Bill Text: CA AB938 | 2011-2012 | Regular Session | Chaptered
Bill Title: Public water systems.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-10-07 - Chaptered by Secretary of State - Chapter 514, Statutes of 2011. [AB938 Detail]
Download: California-2011-AB938-Chaptered.html
BILL NUMBER: AB 938 CHAPTERED
BILL TEXT
CHAPTER 514
FILED WITH SECRETARY OF STATE OCTOBER 7, 2011
APPROVED BY GOVERNOR OCTOBER 7, 2011
PASSED THE SENATE AUGUST 30, 2011
PASSED THE ASSEMBLY SEPTEMBER 2, 2011
AMENDED IN SENATE AUGUST 23, 2011
AMENDED IN SENATE AUGUST 15, 2011
AMENDED IN SENATE JULY 1, 2011
AMENDED IN ASSEMBLY MAY 4, 2011
AMENDED IN ASSEMBLY APRIL 14, 2011
INTRODUCED BY Assembly Member V. Manuel Pérez
FEBRUARY 18, 2011
An act to amend Sections 116450 and 116761.23 of the Health and
Safety Code, relating to drinking water.
LEGISLATIVE COUNSEL'S DIGEST
AB 938, V. Manuel Pérez. Public water systems.
(1) Existing law, the California Safe Drinking Water Act, requires
the State Department of Public Health to administer provisions
relating to the regulation of drinking water to protect public
health, including, but not limited to, conducting research, studies,
and demonstration programs relating to the provision of a dependable,
safe supply of drinking water, enforcing the federal Safe Drinking
Water Act, adoption of enforcement regulations, and conducting
studies and investigations to assess the quality of water in domestic
water supplies.
Existing law establishes the Safe Drinking Water State Revolving
Fund that is continuously appropriated to the department for the
provision of grants and revolving fund loans to provide for the
design and construction of projects for public water systems that
will enable suppliers to meet safe drinking water standards.
Under existing law, the funding for grants for planning,
engineering studies, environmental documentation, and design of a
single project is set at a maximum of $500,000. Existing law requires
total funding for planning, engineering studies, project design, and
construction costs of a single project, whether in the form of a
grant, a loan, or both, to be determined by an assessment of
affordability using criteria established by the department.
This bill would add environmental documentation to the costs of a
single project that the department is required to determine by an
assessment of affordability.
(2) Existing law requires that various notices be made by a public
water system and others regarding compliance with safe drinking
water requirements.
This bill would require, commencing July 1, 2012, that written
public notice given by a public water system pursuant to these
provisions be in English, Spanish, and in the language spoken by
prescribed numbers of residents of the community served, and that the
notice contain prescribed public water system contact information.
The bill would establish specified presumptions of compliance if the
public water system takes prescribed actions relating to the notice.
The bill would also authorize and encourage nonwritten notice to be
provided through foreign language media outlets. The bill would
specify that the department is not required to review or approve
notices in any language other than English.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116450 of the Health and Safety Code is amended
to read:
116450. (a) When any primary drinking water standard specified in
the department's regulations is not complied with, when a monitoring
requirement specified in the department's regulations is not
performed, or when a water purveyor fails to comply with the
conditions of any variance or exemption, the person operating the
public water system shall notify the department and shall give notice
to the users of that fact in the manner prescribed by the
department. When a variance or an exemption is granted, the person
operating the public water system shall give notice to the users of
that fact.
(b) When a person operating a public water system determines that
a significant rise in the bacterial count of water has occurred in
water he or she supplies, the person shall provide, at his or her
expense, a report on the rise in bacterial count of the water,
together with the results of an analysis of the water, within 24
hours to the department and, where appropriate, to the local health
officer.
(c) When the department receives the information described in
subdivision (b) and determines that it constitutes an immediate
danger to health, the department shall immediately notify the person
operating the public water system to implement the emergency
notification plan required by this chapter.
(d) In the case of a failure to comply with any primary drinking
water standard that represents an imminent danger to the health of
water users, the operator shall notify each of his or her customers
as provided in the approved emergency notification plan.
(e) In addition, the same notification requirement shall be
required in any instance in which the department or the local health
department recommends to the operator that it notify its customers to
avoid internal consumption of the water supply and to use bottled
water due to a chemical contamination problem that may pose a health
risk.
(f) The content of the notices required by this section shall be
approved by the department. Notice shall be repeated at intervals, as
required by the department, until the department concludes that
there is compliance with its standards or requirements. Notices may
be given by the department.
In any case where public notification is required by this section
because a contaminant is present in drinking water at a level in
excess of a primary drinking water standard, the notification shall
include identification of the contaminant, information on possible
effects of the contaminant on human health, and information on
specific measures that should be taken by persons or populations who
might be more acutely affected than the general population.
