Bill Text: CA AB1438 | 2017-2018 | Regular Session | Introduced
Bill Title: State Water Resources Control Board: environmental laboratories: public water systems: certificates and permits: procedures.
Spectrum: Committee Bill
Status: (Passed) 2017-09-27 - Chaptered by Secretary of State - Chapter 327, Statutes of 2017. [AB1438 Detail]
Download: California-2017-AB1438-Introduced.html
Assembly Bill | No. 1438 |
Introduced by Committee on Environmental Safety and Toxic Materials (Assembly Members Quirk (Chair), Dahle (Vice Chair), Arambula, Cristina Garcia, Gomez, and Holden) |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 100825 of the Health and Safety Code is amended to read:100825.
(a) This article shall be known, and may be cited, as the Environmental Laboratory Accreditation Act.(5)
(6)“NELAC” means the National Environmental Laboratory Accreditation Conference.
(7)“NELAC standards” refers to the requirements found in EPA publication number 600/R-98/151, November 1998, and any subsequent amendments that are adopted by EPA or the national program.
(8)“NELAP” means the National Environmental Laboratory Accreditation Program established by NELAC.
(9)“NELAP accreditation” means the accreditation of a laboratory that has met the requirements of the NELAC standards, and the requirements of this article.
(10)“NELAP accredited laboratory” means a laboratory that has met the standards of NELAC and has been accredited by a primary or secondary NELAP-recognized accrediting authority.
(11)“NELAP-recognized accrediting authority” means a state agency that is authorized by NELAP to accredit laboratories.
(12)“NELAP-recognized primary accrediting authority” means a state agency that is responsible for the accreditation of environmental laboratories within that state or that performs the primary accreditation of a lab from a non-NELAP state or where the laboratory’s home state does not offer accreditation in a given field of accreditation.
(13)“NELAP-recognized secondary accrediting authority” means a state agency that is authorized by NELAP to accredit environmental laboratories within that state that have been accredited by a NELAP-approved accrediting authority in another state.
(14)
(15)
(16)
(17)
(18)
(19)
SEC. 2.
Section 100829 of the Health and Safety Code is amended to read:100829.
The State Water Resources Control Board may do all of the following related to accrediting environmental laboratories in the state:SEC. 3.
Section 100837 of the Health and Safety Code is amended to read:100837.
TheSEC. 4.
Section 100840 of the Health and Safety Code is amended to read:100840.
Any laboratory requesting ELAP certification orSEC. 5.
Section 100847 of the Health and Safety Code is amended to read:100847.
(a) The period of accreditation forSEC. 6.
Section 100850 of the Health and Safety Code is amended to read:100850.
(a) Upon the filing of an application for ELAP certification or(c)Provided that there is compliance with all other provisions of this article, the department may restrict a certificate to the fields of testing of Section 100860 or 100862 or subgroups thereof as defined by regulation for which acceptable proficiency testing results have been produced and the onsite assessment was passed.
(d)
SEC. 7.
Section 100851 of the Health and Safety Code is amended to read:100851.
(a) An application forSEC. 8.
Section 100852 of the Health and Safety Code is amended to read:100852.
(a) Notwithstanding any otherSEC. 9.
Section 100855 of the Health and Safety Code is repealed.Upon the denial of any application for ELAP certification or NELAP accreditation, or the revocation or suspension of ELAP certification or NELAP accreditation, the department shall immediately notify the applicant or organization by certified mail, return receipt requested, of the action and the reasons for the action. Within 20 calendar days of receipt, the applicant or organization may present the department with a written petition for a hearing. Upon receipt in proper form by the department, the petition shall be set for hearing. The proceedings shall be conducted in accordance with Section 100171 and the department has all the powers granted in that section.
SEC. 10.
Section 100855 is added to the Health and Safety Code, to read:100855.
Upon the denial of an application for ELAP certification or TNI accreditation, the state board shall immediately notify the applicant or organization by certified mail, return receipt requested, of the action and the reasons for the action. The owner of a laboratory may petition for reconsideration under Section 116701.SEC. 11.
Section 100862 of the Health and Safety Code is amended to read:100862.
(a) At the time of application forSEC. 12.
Section 100865 of the Health and Safety Code is amended to read:100865.
(a) In order to carry out the purpose of this article, any duly authorized representative of theSEC. 13.
Section 100870 of the Health and Safety Code is amended to read:100870.
(a) Any laboratory that is ELAP certified or holdsSEC. 14.
Section 100872 of the Health and Safety Code is amended to read:100872.
