complies with subdivision (e). (d) A person or community water system shall not perform a partial lead service line replacement.(e) Before commencing a lead service line replacement, removal, or disturbance, the community water system shall undertake the following mitigation best practices:(1) At least 90 days before commencing the replacement, removal, or disturbance, the community water system shall provide written notice to the owner and residents of all buildings and units served by the line. The notice shall explain the following:(A) A lead service line replacement is scheduled and when it is scheduled to occur.(B) The owner or residents may experience an increase of lead levels in their drinking water.(2) The notice shall also provide guidance on measures consumers can take to minimize their exposure to lead and shall include the following statement: Exposure to lead in drinking water can cause serious health effects in all age groups. Infants and children can have decreases in their intelligence quotients and attention spans. Lead exposure can lead to new learning and behavior problems or exacerbate existing learning and behavior problems. The children of women who are exposed to lead before or during pregnancy can have increased risk of these adverse health effects. Adults can have increased risk of heart disease, high blood pressure, and kidney or nervous system problems.(3) Owners and residents shall be notified in compliance with paragraphs (1) and (2) at least four times. (4) Before commencing the replacement, removal, or disturbance, and in compliance with subdivision (g), the community water system shall deliver to each affected building, unit, or kitchen area filters and replacement cartridges that are certified by an accredited third-party certification body to NSF/ANSI 53 and NSF/ANSI 42 standards for the reduction of lead and particulate. The community water system shall provide filter replacement cartridges sufficient to provide filtered water to the consumer, kitchen, or household for 18 months after construction is completed. (5) Prior to the replacement, removal, or disturbance of a lead service line, the community water system shall conduct at least one tap water test at each affected building, unit, or kitchen area. Each test shall be composed of three water samples.(6) After the replacement, removal, or disturbance, the community water system shall conduct, or have the resident conduct, at least four followup tap water tests on the following schedule: one week after the activity; one month after the activity; three months after the activity; and six months after the activity. These tests shall continue at three-month intervals until any detected lead is below one ppb, or no more than one microgram of lead per 250 milliliter milliliters of water. If the resident conducts the followup tests, the community water system shall provide thorough instructions to the resident, and shall pay for the costs to deliver the sample to the laboratory and for the laboratory to test the sample. These tests shall be analyzed by a laboratory that has accreditation or certification for drinking water pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101. The community water system shall provide sample test results to the consumer and to the state board within five business days of receipt. The state board shall make these results available to the public on its internet website within 15 business days of receipt. The community water system shall make the sample results publicly available on its internet website within 15 days of receipt.(f) (1) Notwithstanding Section 116885, a community water system shall create an inventory of known and unknown lead service lines in use in its distribution system. A community water system shall also identify areas that have or may have lead service lines in use in its distribution system, and shall create a timeline for replacement or removal of the known and unknown lead service lines for the service lines that the community water system owns. This inventory shall identify any partial replacements conducted by the community water system within the last 10 years, and shall include a description and demonstration of how the community water system plans to ensure that the public and consumers are protected from lead exposure resulting from any lead service line disturbance that has already, or will, occur.(2) If, prior to the completion of the inventory required by paragraph (1), a community water system identifies or is otherwise aware of residences or buildings located in areas identified as having been serviced by, likely having been serviced by, or likely being serviced by, lead service lines, the system shall provide those residences or buildings with filters in accordance with this subdivision and subdivisions (e) and (h). (A) Community water systems shall provide required filters to residents within five business days of identifying a residence or building that has been serviced by, was likely serviced by, or is likely being serviced by, lead service lines. (B) If a community water system identifies, or is otherwise aware of, a lead service line that has already been removed in its entirety, the community water system shall provide notice, filters, and tap water testing in compliance with subdivisions (e) and (h). (g) Residences and buildings located in areas identified as having, likely having been serviced by, or likely being serviced by, lead service lines shall immediately be provided with filters, and replacement cartridges that are certified by an accredited third-party certification body to NSF/ANSI 53 and NSF/ANSI 42 standards for the reduction of lead and particulate. The community water system shall provide replacement filter cartridges to residences and buildings in compliance with the filter manufacturers instructions, and once every three months until the full lead service line is replaced and the community water system complies with subdivision (e). (h) The community water system shall provide replacement filter cartridges per the manufacturers instructions.