(g) Whenever a school or school system, the owner or operator of
residential rental property, or the owner or operator of a business
property receives a notification from a person operating a public
water system under any provision of this section, the school or
school system shall notify school employees, students and parents if
the students are minors, the owner or operator of a residential
rental property shall notify tenants, and the owner or operator of
business property shall notify employees of businesses located on the
property.
(1) The operator shall provide the customer with a sample
notification form that may be used by the customer in complying with
this subdivision and that shall indicate the nature of the problem
with the water supply and the most appropriate methods for
notification that may include, but is not limited to, the sending of
a letter to each water user and the posting of a notice at each site
where drinking water is dispensed.
(2) The notice required by this subdivision shall be given within
10 days of receipt of notification from the person operating the
public water system.
(3) Any person failing to give notice as required by this
subdivision shall be civilly liable in an amount not to exceed one
thousand dollars ($1,000) for each day of failure to give notice.
(4) If the operator has evidence of noncompliance with this
subdivision the operator shall report this information to the local
health department and the department.
(h) (1) Notwithstanding any other provision of law, commencing
July 1, 2012, a written Tier 1 public notice given by a public water
system pursuant to this section shall comply with the following:
(A) It shall be provided in English, Spanish, and in the language
spoken by any non-English-speaking group that exceeds 10 percent of
persons served by the public water system, and it shall contain a
telephone number or address where residents may contact the public
water system for assistance.
(B) For each non-English-speaking group that speaks a language
other than Spanish and that exceeds 1,000 residents but is less than
10 percent of the persons served by the public water system described
in subparagraph (A), the notice shall contain information regarding
the importance of the notice and a telephone number or address where
the public water system will provide either a translated copy of the
notice or assistance in the appropriate language.
(2) (A) After July 1, 2012, it shall be presumed that the public
water system has determined the appropriate languages for
notification pursuant to paragraph (1) if the public water system has
made a reasonable attempt to utilize the data available through the
American Community Survey of the United States Census Bureau to
identify the non-English speaking groups that reside in a city,
county, or city and county that encompasses the service area of the
public water system.
(B) After July 1, 2012, it shall be presumed that the notice has
been correctly translated if the public water system has made a
reasonable attempt to obtain either in-house or contracted-for
translation services for providing a translated copy of the notice or
assistance in the appropriate languages pursuant to paragraph (1)
and the translated copy of the notice or assistance has been
provided.
(C) After July 1, 2012, if the public water system has made a
reasonable attempt to have the notice required by paragraph (1)
translated into the appropriate languages, it shall be presumed that
a notice translated into languages other than Spanish has been
adequately provided if it contains translations in the appropriate
languages of all of the following:
(i) Identification of the contaminant.
(ii) Information on the health effects associated with the
presence of the contaminant in drinking water at a level in excess of
the primary drinking water standard.
(iii) Actions that members of the public should take to protect
their health, such as, for example, "Do not drink," "Boil water
before using," or "Stop boiling your water."
(3) In addition to nonwritten notification provided for in the
public water system's emergency notification plan, the public water
system may, and is encouraged to, provide notice through foreign
language media outlets.
(4) For purposes of this subdivision, "Tier 1 public notice" means
a public notice as defined pursuant to Section 64401.71 of Title 22
of the California Code of Regulations.
(5) Nothing in this subdivision shall require the department to
review or approve notices in any language other than English.
SEC. 2. Section 116761.23 of the Health and Safety Code is amended
to read:
116761.23. (a) The maximum amount of a planning grant permitted
under this chapter for each participating public water system's share
of the costs of the planning, engineering studies, environmental
documentation, and design of a single project shall be no more than
five hundred thousand dollars ($500,000).
(b) Unless the department approves an increase pursuant to this
subdivision, the maximum amount of a construction grant award
authorized under this chapter to each participating public water
system for its share of the cost of the construction of a single
project shall be no more than three million dollars ($3,000,000). The
department may approve an increase in the maximum amount for a
construction grant award authorized under this chapter so that the
maximum amount of the construction grant award does not exceed ten
million dollars ($10,000,000) only if the department makes all of the
following findings:
(1) A public water system that serves a disadvantaged community
has a defined project need that exceeds the maximum grant amount of
three million dollars ($3,000,000).
(2) The defined project has been bypassed in at least one funding
cycle due to a lack of funds.
(3) The defined project is eligible for funding pursuant to the
program regulations.
(4) The defined project represents the highest public health risk
among unfunded projects, as determined by the department according to
its standard criteria.
(c) Total funding under this article for planning, engineering
studies, environmental documentation, project design, and
construction costs of a single project, whether in the form of a loan
or a grant, or both, shall be determined by an assessment of
affordability using criteria established by the department.
