Amended IN Senate March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1065Introduced by Senator PadillaFebruary 12, 2024An act to amend Section 108270 of the Health and Safety Code, relating to hazardous substances. add and repeal Section 116431 of the Health and Safety Code, relating to drinking water.LEGISLATIVE COUNSEL'S DIGESTSB 1065, as amended, Padilla. California Hazardous Substances Act: misbranded and banned hazardous substances. Primary drinking water standards: hexavalent chromium: compliance plan.The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various duties and responsibilities for the regulation and control of drinking water in the State of California. The act requires the state board to adopt primary drinking water standards for contaminants in drinking water based upon specified criteria, and requires a primary drinking water standard to be established for hexavalent chromium. Existing law authorizes the state board to grant a variance from primary drinking water standards to a public water system. Existing law makes certain violations of the act a crime.The bill would authorize, until January 1, 2029, the state board to grant an extension of up to 3 years beyond any other compliance period established by the state board for a public water system to achieve compliance with the primary drinking water standard for hexavalent chromium, as prescribed. The bill would require a public water system to comply with all requirements that the state board has established for a public water system during the compliance period, including public notice of exceedance of the primary drinking water standard and the inclusion of information in a consumer confidence report. The bill would prohibit a public water system from being deemed in violation of the primary drinking water standard for hexavalent chromium while implementing a compliance plan that has been approved by the state board if an extension is provided. To the extent that a public water system, when submitting a compliance plan or submitting a report pursuant to these provisions, would make any false statement or representation, this bill would expand the scope of a crime and impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.The California Hazardous Substances Act prohibits the manufacture, production, preparation, compounding, packing, selling, offering for sale, or keeping for sale within the State of California, or the introduction into this state, of any package of a misbranded hazardous substance or banned hazardous substance. The act prohibits prosecution under the act if a person, after receipt of a hazardous substance, can establish a specified guarantee or undertaking to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance.This bill would make nonsubstantive changes to the latter provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 116431 is added to the Health and Safety Code, to read:116431. (a) The state board may grant an extension of up to three years beyond any other compliance period established by the state board for a public water system to achieve compliance with the primary drinking water standard for hexavalent chromium if the public water system meets both of the following:(1) The public water system submits a compliance plan to the state board that includes a compliance method requiring facility construction for treatment of over 10 sources of water.(2) The public water system has acted in good faith in attempting to meet the applicable timeline for the primary drinking water standard.(b) If a public water system is granted an extension of time pursuant to this section, the public water system shall comply with all requirements that the state board has established for a public water system during the compliance period, including public notice of exceedance of the primary drinking water standard and the inclusion of information in a consumer confidence report.(c) A public water system shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while implementing a compliance plan that has been approved by the state board if an extension of time is approved by the state board.(d) The state board may implement, interpret, or make specific the provisions of this section by means of criteria published on its internet website. This action by the state board shall not be subject to the rulemaking requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(e) This section does not affect the states requirements for establishing drinking water standards for contaminants in drinking water. This section does not apply to any contaminants other than hexavalent chromium.(f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article 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.SECTION 1.Section 108270 of the Health and Safety Code is amended to read:108270.A person shall not be prosecuted under this chapter if, after receipt of a hazardous substance, they can establish a guarantee or undertaking signed by, and containing the name and address of, the person residing in the United States from whom the person received in good faith the hazardous substance, to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance.
