Bill Text: CA SB427 | 2017-2018 | Regular Session | Chaptered
Bill Title: Public water systems: community water systems: lead user service lines.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-09-11 - Chaptered by Secretary of State. Chapter 238, Statutes of 2017. [SB427 Detail]
Download: California-2017-SB427-Chaptered.html
| Senate Bill No. 427 |
| CHAPTER 238 |
An act to amend Section 116885 of, and to add Section 116890 to, the Health and Safety Code, relating to drinking water.
[
Approved by
Governor
September 11, 2017.
Filed with
Secretary of State
September 11, 2017.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 427, Leyva.
Public water systems: community water systems: lead user service lines.
(1) Existing law prohibits the use of 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 as specified.
Existing law requires, by July 1, 2018, a public water system to compile an inventory of known lead user service lines in use in its distribution system and identify areas that may have lead user service lines in use in its distribution system.
This bill would apply the above-described provisions relating to lead user service lines to a community water system, instead of a public water system, and would require, by July 1, 2020, the community water system to provide
a timeline for replacement of known lead user service lines in use in its distribution system to the State Water Resources Control Board. The bill, by July 1, 2020, would require a community water system that has identified areas that may have lead user service lines in use in its distribution system to (a) provide to the state board its determination as to whether there are any lead user service lines in use in those areas of its distribution system and provide a timeline to the state board for replacement of those lead use service lines, and (b) provide findings as to whether
there are any areas for which it cannot determine the content of the user service lines and a timeline for the replacement of those user 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 punished as a misdemeanor.
This bill would specifically authorize the state board to apply and enforce these provisions relating to lead user service lines in community water systems under the California Safe Drinking Water Act and would make a violation of a provision in (1) a violation for purposes of the act. Because a misstatement in the above-described compiled inventory would be a crime, and a violation of an order issued by the state board relating to the use of any pipe, pipe or plumbing fitting or fixture, solder, or flux that is not lead free, as specified, would be a
crime, this bill would impose a state-mandated local program by expanding the scope of a crime.
(3) 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.
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 116885 of the Health and Safety Code is amended to read:116885.
(a) By July 1, 2018, a community water system shall compile an inventory of known lead user service lines in use in its distribution system and identify areas that may have lead user service lines in use in its distribution system.(b) (1) By July 1, 2020, a community water system that has identified known lead user
service lines in use in its distribution system as provided in subdivision (a) shall provide a timeline for replacement of known lead user service lines in use in its distribution system to the state board.
(2) By July 1, 2020, a community water system that has identified areas that may have lead user service lines in use in its distribution system as provided for in subdivision (a) shall do both of the following:
(A) Provide to the state board its determination as to whether there are any lead user service lines in use in those areas of its distribution system and provide a timeline to the state board for replacement
of those lead user service lines that the community water system has identified.
(B) Provide its findings as to whether there are any areas for which it cannot determine the content of the user service lines and a timeline to the state board for replacement of the user service lines whose content cannot be determined.
(c) The state board shall review and approve a timeline established pursuant to subdivision (b) as follows:
(1) The state board shall review a
community water system’s proposed timeline for lead user service line replacement and, within 30 days of submission of the timeline to the state board, do either of the following:
(A) Approve the proposed timeline.
(B) Deny the proposed timeline and propose a revised timeline to the community water system. The state board shall explain to the community water system, in writing, why the
community water system’s timeline was not approved, the factors that the state board used to propose a revised timeline, and why the state board used those factors.
(2) If the state board fails to act within 30 days of the submission of the timeline, the timeline shall be deemed approved.
(3) If the public water system rejects the state board’s proposed revised timeline, the public water system and the state board shall develop a compromise timeline within 30 days.
(4) An approved timeline or a compromise timeline shall be a public record and available on the state board’s Internet Web site.
(5) In cases where a portion of a community water system’s distribution system is located within a Superfund site, as designated under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.), under an active cleanup order, the state board shall not propose a timeline for lead user service line replacement that does not
conform to any applicable federal regulatory requirements or timelines.
SEC. 2.
Section 116890 is added to the Health and Safety Code, to read:116890.
(a) For purposes of this article, the following definitions apply:(1) “Community water system” has the same meaning as in Section 116275.
(2) “Public water system” has the same meaning as in Section 116275.
(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) The state board may apply the requirements of
subdivision (a) of Section 116875 and Section 116885 to, and enforce the requirements of those provisions against, public water systems and community water systems under 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 subdivision (a) of Section 116875 or Section 116885 by a public water system is a violation of Chapter 4 (commencing with Section 116270).
