AB 1438: State Water Resources Control Board: environmental laboratories: public water systems: certificates and permits: procedures.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-09-27
(1)Existing law, the Environmental Laboratory Accreditation Act, requires certain laboratories that conduct analyses of environmental samples for regulatory purposes to obtain a certificate of accreditation from the State Water Resources Control Board. The act requires an accredited laboratory to report, in a timely fashion and in accordance with the request for analysis, the full and complete results of all detected contaminants and pollutants to the person or entity that submitted the material for testing. The act authorizes the state board to adopt regulations to establish reporting requirements, establish the accreditation procedures, recognize the accreditation of laboratories located outside California, and collect laboratory accreditation fees. The act requires fees and civil penalties collected under the act to be deposited in the Environmental Laboratory Improvement Fund and that moneys in the fund be available for expenditure by the board, upon appropriation by the Legislature, for the purposes of the act. Existing law authorizes the state board to implement these provisions by entering and inspecting laboratories for these purposes, as specified. Existing law makes it a crime to interfere with the state board with regard to those inspection provisions.
This bill would revise and recast those provisions. The bill would, among other things, update obsolete references under those provisions with regard to the state board and the State Department of Public Health, and would update references to national accreditation and training standards that are applicable to laboratories that are accredited or certified under these provisions. The bill would modify provisions relating to petitions for reconsideration with regard to denials of certain applications for certification or accreditation, as specified. The bill would authorize the state board to require an owner of a laboratory under these provisions to provide certain information or records to the state board, as specified. Because a violation of those provisions would be a crime, the bill would impose a state-mandated local program. The bill would also set forth a hearing process with regard to the suspension or revocation of a certification or accreditation issued under these provisions, as specified. The bill would update provisions relating to civil penalties, as specified.
(2)Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health and vests with the state board specified responsibilities. The act prohibits a person from operating a public water system unless he or she first submits an application to the state board and receives a permit, as specified, and allows the state board to impose permit conditions, requirements for system improvements, and time schedules as the state board deems necessary to ensure an affordable, reliable, and adequate supply of water at all times that is pure, wholesome, and potable. Existing law requires the state board to appoint a deputy director to oversee the issuance and enforcement of public water system permits and delegates certain authorities of the state board to the deputy director. The act authorizes an applicant to appeal a decision or action of the deputy director taken pursuant to these permitting provisions to the state board.
The act authorizes the state board, after notice and hearing, to suspend or revoke a permit if the state board determines that the permittee is in violation of the act or has made a false statement or representation on an application, record, or report maintained and submitted for purposes of compliance with the act. The act allows the state board to temporarily suspend a permit before a hearing when necessary to prevent an imminent or substantial danger to health, as specified, requires the state board to hold a hearing and give notice on the temporary suspension, as specified, and requires that notice of the hearing be given within 15 days of the effective date of suspension.
This bill would revise and recast these provisions. The bill would instead allow the applicant to petition the state board for reconsideration of, instead of appealing, a decision or action of the deputy director with regard to issuance of a public water system permit. The bill would set forth a hearing process, including notice, with regard to the suspension, revocation, or temporary suspension of a public water system permit, as specified. The bill would authorize, within 30 days of issuance of specified orders, decisions, or final actions of an officer or employee of the state board, the person subject to the order, decision, or final action to petition the state board for reconsideration.
(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.
(1)Existing law, the Environmental Laboratory Accreditation Act, requires certain laboratories that conduct analyses of environmental samples for regulatory purposes to obtain a certificate of accreditation from the State Water Resources Control Board. The act requires an accredited laboratory to report, in a timely fashion and in accordance with the request for analysis, the full and complete results of all detected contaminants and pollutants to the person or entity that submitted the material for testing. The act authorizes the state board to adopt regulations to establish reporting requirements, establish the accreditation procedures, recognize the accreditation of laboratories located outside California, and collect laboratory accreditation fees. The act requires fees and civil penalties collected under the act to be deposited in the Environmental Laboratory Improvement Fund and that moneys in the fund be available for expenditure by the board, upon appropriation by the Legislature, for the purposes of the act. Existing law authorizes the state board to implement these provisions by entering and inspecting laboratories for these purposes, as specified. Existing law makes it a crime to interfere with the state board with regard to those inspection provisions.
This bill would revise and recast those provisions. The bill would, among other things, update obsolete references under those provisions with regard to the state board and the State Department of Public Health, and would update references to national accreditation and training standards that are applicable to laboratories that are accredited or certified under these provisions. The bill would modify provisions relating to petitions for reconsideration with regard to denials of certain applications for certification or accreditation, as specified. The bill would authorize the state board to require an owner of a laboratory under these provisions to provide certain information or records to the state board, as specified. Because a violation of those provisions would be a crime, the bill would impose a state-mandated local program. The bill would also set forth a hearing process with regard to the suspension or revocation of a certification or accreditation issued under these provisions, as specified. The bill would update provisions relating to civil penalties, as specified.
(2)Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health and vests with the state board specified responsibilities. The act prohibits a person from operating a public water system unless he or she first submits an application to the state board and receives a permit, as specified, and allows the state board to impose permit conditions, requirements for system improvements, and time schedules as the state board deems necessary to ensure an affordable, reliable, and adequate supply of water at all times that is pure, wholesome, and potable. Existing law requires the state board to appoint a deputy director to oversee the issuance and enforcement of public water system permits and delegates certain authorities of the state board to the deputy director. The act authorizes an applicant to appeal a decision or action of the deputy director taken pursuant to these permitting provisions to the state board.
The act authorizes the state board, after notice and hearing, to suspend or revoke a permit if the state board determines that the permittee is in violation of the act or has made a false statement or representation on an application, record, or report maintained and submitted for purposes of compliance with the act. The act allows the state board to temporarily suspend a permit before a hearing when necessary to prevent an imminent or substantial danger to health, as specified, requires the state board to hold a hearing and give notice on the temporary suspension, as specified, and requires that notice of the hearing be given within 15 days of the effective date of suspension.
This bill would revise and recast these provisions. The bill would instead allow the applicant to petition the state board for reconsideration of, instead of appealing, a decision or action of the deputy director with regard to issuance of a public water system permit. The bill would set forth a hearing process, including notice, with regard to the suspension, revocation, or temporary suspension of a public water system permit, as specified. The bill would authorize, within 30 days of issuance of specified orders, decisions, or final actions of an officer or employee of the state board, the person subject to the order, decision, or final action to petition the state board for reconsideration.
(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.
(1)Existing law, the Environmental Laboratory Accreditation Act, requires certain laboratories that conduct analyses of environmental samples for regulatory purposes to obtain a certificate of accreditation from the State Water Resources Control Board. The act requires an accredited laboratory to report, in a timely fashion and in accordance with the request for analysis, the full and complete results of all detected contaminants and pollutants to the person or entity that submitted the material for testing. The act authorizes the state board to adopt regulations to establish reporting requirements, establish the accreditation procedures, recognize the accreditation of laboratories located outside California, and collect laboratory accreditation fees. The act requires fees and civil penalties collected under the act to be deposited in the Environmental Laboratory Improvement Fund and that moneys in the fund be available for expenditure by the board, upon appropriation by the Legislature, for the purposes of the act. Existing law authorizes the state board to implement these provisions by entering and inspecting laboratories for these purposes, as specified. Existing law makes it a crime to interfere with the state board with regard to those inspection provisions.
This bill would revise and recast those provisions. The bill would, among other things, update obsolete references under those provisions with regard to the state board and the State Department of Public Health, and would update references to national accreditation and training standards that are applicable to laboratories that are accredited or certified under these provisions. The bill would modify provisions relating to petitions for reconsideration with regard to denials of certain applications for certification or accreditation, as specified. The bill would authorize the state board to require an owner of a laboratory under these provisions to provide certain information or records to the state board, as specified. Because a violation of those provisions would be a crime, the bill would impose a state-mandated local program. The bill would also set forth a hearing process with regard to the suspension or revocation of a certification or accreditation issued under these provisions, as specified. The bill would update provisions relating to civil penalties, as specified.
(2)Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health and vests with the state board specified responsibilities. The act prohibits a person from operating a public water system unless he or she first submits an application to the state board and receives a permit, as specified, and allows the state board to impose permit conditions, requirements for system improvements, and time schedules as the state board deems necessary to ensure an affordable, reliable, and adequate supply of water at all times that is pure, wholesome, and potable. Existing law requires the state board to appoint a deputy director to oversee the issuance and enforcement of public water system permits and delegates certain authorities of the state board to the deputy director. The act authorizes an applicant to appeal a decision or action of the deputy director taken pursuant to these permitting provisions to the state board.
The act authorizes the state board, after notice and hearing, to suspend or revoke a permit if the state board determines that the permittee is in violation of the act or has made a false statement or representation on an application, record, or report maintained and submitted for purposes of compliance with the act. The act allows the state board to temporarily suspend a permit before a hearing when necessary to prevent an imminent or substantial danger to health, as specified, requires the state board to hold a hearing and give notice on the temporary suspension, as specified, and requires that notice of the hearing be given within 15 days of the effective date of suspension.
This bill would revise and recast these provisions. The bill would instead allow the applicant to petition the state board for reconsideration of, instead of appealing, a decision or action of the deputy director with regard to issuance of a public water system permit. The bill would set forth a hearing process, including notice, with regard to the suspension, revocation, or temporary suspension of a public water system permit, as specified. The bill would authorize, within 30 days of issuance of specified orders, decisions, or final actions of an officer or employee of the state board, the person subject to the order, decision, or final action to petition the state board for reconsideration.
(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.
(a)This article shall be known, and may be cited, as the Environmental Laboratory Accreditation Act.
(b)Laboratories that perform analyses on any combination of environmental samples, or raw or processed agricultural products for regulatory purposes shall obtain a certificate of accreditation pursuant to this article.
(c)Unless the express language or context requires otherwise, the definitions in this article shall govern the construction of the article.
(1)Accreditation means the recognition of a laboratory by the state board to conduct analyses of environmental samples for regulatory purposes.
(2)Assessor body means the organization that actually executes the accreditation process, including receiving and reviewing applications, documents, PT sample results, and onsite assessments.
(3)Certificate means a document issued by the state board to a laboratory that has received accreditation pursuant to this article.
(4)Department means the state board.
(5)ELAP means state accreditation program established under this article.
(6)Environmental samples means potable and nonpotable surface waters or groundwaters, soils and sediments, hazardous wastes, biological materials, or any other sample designated for regulatory purposes.
(7)Proficiency testing (PT) is a means of evaluating a laboratorys performance under controlled conditions relative to a given set of criteria through analysis of unknown samples provided by an external source.
(8)PT sample means a sample used for proficiency testing.
(9)Regulatory purposes means a statutory or regulatory requirement of a state board, office, or department, or of a division or program that requires a laboratory certified under this article or of any other state or federal agency that requires a laboratory to be accredited.
(10)Revocation means the permanent loss of a certificate of accreditation, including all units and fields of accreditation for state accreditation and all fields of accreditation for TNI accreditation.
(11)State accreditation means accreditation of a laboratory, that has met the requirements of this article and regulations adopted by the state board pursuant to this article.
(12)State board means the State Water Resources Control Board.
(13)Suspension means the temporary loss of a certificate of accreditation or a unit or field of accreditation.
(14)TNI means The NELAC Institute, a nonprofit corporation created to combine the functions of the National Environmental Laboratory Accreditation Conference and the Institute for National Environmental Laboratory Accreditation.
(15)TNI accreditation means the accreditation of a laboratory that has met the requirements of TNI standards, and the requirements of this article.
(16)TNI accredited laboratory means a laboratory that has met the standards of TNI and has been accredited by a primary or secondary TNI-recognized accrediting body.
(17)TNI-recognized accrediting body means a state agency that is authorized by TNI to accredit laboratories.
(18)TNI-recognized primary accrediting authority means a state agency that is responsible for the accreditation of environmental laboratories within that state or that performs the primary accreditation of a lab from a non-TNI state or where the laboratorys home state does not offer accreditation in a given field of accreditation.
(19)TNI-recognized secondary accrediting authority means a state agency that is authorized by TNI to accredit environmental laboratories within that state that have been accredited by a TNI-approved accrediting authority in another state.
(20)TNI standards means the laboratory standards adopted by TNI.
SEC. 2.Section 100829 of the Health and Safety Code is amended to read:100829.The State Water Resources Control Board may do all of the following related to accrediting environmental laboratories in the state:
(a)Offer both state accreditation and TNI accreditation, which shall be considered equivalent for regulatory activities covered by this article.
(b)Adopt regulations to establish the accreditation procedures for both types of accreditation.
(c)Retain exclusive authority to grant TNI accreditation.
(d)Accept certificates of accreditation from laboratories that have been accredited by other TNI-recognized accrediting authorities.
(e)Adopt regulations to establish procedures for recognizing the accreditation of laboratories located outside California for activities regulated under this article.
(f)(1)Adopt a schedule of fees to recover costs incurred for the accreditation of environmental laboratories. Consistent with Section 3 of Article XIIIA of the California Constitution, the state board shall set the fees under this section in an amount sufficient to recover all reasonable regulatory costs incurred for the purposes of this article.
(2)The state board shall set the amount of total revenue collected each year through the fee schedule at an amount equal to the amount appropriated by the Legislature in the annual Budget Act from the Environmental Laboratory Improvement Fund for expenditure for the administration of this article, taking into account the reserves in the Environmental Laboratory Improvement Fund. The state board shall review and revise the fees each fiscal year as necessary to conform with the amounts appropriated by the Legislature. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the amounts appropriated by the Legislature, the state board may further adjust the fees to compensate for the over or under collection of revenue.
(3)The state board shall adopt the schedule of fees by emergency regulation. The emergency regulations may include provisions concerning the administration and collection of the fees. Any emergency regulations adopted pursuant to this section, any amendment to those regulations, or subsequent adjustments to the annual fees, shall be adopted by the state board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, are not subject to review by the Office of Administrative Law and remain in effect until revised by the state board.
(4)Fees shall be set for the two types of accreditation provided for in subdivision (a), including application fees.
(5)Programs operated under this article shall be fully fee-supported.
SEC. 3.Section 100837 of the Health and Safety Code is amended to read:100837.The state board may contract with approved third-party laboratory assessor bodies in accordance with the criteria developed by the TNI or a federal agency.
SEC. 4.Section 100840 of the Health and Safety Code is amended to read:100840.Any laboratory requesting ELAP certification or TNI accreditation under this article shall file with the state board an application on forms prescribed by the state board containing all of the following:
(a)The names of the applicant and the laboratory.
(b)The location of the laboratory.
(c)A list of fields of testing for which the laboratory is seeking certification.
(d)Evidence satisfactory to the state board that the applicant has the ability to comply with this article and the regulations adopted under this article.
(e)Any other information required by the state board for administration or enforcement of this article or regulations adopted under this article.
SEC. 5.Section 100847 of the Health and Safety Code is amended to read:100847.(a)The period of accreditation for TNI accredited laboratories shall be 12 months. An application for renewal shall be filed with the state board prior to the expiration date of the accreditation. Failure to make timely application for renewal shall result in expiration of the accreditation.
(b)The accrediting authority shall be notified in writing within 30 calendar days of the sale or other transfer of ownership of a TNI accredited laboratory.
(c)The accrediting authority shall be notified in writing within 30 calendar days of the change in location of a TNI accredited laboratory, other than a mobile laboratory.
(d)The accrediting authority shall be notified within 30 calendar days whenever there is a change of laboratory director, or other individual in charge of the laboratory.
(e)TNI accredited laboratories shall conspicuously display their most recent TNI accreditation certificate or their accreditation fields of testing, or both, in a permanent place in their laboratory.
(f)TNI accredited laboratories shall not use their TNI accreditation document or their accreditation status to imply any endorsement by the accrediting authority.
SEC. 6.Section 100850 of the Health and Safety Code is amended to read:100850.(a)Upon the filing of an application for ELAP certification or TNI accreditation and after a finding by the state board that there is full compliance with this article and regulations adopted under this article, the state board shall issue to the owner certification or accreditation in the fields of testing for which the laboratory is seeking certification and with respect to which the state board has determined there is full compliance.
(b)The state board shall deny or revoke a certificate if it finds any of the following:
(1)The laboratory fails to report acceptable results in the analysis of proficiency testing samples.
(2)The laboratory fails to analyze proficiency testing samples.
(3)The laboratory submits, as its own, proficiency testing sample results generated by another laboratory.
(4)The laboratory fails to pass an onsite assessment.
(5)The laboratory is not in compliance with any other provision of this article or regulations adopted under this article.
(c)Upon the filing of a complete application for certification or accreditation pursuant to subdivision (a) and Section 100870, the state board may issue to a laboratory interim certification or accreditation pending the completion of onsite assessment. Interim certification and accreditation shall be nonrenewable and shall remain in effect until certification and accreditation is either granted under subdivision (a) or denied under subdivision (b), but not later than one year after the date of issuance.
SEC. 7.Section 100851 of the Health and Safety Code is amended to read:100851.(a)An application for TNI accreditation or renewal of TNI accreditation shall be denied by the accrediting body for any of the following reasons:
(1)Failure to submit all information necessary to determine the laboratorys eligibility for its accreditation or continued compliance with this section or regulations adopted thereunder.
(2)Failure of the laboratory staff to meet TNI standards for personnel requirements. These qualifications may include education, training, and experience requirements.
(3)Failure to successfully analyze and report proficiency testing samples.
(4)Failure to respond to a deficiency report from the onsite assessment with a corrective action report within 30 calendar days of the receipt of the report.
(5)Failure to implement the corrective actions detailed in the corrective action report within the specified amount of time.
(6)Misrepresentation of any material fact pertinent to receiving or maintaining TNI accreditation.
(b)The TNI recognized accrediting body may suspend the accreditation of a TNI accredited laboratory, in whole or in part, for failure to correct the deficiencies, within a specified amount of time, as identified in the onsite assessment. The laboratory shall retain those areas of accreditation where it continues to meet the requirements of the accrediting body. A suspended TNI accredited laboratory shall not be required to reapply for accreditation if the causes for suspension are corrected within six months.
(c)The TNI approved accrediting body shall suspend a TNI accreditation in whole or in part for the following reasons:
(1)Failure to complete proficiency testing studies.
(2)Failure to maintain a history of at least two successful, out of the most recent three, proficiency testing studies for each affected accreditation field of testing, subgroup, or analyze for which the laboratory is accredited.
(3)Failure to successfully analyze and report proficiency testing sample results pursuant to TNI standards.
(4)Failure to submit an acceptable corrective action report in response to a deficiency report and failure to implement corrective action related to any deficiencies found during laboratory assessments within the required time period, as required by the TNI standards.
(5)Failure to notify the accrediting body of any changes in key accreditation criteria, as required by TNI standards.
(6)Failure to perform all accredited tests in accordance with TNI standards.
(7)Failure to meet all applicable quality system requirements in TNI standards.
(d)A suspended laboratory shall not be required to reapply for any TNI accreditation if the causes for suspension are corrected within six months. A suspended laboratory may not continue to analyze samples for the affected fields of testing for which it holds accreditation. A suspended laboratory shall remain suspended without a right to appeal if the suspension is caused by unacceptable proficiency testing sample results.
(e)If a laboratory is unable to correct the reason for suspension, the laboratorys accreditation shall be revoked in whole or in part.
(f)A laboratorys accreditation may not be suspended without the right to due process, as set forth in TNI standards.
SEC. 8.Section 100852 of the Health and Safety Code is amended to read:100852.(a)Notwithstanding any other law, the state board may issue a certificate to the owner of a laboratory in a field of testing or method adopted by the federal Environmental Protection Agency pursuant to Part 136 of Title 40 of the Code of Federal Regulations, as amended September 11, 1992, as published in the Federal Register (57 FR 41830), or Part 141 of Title 40 of the Code of Federal Regulations, as amended July 17, 1992, as published in the Federal Register (57 FR 31776), and as subsequently amended and published in the Code of Federal Regulations.
(b)As a TNI recognized accrediting body, the state board shall accept performance based measurement system methods, when mandated methods are indicated. A fee, as specified in regulations adopted by the state board, may be charged for the review of each performance based measurement system method.
(c)Notwithstanding any other provision of law, the state board shall not be required to meet the requirements of Chapter 3.5 (commencing with Section 11340) of the Government Code in order to issue a certificate pursuant to subdivision (a).
SEC. 9.Section 100855 of the Health and Safety Code is repealed.SEC. 10.Section 100855 is added to the Health and Safety Code, to read:100855.Upon the denial of an application for ELAP certification or TNI accreditation, the state board shall immediately notify the applicant or organization by certified mail, return receipt requested, of the action and the reasons for the action. The owner of a laboratory may petition for reconsideration under Section 116701.
SEC. 11.Section 100862 of the Health and Safety Code is amended to read:100862.(a)At the time of application for TNI accreditation and annually thereafter, from the date of the issuance of the accreditation, a laboratory shall pay a TNI accreditation fee, according to the fee schedule established by the state board pursuant to Section 100829.
(b)In addition to the payment of fees authorized by Section 100829, laboratories accredited or applying for accreditation shall pay directly to the designated proficiency testing provider the cost of the proficiency testing studies.