Amended IN Senate March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1065Introduced by Senator PadillaFebruary 12, 2024An act to amend Section 108270 of the Health and Safety Code, relating to hazardous substances. add and repeal Section 116431 of the Health and Safety Code, relating to drinking water.LEGISLATIVE COUNSEL'S DIGESTSB 1065, as amended, Padilla. California Hazardous Substances Act: misbranded and banned hazardous substances. Primary drinking water standards: hexavalent chromium: compliance plan.The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various duties and responsibilities for the regulation and control of drinking water in the State of California. The act requires the state board to adopt primary drinking water standards for contaminants in drinking water based upon specified criteria, and requires a primary drinking water standard to be established for hexavalent chromium. Existing law authorizes the state board to grant a variance from primary drinking water standards to a public water system. Existing law makes certain violations of the act a crime.The bill would authorize, until January 1, 2029, the state board to grant an extension of up to 3 years beyond any other compliance period established by the state board for a public water system to achieve compliance with the primary drinking water standard for hexavalent chromium, as prescribed. The bill would require a public water system to comply with all requirements that the state board has established for a public water system during the compliance period, including public notice of exceedance of the primary drinking water standard and the inclusion of information in a consumer confidence report. The bill would prohibit a public water system from being deemed in violation of the primary drinking water standard for hexavalent chromium while implementing a compliance plan that has been approved by the state board if an extension is provided. To the extent that a public water system, when submitting a compliance plan or submitting a report pursuant to these provisions, would make any false statement or representation, this bill would expand the scope of a crime and impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.The California Hazardous Substances Act prohibits the manufacture, production, preparation, compounding, packing, selling, offering for sale, or keeping for sale within the State of California, or the introduction into this state, of any package of a misbranded hazardous substance or banned hazardous substance. The act prohibits prosecution under the act if a person, after receipt of a hazardous substance, can establish a specified guarantee or undertaking to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance.This bill would make nonsubstantive changes to the latter provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Senate March 20, 2024
Amended IN Senate March 20, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 1065
Introduced by Senator PadillaFebruary 12, 2024
Introduced by Senator Padilla
February 12, 2024
An act to amend Section 108270 of the Health and Safety Code, relating to hazardous substances. add and repeal Section 116431 of the Health and Safety Code, relating to drinking water.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1065, as amended, Padilla. California Hazardous Substances Act: misbranded and banned hazardous substances. Primary drinking water standards: hexavalent chromium: compliance plan.
The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various duties and responsibilities for the regulation and control of drinking water in the State of California. The act requires the state board to adopt primary drinking water standards for contaminants in drinking water based upon specified criteria, and requires a primary drinking water standard to be established for hexavalent chromium. Existing law authorizes the state board to grant a variance from primary drinking water standards to a public water system. Existing law makes certain violations of the act a crime.The bill would authorize, until January 1, 2029, the state board to grant an extension of up to 3 years beyond any other compliance period established by the state board for a public water system to achieve compliance with the primary drinking water standard for hexavalent chromium, as prescribed. The bill would require a public water system to comply with all requirements that the state board has established for a public water system during the compliance period, including public notice of exceedance of the primary drinking water standard and the inclusion of information in a consumer confidence report. The bill would prohibit a public water system from being deemed in violation of the primary drinking water standard for hexavalent chromium while implementing a compliance plan that has been approved by the state board if an extension is provided. To the extent that a public water system, when submitting a compliance plan or submitting a report pursuant to these provisions, would make any false statement or representation, this bill would expand the scope of a crime and impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.The California Hazardous Substances Act prohibits the manufacture, production, preparation, compounding, packing, selling, offering for sale, or keeping for sale within the State of California, or the introduction into this state, of any package of a misbranded hazardous substance or banned hazardous substance. The act prohibits prosecution under the act if a person, after receipt of a hazardous substance, can establish a specified guarantee or undertaking to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance.This bill would make nonsubstantive changes to the latter provision.
The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various duties and responsibilities for the regulation and control of drinking water in the State of California. The act requires the state board to adopt primary drinking water standards for contaminants in drinking water based upon specified criteria, and requires a primary drinking water standard to be established for hexavalent chromium. Existing law authorizes the state board to grant a variance from primary drinking water standards to a public water system. Existing law makes certain violations of the act a crime.
The bill would authorize, until January 1, 2029, the state board to grant an extension of up to 3 years beyond any other compliance period established by the state board for a public water system to achieve compliance with the primary drinking water standard for hexavalent chromium, as prescribed. The bill would require a public water system to comply with all requirements that the state board has established for a public water system during the compliance period, including public notice of exceedance of the primary drinking water standard and the inclusion of information in a consumer confidence report. The bill would prohibit a public water system from being deemed in violation of the primary drinking water standard for hexavalent chromium while implementing a compliance plan that has been approved by the state board if an extension is provided.