(i) A community water system shall provide the newly created inventory, timeline, and lead exposure prevention plan created pursuant to this section to the state board by June 1, 2023.(j) The state board shall review the newly created inventory, timeline, and lead exposure prevention plan, and shall require the community water system to revise the inventory, timeline, or lead exposure preventing plan in order to ensure that the lead service lines are removed within five years, and in a manner that protects consumers and the public from lead exposure.(k) If the state board determines that an inventory, timeline, and lead exposure prevention plan meets the requirements of this section, the state board may approve the inventory, timeline, and lead exposure prevention plan. (l) Each approved inventory, timeline, and lead exposure prevention plan shall be made available to the public and placed on the state boards internet website on or before August 1, 2023.(m) A community water system shall regularly update its lead service line inventory, timeline, and lead exposure prevention plan to reflect any lead service line removal or replacements.(n) A community water system shall update its inventory, timeline, and lead exposure prevention plan created pursuant to this section within 15 days of encountering a lead service line or a service line of unknown material that was previously incorrectly reported as a service line that was not a lead service line. (o) An inventory, timeline, or lead exposure prevention plan required by this section is not subject to the state board approval process established by subdivision (c) of Section 116885.(p) The state board may apply the requirements of this section to, and enforce the requirements of these provisions against, community water systems pursuant to 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 this section by a public water system is a violation of Chapter 4 (commencing with Section 116270).(q) The state board, when receiving funds under the federal Infrastructure Investment and Jobs Act (Public Law 117-58) for replacing or removing lead service lines, shall use some of the funds as grants to community water systems for the purpose of funding the removal or replacement of lead service lines that are not owned by the community water system, but are owned by customers within the jurisdiction of the community water system, to the extent permitted by federal law. Subject to Public Law 117-58, and to the extent otherwise permitted by federal law, the state board may additionally authorize a community water system to use those funds for other required activities related to the removal or replacement of customer-owned lead service lines, such as to provide customers whose property is connected to a lead service line with water filters. | |
| 90 | 65 | ||
| 91 | 66 | ||
| 92 | 67 | ||
| 93 | 68 | 116891. (a) For purposes of this section, the following definitions apply: | |
| 94 | 69 | ||
| 95 | - | (1) | |
| 70 | + | (1) A disturbance occurs anytime the water to a lead service line, as defined in paragraph (2), or lead status unknown service line, is shut off or bypassed, such as when operating a valve on a service line or meter setter. This includes the replacement or removal of an inline water meter, a water meter setter, a gooseneck, pigtail, or connector, or a lead service line or lead status unknown service line. | |
| 96 | 71 | ||
| 97 | - | (2) | |
| 72 | + | (2) A lead service line means a service line made of any of the following: | |
| 98 | 73 | ||
| 99 | - | ( | |
| 74 | + | (A) A lead pipe. | |
| 100 | 75 | ||
| 101 | - | ( | |
| 76 | + | (B) A lead pigtail, lead gooseneck, or other lead fitting or connector that is connected to the service line. | |
| 102 | 77 | ||
| 103 | - | ( | |
| 78 | + | (C) A galvanized service line that is, was, or was likely connected to a lead pipe, lead pigtail, lead gooseneck, or other lead fitting or connector. | |
| 104 | 79 | ||
| 105 | - | ( | |
| 80 | + | (3) A service line means the piping, tubing, connectors, and necessary appurtenances acting as a conduit from the water main or source of potable water supply to the building plumbing at the first shut-off valve inside the building, or 18 inches inside the building, whichever is shorter. | |
| 106 | 81 | ||
| 107 | - | ( | |
| 82 | + | (4) Partial lead service line replacement means the replacement or removal of only a portion, or part, of a lead service line as defined in paragraph (2). | |
| 108 | 83 | ||
| 109 | - | (C) | |
| 84 | + | (b) A community water system shall replace or remove all lead service lines that the community water system owns, in its service area, subject to the notice and consent provisions in paragraph (3) of subdivision (c). | |
| 110 | 85 | ||
| 111 | - | ( | |
| 86 | + | (c) A community water system shall replace or remove all individual lead service lines that the community water system owns, in their entirety. | |
| 112 | 87 | ||
| 113 | - | ( | |
| 88 | + | (1) When replacing or removing a lead service line, the community water system shall replace or remove the entire service line within 30 days of the start of construction. This requirement only applies to the part of the lead service line that the community water system owns. | |
| 114 | 89 | ||
| 115 | - | (2) | |
| 90 | + | (2) When a community water system does not own the entire service line, the community water system shall notify the owner of the line, or the owners authorized agent, that their part of the line contains lead and should be replaced. The community water system shall assist the property owner in identifying any available state or federal funding to help the property owner pay for this replacement, and shall replace the portion of the service line that the community water system owns. This notice shall be provided to the owner, or the owners authorized agent, and to the resident, if the resident is not the same person as the owner or owners agent, as soon as the utility identifies a lead service line or likely lead service line, and at least 90 days before the start of construction. When complying with this notification requirement, the community water system shall contact the owner or resident at least four times, and shall use a combination of mailings, telephone calls, or door knocking. Community water systems are strongly encouraged to work with or contract with community-based organizations to contact residents. | |