(a) An ELAP certified laboratory shall successfully analyze proficiency testing samples for those fields of testing for which they are certified, not less than once a year, where applicable. Proficiency testing procedures shall be approved by the United States government or by theSEC. 15.
Section 100875 of the Health and Safety Code is amended to read:100875.
Whenever theSEC. 16.
Section 100880 of the Health and Safety Code is amended to read:100880.
If theSEC. 17.
Section 100885 of the Health and Safety Code is amended to read:100885.
(a) Any person who operates a laboratory that performs work that requires certification orSEC. 18.
Section 100890 of the Health and Safety Code is amended to read:100890.
(a) Any person who knowingly makes any false statement or representation in any application, record, or other document submitted, maintained, or used for purposes of compliance with this article, may be liable, as determined by the court, for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation or, for continuing violations, for each day that violation continues.SEC. 19.
Section 100895 of the Health and Safety Code is amended to read:100895.
(a) Any person who knowingly does any of the following acts may, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment:SEC. 20.
Section 100907 of the Health and Safety Code is amended to read:100907.
(a) TheSEC. 21.
Section 100910 of the Health and Safety Code is repealed.Proceedings for the suspension or revocation of a certificate under this article shall be conducted in accordance with Section 100171, and the department shall have all powers granted pursuant to that section.
SEC. 22.
Section 100910 is added to the Health and Safety Code, to read:100910.
(a) The state board, after providing notice to the owner of the laboratory and opportunity for a hearing, may suspend or revoke an ELAP certification or TNI accreditation issued pursuant to this article. The notice shall inform the owner of the laboratory that the owner may request a hearing not later than 20 days from the date on which the notice is received, and shall contain a statement of facts and information that show a basis for the suspension or revocation. If the owner submits a timely request for a hearing, the hearing shall be before the state board or a member of the state board, in accordance with Section 183 of the Water Code and the rules for adjudicative proceedings adopted under Section 185 of the Water Code. If the owner does not submit a timely request for a hearing, the state board may suspend or revoke the permit without a hearing.SEC. 23.
Section 100915 of the Health and Safety Code is repealed.(a)The department may temporarily suspend, in whole or in part, ELAP certification or NELAP accreditation prior to any hearing, when it has determined that this action is necessary to protect the public. The department shall notify the owner of the temporary suspension and the effective date thereof and at the same time shall serve the owner with an accusation. Upon receipt of a notice of defense by the owner, the matter shall be set for hearing within 15 calendar days. The hearing shall be held as soon as possible but no later than 30 calendar days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the department fails to make a final determination on the merits within 60 calendar days after the original hearing has been completed.
(b)During the suspension, the laboratory shall discontinue the analysis of samples for the specified fields of testing.
SEC. 24.
Section 100915 is added to the Health and Safety Code, to read:100915.
(a) (1) The state board may temporarily suspend, in whole or in part, ELAP certification or TNI accreditation prior to any hearing, when it has determined that this action is necessary to protect the public. The state board shall notify the owner of the temporary suspension and the effective date of the suspension. The notice shall inform the owner of the laboratory that the owner may request a hearing not later than 20 days from the date on which the notice is received, and shall contain a statement of facts and information that show a basis for the suspension.SEC. 25.
Section 100920.5 is added to the Health and Safety Code, to read:100920.5.
(a) Within 30 days after service of a copy of a decision or order issued by the state board under this chapter, an aggrieved party may file with the superior court a petition for a writ of mandate for review of the order.SEC. 26.
Section 116271 of the Health and Safety Code is amended to read:116271.
(a) The(l)This section shall become operative on July 1, 2014.
SEC. 27.
Section 116425 of the Health and Safety Code is amended to read:116425.
(a) TheSEC. 28.
Section 116540 of the Health and Safety Code is amended to read:116540.
(a) Following completion of the investigation and satisfaction of the requirements of paragraphs (1) and (2), the state board shall issue or deny the permit. The state board may impose permit conditions, requirements for system improvements, technical, financial, or managerial requirements, and time schedules as it deems necessary to ensure a reliable and adequate supply of water at all times that is pure, wholesome, potable, and does not endanger the health of consumers.SEC. 29.
Section 116625 of the Health and Safety Code is amended to read:116625.
(a) The(b)The permittee may file with the superior court a petition for a writ of mandate for review of any decision of the department made pursuant to subdivision (a). Failure to file a petition shall not preclude a party from challenging the reasonableness or validity of a decision of the department in any judicial proceeding to enforce the decision or from pursuing any remedy authorized by this chapter.
(c)