To the extent that a public water system, when submitting a compliance plan or submitting a report pursuant to these provisions, would make any false statement or representation, this bill would expand the scope of a crime and impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The California Hazardous Substances Act prohibits the manufacture, production, preparation, compounding, packing, selling, offering for sale, or keeping for sale within the State of California, or the introduction into this state, of any package of a misbranded hazardous substance or banned hazardous substance. The act prohibits prosecution under the act if a person, after receipt of a hazardous substance, can establish a specified guarantee or undertaking to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance.
This bill would make nonsubstantive changes to the latter provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 116431 is added to the Health and Safety Code, to read:116431. (a) The state board may grant an extension of up to three years beyond any other compliance period established by the state board for a public water system to achieve compliance with the primary drinking water standard for hexavalent chromium if the public water system meets both of the following:(1) The public water system submits a compliance plan to the state board that includes a compliance method requiring facility construction for treatment of over 10 sources of water.(2) The public water system has acted in good faith in attempting to meet the applicable timeline for the primary drinking water standard.(b) If a public water system is granted an extension of time pursuant to this section, the public water system shall comply with all requirements that the state board has established for a public water system during the compliance period, including public notice of exceedance of the primary drinking water standard and the inclusion of information in a consumer confidence report.(c) A public water system shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while implementing a compliance plan that has been approved by the state board if an extension of time is approved by the state board.(d) The state board may implement, interpret, or make specific the provisions of this section by means of criteria published on its internet website. This action by the state board shall not be subject to the rulemaking requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(e) This section does not affect the states requirements for establishing drinking water standards for contaminants in drinking water. This section does not apply to any contaminants other than hexavalent chromium.(f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article 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.SECTION 1.Section 108270 of the Health and Safety Code is amended to read:108270.A person shall not be prosecuted under this chapter if, after receipt of a hazardous substance, they can establish a guarantee or undertaking signed by, and containing the name and address of, the person residing in the United States from whom the person received in good faith the hazardous substance, to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 116431 is added to the Health and Safety Code, to read:116431. (a) The state board may grant an extension of up to three years beyond any other compliance period established by the state board for a public water system to achieve compliance with the primary drinking water standard for hexavalent chromium if the public water system meets both of the following:(1) The public water system submits a compliance plan to the state board that includes a compliance method requiring facility construction for treatment of over 10 sources of water.(2) The public water system has acted in good faith in attempting to meet the applicable timeline for the primary drinking water standard.(b) If a public water system is granted an extension of time pursuant to this section, the public water system shall comply with all requirements that the state board has established for a public water system during the compliance period, including public notice of exceedance of the primary drinking water standard and the inclusion of information in a consumer confidence report.(c) A public water system shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while implementing a compliance plan that has been approved by the state board if an extension of time is approved by the state board.(d) The state board may implement, interpret, or make specific the provisions of this section by means of criteria published on its internet website. This action by the state board shall not be subject to the rulemaking requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(e) This section does not affect the states requirements for establishing drinking water standards for contaminants in drinking water. This section does not apply to any contaminants other than hexavalent chromium.(f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SECTION 1. Section 116431 is added to the Health and Safety Code, to read:
