Bill Text: CA SB385 | 2015-2016 | Regular Session | Introduced

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

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Bill Title: Primary drinking water standards: hexavalent chromium: compliance plan.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-09-04 - Chaptered by Secretary of State. Chapter 272, Statutes of 2015. [SB385 Detail]

Download: California-2015-SB385-Introduced.html

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BILL NUMBER: SB 385	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hueso
   (Principal coauthors: Assembly Members Alejo and Eduardo Garcia)
   (Coauthors: Senators Cannella and Stone)
   (Coauthor: Assembly Member Mayes)

                        FEBRUARY 24, 2015

   An act to add and repeal Section 116431 of the Health and Safety
Code, relating to drinking water, and declaring the urgency thereof,
to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 385, as introduced, Hueso. Primary drinking water standards:
variances: hexavalent chromium.
   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
required a primary drinking water standard to be established for
hexavalent chromium by January 1, 2004. 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.
   This bill would authorize, until January 1, 2020, the state board,
at the request of a public water system, to grant a variance from
the primary drinking water standard for hexavalent chromium if the
public water system prepares and submits a compliance plan, the state
board approves the compliance plan, the public water system provides
specified notice requirements regarding the compliance plan to its
customers, and the public water system sends annual reports to the
state board that updates the status of the approved compliance plan.
The bill would require the compliance plan to describe the actions
the public water system is taking and will take to comply with the
primary drinking water standard for hexavalent chromium by the
earliest feasible date, include the public water system's best
estimate of the funding required for compliance, and the actions the
public water system will take to secure funding.
   The bill would authorize the state board to direct revisions to
the compliance plan or previously approved compliance plan, if the
board makes certain determinations and would make a variance
ineffective under certain circumstances, including if the public
water system does not submit a revised compliance plan or the revised
compliance plan is disapproved. The bill would authorize the state
board to adopt emergency regulations to implement these provisions,
to be in effect for no more than 2 years. To the extent that a public
water system, when requesting a variance or submitting a report
pursuant to these provisions, would violate certain provisions of the
act, 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.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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) At the request of any public water system, the state
board may grant a variance from the primary drinking water standard
for hexavalent chromium, if all of the following conditions are met:
   (1) (A) The public water system has prepared and submitted a
compliance plan, as described in subparagraph (B), to the state board
for approval.
   (B) The compliance plan shall describe the actions the public
water system is taking and will take by milestone dates to comply
with the primary drinking water standard for hexavalent chromium by
the earliest feasible date. The actions may include, but are not
limited to, planning, designing, permitting, financing, constructing,
testing, and activating treatment facilities or other capital
improvements. The compliance plan shall include the public water
system's best estimate of the funding required for compliance and the
actions that the public water system will take to secure the
funding. In no event shall the earliest feasible date exceed five
years from the date on which compliance otherwise would be required.
   (2) The state board has reviewed the compliance plan, identified
any changes needed to ensure compliance with the primary drinking
water standard for hexavalent chromium by the earliest feasible date,
and approved the plan. The state board shall ensure that the public
water system has reviewed available funding sources, cleanup and
treatment technologies, and other options to achieve and maintain
compliance of the primary drinking water standard by the earliest
feasible date.
   (3) The public water system provides written notice regarding the
compliance plan to its customers at least two times per year. The
written notice shall meet the translation requirements provided in
subdivision (h) of Section 116450 and shall include notice of all of
the following:
   (A) That the public water system is implementing the compliance
plan that has been approved by the state board and that demonstrates
the public water system is taking the needed feasible actions to
comply with the primary drinking water standard for hexavalent
chromium. The notice shall summarize those actions in a form and
manner determined by the state board. For notices after the initial
notice, the public water system shall update information
demonstrating progress implementing the compliance plan.
   (B) That the public water system's customers have an alternative
to consuming tap water and that the public water system can provide
information on that alternative. The notice shall identify where the
customer can obtain that information.
   (4) Every 12 months following the state board's approval of the
compliance plan, the public water system shall submit a written
report to the state board, for the state board's approval, that
updates the status of actions specified in the state board-approved
compliance plan and that specifies any changes to the compliance plan
that are needed to achieve compliance with the primary drinking
water standard for hexavalent chromium by the earliest feasible date.
Approval of a report with changes to the compliance plan shall
result in an approved revised compliance plan.
   (b) A public water system that has requested, or has been granted,
a variance pursuant to this section shall not be deemed in violation
of the primary drinking water standard for hexavalent chromium while
the request for a variance is pending or while the variance is in
effect.
   (c) At any time, the state board may direct revisions to a
compliance plan if the state board determines that the compliance
plan is insufficient or may disapprove an annual report if the state
board determines that the annual report fails to demonstrate that the
public water system is complying with the approved compliance plan
by the milestone dates. In these instances, the state board shall
provide the public water system with written notice specifying the
reason for the required revisions or disapproval and the deficiencies
that shall be addressed before the compliance plan is resubmitted.
   (d) A previously approved compliance plan that the state board
requires to be revised, or an annual report that is disapproved by
the state board, may be revised and resubmitted by the public water
system for state board approval within 60 days of receipt of the
notice required by subdivision (c). A public water system shall not
be deemed in violation of the primary drinking water standard for
hexavalent chromium for 60 days following receipt of this notice. A
variance granted pursuant to subdivision (a) shall not be effective
for any public water system that fails to submit a revised compliance
plan or revised annual report within 60 days of receiving the
notice, or that submits a revised compliance plan or revised annual
report that is subsequently disapproved.
   (e) (1) Except as provided in paragraph (2), the state board may
adopt emergency regulations in accordance Section 11346.1 of the
Government Code in order to implement this section.
   (2) The emergency regulations shall remain in effect for a period
not to exceed two years during which time the state board shall go
back and adopt the regulations in conformity with the provisions of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
   (f) (1) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
   (2) A variance granted by the state board pursuant to this section
before January 1, 2020, shall continue in effect until the state
board determines that the variance is no longer in effect pursuant to
subdivision (d) or until the earliest feasible compliance date, as
specified by the compliance plan.
  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.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   The state's regulation setting the new maximum contaminant level
for hexavalent chromium VI went into effect on July 1, 2014. The
regulation required that the initial compliance monitoring under the
regulation be performed by January 1, 2015. Public water systems need
to take major compliance actions, such as designing, financing, and
constructing water treatment facilities, to comply with the new
regulation. To avoid the systems being deemed in violation of the
regulation in 2015, and for a limited time period thereafter, it is
necessary for this act, which authorizes a time-limited variance, to
take effect immediately.