SEC. 12.Section 100865 of the Health and Safety Code is amended to read:100865.(a)In order to carry out the purpose of this article, any duly authorized representative of the state board may do the following:
(1)Enter and inspect a laboratory that is ELAP certified or TNI accredited pursuant to this article or that has applied for ELAP certification or TNI accreditation.
(2)Inspect and photograph any portion of the laboratory, equipment, any activity, or any samples taken, or copy and photograph any records, reports, test results, or other information related solely to certification under this article or regulations adopted pursuant to this article.
(3)Require an owner of a laboratory to provide, within 15 days of receiving a request from a duly authorized representative of the state board, reports, test results, and other information required to implement this article, including, but not limited to, applicable standard operating procedures, quality control or quality assurance manuals, quality control or quality assurance data, employee qualifications, training records, or information relating to accreditation with another state or agency. The state board may require a laboratory to conduct proficiency testing in any of the laboratorys accredited fields of testing.
(b)It shall be a misdemeanor for any person to prevent, interfere with, or attempt to impede in any way, any duly authorized representative of the state board from undertaking the activities authorized by this section.
(c)If a laboratory that is seeking ELAP certification, TNI accreditation, ELAP recertification, or TNI reaccreditation refuses entry of a duly authorized representative during normal business hours for either an announced or unannounced onsite assessment, the certification, accreditation, recertification, or reaccreditation shall be denied or revoked.
(d)Refusal of a request by a TNI approved accrediting authority, the state board, or any employee, agent, or contractor of the state board, for permission to inspect, pursuant to this section, the laboratory and its operations and pertinent records during the hours the laboratory is in operation shall result in denial or revocation of ELAP certification or TNI accreditation.
SEC. 13.Section 100870 of the Health and Safety Code is amended to read:100870.(a)Any laboratory that is ELAP certified or holds TNI accreditation or has applied for ELAP certification or TNI accreditation or for renewal of ELAP certification or TNI accreditation under this article shall analyze proficiency testing samples, if these testing samples are available. The state board shall have the authority to contract with third parties for the provision of proficiency testing samples for those laboratories that hold or are applying for ELAP certification. The samples shall be tested by the laboratory according to methods specifically approved for this purpose by the United States government or the state board, or alternate methods of demonstrated adequacy or equivalence, as determined by the state board. Proficiency testing sample sets shall be provided, when available, not less than twice, nor more than four times, a year to each certified laboratory that performs analyses of food for pesticide residues.
(b)(1)The state board may provide, directly or indirectly, proficiency testing samples to a laboratory for the purpose of determining compliance with this article with or without identifying the state board.
(2)When the state board identifies itself, all of the following shall apply:
(A)The results of the testing shall be submitted to the state board on forms provided by the state board on or before the date specified by the state board, and shall be used in determining the competency of the laboratory.
(B)There shall be no charge to the state board for the analysis.
(3)When the state board does not identify itself, the state board shall pay the price requested by the laboratory for the analyses.
(c)If a certified or TNI accredited laboratory submits proficiency testing sample results generated by another laboratory as its own, the certification or TNI accreditation shall be immediately revoked.
(d)Laboratories shall obtain their proficiency testing samples from proficiency testing sample providers that meet TNI standards. Laboratories shall bear the cost of any proficiency testing study fee charged for participation. Each laboratory shall authorize the providers of proficiency testing samples to release the report of the study results directly to the state board, as well as to the laboratory.
SEC. 14.Section 100872 of the Health and Safety Code is amended to read:100872.(a)An ELAP certified laboratory shall successfully analyze proficiency testing samples for those fields of testing for which they are certified, not less than once a year, where applicable. Proficiency testing procedures shall be approved by the United States government or by the state board.
(b)A TNI accredited laboratory shall participate in, and meet the success rate for, proficiency testing studies as required in the TNI standards.
(c)The ELAP certified or TNI accredited laboratory shall discontinue the analyses of samples for the fields of testing or subgroups which have been suspended for failure to comply with the proficiency testing requirements in this section.
SEC. 15.Section 100875 of the Health and Safety Code is amended to read:100875.Whenever the state board determines that any laboratory has violated or is violating this article or any certificate, regulation, or standard issued or adopted pursuant to this article, any officer or employee of the state board delegated such authority may issue an order directing compliance forthwith or directing compliance in accordance with a time schedule set by the state board. The owner of a laboratory issued an order under this section may petition for reconsideration under Section 116701.
SEC. 16.Section 100880 of the Health and Safety Code is amended to read:100880.If the state board determines that a laboratory is in violation of this article or any regulation or order issued or adopted pursuant to this article, the state board may, in addition to suspension, denial, or revocation of the certificate or TNI accreditation, issue a citation to the owner of the laboratory. It shall be the function of the recognized accrediting authority to issue citations. The Legislature finds and declares that since TNI is a standard setting body, it cannot, as such, enforce civil or criminal penalties.
(a)The citation shall be served personally or by registered mail.
(b)Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the statutory provision, order, or regulation alleged to have been violated.
(c)The citation shall fix the earliest feasible time for elimination or correction of the condition constituting the violation.
(d)Citations issued pursuant to this section shall specify a civil penalty for each violation, not to exceed one thousand dollars ($1,000), for each day that the violation occurred.
(e)If the owner fails to correct a violation within the time specified in the citation, the state board may assess a civil penalty as follows:
(1)For failure to comply with any citation issued for a violation of this article or a regulation, an amount not to exceed two hundred fifty dollars ($250) for each day that the violation continues beyond the date specified for correction in the citation.
(2)For failure to comply with any citation issued for violation of any state board-issued order, an amount not to exceed two hundred dollars ($200) for each day the violation continues beyond the date specified for correction in the citation.
(f)The owner of a laboratory issued a citation under this section or assessed a penalty under subdivision (e) may petition for reconsideration under Section 116701.
SEC. 17.Section 100885 of the Health and Safety Code is amended to read:100885.(a)Any person who operates a laboratory that performs work that requires certification or TNI accreditation under Section 25198, 25298.5, 25358.4, 110490, or 116390 of this code, or Section 13176 of the Water Code, who is not certified or TNI accredited to do so, may be enjoined from so doing by any court of competent jurisdiction upon suit by the state board.
(b)When the state board determines that any person has engaged in, or is engaged in, any act or practice that constitutes a violation of this article, or any regulation or order issued or adopted thereunder, the state board may bring an action in the superior court for an order enjoining these practices or for an order directing compliance and affording any further relief that may be required to ensure compliance with this article.
SEC. 18.Section 100890 of the Health and Safety Code is amended to read:100890.(a)Any person who knowingly makes any false statement or representation in any application, record, or other document submitted, maintained, or used for purposes of compliance with this article, may be liable, as determined by the court, for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation or, for continuing violations, for each day that violation continues.
(b)Any person who operates a laboratory for purposes specified pursuant to Section 25198, 25298.5, 25358.4, 110490, or 116390 of this code, or Section 13176 of the Water Code that requires certification, who is not certified by the department pursuant to this article, may be liable, as determined by the court, for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation or, for continuing violations, for each day that violation continues.
(c)A laboratory that advertises or holds itself out to the public or its clients as having been certified for any field of testing without having a valid and current certificate in each field of testing identified by the advertisement or other representation may be liable, as determined by the court, for a civil penalty not to exceed one thousand dollars ($1,000) or, for continuing violations, for each day that violation continues.
(d)Each civil penalty imposed for any separate violation pursuant to this section shall be separate and in addition to any other civil penalty imposed pursuant to this section or any other provision of law.
SEC. 19.Section 100895 of the Health and Safety Code is amended to read:100895.(a)Any person who knowingly does any of the following acts may, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment:
(1)Makes any false statement or representation in any application, record, report, or other document submitted, maintained, or used for the purposes of compliance with this article.
(2)Has in his or her possession any record required to be maintained pursuant to this article that has been altered or concealed.
(3)Destroys, alters, or conceals any record required to be maintained pursuant to this article.
(4)Withholds information regarding an imminent and substantial danger to the public health or safety when the information has been requested by the state board in writing and is required to carry out the state boards responsibilities pursuant to this article.
(b)A second or subsequent violation of subdivision (a) is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16, 20, or 24 months or in a county jail for not more than one year, by a fine of not less than two thousand dollars ($2,000) or more than fifty thousand dollars ($50,000) per day of violation, or by both that imprisonment and fine.
(c)An ELAP certified or TNI accredited laboratory, upon suspension, revocation, or withdrawal of its ELAP certification or TNI accreditation, shall do all of the following:
(1)Discontinue use of all catalogs, advertising, business solicitations, proposals, quotations, or their materials that contain reference to their past certification or accreditation status.
(2)Return its ELAP certificate or its TNI accreditation to the state board.
(3)Cease all testing of samples for regulatory purposes.
(d)The penalties cited in subdivisions (a) and (b) shall also apply to TNI accredited laboratories.
SEC. 20.Section 100907 of the Health and Safety Code is amended to read:100907.(a)The state board shall revoke, in whole or in part, the accreditation of a TNI accredited laboratory for either of the following reasons:
(1)Failure to submit an acceptable corrective action report in response to a deficiency report, and failure to implement corrective action related to any deficiencies found during a laboratory assessment. The laboratory may submit two corrective actions within the time limits specified by the accrediting authority.
(2)Failure to successfully analyze and report proficiency testing sample results pursuant to TNI standards.
(b)The state board shall revoke, in whole, the accreditation of a TNI accredited laboratory for any of the following reasons:
(1)Failure to respond with a corrective action report within the required 30-day period.
(2)Failure to participate in the proficiency testing program, as required by TNI standards.
(3)Submittal of proficiency test sample results generated by another laboratory as its own.
(4)Misrepresentation of any material fact pertinent to receiving or maintaining accreditation.
(5)Denial of entry during normal business hours for an onsite assessment, as required by TNI standards.
(6)Conviction of charges for the falsification of any report of, or that relates to, a laboratory analysis.
(c)The state board may also revoke, in whole, a laboratorys accreditation for failure to remit the accreditation fees within the time limit established by the accrediting authority.
(d)After correcting the reason or reasons for revocation, the TNI accredited laboratory may reapply for accreditation no sooner than six months from the official date of revocation.
(e)A laboratorys TNI accreditation shall not be revoked without the right to due process, in accordance with Section 100910.
SEC. 21.Section 100910 of the Health and Safety Code is repealed.SEC. 22.Section 100910 is added to the Health and Safety Code, to read:100910.(a)The state board, after providing notice to the owner of the laboratory and opportunity for a hearing, may suspend or revoke an ELAP certification or TNI accreditation issued pursuant to this article. The notice shall inform the owner of the laboratory that the owner may request a hearing not later than 20 days from the date on which the notice is received, and shall contain a statement of facts and information that show a basis for the suspension or revocation. If the owner submits a timely request for a hearing, the hearing shall be before the state board or a member of the state board, in accordance with Section 183 of the Water Code and the rules for adjudicative proceedings adopted under Section 185 of the Water Code. If the owner does not submit a timely request for a hearing, the state board may suspend or revoke the permit without a hearing.
(b)If the certification or accreditation at issue has been temporarily suspended pursuant to Section 100915, the notice shall be provided within 15 days of the effective date of the temporary suspension order. The hearing shall be commenced as soon as practicable, but no later than 60 days after the effective date of the temporary suspension order, unless the owner requests an extension of the 60-day period.
SEC. 23.Section 100915 of the Health and Safety Code is repealed.SEC. 24.Section 100915 is added to the Health and Safety Code, to read:100915.(a)(1)The state board may temporarily suspend, in whole or in part, ELAP certification or TNI accreditation prior to any hearing, when it has determined that this action is necessary to protect the public. The state board shall notify the owner of the temporary suspension and the effective date of the suspension. The notice shall inform the owner of the laboratory that the owner may request a hearing not later than 20 days from the date on which the notice is received, and shall contain a statement of facts and information that show a basis for the suspension.
(2)(A)If the owner submits a timely request for a hearing, the hearing shall be commenced as soon as possible but no later than 30 calendar days after receipt of the notice or 15 calendar days after the request for a hearing is submitted, whichever is later, unless the owner requests a later date for the hearing. The hearing shall deal only with the issue of whether the temporary suspension shall remain in place pending a hearing under Section 100910.
(B)The hearing shall be conducted under the rules for adjudicative proceedings adopted by the state board under Section 185 of the Water Code.
(C)The temporary suspension shall remain in effect until the hearing is completed and the state board has made a final determination on the merits under Section 100910. However, the temporary suspension shall be deemed vacated if the state board fails to make a final determination on the merits within 60 calendar days after the hearing under Section 100910 has been completed. Vacation of the temporary suspension does not deprive the state board of jurisdiction to proceed with a hearing on the merits under Section 100910.
(b)During the suspension, the laboratory shall discontinue the analysis of samples for the fields of testing specified in the notice.
SEC. 25.Section 100920.5 is added to the Health and Safety Code, to read:100920.5.(a)Within 30 days after service of a copy of a decision or order issued by the state board under this chapter, an aggrieved party may file with the superior court a petition for a writ of mandate for review of the order.
(b)Except as otherwise provided in this section, subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure shall govern proceedings pursuant to this section. For the purposes of subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the court shall uphold the findings of the state board if those findings are supported by substantial evidence in light of the whole record.
(c)If no aggrieved party petitions for a writ of mandate within the time provided by this section, the decision or order of the state board is not subject to review by any court.
SEC. 26.Section 116271 of the Health and Safety Code is amended to read:116271.(a)The state board succeeds to and is vested with all of the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the State Department of Public Health, its predecessors, and its director for purposes of all of the following:
(1)The Environmental Laboratory Accreditation Act (Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101).
(2)Article 3 (commencing with Section 106875) of Chapter 4 of Part 1.
(3)Article 1 (commencing with Section 115825) of Chapter 5 of Part 10.
(4)This chapter and the Safe Drinking Water State Revolving Fund Law of 1997 (Chapter 4.5 (commencing with Section 116760)).
(5)Article 2 (commencing with Section 116800), Article 3 (commencing with Section 116825), and Article 4 (commencing with Section 116875) of Chapter 5.
(6)Chapter 7 (commencing with Section 116975).
(7)The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Division 43 (commencing with Section 75001) of the Public Resources Code).
(8)The Water Recycling Law (Chapter 7 (commencing with Section 13500) of Division 7 of the Water Code).
(9)Chapter 7.3 (commencing with Section 13560) of Division 7 of the Water Code.
(10)The California Safe Drinking Water Bond Law of 1976 (Chapter 10.5 (commencing with Section 13850) of Division 7 of the Water Code).
(11)Wholesale Regional Water System Security and Reliability Act (Division 20.5 (commencing with Section 73500) of the Water Code).
(12)Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Division 26.5 (commencing with Section 79500) of the Water Code).
(b)The state board shall maintain a drinking water program and carry out the duties, responsibilities, and functions described in this section. Statutory reference to department, state department, or director regarding a function transferred to the state board shall refer to the state board. This section does not impair the authority of a local health officer to enforce this chapter or a countys election not to enforce this chapter, as provided in Section 116500.
(c)The state board shall succeed to the status of grantee or applicant, as appropriate, for any federal Drinking Water State Revolving Fund capitalization grants that the State Department of Public Health and any of its predecessors applied for.
(d)Regulations adopted, orders issued, and all other administrative actions taken by the State Department of Public Health, any of its predecessors, or its director, pursuant to the authorities now vested in the state board and in effect immediately preceding the operative date of this section shall remain in effect and are fully enforceable unless and until readopted, amended, or repealed, or until they expire by their own terms. Regulations in the process of adoption pursuant to the authorities vested in the state board shall continue under the authority of the state board unless and until the state board determines otherwise. Any other administrative action adopted, prescribed, taken, or performed by, or on behalf of, the State Department of Public Health, or its director, in the administration of a program or the performance of a duty, responsibility, or authorization transferred to the state board shall remain in effect and shall be deemed to be an action of the state board unless and until the state board determines otherwise.
(e)Permits, licenses, accreditations, certificates, and other formal approvals and authorizations issued by the State Department of Public Health, any of its predecessors, or its director pursuant to authorities vested in the state board pursuant to this section are not affected by the transfer and remain in effect, subject to all applicable laws and regulations, unless and until renewed, reissued, revised, amended, suspended, or revoked by the state board or its deputy director, as authorized pursuant to subdivision (k).
(f)Any action or proceeding by or against the State Department of Public Health, including any officer or employee of the State Department of Public Health named in an official capacity, or any of its predecessors, pertaining to matters vested in the state board by this section shall not abate, but shall continue in the name of the state board. The state board shall be substituted for the State Department of Public Health, including any officer or employee of the State Department of Public Health named in an official capacity, and any of its predecessors, by the court or agency where the action or proceeding is pending. The substitution shall not in any way affect the rights of the parties to the action or proceeding.
(g)On and after the operative date of this section, the unexpended balance of all funds available for use by the State Department of Public Health or any of its predecessors in carrying out any functions transferred to the state board are available for use by the state board.
(h)Books, documents, data, records, and property of the State Department of Public Health pertaining to functions transferred to the state board shall be transferred to the state board. This subdivision does not transfer any part of property commonly known as the Richmond Campus that is owned by the State Public Works Board.
(i)A contract, lease, license, or any other agreement, including local primacy agreements, as described in Section 116330, to which the State Department of Public Health, any of its predecessors, its director, or their agents, is a party, are not void or voidable by reason of this section, but shall continue in full force and effect, with the state board assuming all of the rights, obligations, liabilities, and duties of the State Department of Public Health and any of its predecessors as it relates to the duties, powers, purposes, responsibilities, and jurisdiction vested in the state board pursuant to this section. This assumption does not affect the rights of the parties to the contract, lease, license, or agreement.
(j)If the Department of Water Resources entered into agreements on behalf of the State Department of Public Health or its predecessor, the State Department of Health Services, pursuant to Chapter 4.5 (commencing with Section 116760), the state board shall also succeed the Department of Water Resources as a party to those agreements and to all related security instruments, including, but not limited to, fiscal services agreements, deeds of trust, guarantees, letters of credit, and deposit control agreements.
(k)(1)The state board shall appoint a deputy director who reports to the executive director to oversee the issuance and enforcement of public water system permits and other duties as appropriate. The deputy director shall have public health expertise.
(2)The deputy director is delegated the state boards authority to provide notice, approve notice content, approve emergency notification plans, and take other action pursuant to Article 5 (commencing with Section 116450), to issue, renew, reissue, revise, amend, or deny any public water system permits pursuant to Article 7 (commencing with Section 116525), to suspend or revoke any public water system permit pursuant to Article 8 (commencing with Section 116625), and to issue citations, assess penalties, or issue orders pursuant to Article 9 (commencing with Section 116650). Decisions and actions of the deputy director taken pursuant to Article 5 (commencing with Section 116450) or Article 7 (commencing with Section 116525) are deemed decisions and actions taken by the state board, but are not subject to reconsideration by the state board except as provided in Section 116540. Decisions and actions of the deputy director taken pursuant to Article 8 (commencing with Section 116625) and Article 9 (commencing with Section 116650) are deemed decisions and actions taken by the state board, but any aggrieved person may petition the state board for reconsideration of the decision or action. This subdivision is not a limitation on the state boards authority to delegate any other powers and duties.
(3)The state board shall not delegate any authority, duty, power, purpose, function, or responsibility specified in this section, including, but not limited to, issuance and enforcement of public water system permits, to the regional water quality control boards.
SEC. 27.Section 116425 of the Health and Safety Code is amended to read:116425.(a)The state board may exempt a public water system from a maximum contaminant level or treatment technique requirement if it finds all the following:
(1)The public water system was in operation, or had applied for a permit to operate, on the effective date of the maximum contaminant level or treatment technique requirement.
(2)Due to compelling factors, which may include either of the following factors, the public water system is unable to comply with the maximum contaminant level or treatment technique requirement or to implement measures to develop an alternative water supply:
(A)Economic factors.
(B)The entire service area of the public water system consists of a disadvantaged community, as defined under Section 1452(d) of the federal Safe Drinking Water Act (42 U.S.C. Sec. 300g-5), and meets the affordability criteria established by the department, after review and public hearing.
(3)The granting of the exemption will not result in an unreasonable risk to health.
(4)Management or restructuring changes, or both, cannot reasonably be made that will result in compliance with this chapter or, if compliance cannot be achieved, improve the quality of the drinking water.
(b)If the state board grants a public water system an exemption for a primary drinking water standard under subdivision (a), the state board shall prescribe, at the time the exemption is granted, a schedule for both of the following:
(1)Compliance by the public water system with each contaminant level or treatment technique requirement for which the exemption was granted.
(2)Implementation by the public water system of interim control measures the state board may require for each contaminant or treatment technique requirement for which the exemption was granted.
(c)Any schedule prescribed by the state board pursuant to this section shall require compliance by the public water system with each contaminant level or treatment technique requirement for which the exemption was granted within 12 months from the granting of the exemption.
(d)The final date for compliance with any schedule issued pursuant to this section may be extended by the state board for a period not to exceed three years from the date of the granting of the exemption if the state board finds all of the following:
(1)The system cannot meet the standard without capital improvements that cannot be completed before the date established pursuant to Section 1412(b)(1) of the federal Safe Drinking Water Act (42 U.S.C. 300g-(b)(1)).