### SECTION 1.
116431. (a) The state board may grant an extension of up to three years beyond any other compliance period established by the state board for a public water system to achieve compliance with the primary drinking water standard for hexavalent chromium if the public water system meets both of the following:(1) The public water system submits a compliance plan to the state board that includes a compliance method requiring facility construction for treatment of over 10 sources of water.(2) The public water system has acted in good faith in attempting to meet the applicable timeline for the primary drinking water standard.(b) If a public water system is granted an extension of time pursuant to this section, the public water system shall comply with all requirements that the state board has established for a public water system during the compliance period, including public notice of exceedance of the primary drinking water standard and the inclusion of information in a consumer confidence report.(c) A public water system shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while implementing a compliance plan that has been approved by the state board if an extension of time is approved by the state board.(d) The state board may implement, interpret, or make specific the provisions of this section by means of criteria published on its internet website. This action by the state board shall not be subject to the rulemaking requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(e) This section does not affect the states requirements for establishing drinking water standards for contaminants in drinking water. This section does not apply to any contaminants other than hexavalent chromium.(f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
116431. (a) The state board may grant an extension of up to three years beyond any other compliance period established by the state board for a public water system to achieve compliance with the primary drinking water standard for hexavalent chromium if the public water system meets both of the following:(1) The public water system submits a compliance plan to the state board that includes a compliance method requiring facility construction for treatment of over 10 sources of water.(2) The public water system has acted in good faith in attempting to meet the applicable timeline for the primary drinking water standard.(b) If a public water system is granted an extension of time pursuant to this section, the public water system shall comply with all requirements that the state board has established for a public water system during the compliance period, including public notice of exceedance of the primary drinking water standard and the inclusion of information in a consumer confidence report.(c) A public water system shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while implementing a compliance plan that has been approved by the state board if an extension of time is approved by the state board.(d) The state board may implement, interpret, or make specific the provisions of this section by means of criteria published on its internet website. This action by the state board shall not be subject to the rulemaking requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(e) This section does not affect the states requirements for establishing drinking water standards for contaminants in drinking water. This section does not apply to any contaminants other than hexavalent chromium.(f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
116431. (a) The state board may grant an extension of up to three years beyond any other compliance period established by the state board for a public water system to achieve compliance with the primary drinking water standard for hexavalent chromium if the public water system meets both of the following:(1) The public water system submits a compliance plan to the state board that includes a compliance method requiring facility construction for treatment of over 10 sources of water.(2) The public water system has acted in good faith in attempting to meet the applicable timeline for the primary drinking water standard.(b) If a public water system is granted an extension of time pursuant to this section, the public water system shall comply with all requirements that the state board has established for a public water system during the compliance period, including public notice of exceedance of the primary drinking water standard and the inclusion of information in a consumer confidence report.(c) A public water system shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while implementing a compliance plan that has been approved by the state board if an extension of time is approved by the state board.(d) The state board may implement, interpret, or make specific the provisions of this section by means of criteria published on its internet website. This action by the state board shall not be subject to the rulemaking requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(e) This section does not affect the states requirements for establishing drinking water standards for contaminants in drinking water. This section does not apply to any contaminants other than hexavalent chromium.(f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
116431. (a) The state board may grant an extension of up to three years beyond any other compliance period established by the state board for a public water system to achieve compliance with the primary drinking water standard for hexavalent chromium if the public water system meets both of the following:
(1) The public water system submits a compliance plan to the state board that includes a compliance method requiring facility construction for treatment of over 10 sources of water.
(2) The public water system has acted in good faith in attempting to meet the applicable timeline for the primary drinking water standard.
(b) If a public water system is granted an extension of time pursuant to this section, the public water system shall comply with all requirements that the state board has established for a public water system during the compliance period, including public notice of exceedance of the primary drinking water standard and the inclusion of information in a consumer confidence report.
(c) A public water system shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while implementing a compliance plan that has been approved by the state board if an extension of time is approved by the state board.
(d) The state board may implement, interpret, or make specific the provisions of this section by means of criteria published on its internet website. This action by the state board shall not be subject to the rulemaking requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(e) This section does not affect the states requirements for establishing drinking water standards for contaminants in drinking water. This section does not apply to any contaminants other than hexavalent chromium.
(f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article 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.
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.
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.
### SEC. 2.
A person shall not be prosecuted under this chapter if, after receipt of a hazardous substance, they can establish a guarantee or undertaking signed by, and containing the name and address of, the person residing in the United States from whom the person received in good faith the hazardous substance, to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance.