Bill Text: CA SB117 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Integrative cancer treatment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB117 Detail]

Download: California-2013-SB117-Introduced.html

---

BILL NUMBER: SB 117	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Rubio

                        JANUARY 17, 2013

   An act to amend Sections 116275, 116475, and 116590 of, and to add
Section 116276 to, the Health and Safety Code, relating to drinking
water.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 117, as introduced, Rubio. Drinking water: State Water
Resources Control Board.
   Existing law, the California Safe Drinking Water Act, provides for
the operation of public water systems, and imposes on the State
Department of Public Health various responsibilities and duties.
Existing law requires the department to conduct research, studies,
and demonstration projects relating to the provision of a dependable,
safe supply of drinking water, to adopt regulations to implement the
California Safe Drinking Water Act, and to enforce provisions of the
federal Safe Drinking Water Act.
   This bill would transfer the various duties and responsibilities
imposed on the department by the California Safe Drinking Water Act
to the State Water Resources Control Board and make conforming
changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 116275 of the Health and Safety Code is amended
to read:
   116275.  As used in this chapter:
   (a) "Contaminant" means any physical, chemical, biological, or
radiological substance or matter in water.
   (b) "Department" means the State Department of Public Health.
   (c) "Primary drinking water standards" means:
   (1) Maximum levels of contaminants that, in the judgment of the
 department   state board  , may have an
adverse effect on the health of persons.
   (2) Specific treatment techniques adopted by the 
department   state board  in lieu of maximum
contaminant levels pursuant to subdivision (j) of Section 116365.
   (3) The monitoring and reporting requirements as specified in
regulations adopted by the  department   state
board  that pertain to maximum contaminant levels.
   (d) "Secondary drinking water standards" means standards that
specify maximum contaminant levels that, in the judgment of the
 department   state board  , are necessary
to protect the public welfare. Secondary drinking water standards may
apply to any contaminant in drinking water that may adversely affect
the odor or appearance of the water and may cause a substantial
number of persons served by the public water system to discontinue
its use, or that may otherwise adversely affect the public welfare.
Regulations establishing secondary drinking water standards may vary
according to geographic and other circumstances and may apply to any
contaminant in drinking water that adversely affects the taste, odor,
or appearance of the water when the standards are necessary to
ensure a supply of pure, wholesome, and potable water.
   (e) "Human consumption" means the use of water for drinking,
bathing or showering, hand washing, oral hygiene, or cooking,
including, but not limited to, preparing food and washing dishes.
   (f) "Maximum contaminant level" means the maximum permissible
level of a contaminant in water.
   (g) "Person" means an individual, corporation, company,
association, partnership, limited liability company, municipality,
public utility, or other public body or institution.
   (h) "Public water system" means a system for the provision of
water for human consumption through pipes or other constructed
conveyances that has 15 or more service connections or regularly
serves at least 25 individuals daily at least 60 days out of the
year. A public water system includes the following:
   (1) Any collection, treatment, storage, and distribution
facilities under control of the operator of the system that are used
primarily in connection with the system.
   (2) Any collection or pretreatment storage facilities not under
the control of the operator that are used primarily in connection
with the system.
   (3) Any water system that treats water on behalf of one or more
public water systems for the purpose of rendering it safe for human
consumption.
   (i) "Community water system" means a public water system that
serves at least 15 service connections used by yearlong residents or
regularly serves at least 25 yearlong residents of the area served by
the system.
   (j) "Noncommunity water system" means a public water system that
is not a community water system.
   (k) "Nontransient noncommunity water system" means a public water
system that is not a community water system and that regularly serves
at least 25 of the same persons over six months per year.
   (  l  ) "Local health officer" means a local health
officer appointed pursuant to Section 101000 or a local comprehensive
health agency designated by the board of supervisors pursuant to
Section 101275 to carry out the drinking water program.
   (m) "Significant rise in the bacterial count of water" means a
rise in the bacterial count of water that the  department
  state board  determines, by regulation,
represents an immediate danger to the health of water users.
   (n) "State small water system" means a system for the provision of
piped water to the public for human consumption that serves at least
five, but not more than 14, service connections and does not
regularly serve drinking water to more than an average of 25
individuals daily for more than 60 days out of the year.
   (o) "Transient noncommunity water system" means a noncommunity
water system that does not regularly serve at least 25 of the same
persons over six months per year.
   (p) "User" means a person using water for domestic purposes. User
does not include a person processing, selling, or serving water or
operating a public water system.
   (q) "Waterworks standards" means regulations adopted by the
 department   state board  that take
cognizance of the latest available "Standards of Minimum Requirements
for Safe Practice in the Production and Delivery of Water for
Domestic Use" adopted by the California section of the American Water
Works Association.
   (r) "Local primacy agency" means a local health officer that has
applied for and received primacy delegation from the 
department   state board  pursuant to Section
116330.
   (s) "Service connection" means the point of connection between the
customer's piping or constructed conveyance, and the water system's
meter, service pipe, or constructed conveyance. A connection to a
system that delivers water by a constructed conveyance other than a
pipe shall not be considered a connection in determining if the
system is a public water system if any of the following apply:
   (1) The water is used exclusively for purposes other than
residential uses, consisting of drinking, bathing, and cooking or
other similar uses.
   (2) The  department   state board 
determines that alternative water to achieve the equivalent level of
public health protection provided by the applicable primary drinking
water regulation is provided for residential or similar uses for
drinking and cooking.
   (3) The  department   state board 
determines that the water provided for residential or similar uses
for drinking, cooking, and bathing is centrally treated or treated at
the point of entry by the provider, a passthrough entity, or the
user to achieve the equivalent level of protection provided by the
applicable primary drinking water regulations.
   (t) "Resident" means a person who physically occupies, whether by
ownership, rental, lease, or other means, the same dwelling for at
least 60 days of the year.
   (u) "Water treatment operator" means a person who has met the
requirements for a specific water treatment operator grade pursuant
to Section 106875.
   (v) "Water treatment operator-in-training" means a person who has
applied for and passed the written examination given by the
department but does not yet meet the experience requirements for a
specific water treatment operator grade pursuant to Section 106875.
   (w) "Water distribution operator" means a person who has met the
requirements for a specific water distribution operator grade
pursuant to Section 106875.
   (x) "Water treatment plant" means a group or assemblage of
structures, equipment, and processes that treats, blends, or
conditions the water supply of a public water system for the purpose
of meeting primary drinking water standards.
   (y) "Water distribution system" means any combination of pipes,
tanks, pumps, and other physical features that deliver water from the
source or water treatment plant to the consumer.
   (z) "Public health goal" means a goal established by the Office of
Environmental Health Hazard Assessment pursuant to subdivision (c)
of Section 116365.
   (aa) "Small community water system" means a community water system
that serves no more than 3,300 service connections or a yearlong
population of no more than 10,000 persons.
   (ab) "Disadvantaged community" means the entire service area of a
community water system, or a community therein, in which the median
household income is less than 80 percent of the statewide average.