(2)In the case of a system that needs financial assistance for the necessary improvements, the system has entered into an agreement to obtain the financial assistance or the system has entered into an enforceable agreement to become part of a regional public water system.
(3)The system is taking all practicable steps to meet the standard.
(e)In the case of a system that does not serve more than a population of 3,300 and that needs financial assistance for the necessary improvements, an exemption granted pursuant to paragraph (2) of subdivision (d) shall not exceed a total of six years.
(f)Prior to the granting of an exemption pursuant to this section, the state board shall provide notice and an opportunity for a public hearing. Notice of any public hearing held pursuant to this section shall be given by the state board in writing to the public water system seeking the exemption and to the public as provided in Section 6061 of the Government Code. A public hearing provided pursuant to this subdivision is not an adjudicative hearing and is not required to comply with Section 100171.
(g)A public water system shall not receive an exemption under this section if the system is granted a variance pursuant to Section 116430.
(h)Unless the state board has already granted an exemption pursuant to subdivision (a), the state board may exempt a public water system from compliance with a maximum contaminant level or treatment technique requirement for up to two years if the state board finds, and continues to find, that a plan submitted by the water system may reasonably be expected to bring the water system into compliance by any of the following means:
(1)The physical consolidation of the system with one or more other systems.
(2)The consolidation of significant management and administrative functions of the system with one or more other systems.
(3)The transfer of ownership of the system.
SEC. 28.Section 116540 of the Health and Safety Code is amended to read:116540.(a)Following completion of the investigation and satisfaction of the requirements of paragraphs (1) and (2), the state board shall issue or deny the permit. The state board may impose permit conditions, requirements for system improvements, technical, financial, or managerial requirements, and time schedules as it deems necessary to ensure a reliable and adequate supply of water at all times that is pure, wholesome, potable, and does not endanger the health of consumers.
(1)A public water system that was not in existence on January 1, 1998, shall not be granted a permit unless the public water system demonstrates to the state board that the water supplier possesses adequate financial, managerial, and technical capability to ensure the delivery of pure, wholesome, and potable drinking water. This section shall also apply to any change of ownership of a public water system.
(2)A permit under this chapter shall not be issued to an association organized under Title 3 (commencing with Section 18000) of the Corporations Code. This section shall not apply to unincorporated associations that, as of December 31, 1990, are holders of a permit issued under this chapter.
(b)Notwithstanding Section 116330, a local primacy agency shall not issue a permit under this article without the concurrence of the state board.
(c)In considering whether to approve a proposed new public water system, the state board shall consider the sustainability of the proposed new public water system and its water supply in the reasonably foreseeable future, in view of global climate change, potential migration of groundwater contamination and other potential treatment needs, and other factors that can significantly erode a systems capacity.
(d)If the state board determines that it is feasible for the service area of the public water system addressed by an application under this article to be served by one or more permitted public water systems identified pursuant to paragraph (1) of subdivision (c) of Section 116527, the state board may deny the permit of a proposed new public water system if it determines, based on its assessment of the preliminary technical report submitted pursuant to Section 116527, the permit application, and other relevant, substantial evidence submitted, that it is reasonably foreseeable that the proposed new public water system will be unable to provide affordable, safe drinking water in the reasonably foreseeable future.
(e)An applicant may petition the state board for reconsideration of a decision of action of the deputy director taken pursuant to this section.
SEC. 29.Section 116625 of the Health and Safety Code is amended to read:116625.(a)The state board, after providing notice to the permittee and opportunity for a hearing, may suspend or revoke any permit issued pursuant to this chapter if the state board determines pursuant to the hearing that the permittee is not complying with the permit, this chapter, or any regulation, standard, or order issued or adopted thereunder, or that the permittee has made a false statement or representation on any application, record, or report maintained or submitted for purposes of compliance with this chapter. If the permittee does not request a hearing within the period specified in the notice, the state board may suspend or revoke the permit without a hearing. If the permittee submits a timely request for a hearing, the hearing shall be before the state board or a member of the state board, in accordance with Section 183 of the Water Code and the rules for adjudicative proceedings adopted under Section 185 of the Water Code. If the permit at issue has been temporarily suspended pursuant to subdivision (b), the notice shall be provided within 15 days of the effective date of the temporary suspension order. The commencement of the hearing under this subdivision shall be as soon as practicable, but no later than 60 days after the effective date of the temporary suspension order, unless the state board grants an extension of the 60 day period upon request of the permittee.
(b)The state board may temporarily suspend any permit issued pursuant to this chapter before any hearing when the action is necessary to prevent an imminent or substantial danger to health. The state board shall notify the permittee of the temporary suspension and the effective date of the temporary suspension and, at the same time, notify the permittee that a hearing has been scheduled. The hearing shall be held as soon as possible, but not later than 15 days after the effective date of the temporary suspension unless the state board grants an extension of the 15 day period upon request of the permittee, and shall deal only with the issue of whether the temporary suspension shall remain in place pending a hearing under subdivision (a). The hearing shall be conducted under the rules for adjudicative proceedings adopted by the state board under Section 185 of the Water Code. The temporary suspension shall remain in effect until the hearing under this subdivision is completed and the state board has made a final determination on the temporary suspension, which shall be made within 15 days after the completion of the hearing unless the state board grants an extension of the 15 day period upon request of the permittee. If the determination is not transmitted within 15 days after the hearing is completed, or any extension of this period requested by the permittee, the temporary suspension shall be of no further effect. Dissolution of the temporary suspension does not deprive the state board of jurisdiction to proceed with a hearing on the merits under subdivision (a).
SEC. 30.Section 116700 of the Health and Safety Code is amended to read:116700.(a)Within 30 days after service of a copy of a decision or order issued by the state board, an aggrieved party may file with the superior court a petition for a writ of mandate for review of the decision or order.
(b)In every case, the court shall exercise its independent judgment on the evidence.
(c)Except as otherwise provided in this section, subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure shall govern proceedings pursuant to this section.
(d)If no aggrieved party petitions for a writ of mandate within the time provided by this section, the decision or order of the state board is not subject to review by any court.
SEC. 31.Section 116701 of the Health and Safety Code is amended to read:116701.(a)(1)Within 30 days of issuance of an order or decision under authority delegated to an officer or employee of the state board under Article 8 (commencing with Section 116625) or Article 9 (commencing with Section 116650), an aggrieved person may petition the state board for reconsideration.
(2)Within 30 days of issuance of an order or decision under authority delegated to an officer or employee of the state board under Section 116540, the applicant may petition the state board for reconsideration.
(3)Within 30 days of final action by an officer or employee of the state board acting under delegated authority, the owner of a laboratory that was the subject of the final action may petition the state board for reconsideration of any of the following actions:
(A)Denial of an application for certification or accreditation under Section 100855.
(B)Issuance of an order directing compliance under Section 100875.
(C)Issuance of a citation under Section 100880.
(D)Assessment of a penalty under subdivision (e) of Section 100880.
(b)The petition shall include the name and address of the petitioner, a copy of the order or decision for which the petitioner seeks reconsideration, identification of the reason the petitioner alleges the issuance of the order or decision was inappropriate or improper, the specific action the petitioner requests, and other information as the state board may prescribe. The petition shall be accompanied by a statement of points and authorities of the legal issues raised by the petition.
(c)The evidence before the state board shall consist of the record before the officer or employee who issued the order or decision and any other relevant evidence that, in the judgment of the state board, should be considered to implement the policies of this chapter. The state board may, in its discretion, hold a hearing for receipt of additional evidence.
(d)The state board may refuse to reconsider the order or decision if the petition fails to raise substantial issues that are appropriate for review, may deny the petition upon a determination that the issuance of the order or decision was appropriate and proper, may set aside or modify the order or decision, or take other appropriate action. The state boards action pursuant to this subdivision shall constitute the state boards completion of its reconsideration.
(e)The state board, upon notice and hearing, if a hearing is held, may stay in whole or in part the effect of the order or decision subject to the petition for reconsideration.
(f)If an order or decision is subject to reconsideration under this section, the filing of a petition for reconsideration is an administrative remedy that must be exhausted before filing a petition for writ of mandate under Section 100920.5 or 116700.
SEC. 32.Section 21080.26 of the Public Resources Code is amended to read:21080.26.This division does not apply to minor alterations to utilities made for the purposes of complying with Sections 116410 and 116415 of the Health and Safety Code or regulations adopted thereunder.
SEC. 33.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)This article shall be known, and may be cited, as the Environmental Laboratory Accreditation Act.
(b)Laboratories that perform analyses on any combination of environmental samples, or raw or processed agricultural products for regulatory purposes shall obtain a certificate of accreditation pursuant to this article.
(c)Unless the express language or context requires otherwise, the definitions in this article shall govern the construction of the article.
(1)Accreditation means the recognition of a laboratory by the state board to conduct analyses of environmental samples for regulatory purposes.
(2)Assessor body means the organization that actually executes the accreditation process, including receiving and reviewing applications, documents, PT sample results, and onsite assessments.
(3)Certificate means a document issued by the state board to a laboratory that has received accreditation pursuant to this article.
(4)Department means the state board.
(5)ELAP means state accreditation program established under this article.
(6)Environmental samples means potable and nonpotable surface waters or groundwaters, soils and sediments, hazardous wastes, biological materials, or any other sample designated for regulatory purposes.
(7)Proficiency testing (PT) is a means of evaluating a laboratorys performance under controlled conditions relative to a given set of criteria through analysis of unknown samples provided by an external source.
(8)PT sample means a sample used for proficiency testing.
(9)Regulatory purposes means a statutory or regulatory requirement of a state board, office, or department, or of a division or program that requires a laboratory certified under this article or of any other state or federal agency that requires a laboratory to be accredited.
(10)Revocation means the permanent loss of a certificate of accreditation, including all units and fields of accreditation for state accreditation and all fields of accreditation for TNI accreditation.
(11)State accreditation means accreditation of a laboratory, that has met the requirements of this article and regulations adopted by the state board pursuant to this article.
(12)State board means the State Water Resources Control Board.
(13)Suspension means the temporary loss of a certificate of accreditation or a unit or field of accreditation.
(14)TNI means The NELAC Institute, a nonprofit corporation created to combine the functions of the National Environmental Laboratory Accreditation Conference and the Institute for National Environmental Laboratory Accreditation.
(15)TNI accreditation means the accreditation of a laboratory that has met the requirements of TNI standards, and the requirements of this article.
(16)TNI accredited laboratory means a laboratory that has met the standards of TNI and has been accredited by a primary or secondary TNI-recognized accrediting body.
(17)TNI-recognized accrediting body means a state agency that is authorized by TNI to accredit laboratories.
(18)TNI-recognized primary accrediting authority means a state agency that is responsible for the accreditation of environmental laboratories within that state or that performs the primary accreditation of a lab from a non-TNI state or where the laboratorys home state does not offer accreditation in a given field of accreditation.
(19)TNI-recognized secondary accrediting authority means a state agency that is authorized by TNI to accredit environmental laboratories within that state that have been accredited by a TNI-approved accrediting authority in another state.
(20)TNI standards means the laboratory standards adopted by TNI.
SEC. 2.Section 100829 of the Health and Safety Code is amended to read:100829.The State Water Resources Control Board may do all of the following related to accrediting environmental laboratories in the state:
(a)Offer both state accreditation and TNI accreditation, which shall be considered equivalent for regulatory activities covered by this article.
(b)Adopt regulations to establish the accreditation procedures for both types of accreditation.
(c)Retain exclusive authority to grant TNI accreditation.
(d)Accept certificates of accreditation from laboratories that have been accredited by other TNI-recognized accrediting authorities.
(e)Adopt regulations to establish procedures for recognizing the accreditation of laboratories located outside California for activities regulated under this article.
(f)(1)Adopt a schedule of fees to recover costs incurred for the accreditation of environmental laboratories. Consistent with Section 3 of Article XIIIA of the California Constitution, the state board shall set the fees under this section in an amount sufficient to recover all reasonable regulatory costs incurred for the purposes of this article.
(2)The state board shall set the amount of total revenue collected each year through the fee schedule at an amount equal to the amount appropriated by the Legislature in the annual Budget Act from the Environmental Laboratory Improvement Fund for expenditure for the administration of this article, taking into account the reserves in the Environmental Laboratory Improvement Fund. The state board shall review and revise the fees each fiscal year as necessary to conform with the amounts appropriated by the Legislature. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the amounts appropriated by the Legislature, the state board may further adjust the fees to compensate for the over or under collection of revenue.
(3)The state board shall adopt the schedule of fees by emergency regulation. The emergency regulations may include provisions concerning the administration and collection of the fees. Any emergency regulations adopted pursuant to this section, any amendment to those regulations, or subsequent adjustments to the annual fees, shall be adopted by the state board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, are not subject to review by the Office of Administrative Law and remain in effect until revised by the state board.
(4)Fees shall be set for the two types of accreditation provided for in subdivision (a), including application fees.
(5)Programs operated under this article shall be fully fee-supported.
SEC. 3.Section 100837 of the Health and Safety Code is amended to read:100837.The state board may contract with approved third-party laboratory assessor bodies in accordance with the criteria developed by the TNI or a federal agency.
SEC. 4.Section 100840 of the Health and Safety Code is amended to read:100840.Any laboratory requesting ELAP certification or TNI accreditation under this article shall file with the state board an application on forms prescribed by the state board containing all of the following:
(a)The names of the applicant and the laboratory.
(b)The location of the laboratory.
(c)A list of fields of testing for which the laboratory is seeking certification.
(d)Evidence satisfactory to the state board that the applicant has the ability to comply with this article and the regulations adopted under this article.
(e)Any other information required by the state board for administration or enforcement of this article or regulations adopted under this article.
SEC. 5.Section 100847 of the Health and Safety Code is amended to read:100847.(a)The period of accreditation for TNI accredited laboratories shall be 12 months. An application for renewal shall be filed with the state board prior to the expiration date of the accreditation. Failure to make timely application for renewal shall result in expiration of the accreditation.
(b)The accrediting authority shall be notified in writing within 30 calendar days of the sale or other transfer of ownership of a TNI accredited laboratory.
(c)The accrediting authority shall be notified in writing within 30 calendar days of the change in location of a TNI accredited laboratory, other than a mobile laboratory.
(d)The accrediting authority shall be notified within 30 calendar days whenever there is a change of laboratory director, or other individual in charge of the laboratory.
(e)TNI accredited laboratories shall conspicuously display their most recent TNI accreditation certificate or their accreditation fields of testing, or both, in a permanent place in their laboratory.
(f)TNI accredited laboratories shall not use their TNI accreditation document or their accreditation status to imply any endorsement by the accrediting authority.
SEC. 6.Section 100850 of the Health and Safety Code is amended to read:100850.(a)Upon the filing of an application for ELAP certification or TNI accreditation and after a finding by the state board that there is full compliance with this article and regulations adopted under this article, the state board shall issue to the owner certification or accreditation in the fields of testing for which the laboratory is seeking certification and with respect to which the state board has determined there is full compliance.
(b)The state board shall deny or revoke a certificate if it finds any of the following:
(1)The laboratory fails to report acceptable results in the analysis of proficiency testing samples.
(2)The laboratory fails to analyze proficiency testing samples.
(3)The laboratory submits, as its own, proficiency testing sample results generated by another laboratory.
(4)The laboratory fails to pass an onsite assessment.
(5)The laboratory is not in compliance with any other provision of this article or regulations adopted under this article.
(c)Upon the filing of a complete application for certification or accreditation pursuant to subdivision (a) and Section 100870, the state board may issue to a laboratory interim certification or accreditation pending the completion of onsite assessment. Interim certification and accreditation shall be nonrenewable and shall remain in effect until certification and accreditation is either granted under subdivision (a) or denied under subdivision (b), but not later than one year after the date of issuance.
SEC. 7.Section 100851 of the Health and Safety Code is amended to read:100851.(a)An application for TNI accreditation or renewal of TNI accreditation shall be denied by the accrediting body for any of the following reasons:
(1)Failure to submit all information necessary to determine the laboratorys eligibility for its accreditation or continued compliance with this section or regulations adopted thereunder.
(2)Failure of the laboratory staff to meet TNI standards for personnel requirements. These qualifications may include education, training, and experience requirements.
(3)Failure to successfully analyze and report proficiency testing samples.
(4)Failure to respond to a deficiency report from the onsite assessment with a corrective action report within 30 calendar days of the receipt of the report.
(5)Failure to implement the corrective actions detailed in the corrective action report within the specified amount of time.
(6)Misrepresentation of any material fact pertinent to receiving or maintaining TNI accreditation.
(b)The TNI recognized accrediting body may suspend the accreditation of a TNI accredited laboratory, in whole or in part, for failure to correct the deficiencies, within a specified amount of time, as identified in the onsite assessment. The laboratory shall retain those areas of accreditation where it continues to meet the requirements of the accrediting body. A suspended TNI accredited laboratory shall not be required to reapply for accreditation if the causes for suspension are corrected within six months.
(c)The TNI approved accrediting body shall suspend a TNI accreditation in whole or in part for the following reasons:
(1)Failure to complete proficiency testing studies.
(2)Failure to maintain a history of at least two successful, out of the most recent three, proficiency testing studies for each affected accreditation field of testing, subgroup, or analyze for which the laboratory is accredited.
(3)Failure to successfully analyze and report proficiency testing sample results pursuant to TNI standards.
(4)Failure to submit an acceptable corrective action report in response to a deficiency report and failure to implement corrective action related to any deficiencies found during laboratory assessments within the required time period, as required by the TNI standards.
(5)Failure to notify the accrediting body of any changes in key accreditation criteria, as required by TNI standards.
(6)Failure to perform all accredited tests in accordance with TNI standards.
(7)Failure to meet all applicable quality system requirements in TNI standards.
(d)A suspended laboratory shall not be required to reapply for any TNI accreditation if the causes for suspension are corrected within six months. A suspended laboratory may not continue to analyze samples for the affected fields of testing for which it holds accreditation. A suspended laboratory shall remain suspended without a right to appeal if the suspension is caused by unacceptable proficiency testing sample results.
(e)If a laboratory is unable to correct the reason for suspension, the laboratorys accreditation shall be revoked in whole or in part.
(f)A laboratorys accreditation may not be suspended without the right to due process, as set forth in TNI standards.
SEC. 8.Section 100852 of the Health and Safety Code is amended to read:100852.(a)Notwithstanding any other law, the state board may issue a certificate to the owner of a laboratory in a field of testing or method adopted by the federal Environmental Protection Agency pursuant to Part 136 of Title 40 of the Code of Federal Regulations, as amended September 11, 1992, as published in the Federal Register (57 FR 41830), or Part 141 of Title 40 of the Code of Federal Regulations, as amended July 17, 1992, as published in the Federal Register (57 FR 31776), and as subsequently amended and published in the Code of Federal Regulations.
(b)As a TNI recognized accrediting body, the state board shall accept performance based measurement system methods, when mandated methods are indicated. A fee, as specified in regulations adopted by the state board, may be charged for the review of each performance based measurement system method.
(c)Notwithstanding any other provision of law, the state board shall not be required to meet the requirements of Chapter 3.5 (commencing with Section 11340) of the Government Code in order to issue a certificate pursuant to subdivision (a).
SEC. 9.Section 100855 of the Health and Safety Code is repealed.SEC. 10.Section 100855 is added to the Health and Safety Code, to read:100855.Upon the denial of an application for ELAP certification or TNI accreditation, the state board shall immediately notify the applicant or organization by certified mail, return receipt requested, of the action and the reasons for the action. The owner of a laboratory may petition for reconsideration under Section 116701.
SEC. 11.Section 100862 of the Health and Safety Code is amended to read:100862.(a)At the time of application for TNI accreditation and annually thereafter, from the date of the issuance of the accreditation, a laboratory shall pay a TNI accreditation fee, according to the fee schedule established by the state board pursuant to Section 100829.
(b)In addition to the payment of fees authorized by Section 100829, laboratories accredited or applying for accreditation shall pay directly to the designated proficiency testing provider the cost of the proficiency testing studies.
SEC. 12.Section 100865 of the Health and Safety Code is amended to read:100865.(a)In order to carry out the purpose of this article, any duly authorized representative of the state board may do the following:
(1)Enter and inspect a laboratory that is ELAP certified or TNI accredited pursuant to this article or that has applied for ELAP certification or TNI accreditation.
(2)Inspect and photograph any portion of the laboratory, equipment, any activity, or any samples taken, or copy and photograph any records, reports, test results, or other information related solely to certification under this article or regulations adopted pursuant to this article.
(3)Require an owner of a laboratory to provide, within 15 days of receiving a request from a duly authorized representative of the state board, reports, test results, and other information required to implement this article, including, but not limited to, applicable standard operating procedures, quality control or quality assurance manuals, quality control or quality assurance data, employee qualifications, training records, or information relating to accreditation with another state or agency. The state board may require a laboratory to conduct proficiency testing in any of the laboratorys accredited fields of testing.
(b)It shall be a misdemeanor for any person to prevent, interfere with, or attempt to impede in any way, any duly authorized representative of the state board from undertaking the activities authorized by this section.
(c)If a laboratory that is seeking ELAP certification, TNI accreditation, ELAP recertification, or TNI reaccreditation refuses entry of a duly authorized representative during normal business hours for either an announced or unannounced onsite assessment, the certification, accreditation, recertification, or reaccreditation shall be denied or revoked.