| 116 | 91 | ||
| 117 | - | ( | |
| 92 | + | (3) The community water system shall provide residents with the filters required in subdivision (g) once every three months until the full lead service line is replaced and the community water system complies with subdivision (e). | |
| 118 | 93 | ||
| 119 | - | ( | |
| 94 | + | (d) A person or community water system shall not perform a partial lead service line replacement. | |
| 120 | 95 | ||
| 121 | - | ( | |
| 96 | + | (e) Before commencing a lead service line replacement, removal, or disturbance, the community water system shall undertake the following mitigation best practices: | |
| 122 | 97 | ||
| 123 | - | ( | |
| 98 | + | (1) At least 90 days before commencing the replacement, removal, or disturbance, the community water system shall provide written notice to the owner and residents of all buildings and units served by the line. The notice shall explain the following: | |
| 124 | 99 | ||
| 125 | - | (B) The notice described in subparagraph (A) shall provide guidance on measures customers can take to minimize their exposure to lead and shall include the following statement: | |
| 100 | + | (A) A lead service line replacement is scheduled and when it is scheduled to occur. | |
| 101 | + | ||
| 102 | + | (B) The owner or residents may experience an increase of lead levels in their drinking water. | |
| 103 | + | ||
| 104 | + | (2) The notice shall also provide guidance on measures consumers can take to minimize their exposure to lead and shall include the following statement: | |
| 126 | 105 | ||
| 127 | 106 | Exposure to lead in drinking water can cause serious health effects in all age groups. Infants and children can have decreases in their intelligence quotients and attention spans. Lead exposure can lead to new learning and behavior problems or exacerbate existing learning and behavior problems. The children of women who are exposed to lead before or during pregnancy can have increased risk of these adverse health effects. Adults can have increased risk of heart disease, high blood pressure, and kidney or nervous system problems. | |
| 128 | 107 | ||
| 129 | - | ( | |
| 108 | + | (3) Owners and residents shall be notified in compliance with paragraphs (1) and (2) at least four times. | |
| 130 | 109 | ||
| 131 | - | ( | |
| 110 | + | (4) Before commencing the replacement, removal, or disturbance, and in compliance with subdivision (g), the community water system shall deliver to each affected building, unit, or kitchen area filters and replacement cartridges that are certified by an accredited third-party certification body to NSF/ANSI 53 and NSF/ANSI 42 standards for the reduction of lead and particulate. The community water system shall provide filter replacement cartridges sufficient to provide filtered water to the consumer, kitchen, or household for 18 months after construction is completed. | |
| 132 | 111 | ||
| 133 | - | ( | |
| 112 | + | (5) Prior to the replacement, removal, or disturbance of a lead service line, the community water system shall conduct at least one tap water test at each affected building, unit, or kitchen area. Each test shall be composed of three water samples. | |
| 134 | 113 | ||
| 135 | - | ( | |
| 114 | + | (6) After the replacement, removal, or disturbance, the community water system shall conduct, or have the resident conduct, at least four followup tap water tests on the following schedule: one week after the activity; one month after the activity; three months after the activity; and six months after the activity. These tests shall continue at three-month intervals until any detected lead is below one ppb, or no more than one microgram of lead per 250 milliliter milliliters of water. If the resident conducts the followup tests, the community water system shall provide thorough instructions to the resident, and shall pay for the costs to deliver the sample to the laboratory and for the laboratory to test the sample. These tests shall be analyzed by a laboratory that has accreditation or certification for drinking water pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101. The community water system shall provide sample test results to the consumer and to the state board within five business days of receipt. The state board shall make these results available to the public on its internet website within 15 business days of receipt. The community water system shall make the sample results publicly available on its internet website within 15 days of receipt. | |
| 136 | 115 | ||
| 137 | - | (1) | |
| 116 | + | (f) (1) Notwithstanding Section 116885, a community water system shall create an inventory of known and unknown lead service lines in use in its distribution system. A community water system shall also identify areas that have or may have lead service lines in use in its distribution system, and shall create a timeline for replacement or removal of the known and unknown lead service lines for the service lines that the community water system owns. This inventory shall identify any partial replacements conducted by the community water system within the last 10 years, and shall include a description and demonstration of how the community water system plans to ensure that the public and consumers are protected from lead exposure resulting from any lead service line disturbance that has already, or will, occur. | |
| 138 | 117 | ||
| 139 | - | (2) | |