   (ac) "State board" means the State Water Resources Control Board.

  SEC. 2.  Section 116276 is added to the Health and Safety Code, to
read:
   116276.  (a) The state board succeeds to and is vested with all of
the authority, duties, powers, purposes, responsibilities, and
jurisdiction of the department pursuant to this chapter.
   (b) Any regulations adopted before January 1, 2014, by the
department relating to carrying out the duties and responsibilities
transferred pursuant to subdivision (a), that are in effect on
January 1, 2014, shall remain in effect on and after January 1, 2014,
and are enforceable until readopted, amended, or repealed by the
state board.
  SEC. 3.  Section 116475 of the Health and Safety Code is amended to
read:
   116475.  (a)  The Emergency Clean Water Grant Fund is hereby
established in the General Fund and, notwithstanding Section 13340 of
the Government Code, is continuously appropriated to the 
department   state board  , without regard to
fiscal years, to provide financial assistance to public water systems
and to fund emergency actions by the  department 
 state board  to ensure that safe drinking water supplies
are available to all Californians who are served by public water
systems.
   (b)  The  department   state board  may
expend funds in the Emergency Clean Water Grant Fund for the purposes
specified in subdivision (a), including, but not limited to, payment
for all of the following actions:
   (1)  The provision of alternative water supplies and bottled
water.
   (2)  Improvements of the existing water supply system.
   (3)  Hookups with adjacent water systems.
   (4)  Design, purchase, installation, and operation and maintenance
of water treatment technologies.
   (c)  The  department   state board 
shall develop and revise guidelines for the allocation and
administration of moneys in the Emergency Clean Water Grant Fund.
These guidelines shall include, but are not limited to, all of the
following:
   (1)  A definition of what constitutes an emergency requiring an
alternative or improved water supply.
   (2)  Priorities and procedures for allocating funds.
   (3)  Repayment provisions, as appropriate.
   (4)  Procedures for recovering funds from parties responsible for
the contamination of public water supplies.
   The guidelines are not subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
  SEC. 4.  Section 116590 of the Health and Safety Code is amended to
read:
   116590.  (a)  All funds received by the  department
  state board  pursuant to this chapter, including,
but not limited to, all civil penalties collected by the 
department   state board  pursuant to Article 9
(commencing with Section 116650) and Article 11 (commencing with
Section 116725), shall be deposited into the Safe Drinking Water
Account that is hereby established. Funds in the Safe Drinking Water
Account may not be expended for any purpose other than as set forth
in this chapter. All moneys collected by the  department
  state board  pursuant to Sections 116565 to
116600, inclusive, shall be deposited into the Safe Drinking Water
Account for use by the  department   state board
 , upon appropriation by the Legislature, for the purpose of
providing funds necessary to administer this chapter.
   (b)  The  department's   state  
board's  hourly cost rate used to determine the reimbursement
for actual costs pursuant to Sections 116565, 116577, and 116580
shall be based upon the  department's   state
board's  salaries, benefits, travel expense, operating,
equipment, administrative support, and overhead costs.
   (c)  Notwithstanding Section 6103 of the Government Code, each
public water system operating under a permit issued pursuant to this
chapter shall pay the fees set forth in this chapter. A public water
system shall be permitted to collect a fee from its customers to
recover the fees paid pursuant to this chapter.
   (d)  The fees collected pursuant to subdivision (b) of Section
116565 and subdivision (b) of Section 116570 shall be adjusted
annually pursuant to Section 100425, and the adjusted fee amounts
shall be rounded off to the nearest whole dollar.
   (e)  Fees assessed pursuant to this chapter shall not exceed
actual costs to either the  department   state
board  or the local primacy agency, as the case may be, related
to the public water systems assessed the fees.
   (f)  In no event shall the total amount of funds received pursuant
to subdivision (a) of Section 116565, and subdivision (a) of Section
116577 from public water systems serving 1,000 or more service
connections exceed the following:
   (1)  For the 2001-02 fiscal year, seven million dollars
($7,000,000).
   (2)  For the 2002-03 fiscal year and subsequent fiscal years, the
total amount of funds shall not increase by more than 5 percent of
the amount collected for the previous fiscal year.
   (g)  The  department   state board 
shall develop a time accounting standard designed to do all of the
following:
   (1)  Provide accurate time accounting.
   (2)  Provide accurate invoicing based upon hourly rates comparable
to private sector professional classifications and comparable rates
charged by other states for comparable services. These rates shall be
applied against the time spent by the actual individuals who perform
the work.
   (3)  Establish work standards that address work tasks, timing,
completeness, limits on redirection of effort, and limits on the time
spent in the aggregate for each activity.
   (4)  Establish overhead charge-back limitations, including, but
not limited to, charge-back limitations on charges relating to
reimbursement of services provided to the  department
  state board  by other departments and agencies of
the state, that reasonably relate to the performance of the
function.
   (5)  Provide appropriate invoice controls.