(d)Refusal of a request by a TNI approved accrediting authority, the state board, or any employee, agent, or contractor of the state board, for permission to inspect, pursuant to this section, the laboratory and its operations and pertinent records during the hours the laboratory is in operation shall result in denial or revocation of ELAP certification or TNI accreditation.
SEC. 13.Section 100870 of the Health and Safety Code is amended to read:100870.(a)Any laboratory that is ELAP certified or holds TNI accreditation or has applied for ELAP certification or TNI accreditation or for renewal of ELAP certification or TNI accreditation under this article shall analyze proficiency testing samples, if these testing samples are available. The state board shall have the authority to contract with third parties for the provision of proficiency testing samples for those laboratories that hold or are applying for ELAP certification. The samples shall be tested by the laboratory according to methods specifically approved for this purpose by the United States government or the state board, or alternate methods of demonstrated adequacy or equivalence, as determined by the state board. Proficiency testing sample sets shall be provided, when available, not less than twice, nor more than four times, a year to each certified laboratory that performs analyses of food for pesticide residues.
(b)(1)The state board may provide, directly or indirectly, proficiency testing samples to a laboratory for the purpose of determining compliance with this article with or without identifying the state board.
(2)When the state board identifies itself, all of the following shall apply:
(A)The results of the testing shall be submitted to the state board on forms provided by the state board on or before the date specified by the state board, and shall be used in determining the competency of the laboratory.
(B)There shall be no charge to the state board for the analysis.
(3)When the state board does not identify itself, the state board shall pay the price requested by the laboratory for the analyses.
(c)If a certified or TNI accredited laboratory submits proficiency testing sample results generated by another laboratory as its own, the certification or TNI accreditation shall be immediately revoked.
(d)Laboratories shall obtain their proficiency testing samples from proficiency testing sample providers that meet TNI standards. Laboratories shall bear the cost of any proficiency testing study fee charged for participation. Each laboratory shall authorize the providers of proficiency testing samples to release the report of the study results directly to the state board, as well as to the laboratory.
SEC. 14.Section 100872 of the Health and Safety Code is amended to read:100872.(a)An ELAP certified laboratory shall successfully analyze proficiency testing samples for those fields of testing for which they are certified, not less than once a year, where applicable. Proficiency testing procedures shall be approved by the United States government or by the state board.
(b)A TNI accredited laboratory shall participate in, and meet the success rate for, proficiency testing studies as required in the TNI standards.
(c)The ELAP certified or TNI accredited laboratory shall discontinue the analyses of samples for the fields of testing or subgroups which have been suspended for failure to comply with the proficiency testing requirements in this section.
SEC. 15.Section 100875 of the Health and Safety Code is amended to read:100875.Whenever the state board determines that any laboratory has violated or is violating this article or any certificate, regulation, or standard issued or adopted pursuant to this article, any officer or employee of the state board delegated such authority may issue an order directing compliance forthwith or directing compliance in accordance with a time schedule set by the state board. The owner of a laboratory issued an order under this section may petition for reconsideration under Section 116701.
SEC. 16.Section 100880 of the Health and Safety Code is amended to read:100880.If the state board determines that a laboratory is in violation of this article or any regulation or order issued or adopted pursuant to this article, the state board may, in addition to suspension, denial, or revocation of the certificate or TNI accreditation, issue a citation to the owner of the laboratory. It shall be the function of the recognized accrediting authority to issue citations. The Legislature finds and declares that since TNI is a standard setting body, it cannot, as such, enforce civil or criminal penalties.
(a)The citation shall be served personally or by registered mail.
(b)Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the statutory provision, order, or regulation alleged to have been violated.
(c)The citation shall fix the earliest feasible time for elimination or correction of the condition constituting the violation.
(d)Citations issued pursuant to this section shall specify a civil penalty for each violation, not to exceed one thousand dollars ($1,000), for each day that the violation occurred.
(e)If the owner fails to correct a violation within the time specified in the citation, the state board may assess a civil penalty as follows:
(1)For failure to comply with any citation issued for a violation of this article or a regulation, an amount not to exceed two hundred fifty dollars ($250) for each day that the violation continues beyond the date specified for correction in the citation.
(2)For failure to comply with any citation issued for violation of any state board-issued order, an amount not to exceed two hundred dollars ($200) for each day the violation continues beyond the date specified for correction in the citation.
(f)The owner of a laboratory issued a citation under this section or assessed a penalty under subdivision (e) may petition for reconsideration under Section 116701.
SEC. 17.Section 100885 of the Health and Safety Code is amended to read:100885.(a)Any person who operates a laboratory that performs work that requires certification or TNI accreditation under Section 25198, 25298.5, 25358.4, 110490, or 116390 of this code, or Section 13176 of the Water Code, who is not certified or TNI accredited to do so, may be enjoined from so doing by any court of competent jurisdiction upon suit by the state board.
(b)When the state board determines that any person has engaged in, or is engaged in, any act or practice that constitutes a violation of this article, or any regulation or order issued or adopted thereunder, the state board may bring an action in the superior court for an order enjoining these practices or for an order directing compliance and affording any further relief that may be required to ensure compliance with this article.
SEC. 18.Section 100890 of the Health and Safety Code is amended to read:100890.(a)Any person who knowingly makes any false statement or representation in any application, record, or other document submitted, maintained, or used for purposes of compliance with this article, may be liable, as determined by the court, for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation or, for continuing violations, for each day that violation continues.
(b)Any person who operates a laboratory for purposes specified pursuant to Section 25198, 25298.5, 25358.4, 110490, or 116390 of this code, or Section 13176 of the Water Code that requires certification, who is not certified by the department pursuant to this article, may be liable, as determined by the court, for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation or, for continuing violations, for each day that violation continues.
(c)A laboratory that advertises or holds itself out to the public or its clients as having been certified for any field of testing without having a valid and current certificate in each field of testing identified by the advertisement or other representation may be liable, as determined by the court, for a civil penalty not to exceed one thousand dollars ($1,000) or, for continuing violations, for each day that violation continues.
(d)Each civil penalty imposed for any separate violation pursuant to this section shall be separate and in addition to any other civil penalty imposed pursuant to this section or any other provision of law.
SEC. 19.Section 100895 of the Health and Safety Code is amended to read:100895.(a)Any person who knowingly does any of the following acts may, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment:
(1)Makes any false statement or representation in any application, record, report, or other document submitted, maintained, or used for the purposes of compliance with this article.
(2)Has in his or her possession any record required to be maintained pursuant to this article that has been altered or concealed.
(3)Destroys, alters, or conceals any record required to be maintained pursuant to this article.
(4)Withholds information regarding an imminent and substantial danger to the public health or safety when the information has been requested by the state board in writing and is required to carry out the state boards responsibilities pursuant to this article.
(b)A second or subsequent violation of subdivision (a) is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16, 20, or 24 months or in a county jail for not more than one year, by a fine of not less than two thousand dollars ($2,000) or more than fifty thousand dollars ($50,000) per day of violation, or by both that imprisonment and fine.
(c)An ELAP certified or TNI accredited laboratory, upon suspension, revocation, or withdrawal of its ELAP certification or TNI accreditation, shall do all of the following:
(1)Discontinue use of all catalogs, advertising, business solicitations, proposals, quotations, or their materials that contain reference to their past certification or accreditation status.
(2)Return its ELAP certificate or its TNI accreditation to the state board.
(3)Cease all testing of samples for regulatory purposes.
(d)The penalties cited in subdivisions (a) and (b) shall also apply to TNI accredited laboratories.
SEC. 20.Section 100907 of the Health and Safety Code is amended to read:100907.(a)The state board shall revoke, in whole or in part, the accreditation of a TNI accredited laboratory for either of the following reasons:
(1)Failure to submit an acceptable corrective action report in response to a deficiency report, and failure to implement corrective action related to any deficiencies found during a laboratory assessment. The laboratory may submit two corrective actions within the time limits specified by the accrediting authority.
(2)Failure to successfully analyze and report proficiency testing sample results pursuant to TNI standards.
(b)The state board shall revoke, in whole, the accreditation of a TNI accredited laboratory for any of the following reasons:
(1)Failure to respond with a corrective action report within the required 30-day period.
(2)Failure to participate in the proficiency testing program, as required by TNI standards.
(3)Submittal of proficiency test sample results generated by another laboratory as its own.
(4)Misrepresentation of any material fact pertinent to receiving or maintaining accreditation.
(5)Denial of entry during normal business hours for an onsite assessment, as required by TNI standards.
(6)Conviction of charges for the falsification of any report of, or that relates to, a laboratory analysis.
(c)The state board may also revoke, in whole, a laboratorys accreditation for failure to remit the accreditation fees within the time limit established by the accrediting authority.
(d)After correcting the reason or reasons for revocation, the TNI accredited laboratory may reapply for accreditation no sooner than six months from the official date of revocation.
(e)A laboratorys TNI accreditation shall not be revoked without the right to due process, in accordance with Section 100910.
SEC. 21.Section 100910 of the Health and Safety Code is repealed.SEC. 22.Section 100910 is added to the Health and Safety Code, to read:100910.(a)The state board, after providing notice to the owner of the laboratory and opportunity for a hearing, may suspend or revoke an ELAP certification or TNI accreditation issued pursuant to this article. The notice shall inform the owner of the laboratory that the owner may request a hearing not later than 20 days from the date on which the notice is received, and shall contain a statement of facts and information that show a basis for the suspension or revocation. If the owner submits a timely request for a hearing, the hearing shall be before the state board or a member of the state board, in accordance with Section 183 of the Water Code and the rules for adjudicative proceedings adopted under Section 185 of the Water Code. If the owner does not submit a timely request for a hearing, the state board may suspend or revoke the permit without a hearing.
(b)If the certification or accreditation at issue has been temporarily suspended pursuant to Section 100915, the notice shall be provided within 15 days of the effective date of the temporary suspension order. The hearing shall be commenced as soon as practicable, but no later than 60 days after the effective date of the temporary suspension order, unless the owner requests an extension of the 60-day period.
SEC. 23.Section 100915 of the Health and Safety Code is repealed.SEC. 24.Section 100915 is added to the Health and Safety Code, to read:100915.(a)(1)The state board may temporarily suspend, in whole or in part, ELAP certification or TNI accreditation prior to any hearing, when it has determined that this action is necessary to protect the public. The state board shall notify the owner of the temporary suspension and the effective date of the suspension. The notice shall inform the owner of the laboratory that the owner may request a hearing not later than 20 days from the date on which the notice is received, and shall contain a statement of facts and information that show a basis for the suspension.
(2)(A)If the owner submits a timely request for a hearing, the hearing shall be commenced as soon as possible but no later than 30 calendar days after receipt of the notice or 15 calendar days after the request for a hearing is submitted, whichever is later, unless the owner requests a later date for the hearing. The hearing shall deal only with the issue of whether the temporary suspension shall remain in place pending a hearing under Section 100910.
(B)The hearing shall be conducted under the rules for adjudicative proceedings adopted by the state board under Section 185 of the Water Code.
(C)The temporary suspension shall remain in effect until the hearing is completed and the state board has made a final determination on the merits under Section 100910. However, the temporary suspension shall be deemed vacated if the state board fails to make a final determination on the merits within 60 calendar days after the hearing under Section 100910 has been completed. Vacation of the temporary suspension does not deprive the state board of jurisdiction to proceed with a hearing on the merits under Section 100910.
(b)During the suspension, the laboratory shall discontinue the analysis of samples for the fields of testing specified in the notice.
SEC. 25.Section 100920.5 is added to the Health and Safety Code, to read:100920.5.(a)Within 30 days after service of a copy of a decision or order issued by the state board under this chapter, an aggrieved party may file with the superior court a petition for a writ of mandate for review of the order.
(b)Except as otherwise provided in this section, subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure shall govern proceedings pursuant to this section. For the purposes of subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the court shall uphold the findings of the state board if those findings are supported by substantial evidence in light of the whole record.
(c)If no aggrieved party petitions for a writ of mandate within the time provided by this section, the decision or order of the state board is not subject to review by any court.
SEC. 26.Section 116271 of the Health and Safety Code is amended to read:116271.(a)The state board succeeds to and is vested with all of the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the State Department of Public Health, its predecessors, and its director for purposes of all of the following:
(1)The Environmental Laboratory Accreditation Act (Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101).
(2)Article 3 (commencing with Section 106875) of Chapter 4 of Part 1.
(3)Article 1 (commencing with Section 115825) of Chapter 5 of Part 10.
(4)This chapter and the Safe Drinking Water State Revolving Fund Law of 1997 (Chapter 4.5 (commencing with Section 116760)).
(5)Article 2 (commencing with Section 116800), Article 3 (commencing with Section 116825), and Article 4 (commencing with Section 116875) of Chapter 5.
(6)Chapter 7 (commencing with Section 116975).
(7)The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Division 43 (commencing with Section 75001) of the Public Resources Code).
(8)The Water Recycling Law (Chapter 7 (commencing with Section 13500) of Division 7 of the Water Code).
(9)Chapter 7.3 (commencing with Section 13560) of Division 7 of the Water Code.
(10)The California Safe Drinking Water Bond Law of 1976 (Chapter 10.5 (commencing with Section 13850) of Division 7 of the Water Code).
(11)Wholesale Regional Water System Security and Reliability Act (Division 20.5 (commencing with Section 73500) of the Water Code).
(12)Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Division 26.5 (commencing with Section 79500) of the Water Code).
(b)The state board shall maintain a drinking water program and carry out the duties, responsibilities, and functions described in this section. Statutory reference to department, state department, or director regarding a function transferred to the state board shall refer to the state board. This section does not impair the authority of a local health officer to enforce this chapter or a countys election not to enforce this chapter, as provided in Section 116500.
(c)The state board shall succeed to the status of grantee or applicant, as appropriate, for any federal Drinking Water State Revolving Fund capitalization grants that the State Department of Public Health and any of its predecessors applied for.
(d)Regulations adopted, orders issued, and all other administrative actions taken by the State Department of Public Health, any of its predecessors, or its director, pursuant to the authorities now vested in the state board and in effect immediately preceding the operative date of this section shall remain in effect and are fully enforceable unless and until readopted, amended, or repealed, or until they expire by their own terms. Regulations in the process of adoption pursuant to the authorities vested in the state board shall continue under the authority of the state board unless and until the state board determines otherwise. Any other administrative action adopted, prescribed, taken, or performed by, or on behalf of, the State Department of Public Health, or its director, in the administration of a program or the performance of a duty, responsibility, or authorization transferred to the state board shall remain in effect and shall be deemed to be an action of the state board unless and until the state board determines otherwise.
(e)Permits, licenses, accreditations, certificates, and other formal approvals and authorizations issued by the State Department of Public Health, any of its predecessors, or its director pursuant to authorities vested in the state board pursuant to this section are not affected by the transfer and remain in effect, subject to all applicable laws and regulations, unless and until renewed, reissued, revised, amended, suspended, or revoked by the state board or its deputy director, as authorized pursuant to subdivision (k).
(f)Any action or proceeding by or against the State Department of Public Health, including any officer or employee of the State Department of Public Health named in an official capacity, or any of its predecessors, pertaining to matters vested in the state board by this section shall not abate, but shall continue in the name of the state board. The state board shall be substituted for the State Department of Public Health, including any officer or employee of the State Department of Public Health named in an official capacity, and any of its predecessors, by the court or agency where the action or proceeding is pending. The substitution shall not in any way affect the rights of the parties to the action or proceeding.
(g)On and after the operative date of this section, the unexpended balance of all funds available for use by the State Department of Public Health or any of its predecessors in carrying out any functions transferred to the state board are available for use by the state board.
(h)Books, documents, data, records, and property of the State Department of Public Health pertaining to functions transferred to the state board shall be transferred to the state board. This subdivision does not transfer any part of property commonly known as the Richmond Campus that is owned by the State Public Works Board.
(i)A contract, lease, license, or any other agreement, including local primacy agreements, as described in Section 116330, to which the State Department of Public Health, any of its predecessors, its director, or their agents, is a party, are not void or voidable by reason of this section, but shall continue in full force and effect, with the state board assuming all of the rights, obligations, liabilities, and duties of the State Department of Public Health and any of its predecessors as it relates to the duties, powers, purposes, responsibilities, and jurisdiction vested in the state board pursuant to this section. This assumption does not affect the rights of the parties to the contract, lease, license, or agreement.
(j)If the Department of Water Resources entered into agreements on behalf of the State Department of Public Health or its predecessor, the State Department of Health Services, pursuant to Chapter 4.5 (commencing with Section 116760), the state board shall also succeed the Department of Water Resources as a party to those agreements and to all related security instruments, including, but not limited to, fiscal services agreements, deeds of trust, guarantees, letters of credit, and deposit control agreements.
(k)(1)The state board shall appoint a deputy director who reports to the executive director to oversee the issuance and enforcement of public water system permits and other duties as appropriate. The deputy director shall have public health expertise.
(2)The deputy director is delegated the state boards authority to provide notice, approve notice content, approve emergency notification plans, and take other action pursuant to Article 5 (commencing with Section 116450), to issue, renew, reissue, revise, amend, or deny any public water system permits pursuant to Article 7 (commencing with Section 116525), to suspend or revoke any public water system permit pursuant to Article 8 (commencing with Section 116625), and to issue citations, assess penalties, or issue orders pursuant to Article 9 (commencing with Section 116650). Decisions and actions of the deputy director taken pursuant to Article 5 (commencing with Section 116450) or Article 7 (commencing with Section 116525) are deemed decisions and actions taken by the state board, but are not subject to reconsideration by the state board except as provided in Section 116540. Decisions and actions of the deputy director taken pursuant to Article 8 (commencing with Section 116625) and Article 9 (commencing with Section 116650) are deemed decisions and actions taken by the state board, but any aggrieved person may petition the state board for reconsideration of the decision or action. This subdivision is not a limitation on the state boards authority to delegate any other powers and duties.
(3)The state board shall not delegate any authority, duty, power, purpose, function, or responsibility specified in this section, including, but not limited to, issuance and enforcement of public water system permits, to the regional water quality control boards.
SEC. 27.Section 116425 of the Health and Safety Code is amended to read:116425.(a)The state board may exempt a public water system from a maximum contaminant level or treatment technique requirement if it finds all the following:
(1)The public water system was in operation, or had applied for a permit to operate, on the effective date of the maximum contaminant level or treatment technique requirement.
(2)Due to compelling factors, which may include either of the following factors, the public water system is unable to comply with the maximum contaminant level or treatment technique requirement or to implement measures to develop an alternative water supply:
(A)Economic factors.
(B)The entire service area of the public water system consists of a disadvantaged community, as defined under Section 1452(d) of the federal Safe Drinking Water Act (42 U.S.C. Sec. 300g-5), and meets the affordability criteria established by the department, after review and public hearing.
(3)The granting of the exemption will not result in an unreasonable risk to health.
(4)Management or restructuring changes, or both, cannot reasonably be made that will result in compliance with this chapter or, if compliance cannot be achieved, improve the quality of the drinking water.
(b)If the state board grants a public water system an exemption for a primary drinking water standard under subdivision (a), the state board shall prescribe, at the time the exemption is granted, a schedule for both of the following:
(1)Compliance by the public water system with each contaminant level or treatment technique requirement for which the exemption was granted.
(2)Implementation by the public water system of interim control measures the state board may require for each contaminant or treatment technique requirement for which the exemption was granted.
(c)Any schedule prescribed by the state board pursuant to this section shall require compliance by the public water system with each contaminant level or treatment technique requirement for which the exemption was granted within 12 months from the granting of the exemption.
(d)The final date for compliance with any schedule issued pursuant to this section may be extended by the state board for a period not to exceed three years from the date of the granting of the exemption if the state board finds all of the following:
(1)The system cannot meet the standard without capital improvements that cannot be completed before the date established pursuant to Section 1412(b)(1) of the federal Safe Drinking Water Act (42 U.S.C. 300g-(b)(1)).
(2)In the case of a system that needs financial assistance for the necessary improvements, the system has entered into an agreement to obtain the financial assistance or the system has entered into an enforceable agreement to become part of a regional public water system.
(3)The system is taking all practicable steps to meet the standard.
(e)In the case of a system that does not serve more than a population of 3,300 and that needs financial assistance for the necessary improvements, an exemption granted pursuant to paragraph (2) of subdivision (d) shall not exceed a total of six years.
(f)Prior to the granting of an exemption pursuant to this section, the state board shall provide notice and an opportunity for a public hearing. Notice of any public hearing held pursuant to this section shall be given by the state board in writing to the public water system seeking the exemption and to the public as provided in Section 6061 of the Government Code. A public hearing provided pursuant to this subdivision is not an adjudicative hearing and is not required to comply with Section 100171.
(g)A public water system shall not receive an exemption under this section if the system is granted a variance pursuant to Section 116430.
(h)Unless the state board has already granted an exemption pursuant to subdivision (a), the state board may exempt a public water system from compliance with a maximum contaminant level or treatment technique requirement for up to two years if the state board finds, and continues to find, that a plan submitted by the water system may reasonably be expected to bring the water system into compliance by any of the following means:
(1)The physical consolidation of the system with one or more other systems.
(2)The consolidation of significant management and administrative functions of the system with one or more other systems.
(3)The transfer of ownership of the system.
SEC. 28.Section 116540 of the Health and Safety Code is amended to read:116540.(a)Following completion of the investigation and satisfaction of the requirements of paragraphs (1) and (2), the state board shall issue or deny the permit. The state board may impose permit conditions, requirements for system improvements, technical, financial, or managerial requirements, and time schedules as it deems necessary to ensure a reliable and adequate supply of water at all times that is pure, wholesome, potable, and does not endanger the health of consumers.
(1)A public water system that was not in existence on January 1, 1998, shall not be granted a permit unless the public water system demonstrates to the state board that the water supplier possesses adequate financial, managerial, and technical capability to ensure the delivery of pure, wholesome, and potable drinking water. This section shall also apply to any change of ownership of a public water system.
(2)A permit under this chapter shall not be issued to an association organized under Title 3 (commencing with Section 18000) of the Corporations Code. This section shall not apply to unincorporated associations that, as of December 31, 1990, are holders of a permit issued under this chapter.
(b)Notwithstanding Section 116330, a local primacy agency shall not issue a permit under this article without the concurrence of the state board.
(c)In considering whether to approve a proposed new public water system, the state board shall consider the sustainability of the proposed new public water system and its water supply in the reasonably foreseeable future, in view of global climate change, potential migration of groundwater contamination and other potential treatment needs, and other factors that can significantly erode a systems capacity.
(d)If the state board determines that it is feasible for the service area of the public water system addressed by an application under this article to be served by one or more permitted public water systems identified pursuant to paragraph (1) of subdivision (c) of Section 116527, the state board may deny the permit of a proposed new public water system if it determines, based on its assessment of the preliminary technical report submitted pursuant to Section 116527, the permit application, and other relevant, substantial evidence submitted, that it is reasonably foreseeable that the proposed new public water system will be unable to provide affordable, safe drinking water in the reasonably foreseeable future.
(e)An applicant may petition the state board for reconsideration of a decision of action of the deputy director taken pursuant to this section.
SEC. 29.Section 116625 of the Health and Safety Code is amended to read:116625.(a)The state board, after providing notice to the permittee and opportunity for a hearing, may suspend or revoke any permit issued pursuant to this chapter if the state board determines pursuant to the hearing that the permittee is not complying with the permit, this chapter, or any regulation, standard, or order issued or adopted thereunder, or that the permittee has made a false statement or representation on any application, record, or report maintained or submitted for purposes of compliance with this chapter. If the permittee does not request a hearing within the period specified in the notice, the state board may suspend or revoke the permit without a hearing. If the permittee submits a timely request for a hearing, the hearing shall be before the state board or a member of the state board, in accordance with Section 183 of the Water Code and the rules for adjudicative proceedings adopted under Section 185 of the Water Code. If the permit at issue has been temporarily suspended pursuant to subdivision (b), the notice shall be provided within 15 days of the effective date of the temporary suspension order. The commencement of the hearing under this subdivision shall be as soon as practicable, but no later than 60 days after the effective date of the temporary suspension order, unless the state board grants an extension of the 60 day period upon request of the permittee.
(b)The state board may temporarily suspend any permit issued pursuant to this chapter before any hearing when the action is necessary to prevent an imminent or substantial danger to health. The state board shall notify the permittee of the temporary suspension and the effective date of the temporary suspension and, at the same time, notify the permittee that a hearing has been scheduled. The hearing shall be held as soon as possible, but not later than 15 days after the effective date of the temporary suspension unless the state board grants an extension of the 15 day period upon request of the permittee, and shall deal only with the issue of whether the temporary suspension shall remain in place pending a hearing under subdivision (a). The hearing shall be conducted under the rules for adjudicative proceedings adopted by the state board under Section 185 of the Water Code. The temporary suspension shall remain in effect until the hearing under this subdivision is completed and the state board has made a final determination on the temporary suspension, which shall be made within 15 days after the completion of the hearing unless the state board grants an extension of the 15 day period upon request of the permittee. If the determination is not transmitted within 15 days after the hearing is completed, or any extension of this period requested by the permittee, the temporary suspension shall be of no further effect. Dissolution of the temporary suspension does not deprive the state board of jurisdiction to proceed with a hearing on the merits under subdivision (a).
SEC. 30.Section 116700 of the Health and Safety Code is amended to read:116700.(a)Within 30 days after service of a copy of a decision or order issued by the state board, an aggrieved party may file with the superior court a petition for a writ of mandate for review of the decision or order.
(b)In every case, the court shall exercise its independent judgment on the evidence.
(c)Except as otherwise provided in this section, subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure shall govern proceedings pursuant to this section.
(d)If no aggrieved party petitions for a writ of mandate within the time provided by this section, the decision or order of the state board is not subject to review by any court.
SEC. 31.Section 116701 of the Health and Safety Code is amended to read:116701.(a)(1)Within 30 days of issuance of an order or decision under authority delegated to an officer or employee of the state board under Article 8 (commencing with Section 116625) or Article 9 (commencing with Section 116650), an aggrieved person may petition the state board for reconsideration.
(2)Within 30 days of issuance of an order or decision under authority delegated to an officer or employee of the state board under Section 116540, the applicant may petition the state board for reconsideration.
(3)Within 30 days of final action by an officer or employee of the state board acting under delegated authority, the owner of a laboratory that was the subject of the final action may petition the state board for reconsideration of any of the following actions:
(A)Denial of an application for certification or accreditation under Section 100855.
(B)Issuance of an order directing compliance under Section 100875.
(C)Issuance of a citation under Section 100880.
(D)Assessment of a penalty under subdivision (e) of Section 100880.
(b)The petition shall include the name and address of the petitioner, a copy of the order or decision for which the petitioner seeks reconsideration, identification of the reason the petitioner alleges the issuance of the order or decision was inappropriate or improper, the specific action the petitioner requests, and other information as the state board may prescribe. The petition shall be accompanied by a statement of points and authorities of the legal issues raised by the petition.
(c)The evidence before the state board shall consist of the record before the officer or employee who issued the order or decision and any other relevant evidence that, in the judgment of the state board, should be considered to implement the policies of this chapter. The state board may, in its discretion, hold a hearing for receipt of additional evidence.
(d)The state board may refuse to reconsider the order or decision if the petition fails to raise substantial issues that are appropriate for review, may deny the petition upon a determination that the issuance of the order or decision was appropriate and proper, may set aside or modify the order or decision, or take other appropriate action. The state boards action pursuant to this subdivision shall constitute the state boards completion of its reconsideration.
(e)The state board, upon notice and hearing, if a hearing is held, may stay in whole or in part the effect of the order or decision subject to the petition for reconsideration.
(f)If an order or decision is subject to reconsideration under this section, the filing of a petition for reconsideration is an administrative remedy that must be exhausted before filing a petition for writ of mandate under Section 100920.5 or 116700.
SEC. 32.Section 21080.26 of the Public Resources Code is amended to read:21080.26.This division does not apply to minor alterations to utilities made for the purposes of complying with Sections 116410 and 116415 of the Health and Safety Code or regulations adopted thereunder.
SEC. 33.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)This article shall be known, and may be cited, as the Environmental Laboratory Accreditation Act.
(b)Laboratories that perform analyses on any combination of environmental samples, or raw or processed agricultural products for regulatory purposes shall obtain a certificate of accreditation pursuant to this article.
(c)Unless the express language or context requires otherwise, the definitions in this article shall govern the construction of the article.
(1)Accreditation means the recognition of a laboratory by the department state board to conduct analyses of environmental samples for regulatory purposes.
(2)Assessor body means the organization that actually executes the accreditation process, including receiving and reviewing applications, documents, PT sample results, and onsite assessments.
(3)Certificate means a document issued by the department state board to a laboratory that has received accreditation pursuant to this article.
(4)Department means the State Department of Health Services. state board.
(5)ELAP means state accreditation program established under this article.
(5)(6)Environmental samples means potable and nonpotable surface waters or groundwaters, soils and sediments, hazardous wastes, biological materials, or any other sample designated for regulatory purposes.
(6)NELAC means the National Environmental Laboratory Accreditation Conference.(7)NELAC standards refers to the requirements found in EPA publication number 600/R-98/151, November 1998, and any subsequent amendments that are adopted by EPA or the national program.(8)NELAP means the National Environmental Laboratory Accreditation Program established by NELAC.(9)NELAP accreditation means the accreditation of a laboratory that has met the requirements of the NELAC standards, and the requirements of this article.(10)NELAP accredited laboratory means a laboratory that has met the standards of NELAC and has been accredited by a primary or secondary NELAP-recognized accrediting authority.(11)NELAP-recognized accrediting authority means a state agency that is authorized by NELAP to accredit laboratories.(12)NELAP-recognized primary accrediting authority means a state agency that is responsible for the accreditation of environmental laboratories within that state or that performs the primary accreditation of a lab from a non-NELAP state or where the laboratorys home state does not offer accreditation in a given field of accreditation.(13)NELAP-recognized secondary accrediting authority means a state agency that is authorized by NELAP to accredit environmental laboratories within that state that have been accredited by a NELAP-approved accrediting authority in another state.(14)(7)Proficiency testing (PT) is a means of evaluating a laboratorys performance under controlled conditions relative to a given set of criteria through analysis of unknown samples provided by an external source.
(15)(8)PT sample means a sample used for proficiency testing.
(16)(9)Regulatory purposes means a statutory or regulatory requirement of a state board, office, or department, or of a division or program that requires a laboratory certified under this article or of any other state or federal agency that requires a laboratory to be accredited.
(17)(10)Revocation means the permanent loss of a certificate of accreditation, including all units and fields of accreditation for state accreditation and all fields of accreditation for NELAP TNI accreditation.
(18)(11)State accreditation means accreditation of a laboratory, that has met the requirements of this article and regulations adopted by the department state board pursuant to this article.
(12)State board means the State Water Resources Control Board.
(19)(13)Suspension means the temporary loss of a certificate of accreditation or a unit or field of accreditation.
(14)TNI means The NELAC Institute, a nonprofit corporation created to combine the functions of the National Environmental Laboratory Accreditation Conference and the Institute for National Environmental Laboratory Accreditation.
(15)TNI accreditation means the accreditation of a laboratory that has met the requirements of TNI standards, and the requirements of this article.
(16)TNI accredited laboratory means a laboratory that has met the standards of TNI and has been accredited by a primary or secondary TNI-recognized accrediting body.
(17)TNI-recognized accrediting body means a state agency that is authorized by TNI to accredit laboratories.
(18)TNI-recognized primary accrediting authority means a state agency that is responsible for the accreditation of environmental laboratories within that state or that performs the primary accreditation of a lab from a non-TNI state or where the laboratorys home state does not offer accreditation in a given field of accreditation.
(19)TNI-recognized secondary accrediting authority means a state agency that is authorized by TNI to accredit environmental laboratories within that state that have been accredited by a TNI-approved accrediting authority in another state.
(20)TNI standards means the laboratory standards adopted by TNI.
SEC. 2.Section 100829 of the Health and Safety Code is amended to read:100829.The State Water Resources Control Board may do all of the following related to accrediting environmental laboratories in the state:
(a)Offer both state accreditation and NELAP TNI accreditation, which shall be considered equivalent for regulatory activities covered by this article.
(b)Adopt regulations to establish the accreditation procedures for both types of accreditation.
(c)Retain exclusive authority to grant NELAP TNI accreditation.
(d)Accept certificates of accreditation from laboratories that have been accredited by other NELAP-recognized TNI-recognized accrediting authorities.
(e)Adopt regulations to establish procedures for recognizing the accreditation of laboratories located outside California for activities regulated under this article.
(f)(1)Adopt a schedule of fees to recover costs incurred for the accreditation of environmental laboratories. Consistent with Section 3 of Article XIII A of the California Constitution, the state board shall set the fees under this section in an amount sufficient to recover all reasonable regulatory costs incurred for the purposes of this article.
(2)The state board shall set the amount of total revenue collected each year through the fee schedule at an amount equal to the amount appropriated by the Legislature in the annual Budget Act from the Environmental Laboratory Improvement Fund for expenditure for the administration of this article, taking into account the reserves in the Environmental Laboratory Improvement Fund. The state board shall review and revise the fees each fiscal year as necessary to conform with the amounts appropriated by the Legislature. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the amounts appropriated by the Legislature, the state board may further adjust the fees to compensate for the over or under collection of revenue.
(3)The state board shall adopt the schedule of fees by emergency regulation. The emergency regulations may include provisions concerning the administration and collection of the fees. Any emergency regulations adopted pursuant to this section, any amendment to those regulations, or subsequent adjustments to the annual fees, shall be adopted by the state board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, are not subject to review by the Office of Administrative Law and remain in effect until revised by the state board.
(4)Fees shall be set for the two types of accreditation provided for in subdivision (a), including application fees.
(5)Programs operated under this article shall be fully fee-supported.
SEC. 3.Section 100837 of the Health and Safety Code is amended to read:100837.The department state board may contract with approved third-party laboratory assessor bodies in accordance with the criteria developed by the NELAC or other federal agencies. TNI or a federal agency.
SEC. 4.Section 100840 of the Health and Safety Code is amended to read:100840.Any laboratory requesting ELAP certification or NELAP TNI accreditation under this article shall file with the department state board an application on forms prescribed by the department state board containing all of the following:
(a)The names of the applicant and the laboratory.
(b)The location of the laboratory.
(c)A list of fields of testing for which the laboratory is seeking certification, selected from the activities listed in Section 100860.1 or 100862. certification.
(d)Evidence satisfactory to the department state board that the applicant has the ability to comply with this article and the regulations adopted under this article.
(e)Any other information required by the department state board for administration or enforcement of this article or regulations adopted under this article.
SEC. 5.Section 100847 of the Health and Safety Code is amended to read:100847.(a)The period of accreditation for NELAP TNI accredited laboratories shall be 12 months. An application for renewal shall be filed with the department state board prior to the expiration date of the accreditation. Failure to make timely application for renewal shall result in expiration of the accreditation.
(b)The accrediting authority shall be notified in writing within 30 calendar days of the sale or other transfer of ownership of a NELAP TNI accredited laboratory.
(c)The accrediting authority shall be notified in writing within 30 calendar days of the change in location of a NELAP TNI accredited laboratory, other than a mobile laboratory.
(d)The accrediting authority shall be notified within 30 calendar days whenever there is a change of laboratory director, or other individual in charge of the laboratory.
(e)NELAP TNI accredited laboratories shall conspicuously display their most recent NELAP TNI accreditation certificate or their accreditation fields of testing, or both, in a permanent place in their laboratory.
(f)NELAP TNI accredited laboratories shall not use their NELAP TNI accreditation document or their accreditation status to imply any endorsement by the accrediting authority.
SEC. 6.Section 100850 of the Health and Safety Code is amended to read:100850.(a)Upon the filing of an application for ELAP certification or NELAP TNI accreditation and after a finding by the department state board that there is full compliance with this article and regulations adopted under this article, the department state board shall issue to the owner certification or accreditation in the fields of testing identified in Section 100860.1 or 100862. for which the laboratory is seeking certification and with respect to which the state board has determined there is full compliance.
(b)The department state board shall deny or revoke a certificate if it finds any of the following:
(1)The laboratory fails to report acceptable results in the analysis of proficiency testing samples.
(2)The laboratory fails to analyze proficiency testing samples.
(3)The laboratory submits, as its own, proficiency testing sample results generated by another laboratory.
(4)The laboratory fails to pass an onsite assessment.
(5)The laboratory is not in compliance with any other provision of this article or regulations adopted under this article.
(c)Provided that there is compliance with all other provisions of this article, the department may restrict a certificate to the fields of testing of Section 100860 or 100862 or subgroups thereof as defined by regulation for which acceptable proficiency testing results have been produced and the onsite assessment was passed.(d)(c)Upon the filing of a complete application for certification or accreditation pursuant to subdivision (a) and Section 100870, the department state board may issue to a laboratory interim certification or accreditation pending the completion of onsite assessment interim assessment. Interim certification and accreditation shall be nonrenewable and shall remain in effect until certification and accreditation is either granted under subdivision (a) or denied under subdivision (b), but not later than one year after the date of issuance.
SEC. 7.Section 100851 of the Health and Safety Code is amended to read:100851.(a)An application for NELAP TNI accreditation or renewal of NELAP TNI accreditation shall be denied by the accrediting authority body for any of the following reasons:
(1)Failure to submit all information necessary to determine the laboratorys eligibility for its accreditation or continued compliance with this section or regulations adopted thereunder.
(2)Failure of the laboratory staff to meet NELAC TNI standards for personnel requirements. These qualifications may include education, training, and experience requirements.
(3)Failure to successfully analyze and report proficiency testing samples.
(4)Failure to respond to a deficiency report from the onsite assessment with a corrective action report within 30 calendar days of the receipt of the report.
(5)Failure to implement the corrective actions detailed in the corrective action report within the specified amount of time.
(6)Misrepresentation of any material fact pertinent to receiving or maintaining NELAP TNI accreditation.
(b)The NELAP approved TNI recognized accrediting authority body may suspend the accreditation of a NELAP TNI accredited laboratory, in whole or in part, for failure to correct the deficiencies, within a specified amount of time, as identified in the onsite assessment. The laboratory shall retain those areas of accreditation where it continues to meet the requirements of the accrediting authority. body. A suspended NELAP TNI accredited laboratory shall not be required to reapply for accreditation if the causes for suspension are corrected within six months.
(c)The NELAP TNI approved accrediting authority body shall suspend a NELAP TNI accreditation in whole or in part for the following reasons:
(1)Failure to complete proficiency testing studies.
(2)Failure to maintain a history of at least two successful, out of the most recent three, proficiency testing studies for each affected accreditation field of testing, subgroup, or analyte analyze for which the laboratory is accredited.
(3)Failure to successfully analyze and report proficiency testing sample results pursuant to Chapter 2 of the NELAC TNI standards.
(4) Failure to submit an acceptable corrective action report in response to a deficiency report and failure to implement corrective action related to any deficiencies found during laboratory assessments within the required time period, as required by the NELAC TNI standards.
(5)Failure to notify the accrediting authority body of any changes in key accreditation criteria, as required by Chapter 4 of the NELAC TNI standards.
(6)Failure to perform all accredited tests in accordance with NELAC TNI standards.
(7)Failure to meet all of the requirements of Chapter 5 of the NELAC applicable quality system requirements in TNI standards.
(d) A suspended laboratory shall not be required to reapply for any NELAP TNI accreditation if the causes for suspension are corrected within six months. A suspended laboratory may not continue to analyze samples for the affected fields of testing for which it holds accreditation. A suspended laboratory shall remain suspended without a right to appeal if the suspension is caused by unacceptable proficiency testing sample results.
(e)If a laboratory is unable to correct the reason for suspension, the laboratorys accreditation shall be revoked in whole or in part.
(f)A laboratorys accreditation may not be suspended without the right to due process, as set forth in Chapter 4 of the NELAC TNI standards.
SEC. 8.Section 100852 of the Health and Safety Code is amended to read:100852.(a)Notwithstanding any other provision of law, the department state board may issue a certificate to the owner of a laboratory in a field of testing or method adopted by the federal Environmental Protection Agency pursuant to Part 136 of Title 40 of the Code of Federal Regulations, as amended September 11, 1992, as published in the Federal Register (57 FR 41830), or Part 141 of Title 40 of the Code of Federal Regulations, as amended July 17, 1992, as published in the Federal Register (57 FR 31776), and as subsequently amended and published in the Code of Federal Regulations.
(b)As a NELAP approved accreditating authority, the department TNI recognized accrediting body, the state board shall accept performance based measurement system methods, when mandated methods are indicated. A fee, as specified in regulations adopted by the department, state board, may be charged for the review of each performance based measurement system method.
(c)Notwithstanding any other provision of law, the department state board shall not be required to meet the requirements of Chapter 3.5 (commencing with Section 11340) of the Government Code in order to issue a certificate pursuant to subdivision (a).
SEC. 9.Section 100855 of the Health and Safety Code is repealed.100855.Upon the denial of any application for ELAP certification or NELAP accreditation, or the revocation or suspension of ELAP certification or NELAP accreditation, the department shall immediately notify the applicant or organization by certified mail, return receipt requested, of the action and the reasons for the action. Within 20 calendar days of receipt, the applicant or organization may present the department with a written petition for a hearing. Upon receipt in proper form by the department, the petition shall be set for hearing. The proceedings shall be conducted in accordance with Section 100171 and the department has all the powers granted in that section.SEC. 10.Section 100855 is added to the Health and Safety Code, to read:100855.Upon the denial of an application for ELAP certification or TNI accreditation, the state board shall immediately notify the applicant or organization by certified mail, return receipt requested, of the action and the reasons for the action. The owner of a laboratory may petition for reconsideration under Section 116701.
SEC. 11.Section 100862 of the Health and Safety Code is amended to read:100862.(a)At the time of application for NELAP TNI accreditation and annually thereafter, from the date of the issuance of the accreditation, a laboratory shall pay a NELAP TNI accreditation fee, according to the fee schedule established by the State Water Resources Control Board state board pursuant to Section 100829.