| 118 | + | (2) If, prior to the completion of the inventory required by paragraph (1), a community water system identifies or is otherwise aware of residences or buildings located in areas identified as having been serviced by, likely having been serviced by, or likely being serviced by, lead service lines, the system shall provide those residences or buildings with filters in accordance with this subdivision and subdivisions (e) and (h). | |
| 140 | 119 | ||
| 141 | - | ( | |
| 120 | + | (A) Community water systems shall provide required filters to residents within five business days of identifying a residence or building that has been serviced by, was likely serviced by, or is likely being serviced by, lead service lines. | |
| 142 | 121 | ||
| 143 | - | ( | |
| 122 | + | (B) If a community water system identifies, or is otherwise aware of, a lead service line that has already been removed in its entirety, the community water system shall provide notice, filters, and tap water testing in compliance with subdivisions (e) and (h). | |
| 144 | 123 | ||
| 145 | - | ( | |
| 124 | + | (g) Residences and buildings located in areas identified as having, likely having been serviced by, or likely being serviced by, lead service lines shall immediately be provided with filters, and replacement cartridges that are certified by an accredited third-party certification body to NSF/ANSI 53 and NSF/ANSI 42 standards for the reduction of lead and particulate. The community water system shall provide replacement filter cartridges to residences and buildings in compliance with the filter manufacturers instructions, and once every three months until the full lead service line is replaced and the community water system complies with subdivision (e). | |
| 146 | 125 | ||
| 147 | - | ( | |
| 126 | + | (h) The community water system shall provide replacement filter cartridges per the manufacturers instructions. | |
| 148 | 127 | ||
| 149 | - | ( | |
| 128 | + | (i) A community water system shall provide the newly created inventory, timeline, and lead exposure prevention plan created pursuant to this section to the state board by June 1, 2023. | |
| 150 | 129 | ||
| 151 | - | ( | |
| 130 | + | (j) The state board shall review the newly created inventory, timeline, and lead exposure prevention plan, and shall require the community water system to revise the inventory, timeline, or lead exposure preventing plan in order to ensure that the lead service lines are removed within five years, and in a manner that protects consumers and the public from lead exposure. | |
| 152 | 131 | ||
| 153 | - | ( | |
| 132 | + | (k) If the state board determines that an inventory, timeline, and lead exposure prevention plan meets the requirements of this section, the state board may approve the inventory, timeline, and lead exposure prevention plan. | |
| 154 | 133 | ||
| 155 | - | ( | |
| 134 | + | (l) Each approved inventory, timeline, and lead exposure prevention plan shall be made available to the public and placed on the state boards internet website on or before August 1, 2023. | |
| 156 | 135 | ||
| 157 | - | ( | |
| 136 | + | (m) A community water system shall regularly update its lead service line inventory, timeline, and lead exposure prevention plan to reflect any lead service line removal or replacements. | |
| 158 | 137 | ||
| 159 | - | ( | |
| 138 | + | (n) A community water system shall update its inventory, timeline, and lead exposure prevention plan created pursuant to this section within 15 days of encountering a lead service line or a service line of unknown material that was previously incorrectly reported as a service line that was not a lead service line. | |
| 160 | 139 | ||
| 161 | - | ( | |
| 140 | + | (o) An inventory, timeline, or lead exposure prevention plan required by this section is not subject to the state board approval process established by subdivision (c) of Section 116885. | |
| 162 | 141 | ||
| 163 | - | ( | |
| 142 | + | (p) The state board may apply the requirements of this section to, and enforce the requirements of these provisions against, community water systems pursuant to 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 this section by a public water system is a violation of Chapter 4 (commencing with Section 116270). | |
| 164 | 143 | ||
| 165 | - | (h) (1) This section shall remain in effect only until January 1, 2025, or until the effective date of regulations adopted by the state board that implement the federal Lead and Copper Rule Revisions (86 FR 31939), whichever occurs earlier, and as of that date is repealed. | |
| 166 | - | ||
| 167 | - | (2) The state water board shall review the requirements in this section prior to the adoption of the regulations described in paragraph (1) to determine whether the state regulation is as health protective as the requirements of this section and whether to include the requirements of this section in the state regulation. | |
| 144 | + | (q) The state board, when receiving funds under the federal Infrastructure Investment and Jobs Act (Public Law 117-58) for replacing or removing lead service lines, shall use some of the funds as grants to community water systems for the purpose of funding the removal or replacement of lead service lines that are not owned by the community water system, but are owned by customers within the jurisdiction of the community water system, to the extent permitted by federal law. Subject to Public Law 117-58, and to the extent otherwise permitted by federal law, the state board may additionally authorize a community water system to use those funds for other required activities related to the removal or replacement of customer-owned lead service lines, such as to provide customers whose property is connected to a lead service line with water filters. | |
| 168 | 145 | ||
| 169 | 146 | SEC. 2. 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. | |
| 170 | 147 | ||
| 171 | 148 | SEC. 2. 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. | |
| 172 | 149 | ||
| 173 | 150 | SEC. 2. 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. | |
| 174 | 151 | ||
| 175 | 152 | ### SEC. 2. |