Bill Text: CA AB1931 | 2021-2022 | Regular Session | Amended

California Assembly Bill 1931 (Prior Session Legislation)

CA State Legislature page for AB1931

Bill Title: Community water systems: lead service lines.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Engrossed - Dead) 2022-08-11 - In committee: Held under submission. [AB1931 Detail]

Download: California-2021-AB1931-Amended.html

Amended IN Senate June 30, 2022

Amended IN Assembly May 19, 2022

Amended IN Assembly April 21, 2022

Amended IN Assembly March 28, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1931

Introduced by Assembly Member Luz Rivas

February 10, 2022

An act to add and repeal Section 116891 to of the Health and Safety Code, relating to drinking water.

LEGISLATIVE COUNSEL'S DIGEST

AB 1931, as amended, Luz Rivas. Community water systems: lead ~~pipes.~~ service lines.

(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, until January 1, 2025, or as specified, the State Water Resources Control Board to provide certain federal funds received by the board to community water systems to fund, among other things, the removal or replacement of lead service lines or lead fittings that are owned by a community water system, and the removal or replacement of lead service lines, and galvanized lines downstream of lead service lines or lead components, that are not owned by the community water system, as specified. The bill would also require a community water system to take specified actions when replacing an unknown material user service line or a user service line containing lead.
(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 the provisions of the bill 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 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.
(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 board’s 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.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

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) “Disadvantaged community” means a community that meets the definition provided in Section 116275.
(2) “Emergency repair” means any unscheduled water main, water service, or water valve repair or replacement that results from failure or accident.
(3) “State board” means the State Water Resources Control Board.
(4) “User service line” has the same meaning as in Section 64551.60 of Title 22 of the California Code of Regulations.
(b) (1) 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 provide some of the funds to community water systems, to the extent permitted by federal and state law, to fund all of the following:
(A) Removal or replacement of lead service lines or lead fittings owned by the community water system.
(B) Removal or replacement of lead service lines and galvanized lines downstream of lead service lines or lead components that are not owned by the community water system, but are owned by property owners or customers within the jurisdiction of the community water system.
(C) Pitcher filters certified by an American National Standards Institute (ANSI) accredited certifier to reduce lead and particulates.
(D) Tap sampling and laboratory analysis.
(E) Notice requirements and other customer outreach, including funding community-based organizations to conduct outreach.
(2) Funds allocated pursuant to this section shall be prioritized for community water systems serving disadvantaged communities.
(c) When a community water system replaces an unknown material user service line or a user service line containing lead, the community water system shall do all of the following:
(1) Determine the service line material on the property owner’s property and submit the results electronically to the state board annually.
(2) If the property owner or customer is unwilling to allow the community water system to determine the service line material, the community water system shall document the interactions with the property owner or customer and provide the information upon request to the state board.
(3) (A) If the property owner’s service line is also a lead service line or a galvanized service line that is downstream of lead service lines or lead components, the community water system shall inform the customer of the lead or the galvanized service line and offer to work with the property owner or customer to remove all lead and galvanized materials at the same time. This notice shall be provided at least 45 days before the start of construction. The community water system shall document the interactions with the property owner or customer and provide the information upon request to the state board.
(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:

“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.”

(4) The community water system is not required to bear the cost of the replacement of the portion of the affected service line not owned by the community water system, but shall seek available federal funding administered by the state board on behalf of the property owner to pay for the entire cost of replacement.
(5) The community water system shall make at least three attempts to contact the owner or resident through multiple points of contact, including mailings, telephone calls, door hangers, or door knocking. Community water systems are strongly encouraged to work with or contract with community-based organizations to contact residents.
(d) If the property owner’s or customer’s service line is either a lead service line or a galvanized service line that is downstream of lead service lines or lead components and the property owner or customer withholds consent to replace the service line, the community water system shall document the refusal and notify the state board. Within 30 days of this notification, the state board may require additional actions that shall be taken before completing a user service line replacement, including, but not limited to, providing a pitcher filter and replacement cartridges for up to 12 months.
(e) Before returning the affected line to service, the community water system shall do all of the following:
(1) Provide the customer served by the community water system at the service connection with educational information about the potential for elevated lead levels in drinking water as a result of the replacement.
(2) Provide the person served at the service connection with flushing instructions for the building served following the replacement.
(3) Provide a pitcher filter certified by an American National Standards Institute (ANSI) accredited certifier to reduce lead and particulates, instructions to use the filter, and six months of filter replacement cartridges or an equivalent certified ANSI point-of-use device approved by the state board.
(4) Offer to the customer to take two tap samples: one sample one week after completion of the service line replacement and another between three months and six months following the first sample. The community water system shall provide the results of each sample to both the customer and the state board within 30 days of testing. Results submitted to the state board shall use a reporting spreadsheet.
(f) Community water systems are exempt from these requirements in the event of an emergency repair involving a user service line containing lead or unknown materials, but shall do all of the following as soon as practicable:
(1) Notify the property owner and the customer served by, or downstream of, the user service line containing lead or unknown material, in writing, that an emergency repair has been completed. The notification shall include, at a minimum, all of the following:
(A) A warning that the work may result in sediment, possibly containing lead, in the building’s water supply system.
(B) Information concerning practices for preventing the consumption of any lead in drinking water, including a recommendation to flush the water distribution pipe during and after the completion of the repair or replacement work and to clean faucet aerator screens.
(C) Information regarding the dangers of lead to young children and pregnant women.
(2) Provide the person served at the service connection with flushing instructions for the building served following the emergency repair.
(3) Provide a pitcher filter certified by an American National Standards Institute (ANSI) accredited certifier to reduce lead and particulates, instructions to use the filter, and six months of filter replacement cartridges or an equivalent certified ANSI point-of-use device approved by the state board.
(4) Offer to the customer to take two tap samples: one sample one week after completion of the user service line replacement and another between three months and six months after completion of the service line replacement. The community water system shall provide the results of the sample to the customer within 30 days and submit the results to the state board, as specified by the state board.
(5) Offer to work with the property owner or customer to remove any lead or galvanized materials downstream of the lead service line or lead components on the customer side of the line. If the property owner agrees to a service line replacement, the community water system shall seek available federal funding administered by the state board on behalf of the property owner to pay for the entire cost of replacement. The community water system is not required to bear the cost of the replacement of the portion of the affected line not owned by the community water system. Community water systems shall document the interactions with the property owner or customer and provide the information upon request to the state board.
(g) 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).
(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.
(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.

SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.