(b)In addition to the payment of fees authorized by Section 100829, laboratories accredited or applying for accreditation shall pay directly to the designated proficiency testing provider the cost of the proficiency testing studies.
SEC. 12.Section 100865 of the Health and Safety Code is amended to read:100865.(a)In order to carry out the purpose of this article, any duly authorized representative of the department state board may do the following:
(1)Enter and inspect a laboratory that is ELAP certified or NELAP TNI accredited pursuant to this article or that has applied for ELAP certification or NELAP TNI accreditation.
(2)Inspect and photograph any portion of the laboratory, equipment, any activity, or any samples taken, or copy and photograph any records, reports, test results, or other information related solely to certification under this article or regulations adopted pursuant to this article.
(3)Require an owner of a laboratory to provide, within 15 days of receiving a request from a duly authorized representative of the state board, reports, test results, and other information required to implement this article, including, but not limited to, applicable standard operating procedures, quality control or quality assurance manuals, quality control or quality assurance data, employee qualifications, training records, or information relating to accreditation with another state or agency. The state board may require a laboratory to conduct proficiency testing in any of the laboratorys accredited fields of testing.
(b)It shall be a misdemeanor for any person to prevent, interfere with, or attempt to impede in any way, any duly authorized representative of the department state board from undertaking the activities authorized by this section.
(c)If a laboratory that is seeking ELAP certification, NELAP TNI accreditation, ELAP recertification, or NELAP TNI reaccreditation refuses entry of a duly authorized representative during normal business hours for either an announced or unannounced onsite assessment, the certification, accreditation, recertification, or reaccreditation shall be denied or revoked.
(d)Refusal of a request by a NELAP TNI approved accrediting authority, the department, state board, or any employee, agent, or contractor of the department, state board, for permission to inspect, pursuant to this section, the laboratory and its operations and pertinent records during the hours the laboratory is in operation shall result in denial or revocation of ELAP certification or NELAP TNI accreditation.
SEC. 13.Section 100870 of the Health and Safety Code is amended to read:100870.(a)Any laboratory that is ELAP certified or holds NELAP TNI accreditation or has applied for ELAP certification or NELAP TNI accreditation or for renewal of ELAP certification or NELAP TNI accreditation under this article shall analyze proficiency testing samples, if these testing samples are available. The department state board shall have the authority to contract with third parties for the provision of proficiency testing samples for those laboratories that hold or are applying for ELAP certification. The samples shall be tested by the laboratory according to methods specifically approved for this purpose by the United States government or the department, state board, or alternate methods of demonstrated adequacy or equivalence, as determined by the department. state board. Proficiency testing sample sets shall be provided, when available, not less than twice, nor more than four times, a year to each certified laboratory that performs analyses of food for pesticide residues.
(b)(1)The department state board may provide, directly or indirectly, proficiency testing samples to a laboratory for the purpose of determining compliance with this article with or without identifying the department. state board.
(2)When the department state board identifies itself, all of the following shall apply:
(A)The results of the testing shall be submitted to the department state board on forms provided by the department state board on or before the date specified by the department, state board, and shall be used in determining the competency of the laboratory.
(B)There shall be no charge to the department state board for the analysis.
(3)When the department state board does not identify itself, the department state board shall pay the price requested by the laboratory for the analyses.
(c)If a certified or NELAP TNI accredited laboratory submits proficiency testing sample results generated by another laboratory as its own, the certification or NELAP TNI accreditation shall be immediately revoked.
(d)Laboratories shall obtain their proficiency testing samples from proficiency testing sample providers that meet NELAC TNI standards. Laboratories shall bear the cost of any proficiency testing study fee charged for participation. Each laboratory shall authorize the providers of proficiency testing samples to release the report of the study results directly to the department, state board, as well as to the laboratory.
SEC. 14.Section 100872 of the Health and Safety Code is amended to read:100872.(a)An ELAP certified laboratory shall successfully analyze proficiency testing samples for those fields of testing for which they are certified, not less than once a year, where applicable. Proficiency testing procedures shall be approved by the United States government or by the department. state board.
(b)A NELAP TNI accredited laboratory shall participate in, and meet the success rate for, proficiency testing studies as required in the NELAP TNI standards.
(c)The ELAP certified or NELAP TNI accredited laboratory shall discontinue the analyses of samples for the fields of testing or subgroups which have been suspended for failure to comply with the proficiency testing requirements in this section.
SEC. 15.Section 100875 of the Health and Safety Code is amended to read:100875.Whenever the department state board determines that any person laboratory has violated or is violating this article or any certificate, regulation, or standard issued or adopted pursuant to this article, the director any officer or employee of the state board delegated such authority may issue an order directing compliance forthwith or directing compliance in accordance with a time schedule set by the department. state board. The owner of a laboratory issued an order under this section may petition for reconsideration under Section 116701.
SEC. 16.Section 100880 of the Health and Safety Code is amended to read:100880.If the department state board determines that a laboratory is in violation of this article or any regulation or order issued or adopted pursuant to this article, the department state board may, in addition to suspension, denial, or revocation of the certificate or NELAP TNI accreditation, issue a citation to the owner of the laboratory. It shall be the function of the approved recognized accrediting authority to issue citations. The Legislature finds and declares that since NELAC TNI is a standard setting body, it cannot, as such, enforce civil or criminal penalties.
(a)The citation shall be served personally or by registered mail.
(b)Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the statutory provision, order, or regulation alleged to have been violated.
(c)The citation shall fix the earliest feasible time for elimination or correction of the condition constituting the violation.
(d)Citations issued pursuant to this section shall specify a civil penalty for each violation, not to exceed one thousand dollars ($1,000), for each day that the violation occurred.
(e)If the owner fails to correct a violation within the time specified in the citation, the department state board may assess a civil penalty as follows:
(1)For failure to comply with any citation issued for a violation of this article or a regulation, an amount not to exceed two hundred fifty dollars ($250) for each day that the violation continues beyond the date specified for correction in the citation.
(2)For failure to comply with any citation issued for violation of any department-issued state board-issued order, an amount not to exceed two hundred dollars ($200) for each day the violation continues beyond the date specified for correction in the citation.
(f)The owner of a laboratory issued a citation under this section or assessed a penalty under subdivision (e) may petition for reconsideration under Section 116701.
SEC. 17.Section 100885 of the Health and Safety Code is amended to read:100885.(a)Any person who operates a laboratory that performs work that requires certification or NELAC TNI accreditation under Section 25198, 25298.5, 25358.4, 110490, or 116390 of this code, or Section 13176 of the Water Code, who is not certified or NELAC TNI accredited to do so, may be enjoined from so doing by any court of competent jurisdiction upon suit by the department. state board.
(b)When the department state board determines that any person has engaged in, or is engaged in, any act or practice that constitutes a violation of this article, or any regulation or order issued or adopted thereunder, the department state board may bring an action in the superior court for an order enjoining these practices or for an order directing compliance and affording any further relief that may be required to ensure compliance with this article.
SEC. 18.Section 100890 of the Health and Safety Code is amended to read:100890.(a)Any person who knowingly makes any false statement or representation in any application, record, or other document submitted, maintained, or used for purposes of compliance with this article, may be liable, as determined by the court, for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation or, for continuing violations, for each day that violation continues.
(b)Any person who operates a laboratory for purposes specified pursuant to Section 25198, 25298.5, 25358.4, 110490, or 116390 of this code, or Section 13176 of the Water Code that requires certification, who is not certified by the department pursuant to this article, may be liable, as determined by the court, for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation or, for continuing violations, for each day that violation continues.
(c)A laboratory that advertises or holds itself out to the public or its clients as having been certified for any of the fields field of testing referred to in Section 100860 or 100862 without having a valid and current certificate in each field of testing identified by the advertisement or other representation may be liable, as determined by the court, for a civil penalty not to exceed one thousand dollars ($1,000) or, for continuing violations, for each day that violation continues.
(d)Each civil penalty imposed for any separate violation pursuant to this section shall be separate and in addition to any other civil penalty imposed pursuant to this section or any other provision of law.
SEC. 19.Section 100895 of the Health and Safety Code is amended to read:100895.(a)Any person who knowingly does any of the following acts may, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment:
(1)Makes any false statement or representation in any application, record, report, or other document submitted, maintained, or used for the purposes of compliance with this article.
(2)Has in his or her possession any record required to be maintained pursuant to this article that has been altered or concealed.
(3)Destroys, alters, or conceals any record required to be maintained pursuant to this article.
(4)Withholds information regarding an imminent and substantial danger to the public health or safety when the information has been requested by the department state board in writing and is required to carry out the departments state boards responsibilities pursuant to this article.
(b)A second or subsequent violation of subdivision (a) is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16, 20, or 24 months or in a county jail for not more than one year, by a fine of not less than two thousand dollars ($2,000) or more than fifty thousand dollars ($50,000) per day of violation, or by both that imprisonment and fine.
(c)An ELAP certified or NELAP TNI accredited laboratory, upon suspension, revocation, or withdrawal of its ELAP certification or NELAP TNI accreditation, shall do all of the following:
(1)Discontinue use of all catalogs, advertising, business solicitations, proposals, quotations, or their materials that contain reference to their past certification or accreditation status.
(2)Return its ELAP certificate or its NELAP TNI accreditation to the department. state board.
(3)Cease all testing of samples for regulatory purposes.
(d)The penalties cited in subdivisions (a) and (b) shall also apply to NELAP TNI accredited laboratories.
SEC. 20.Section 100907 of the Health and Safety Code is amended to read:100907.(a)The department state board shall revoke, in whole or in part, the accreditation of a NELAP TNI accredited laboratory for either of the following reasons:
(1)Failure to submit an acceptable corrective action report in response to a deficiency report, and failure to implement corrective action related to any deficiencies found during a laboratory assessment. The laboratory may submit two corrective actions within the time limits specified by the accrediting authority.
(2)Failure to successfully analyze and report proficiency testing sample results pursuant to Chapter 2 of the NELAC TNI standards.
(b)The department state board shall revoke, in whole, the accreditation of a NELAP TNI accredited laboratory for any of the following reasons:
(1)Failure to respond with a corrective action report within the required 30-day period.
(2)Failure to participate in the proficiency testing program, as required by Chapter 2 of the NELAC TNI standards.
(3)Submittal of proficiency test sample results generated by another laboratory as its own.
(4)Misrepresentation of any material fact pertinent to receiving or maintaining accreditation.
(5)Denial of entry during normal business hours for an onsite assessment, as required by Chapter 3 of the NELAC TNI standards.
(6)Conviction of charges for the falsification of any report of, or that relates to, a laboratory analysis.
(c)The department state board may also revoke, in whole, a laboratorys accreditation for failure to remit the accreditation fees within the time limit established by the accrediting authority.
(d)After correcting the reason or reasons for revocation, the NELAP TNI accredited laboratory may reapply for accreditation no sooner than six months from the official date of revocation.
(e)A laboratorys NELAP TNI accreditation shall not be revoked without the right to due process, as required by Chapter 4 of the NELAC standards. in accordance with Section 100910.
SEC. 21.Section 100910 of the Health and Safety Code is repealed.100910.Proceedings for the suspension or revocation of a certificate under this article shall be conducted in accordance with Section 100171, and the department shall have all powers granted pursuant to that section.SEC. 22.Section 100910 is added to the Health and Safety Code, to read:100910.(a)The state board, after providing notice to the owner of the laboratory and opportunity for a hearing, may suspend or revoke an ELAP certification or TNI accreditation issued pursuant to this article. The notice shall inform the owner of the laboratory that the owner may request a hearing not later than 20 days from the date on which the notice is received, and shall contain a statement of facts and information that show a basis for the suspension or revocation. If the owner submits a timely request for a hearing, the hearing shall be before the state board or a member of the state board, in accordance with Section 183 of the Water Code and the rules for adjudicative proceedings adopted under Section 185 of the Water Code. If the owner does not submit a timely request for a hearing, the state board may suspend or revoke the permit without a hearing.
(b)If the certification or accreditation at issue has been temporarily suspended pursuant to Section 100915, the notice shall be provided within 15 days of the effective date of the temporary suspension order. The hearing shall be commenced as soon as practicable, but no later than 60 days after the effective date of the temporary suspension order, unless the owner requests an extension of the 60-day period.
SEC. 23.Section 100915 of the Health and Safety Code is repealed.100915.(a)The department may temporarily suspend, in whole or in part, ELAP certification or NELAP accreditation prior to any hearing, when it has determined that this action is necessary to protect the public. The department shall notify the owner of the temporary suspension and the effective date thereof and at the same time shall serve the owner with an accusation. Upon receipt of a notice of defense by the owner, the matter shall be set for hearing within 15 calendar days. The hearing shall be held as soon as possible but no later than 30 calendar days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the department fails to make a final determination on the merits within 60 calendar days after the original hearing has been completed.(b)During the suspension, the laboratory shall discontinue the analysis of samples for the specified fields of testing.SEC. 24.Section 100915 is added to the Health and Safety Code, to read:100915.(a)(1)The state board may temporarily suspend, in whole or in part, ELAP certification or TNI accreditation prior to any hearing, when it has determined that this action is necessary to protect the public. The state board shall notify the owner of the temporary suspension and the effective date of the suspension. The notice shall inform the owner of the laboratory that the owner may request a hearing not later than 20 days from the date on which the notice is received, and shall contain a statement of facts and information that show a basis for the suspension.
(2)(A)If the owner submits a timely request for a hearing, the hearing shall be commenced as soon as possible but no later than 30 calendar days after receipt of the notice or 15 calendar days after the request for a hearing is submitted, whichever is later, unless the owner requests a later date for the hearing. The hearing shall deal only with the issue of whether the temporary suspension shall remain in place pending a hearing under Section 100910.
(B)The hearing shall be conducted under the rules for adjudicative proceedings adopted by the state board under Section 185 of the Water Code.
(C)The temporary suspension shall remain in effect until the hearing is completed and the state board has made a final determination on the merits under Section 100910. However, the temporary suspension shall be deemed vacated if the state board fails to make a final determination on the merits within 60 calendar days after the hearing under Section 100910 has been completed. Vacation of the temporary suspension does not deprive the state board of jurisdiction to proceed with a hearing on the merits under Section 100910.
(b)During the suspension, the laboratory shall discontinue the analysis of samples for the fields of testing specified in the notice.
SEC. 25.Section 100920.5 is added to the Health and Safety Code, to read:100920.5.(a)Within 30 days after service of a copy of a decision or order issued by the state board under this chapter, an aggrieved party may file with the superior court a petition for a writ of mandate for review of the order.
(b)Except as otherwise provided in this section, subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure shall govern proceedings pursuant to this section. For the purposes of subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the court shall uphold the findings of the state board if those findings are supported by substantial evidence in light of the whole record.
(c)If no aggrieved party petitions for a writ of mandate within the time provided by this section, the decision or order of the state board is not subject to review by any court.
SEC. 26.Section 116271 of the Health and Safety Code is amended to read:116271.(a)The State Water Resources Control Board state board succeeds to and is vested with all of the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the State Department of Public Health, its predecessors, and its director for purposes of all of the following:
(1)The Environmental Laboratory Accreditation Act (Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101).
(2)Article 3 (commencing with Section 106875) of Chapter 4 of Part 1.
(3)Article 1 (commencing with Section 115825) of Chapter 5 of Part 10.
(4)This chapter and the Safe Drinking Water State Revolving Fund Law of 1997 (Chapter 4.5 (commencing with Section 116760)).
(5)Article 2 (commencing with Section 116800), Article 3 (commencing with Section 116825), and Article 4 (commencing with Section 116875) of Chapter 5.
(6)Chapter 7 (commencing with Section 116975).
(7)The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Division 43 (commencing with Section 75001) of the Public Resources Code).
(8)The Water Recycling Law (Chapter 7 (commencing with Section 13500) of Division 7 of the Water Code).
(9)Chapter 7.3 (commencing with Section 13560) of Division 7 of the Water Code.
(10)The California Safe Drinking Water Bond Law of 1976 (Chapter 10.5 (commencing with Section 13850) of Division 7 of the Water Code).
(11)Wholesale Regional Water System Security and Reliability Act (Division 20.5 (commencing with Section 73500) of the Water Code).
(12)Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Division 26.5 (commencing with Section 79500) of the Water Code).
(b)The State Water Resources Control Board state board shall maintain a drinking water program and carry out the duties, responsibilities, and functions described in this section. Statutory reference to department, state department, or director regarding a function transferred to the State Water Resources Control Board state board shall refer to the State Water Resources Control Board. state board. This section does not impair the authority of a local health officer to enforce this chapter or a countys election not to enforce this chapter, as provided in Section 116500.
(c)The State Water Resources Control Board state board shall succeed to the status of grantee or applicant, as appropriate, for any federal Drinking Water State Revolving Fund capitalization grants that the State Department of Public Health and any of its predecessors applied for.
(d)Regulations adopted, orders issued, and all other administrative actions taken by the State Department of Public Health, any of its predecessors, or its director, pursuant to the authorities now vested in the State Water Resources Control Board state board and in effect immediately preceding the operative date of this section shall remain in effect and are fully enforceable unless and until readopted, amended, or repealed, or until they expire by their own terms. Regulations in the process of adoption pursuant to the authorities vested in the State Water Resources Control Board state board shall continue under the authority of the State Water Resources Control Board state board unless and until the State Water Resources Control Board state board determines otherwise. Any other administrative action adopted, prescribed, taken, or performed by, or on behalf of, the State Department of Public Health, or its director, in the administration of a program or the performance of a duty, responsibility, or authorization transferred to the State Water Resources Control Board state board shall remain in effect and shall be deemed to be an action of the State Water Resources Control Board state board unless and until the State Water Resources Control Board state board determines otherwise.
(e)Permits, licenses, accreditations, certificates, and other formal approvals and authorizations issued by the State Department of Public Health, any of its predecessors, or its director pursuant to authorities vested in the State Water Resources Control Board state board pursuant to this section are not affected by the transfer and remain in effect, subject to all applicable laws and regulations, unless and until renewed, reissued, revised, amended, suspended, or revoked by the State Water Resources Control Board state board or its deputy director, as authorized pursuant to subdivision (k).
(f)Any action or proceeding by or against the State Department of Public Health, including any officer or employee of the State Department of Public Health named in an official capacity, or any of its predecessors, pertaining to matters vested in the State Water Resources Control Board state board by this section shall not abate, but shall continue in the name of the State Water Resources Control Board. state board. The State Water Resources Control Board state board shall be substituted for the State Department of Public Health, including any officer or employee of the State Department of Public Health named in an official capacity, and any of its predecessors, by the court or agency where the action or proceeding is pending. The substitution shall not in any way affect the rights of the parties to the action or proceeding.
(g)On and after the operative date of this section, the unexpended balance of all funds available for use by the State Department of Public Health or any of its predecessors in carrying out any functions transferred to the State Water Resources Control Board state board are available for use by the State Water Resources Control Board. state board.
(h)Books, documents, data, records, and property of the State Department of Public Health pertaining to functions transferred to the State Water Resources Control Board state board shall be transferred to the State Water Resources Control Board. state board. This subdivision does not transfer any part of property commonly known as the Richmond Campus that is owned by the State Public Works Board.
(i)A contract, lease, license, or any other agreement, including local primacy agreements, as described in Section 116330, to which the State Department of Public Health, any of its predecessors, its director, or their agents, is a party, are not void or voidable by reason of this section, but shall continue in full force and effect, with the State Water Resources Control Board state board assuming all of the rights, obligations, liabilities, and duties of the State Department of Public Health and any of its predecessors as it relates to the duties, powers, purposes, responsibilities, and jurisdiction vested in the State Water Resources Control Board state board pursuant to this section. This assumption does not affect the rights of the parties to the contract, lease, license, or agreement.
(j)If the Department of Water Resources entered into agreements on behalf of the State Department of Public Health or its predecessor, the State Department of Health Services, pursuant to Chapter 4.5 (commencing with Section 116760), the State Water Resources Control Board state board shall also succeed the Department of Water Resources as a party to those agreements and to all related security instruments, including, but not limited to, fiscal services agreements, deeds of trust, guarantees, letters of credit, and deposit control agreements.
(k)(1)The State Water Resources Control Board state board shall appoint a deputy director who reports to the executive director to oversee the issuance and enforcement of public water system permits and other duties as appropriate. The deputy director shall have public health expertise.
(2)The deputy director is delegated the State Water Resources Control Boards state boards authority to provide notice, approve notice content, approve emergency notification plans, and take other action pursuant to Article 5 (commencing with Section 116450), to issue, renew, reissue, revise, amend, or deny any public water system permits pursuant to Article 7 (commencing with Section 116525), to suspend or revoke any public water system permit pursuant to Article 8 (commencing with Section 116625), and to issue citations, assess penalties, or issue orders pursuant to Article 9 (commencing with Section 116650). Decisions and actions of the deputy director taken pursuant to Article 5 (commencing with Section 116450) or Article 7 (commencing with Section 116525) are deemed decisions and actions taken, taken by the state board, but are not subject to reconsideration, by the State Water Resources Control Board. reconsideration by the state board except as provided in Section 116540. Decisions and actions of the deputy director taken pursuant to Article 8 (commencing with Section 116625) and Article 9 (commencing with Section 116650) are deemed decisions and actions taken by the State Water Resources Control Board, state board, but any aggrieved person may petition the State Water Resources Control Board state board for reconsideration of the decision or action. This subdivision is not a limitation on the State Water Resources Control Boards state boards authority to delegate any other powers and duties.
(3)The State Water Resources Control Board state board shall not delegate any authority, duty, power, purpose, function, or responsibility specified in this section, including, but not limited to, issuance and enforcement of public water system permits, to the regional water quality control boards.
(l)This section shall become operative on July 1, 2014.SEC. 27.Section 116425 of the Health and Safety Code is amended to read:116425.(a)The department state board may exempt any a public water system from any a maximum contaminant level or treatment technique requirement if it finds all the following:
(1)The public water system was in operation, or had applied for a permit to operate, on the effective date of the maximum contaminant level or treatment technique requirement.
(2)Due to compelling factors, which may include either of the following factors, the public water system is unable to comply with the maximum contaminant level or treatment technique requirement or to implement measures to develop an alternative water supply:
(A)Economic factors.
(B)The entire service area of the public water system consists of a disadvantaged community, as defined under Section 1452(d) of the federal Safe Drinking Water Act (42 U.S.C. Sec. 300g-5), and meets the affordability criteria established by the department, after review and public hearing.
(3)The granting of the exemption will not result in an unreasonable risk to health.
(4)Management or restructuring changes, or both, cannot reasonably be made that will result in compliance with this chapter or, if compliance cannot be achieved, improve the quality of the drinking water.
(b)If the department state board grants a public water system an exemption for a primary drinking water standard under subdivision (a), the department state board shall prescribe, at the time an the exemption is granted, a schedule for both of the following:
(1)Compliance by the public water system with each contaminant level or treatment technique requirement for which the exemption was granted.
(2)Implementation by the public water system of interim control measures the department state board may require for each contaminant or treatment technique requirement for which the exemption was granted.
(c)Any schedule prescribed by the department state board pursuant to this section shall require compliance by the public water system with each contaminant level or treatment technique requirement for which the exemption was granted within 12 months from the granting of the exemption.
(d)The final date for compliance with any schedule issued pursuant to this section may be extended by the department state board for a period not to exceed three years from the date of the granting of the exemption if the department state board finds all of the following:
(1)The system cannot meet the standard without capital improvements that cannot be completed prior to before the date established pursuant to Section 1412(b)(1) of the federal Safe Drinking Water Act (42 U.S.C. 300g-(b)(1)).
(2)In the case of a system that needs financial assistance for the necessary improvements, the system has entered into an agreement to obtain the financial assistance or the system has entered into an enforceable agreement to become part of a regional public water system.
(3)The system is taking all practicable steps to meet the standard.
(e)In the case of a system that does not serve more than a population of 3,300 and that needs financial assistance for the necessary improvements, an exemption granted pursuant to paragraph (2) of subdivision (d) shall not exceed a total of six years.
(f)Prior to the granting of an exemption pursuant to this section, the department state board shall provide notice and an opportunity for a public hearing. Notice of any public hearing held pursuant to this section shall be given by the department state board in writing to the public water system seeking the exemption and to the public as provided in Section 6061 of the Government Code. A public hearing provided pursuant to this subdivision is not an adjudicative hearing and is not required to comply with Section 100171.
(g)A public water system may shall not receive an exemption under this section if the system is granted a variance pursuant to Section 116430.
(h)Unless the department state board has already granted an exemption pursuant to subdivision (a), the department state board may exempt a public water system from compliance with a maximum containment contaminant level or treatment technique requirement for up to two years if the department state board finds, and continues to find, that a plan submitted by the water system may reasonably be expected to bring the water system into compliance by any of the following means:
(1)The physical consolidation of the system with one or more other systems.
(2)The consolidation of significant management and administrative functions of the system with one or more other systems.
(3)The transfer of ownership of the system.
SEC. 28.Section 116540 of the Health and Safety Code is amended to read:116540.(a)Following completion of the investigation and satisfaction of the requirements of paragraphs (1) and (2), the state board shall issue or deny the permit. The state board may impose permit conditions, requirements for system improvements, technical, financial, or managerial requirements, and time schedules as it deems necessary to ensure a reliable and adequate supply of water at all times that is pure, wholesome, potable, and does not endanger the health of consumers.
(1)A public water system that was not in existence on January 1, 1998, shall not be granted a permit unless the public water system demonstrates to the state board that the water supplier possesses adequate financial, managerial, and technical capability to ensure the delivery of pure, wholesome, and potable drinking water. This section shall also apply to any change of ownership of a public water system.
(2)A permit under this chapter shall not be issued to an association organized under Title 3 (commencing with Section 18000) of the Corporations Code. This section shall not apply to unincorporated associations that, as of December 31, 1990, are holders of a permit issued under this chapter.
(b)Notwithstanding Section 116330, a local primacy agency shall not issue a permit under this article without the concurrence of the state board.
(c)In considering whether to approve a proposed new public water system, the state board shall consider the sustainability of the proposed new public water system and its water supply in the reasonably foreseeable future, in view of global climate change, potential migration of groundwater contamination and other potential treatment needs, and other factors that can significantly erode a systems capacity.
(d)If the state board determines that it is feasible for the service area of the public water system addressed by an application under this article to be served by one or more permitted public water systems identified pursuant to paragraph (1) of subdivision (c) of Section 116527, the state board may deny the permit of a proposed new public water system if it determines, based on its assessment of the preliminary technical report submitted pursuant to Section 116527, the permit application, and other relevant, substantial evidence submitted, that it is reasonably foreseeable that the proposed new public water system will be unable to provide affordable, safe drinking water in the reasonably foreseeable future.
(e)An applicant may appeal decisions and actions petition the state board for reconsideration of a decision of action of the deputy director taken pursuant to this section to the state board. section.
SEC. 29.Section 116625 of the Health and Safety Code is amended to read:116625.(a)The department, after a hearing noticed and conducted as provided in Section 100171, state board, after providing notice to the permittee and opportunity for a hearing, may suspend or revoke any permit issued pursuant to this chapter if the department state board determines pursuant to the hearing that the permittee is not complying with the permit, this chapter, or any regulation, standard, or order issued or adopted thereunder, or that the permittee has made a false statement or representation on any application, record, or report maintained or submitted for purposes of compliance with this chapter. If the permittee does not request a hearing within the period specified in the notice, the state board may suspend or revoke the permit without a hearing. If the permittee submits a timely request for a hearing, the hearing shall be before the state board or a member of the state board, in accordance with Section 183 of the Water Code and the rules for adjudicative proceedings adopted under Section 185 of the Water Code. If the permit at issue has been temporarily suspended pursuant to subdivision (c), (b), the accusation shall be served and notice of the hearing date given notice shall be provided within 15 days of the effective date of the temporary suspension order. The commencement of the hearing under this subdivision shall be as soon as practicable, but in no case later than 60 days after the effective date of the temporary suspension order. order, unless the state board grants an extension of the 60 day period upon request of the permittee.
(b)The permittee may file with the superior court a petition for a writ of mandate for review of any decision of the department made pursuant to subdivision (a). Failure to file a petition shall not preclude a party from challenging the reasonableness or validity of a decision of the department in any judicial proceeding to enforce the decision or from pursuing any remedy authorized by this chapter.(c)(b)The department state board may temporarily suspend any permit issued pursuant to this chapter prior to before any hearing when the action is necessary to prevent an imminent or substantial danger to health. The director state board shall notify the permittee of the temporary suspension and the effective date thereof of the temporary suspension and, at the same time, notify the permittee that a hearing has been scheduled. The hearing shall be held as soon as possible, but not later than 15 days after the effective date of the temporary suspension unless the state board grants an extension of the 15 day period upon request of the permittee, and shall deal only with the issue of whether the temporary suspension shall remain in place pending a hearing on the merits. under subdivision (a). The hearing shall be conducted under the rules for adjudicative proceedings adopted by the state board under Section 185 of the Water Code. The temporary suspension shall remain in effect until the hearing under this subdivision is completed and the director state board has made a final determination on the temporary suspension, that in any event which shall be made within 15 days after the completion of the hearing. hearing unless the state board grants an extension of the 15 day period upon request of the permittee. If the determination is not transmitted within 15 days after the hearing is completed, or any extension of this period requested by the permittee, the temporary suspension shall be of no further effect. Dissolution of the temporary suspension does not deprive the department state board of jurisdiction to proceed with a hearing on the merits under subdivision (a).
SEC. 30.Section 116700 of the Health and Safety Code is amended to read:116700.(a)Within 30 days after service of a copy of an a decision or order issued by the state board, an aggrieved party may file with the superior court a petition for a writ of mandate for review of the decision or order.
(b)In every case, the court shall exercise its independent judgment on the evidence.
(c)Except as otherwise provided in this section, subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure shall govern proceedings pursuant to this section.
(d)If no aggrieved party petitions for a writ of mandate within the time provided by this section, the decision or order of the state board is not subject to review by any court.
SEC. 31.Section 116701 of the Health and Safety Code is amended to read:116701.(a)(1)Within 30 days of issuance of an order or decision issued by the deputy director under authority delegated to an officer or employee of the state board under Article 8 (commencing with Section 116625) or Article 9 (commencing with Section 116650), an aggrieved person may petition the state board for reconsideration. Where the order or decision of the deputy director is issued after a hearing under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall apply instead of Section 11521 of the Government Code.
(2)Within 30 days of issuance of an order or decision under authority delegated to an officer or employee of the state board under Section 116540, the applicant may petition the state board for reconsideration.
(3)Within 30 days of final action by an officer or employee of the state board acting under delegated authority, the owner of a laboratory that was the subject of the final action may petition the state board for reconsideration of any of the following actions:
(A)Denial of an application for certification or accreditation under Section 100855.
(B)Issuance of an order directing compliance under Section 100875.
(C)Issuance of a citation under Section 100880.
(D)Assessment of a penalty under subdivision (e) of Section 100880.
(b)The petition shall include the name and address of the petitioner, a copy of the order or decision for which the petitioner seeks reconsideration, identification of the reason the petitioner alleges the issuance of the order or decision was inappropriate or improper, the specific action the petitioner requests, and other information as the state board may prescribe. The petition shall be accompanied by a statement of points and authorities of the legal issues raised by the petition.
(c)The evidence before the state board shall consist of the record before the deputy director officer or employee who issued the order or decision and any other relevant evidence that, in the judgment of the state board, should be considered to implement the policies of this chapter. The state board may, in its discretion, hold a hearing for receipt of additional evidence.
(d)The state board may refuse to reconsider the order or decision if the petition fails to raise substantial issues that are appropriate for review, may deny the petition upon a determination that the issuance of the order or decision was appropriate and proper, may set aside or modify the order or decision, or take other appropriate action. The state boards action pursuant to this subdivision shall constitute the state boards completion of its reconsideration.
(e)The state board, upon notice and hearing, if a hearing is held, may stay in whole or in part the effect of the order or decision of the deputy director. subject to the petition for reconsideration.
(f)If an order of the deputy director or decision is subject to reconsideration under this section, the filing of a petition for reconsideration is an administrative remedy that must be exhausted before filing a petition for writ of mandate under Section 116625 100920.5 or 116700.
SEC. 32.Section 21080.26 of the Public Resources Code is amended to read:21080.26.This division does not apply to minor alterations to utilities made for the purposes of complying with Sections 4026.7 116410 and 4026.8 116415 of the Health and Safety Code or regulations adopted thereunder.
SEC. 33.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Sep 27, 2017 | Chaptered by Secretary of State - Chapter 327, Statutes of 2017. |
| Sep 27, 2017 | Approved by the Governor. |
| Sep 13, 2017 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 6, 2017 | In Assembly. Ordered to Engrossing and Enrolling. |
| Sep 6, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Sep 5, 2017 | Read second time. Ordered to third reading. |
| Sep 1, 2017 | From committee: Do pass. (Ayes 7. Noes 0.) (September 1). |
| Jul 10, 2017 | In committee: Referred to APPR. suspense file. |
| Jun 21, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 20). Re-referred to Com. on APPR. |
| Jun 7, 2017 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (June 7). Re-referred to Com. on JUD. |
| May 18, 2017 | Referred to Coms. on EQ. and JUD. |
| May 4, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 4, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1395.) |
| Apr 27, 2017 | Read second time. Ordered to Consent Calendar. |
| Apr 26, 2017 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 26). |
| Mar 21, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 21). Re-referred to Com. on APPR. |
| Mar 13, 2017 | Referred to Com. on E.S. & T.M. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 6, 2017 | Assembly 3rd Reading AB1438 E.S. & T.M. (Quirk) By Wieckowski | Senate Floor |
Passed |
|
| Sep 1, 2017 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 10, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 20, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| Jun 7, 2017 | Do pass, but first be re-referred to the Committee on [Judiciary] | Senate Standing Committee on Environmental Quality |
Passed |
|
| May 4, 2017 | AB 1438 E.S. & T.M. Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 26, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 21, 2017 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Environmental Safety and Toxic Materials |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association Of Professional Scientists | ** Support | Sep 4, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1438
:
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 6/7/17
AYES: Wieckowski, Stone, Gaines, Hill, Lara, Skinner, Stern
SENATE JUDICIARY COMMITTEE: 7-0, 6/20/17
AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Stern, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
ASSEMBLY FLOOR: 76-0, 5/4/17 (Consent) - See last page for vote
DIGEST:
This bill makes conforming changes to the statutes governing the Environmental Laboratory Accreditation Act (ELAA).
Existing law:
- Establishes the ELAA to regulate and accredit or certify all laboratories that perform analyses on any combination of environmental samples, or raw or processed agricultural products.
- Authorizes California State Water Resources Control Board (SWRCB) to offer both state accreditation and National Environmental Laboratory Accreditation Program (NELAP) accreditation for environmental laboratories in California.
This bill makes conforming changes to the statutes governing the ELAA. Specifically, this bill:
- Updates the ELAA statute to replace references to the California Department of Public Health (DPH) with SWRCB.
- Updates the ELAA statute to reference the current environmental lab accreditation standard.
- Establishes administrative actions for enforcing the ELAA.
- Establishes judicial review processes for lab permit revocation.
- Makes other conforming changes.
Background
- Environmental Laboratory Accreditation Program (ELAP). The California Environmental Laboratory Improvement Act, established pursuant to AB 3739 (Chapter 894, Statutes of 1988) took effect on January 1, 1989. It established a consolidated, fee-supported, accreditation program for environmental health laboratories, and a special fund, the Environmental Laboratory Improvement Fund, to support the program. Every laboratory covered under ELAP pays a certification fee, comprised of a base fee plus a fee for each Field of Testing for which they are requesting certification (local public health department laboratories created under Health and Safety Code §§101150 and 101155 are exempt from ELAP fees).
The ELAP provides evaluation and accreditation of environmental testing laboratories to ensure that analytical data used for regulatory purposes meets the requirements of the state’s drinking water, wastewater, shellfish, food, and hazardous waste programs. The state agencies that monitor the environment use the analytical data from these accredited laboratories. ELAP-accredited laboratories have demonstrated the capability to analyze environmental samples using approved methods.
ELAP accredits nearly 600 in-state and 100 out-of-state laboratories. Approximately 55% of the laboratories are privately owned; the remainder is government-operated, including federal, state, and municipal laboratories.
- ELAP history. ELAP was one of the eleven original state accreditation programs to become a recognized accreditation body by NELAP, which was formed in 1999. The goal of NELAP was to foster cooperation among accreditation activities of different states and other governmental agencies, and to unify state and federal agency standards. Each state-level accreditation body agreed to implement standards written by the National Environmental Laboratory Accreditation Conference (NELAC), and accept the accreditation of laboratories accredited by other NELAP accreditation bodies.
In 2006, The NELAC Institute (TNI) was established for the long-term management of NELAP and the development of standards. The TNI standards are based on International Organization for Standardization (ISO) 17025 for testing laboratories and ISO 17011 for accreditation bodies (i.e., ELAP-type organizations), with added specificity for environmental laboratories and their accreditation bodies.
- Judicial review. The ELAA does not include any provision for judicial review of administrative actions, such as application denials, issuance of citations, and revocation or suspension of accreditations. AB 1438 adds language to the ELAA to allow SWRCB, after providing notice to the owner of the laboratory and opportunity for a hearing, to suspend or revoke an ELAP certification or TNI accreditation, and establish a timeframe for a hearing to dispute the administrative action.
The ELAA is also amended to make the proceedings for ELAP accreditation denials consistent with existing SWRCB administrative procedures.
Comments
Purpose of bill. According to the author, “with the transfer of the State's Drinking Water Program from CDPH on July 1, 2014, the State Water Board now has the primary enforcement authority to enforce federal and state safe drinking-water acts, and is responsible for the regulatory oversight of the ELAA and ELAP.
“As of July 1, 2014, regulations adopted, orders issued, and all other administrative actions taken by the CDPH pursuant to the authorities now vested in the State Water Board and in effect immediately preceding the transfer date will remain in effect and are fully enforceable unless and until readopted, amended, or repealed, or until they expire by their own terms by the State Water Board.
“Unfortunately, many provisions of Health and Safety Code related to the ELAP program were not updated as part of the transfer. Specific problems in existing code include:
- In many instances the code refers to the ‘Department’ rather than the Board;
- The code as it is now written refers to an accrediting standard, NELAP, which has been phased out. The code needs to be updated to reflect the new standard, maintained by TNI;
- The current code requires processes and procedures for appeal of actions on laboratory accreditation that are not consistent with the processes and procedures provided by the State Water Board for petitions of administrative actions, such as revocation or suspension of laboratory accreditation. The outdated code will inhibit the ability of the ELAP program to take necessary enforcement actions; and,
- The code as written does not include any provision for judicial review of administrative actions, such as application denials, issuance of citations, and revocation or suspension of accreditations.
“AB 1438 updates the ELAA codes by adding the State Water Board to the ELAA and making other technical and conforming changes; conforming the process by which laboratories can appeal permitting and enforcement actions taken by the ELAP with the processes regulated entities can take to appeal permitting and enforcement actions in other programs administered by the State Water Board; and, adding provisions for judicial review of administrative actions.”
Related/Prior Legislation
SB 861 (Committee on Budget and Fiscal Review, Chapter 35, Statutes of 2014) transferred the Drinking Water Program from the California Department of Public Health (DPH) to SWRCB, giving SWRCB primary enforcement authority (primacy) to enforce federal and state safe drinking water acts, and is responsible for the regulatory oversight of about 8,000 public water systems throughout the state.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, this bill will have unknown, potentially significant costs to SWRCB to conduct administrative appeals, some or all of which will be offset by greater efficiency in the appeals process and reduced litigation costs.
California Association of Professional Scientists
OPPOSITION: (Verified 8/30/17)
None received
ASSEMBLY FLOOR: 76-0, 5/4/17
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Travis Allen, Bigelow, Cristina Garcia, Patterson
9/4/17 12:53:36
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 1438 (Committee on Environmental Safety and Toxic Materials) - State Water Resources Control Board: environmental laboratories: public water systems: certificates and permits: procedures
Version: February 17, 2017 | Policy Vote: E.Q. 7 - 0, JUD. 7 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: July 10, 2017 | Consultant: Narisha Bonakdar |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 1438 makes the following conforming changes to the statutes governing the Environmental Laboratory Accreditation Act (ELAA)
Fiscal Impact:
Unknown, potentially significant costs to the State Water Resources Control Board (SWRCB) to conduct administrative appeals, some or all of which will be offset by greater efficiency in the appeals process and reduced litigation costs.
Background:
Environmental Laboratory Accreditation Program (ELAP): The California Environmental Laboratory Improvement Act (AB 3739, Chapter 894, Statutes of 1988) established a consolidated, fee-supported, accreditation program for environmental health laboratories, and created the Environmental Laboratory Improvement Fund to support the program. Every laboratory covered under ELAP pays a certification fee, comprised of a base fee plus a fee for each Field of Testing for which they are requesting certification. (Local public health department laboratories created under Health and Safety Code §§101150 and 101155 are exempt from ELAP fees).
ELAP accredits nearly 600 in-state and 100 out-of-state laboratories. Approximately 55% of the laboratories are privately owned; the remainder is government-operated, including federal, state, and municipal laboratories.
The ELAA does not include any provision for judicial review of administrative actions, such as application denials, issuance of citations, and revocation or suspension of accreditations.
Proposed Law:
This bill:
- Updates the ELAA statute to replace references to the California Department of Public Health (DPH) with the SWRCB.
- Updates the ELAA statute to reference the current environmental lab accreditation standard
- Establishes administrative actions for enforcing the ELAA.
- Establishes judicial review processes for lab permit revocation.
- Makes other conforming changes.
Related Legislation:
SB 861 (Committee on Budget and Fiscal Review, Chapter 35, Statutes of 2014) transferred the Drinking Water Program from the California Department of Public Health (DPH) to SWRCB, giving SWRCB primary enforcement authority (primacy) to enforce federal and state safe drinking water acts, and is responsible for the regulatory oversight of about 8,000 public water systems throughout the state.
Staff Comments:
Fiscal impact. According to the SWRCB, “By clarifying and highlighting the existence of remedies available to laboratories dissatisfied with certain enforcement actions, the Board may incur costs associated with petitions. However, a more robust, more transparent appeal process will likely reduce litigation costs. In all, the fiscal effects of these changes are expected to be minor and absorbable.”
-- END --
Senator Hannah-Beth Jackson, Chair
2017-2018 Regular Session
Bill No: AB 1438 (Author:Committee on Environmental Safety and Toxic Materials)
Version: February 17, 2017
Hearing Date: June 20, 2017
Fiscal: Yes
Urgency: No
Consultant: TSG
SUBJECT
State Water Resources Control Board: environmental laboratories: public water systems: certificates and permits: procedures
DESCRIPTION
This bill would update the Environmental Laboratory Accreditation Act under which the State Water Board evaluates and certifies environmental testing laboratories by: (1) correcting outdated references to other government programs and agencies; (2) harmonizing the process for challenging environmental laboratory permitting and enforcement actions with other State Water Resources Control Board programs; and (3) adding a process for judicial review of administrative actions.
BACKGROUND
A variety of California laws regulate how much the public may be exposed to certain chemicals and compounds. Things like food, drinking water, shellfish, and wastewater, for example, have to meet state standards.
To establish whether these standards have been met or not, state agencies like the Division of Drinking Water, the Department of Toxic Substances Control, and the California Department of Food and Agriculture, rely on environmental laboratories to analyze samples and report back results. In order for the regulations to be effective, the data resulting from these tests must be accurate and consistent across laboratories.
With this in mind, California enacted the Environmental Laboratory Improvement Act (AB 3739, Jones, Chapter 894, Statutes of 1988), creating a statewide program of environmental laboratory accreditation. Under this program, known as the Environmental Laboratory Accreditation Program (ELAP), laboratories must apply for certification, pay program fees, undergo site visits, correct any violations found, and pass certain proficiency tests. After initial accreditation, laboratories must go through biannual recertification, including further inspections and tests.
ELAP continues to operate today, certifying about 600 California laboratories and 100 out-of-state laboratories annually. However, since the program was established almost three decades ago, the context in which it operates has changed, while the statutory provisions underpinning the program have not. For example, ELAP began under the auspices of the Department of Health Services, that department later evolved into the Department of Public Health (DPH), and, in 2014, ELAP was transferred out of DPH and into to the Division of Drinking Water within the State Water Resources Control Board (“the Water Board”). Yet, the statutes that regulate ELAP still make reference to “the department” and still call for an administrative review process reflective of DPH procedures that differ from how the Water Board handles most other matters in its purview.
In a similar vein, around 1999, ELAP became integrated into the National Environmental Laboratory Accreditation Program (NELAP), which had the goal of implementing uniform standards developed by the National Environmental Laboratory Accreditation Conference (NELAC). As a result, California’s ELAP became eligible to certify laboratories as compliant not just with state, but also national standards. In 2006, NELAP and NELAC were collapsed into a single entity, the NELAC Institute (TNI), yet the relevant California code sections continue to reference the old entities.
At the same time, the ELAP program has never had a judicial review process built into its legal structure, leaving it potentially vulnerable to challenges on due process grounds.
This bill would revise the laws underlying the ELAP program to correct outdated references, harmonize the ELAP administrative procedures with other Water Board programs, insert a new procedure for judicial review of ELAP administrative actions, and clean up other technical errata that have developed over time within the law governing ELAP.
This bill passed out of the Senate Committee on Environmental Quality on a 7-0 vote.
CHANGES TO EXISTING LAW
Existing law, in the form of the Environmental Laboratory Accreditation Act (ELAA), establishes the Environmental Laboratory Accreditation Program (ELAP) to regulate and accredit all laboratories that perform analyses on any combination of environmental samples, or raw or processed agricultural products. (Health & Saf. Code Secs. 100825-100920.)
Existing law sets forth the procedures for ELAP application denials and ELAP accreditation suspension or revocation; requiring that ELAP follow the administrative procedures that applied to the former Department of Health Services, and that now apply to the Department of Health Care Services. (Health & Saf. Code Sec. 100855.)
Existing law also sets forth procedures for suspension and revocation of laboratory accreditations again later in the code. (Health & Saf. Code Secs. 100910 and 100915.)
Existing law authorizes ELAP to issue orders directing compliance with laboratory standards whenever it is determined that any person is in violation of any legal requirements, but does not provide any administrative procedures for a laboratory owner to contest the order. (Health & Saf. Code Sec. 100875.)
Existing law authorizes issuance of citations for violations but does not provide any administrative procedures for a laboratory owner to contest the citation. (Health & Saf. Code Sec. 100880.)
Existing law directs that ELAP accreditation denials or suspensions follow the administrative procedures that apply to the Department of Health Care Services. (Health & Saf. Sec. 100910.)
Existing law has not been updated to reflect either the establishment of the CDPH, and the transfer of the drinking water program to the newly created CDPH, or the later transfer of the ELAP program to the State Water Board. As a result, existing law directs that drinking water permit revocations and suspensions follow the administrative procedures that apply to the Department of Health Care Services. (Health & Saf. Code Sec. 116625.)
This bill would update the definitions in Section 100825 of the Health and Safety Code to reflect the transfer of the Environmental Laboratory Accreditation Program (ELAP) and drinking water program from the California Department of Public Health (CDPH) to the State Water Resource Control Board (State Water Board) by:
- changing the definition of “department” to “state board;”
- defining the term “state board” to mean State Water Resources Control Board;
- defining ELAP, a term used frequently in the Environmental Laboratory Accreditation Act, but not defined in the existing law;
- defining “TNI” to mean The NELAC Institute, which took over the combined functions of the NELAC and NELAP in 2006; and
- changing the terms NELAC and NELAP to TNI, to reflect that NELAC and NELAP no longer exist.
This bill would amend all code sections relevant to ELAP to reflect changes in terms consistent with the transfer of the program to the State Water Board and the replacement of NELAC and NELAP by TNI.
This bill would amend Sections 100840 and 100850 of the Health and Safety Code to reflect changes to Sections 100860.1 and 100862 of the Health and Safety Code made by SB 839 (Committee on Budget and Fiscal Review, Chapter 349, Statutes of 2016), which eliminated a list of specific sub-certifications available from ELAP.
This bill would amend Section 100855 of the Health and Safety Code to:
- make the proceedings for ELAP accreditation denials consistent with State Water Board administrative procedures;
- authorize the filing of a petition for reconsideration to the State Water Board for application denials; and
- delete references to suspensions and revocations of accreditations, which are addressed in amendments to Health and Safety Code Sections 100910 and 100915.
This bill would amend Section 100865 of the Health and Safety Code to allow the State Water Board to make written requests for reports, test results, and other information related to the laboratory’s accreditation.
This bill would amend Section 100875 of the Health and Safety Code to:
- authorize issuance of orders directing compliance whenever it is determined that any laboratory is in violation of any legal requirements;
- allow the filing of a petition for reconsideration to the State Water Board; and
- make State Water Board administrative procedures applicable.
This bill would amend Section 100880 of the Health and Safety Code to:
- authorize suspension, denial, or revocation of certification for violations;
- allow the filing of a petition for reconsideration to the State Water Board; and
- make State Water Board administrative procedures applicable.
This bill would amend Section 100890 of the Health and Safety Code to reflect changes to Section 100860.1, which replaced Section 100860 per SB 2203 (Committee on Environmental Quality, Ch. 733, Stats. 2000), and changes made to 100862 of the Health and Safety Code by SB 839 (Committee on Budget and Fiscal Review, Ch. 349, Stats. 2016).
This bill would amend Sections 100910 and 100915 of the Health and Safety Code to delete the outdated reference to Department of Health Care Services’ procedure and substitute the State Water Board’s procedures for adjudicative proceedings, with additional detail concerning notice and time constraints, as specified.
This bill would add Section 100921 to the Health and Safety Code, providing for judicial review of administrative actions, such as application denials, issuance of citations, and revocation or suspension of accreditations, as specified.
This bill would amend Section 116271 of the Health and Safety Code to reflect a change made by SB 1263 (Wieckowski, Ch. 843, Stats. 2016), which makes drinking water permitting decisions made under authority delegated to the Deputy Director for Drinking Water reviewable by the State Water Board. It would also modify references to “State Water Resources Control Board” to “state board,” which is how the State Water Resources Control Board is referred to throughout the chapter.
This bill would amend Section 116540 of the Health and Safety Code to clarify that the applicable procedures for State Water Board review of drinking water permitting decisions apply.
This bill would amend Section 116625 of the Health and Safety Code to make the proceedings for drinking water permit suspension or revocation consistent with State Water Board administrative procedures.
This bill would amend Section 116625 of the Health and Safety Code to:
- strike the outdated reference to the Department of Health Care Services’ procedures;
- insert the State Water Board’s procedures for adjudicative proceedings in their place, with additional detail concerning notice and time constraints; and
- remove a provision allowing for judicial review that is duplicative of and inconsistent with Section 116700, which also authorizes judicial review of drinking water permit revocations and suspensions, but does not indicate when a petition for judicial review must be filed.
This bill would amend Section 116700 for clarity, to use the same terms in different subdivisions, and to be consistent with other statutes providing for judicial review of State Water Board actions.
This bill would make conforming and clarifying technical amendments.
This bill would amend Section 21080.6 of the Public Resources Code to correct cross-references to the relevant sections of the Health and Safety Code, which were renumbered by SB 1497 (Committee on Health and Human Services, Ch. 1023, Stats. 1996).
COMMENT
1. Stated need for the bill
According to the author:
The Environmental Laboratory Accreditation Program (ELAP) provides evaluation and accreditation of environmental testing laboratories to ensure the quality of analytical data used for regulatory purposes to meet the requirements of the State’s drinking water, wastewater, shellfish, food, and hazardous waste programs. The State agencies that monitor the environment use the analytical data from these accredited laboratories. ELAP-accredited laboratories have demonstrated capability to analyze environmental samples using approved methods.
The ELAP was transferred from the Department of Public Health to the State Water Resources Control Board (State Water Board) in 2014 as part of the broader transfer of the Drinking Water Program. Unfortunately, many provisions of Health and Safety Code related to the ELAP program were not updated as part of the transfer.
AB 1438 updates the ELAA codes by adding the State Water Board to the ELAA and making other technical and conforming changes; conforming the process by which laboratories can appeal permitting and enforcement actions taken by the ELAP with the processes regulated entities can take to appeal permitting and enforcement actions in other programs administered by the State Water Board; and, adding provisions for judicial review of administrative actions.
2. Due process considerations
The ELAP program provides not only for the accreditation of environmental laboratories but also for the denial of accreditation, as well as its suspension or revocation. The Fifth Amendment to the U.S. Constitution states: “[n]o person shall be… deprived of life, liberty, or property, without due process of law…” The Fourteenth Amendment imposes the same requirement upon the states. Since laboratory accreditation could be construed as a property interest, ELPA must provide for due process as part of its accreditation denial, suspension, or revocation process.
The U.S. Supreme Court has not given any hard and fast meaning to “due process of law.” According to the Court: “due process, unlike some legal rules, is not a technical conception with a fixed content unrelated to time, place, and circumstances. Due process is flexible and calls for such procedural protections as the particular situation demands.” At a minimum, however, due process of law always entails “certain basic safeguards such as notice of the charges or issue, the opportunity for a meaningful hearing, and an impartial decision maker.”[1]
This bill would strengthen and clarify the due process provisions associated with ELAP by instituting a three stage review process. First, laboratories would be able to request reconsideration of an ELAP accreditation decision, which results in an administrative hearing. Second, those dissatisfied with the outcome of the administrative hearing would have the option of seeking review of that decision by the Water Board itself. Finally, the bill inserts an explicit provision by which laboratories could seek judicial review of accreditation decisions through petition for a writ of mandate.
Support: California Association of Professional Scientists
Opposition: None known
HISTORY
Source: Committee on Environmental Safety and Toxic Materials
Related Pending Legislation: None known
Prior Legislation:
AB 2446 (Gordon, Chapter 523, Statutes of 2016) made changes to the Water Board administrative and judicial review procedures.
SB 839 (Committee on Budget and Fiscal Review Chapter 340, Statutes of 2016) required the Water Board to institute a schedule of fees for ELAP accreditation.
SB 1263 (Wieckowski, Chapter 843, Statutes of 2016) declared drinking water permitting decisions made under authority delegated to the Deputy Director for Drinking Water reviewable by the State Water Board upon request of the applicant.
SB 861 (Committee on Budget and Fiscal Review, Chapter 35, Statutes of 2014) transferred the Drinking Water Program from the California Department of Public Health (DPH) to the State Water Resources Control Board (SWRCB), giving SWRCB primary enforcement authority (primacy) to enforce federal and state safe drinking water acts, and responsibility for the regulatory oversight of about 8,000 public water systems throughout the state.
SB 1497 (Committee on Health and Human Services, Chapter 1023, Statutes of 1996) performed maintenance of the codes impacting some ELAP-related statutes.
AB 3739 (Jones, Chapter 894, Statutes of 1988) enacted the California Environmental Laboratory Improvement Act, establishing a consolidated, fee-supported, accreditation program for environmental health laboratories, and a special fund, the Environmental Laboratory Improvement Fund, to support the program.
Prior Vote:
Senate Environmental Quality Committee (Ayes 7, Noes 0)
Assembly Floor (Ayes 76, Noes 0)
Assembly Appropriations Committee (Ayes 16, Noes 0)
Assembly Environmental Safety and Toxic Materials Committee (Ayes 7, Noes 0)
**************
Chemerinsky, Constitutional Law Policies and Principles, Fifth Edition (2015), p. 606. ↑
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2017 - 2018 Regular
Bill No: AB 1438
Author: | Committee on Environmental Safety and Toxic Materials | ||
Version: | 2/17/2017 | Hearing Date: | 6/7/2017 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Rachel Machi Wagoner | ||
SUBJECT: State Water Resources Control Board: environmental laboratories: public water systems: certificates and permits: procedures
ANALYSIS:
Existing law:
- Establishes the Environmental Laboratory Accreditation Act (ELAA) to regulate and accredit or certify all laboratories that perform analyses on any combination of environmental samples, or raw or processed agricultural products.
- Authorizes California State Water Resources Control Board (SWRCB) to offer both state accreditation and National Environmental Laboratory Accreditation Program (NELAP) accreditation for environmental laboratories in California.
This bill: Makes conforming changes to the statutes governing the ELAA. Specifically, this bill:
- Updates the ELAA statute to replace references to the California Department of Public Health (DPH) with the California State Water Resources Control Board (SWRCB).
- Updates the ELAA statute to reference the current environmental lab accreditation standard.
- Establishes administrative actions for enforcing the ELAA.
- Establishes judicial review processes for lab permit revocation.
- Makes other conforming changes.
Background
- Environmental Laboratory Accreditation Program (ELAP): The California Environmental Laboratory Improvement Act, established pursuant to AB 3739 (Chapter 894, Statutes of 1988) took effect on January 1, 1989. It established a consolidated, fee-supported, accreditation program for environmental health laboratories, and a special fund, the Environmental Laboratory Improvement Fund, to support the program. Every laboratory covered under ELAP pays a certification fee, comprised of a base fee plus a fee for each Field of Testing for which they are requesting certification (local public health department laboratories created under Health and Safety Code §§101150 and 101155 are exempt from ELAP fees).
The ELAP provides evaluation and accreditation of environmental testing laboratories to ensure that analytical data used for regulatory purposes meets the requirements of the state’s drinking water, wastewater, shellfish, food, and hazardous waste programs. The state agencies that monitor the environment use the analytical data from these accredited laboratories. ELAP-accredited laboratories have demonstrated the capability to analyze environmental samples using approved methods.
ELAP accredits nearly 600 in-state and 100 out-of-state laboratories. Approximately 55% of the laboratories are privately owned; the remainder is government-operated, including federal, state, and municipal laboratories.
- ELAP history: ELAP was one of the eleven original state accreditation programs to become a recognized accreditation body by NELAP, which was formed in 1999. The goal of NELAP was to foster cooperation among accreditation activities of different states and other governmental agencies, and to unify state and federal agency standards. Each state-level accreditation body agreed to implement standards written by the National Environmental Laboratory Accreditation Conference (NELAC), and accept the accreditation of laboratories accredited by other NELAP accreditation bodies.
In 2006, The NELAC Institute (TNI) was established for the long-term management of NELAP and the development of standards. The TNI standards are based on International Organization for Standardization (ISO) 17025 for testing laboratories and ISO 17011 for accreditation bodies (i.e., ELAP-type organizations), with added specificity for environmental laboratories and their accreditation bodies.
- Judicial review: The ELAA does not include any provision for judicial review of administrative actions, such as application denials, issuance of citations, and revocation or suspension of accreditations. AB 1438 would add language to the ELAA to allow SWRCB, after providing notice to the owner of the laboratory and opportunity for a hearing, to suspend or revoke an ELAP certification or TNI accreditation, and establish a timeframe for a hearing to dispute the administrative action.
The ELAA is also amended to make the proceedings for ELAP accreditation denials consistent with existing SWRCB administrative procedures.
Comments
Purpose of Bill. According to the author, “with the transfer of the State's Drinking Water Program from CDPH on July 1, 2014, the State Water Board now has the primary enforcement authority to enforce federal and state safe drinking-water acts, and is responsible for the regulatory oversight of the ELAA and ELAP.
“As of July 1, 2014, regulations adopted, orders issued, and all other administrative actions taken by the CDPH pursuant to the authorities now vested in the State Water Board and in effect immediately preceding the transfer date will remain in effect and are fully enforceable unless and until readopted, amended, or repealed, or until they expire by their own terms by the State Water Board.
“Unfortunately, many provisions of Health and Safety Code related to the ELAP program were not updated as part of the transfer. Specific problems in existing code include:
- In many instances the code refers to the “Department” rather than the Board;
- The code as it is now written refers to an accrediting standard, NELAP, which has been phased out. The code needs to be updated to reflect the new standard, maintained by TNI;
- The current code requires processes and procedures for appeal of actions on laboratory accreditation that are not consistent with the processes and procedures provided by the State Water Board for petitions of administrative actions, such as revocation or suspension of laboratory accreditation. The outdated code will inhibit the ability of the ELAP program to take necessary enforcement actions; and,
- The code as written does not include any provision for judicial review of administrative actions, such as application denials, issuance of citations, and revocation or suspension of accreditations.
“AB 1438 updates the ELAA codes by adding the State Water Board to the ELAA and making other technical and conforming changes; conforming the process by which laboratories can appeal permitting and enforcement actions taken by the ELAP with the processes regulated entities can take to appeal permitting and enforcement actions in other programs administered by the State Water Board; and, adding provisions for judicial review of administrative actions.”
Related/Prior Legislation
SB 861 (Committee on Budget and Fiscal Review, Chapter 35, Statutes of 2014) transferred the Drinking Water Program from the California Department of Public Health (DPH) to SWRCB, giving SWRCB primary enforcement authority (primacy) to enforce federal and state safe drinking water acts, and is responsible for the regulatory oversight of about 8,000 public water systems throughout the state.
DOUBLE REFERRAL:
If this measure is approved by the Senate Environmental Quality Committee, the do pass motion must include the action to re-refer the bill to the Senate Judiciary Committee.
SOURCE:
Author
SUPPORT:
None received
OPPOSITION:
None received
-- END --
Date of Hearing: April 26, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1438
Author:(Environmental Safety and Toxic Materials) – As Introduced Ver:February 17, 2017
Policy Committee: | Environmental Safety and Toxic Materials | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill updates and modifies the statutes governing the Environmental Laboratory Accreditation Act (ELAA). Specifically, this bill:
- Updates the ELAA statute to replace references to the California Department of Public Health (CDPH) with the California State Water Resources Control Board (SWRCB).
- Updates the ELAA statute to reference the current environmental lab accreditation standard.
- Establishes administrative actions for enforcing the ELAA.
- Establishes judicial review processes for lab permit revocation.
- Makes other conforming changes.
FISCAL EFFECT:
According to SWRCB, this bill may result in increased costs by clarifying and highlighting that laboratories dissatisfied with enforcement actions may petition SWRCB, however, any increased costs will likely be offset by reduced litigation costs resulting from a more robust and transparent appeal process.
COMMENTS:
- Purpose. This bill updates the ELAA codes by referencing SWRCB (rather than CDPH) and providing other technical and conforming changes. This bill also conforms the process by which laboratories can appeal permitting and enforcement actions taken by the Environmental Laboratory Accreditation Program (ELAP) with the processes regulated entities use to appeal permitting and enforcement actions in other programs administered by SWRCB. Lastly, this bill adds provisions for the judicial review of administrative actions.
- Background. The ELAA was established to regulate and accredit or certify all laboratories that perform analyses on any combination of environmental samples, or raw or processed agricultural products. With the transfer of the State's Drinking Water Program, SWRCB (rather than CDPH) now has the primary enforcement authority over the federal and state safe drinking water acts, and is responsible for the regulatory oversight of the ELAA and ELAP.
As of July 1, 2014, regulations adopted, orders issued, and all other administrative actions taken by the CDPH preceding the transfer date will remain in effect and are fully enforceable unless and until readopted, amended, or repealed, or until they expire by their own terms or by SWRCB. However, many provisions of Health and Safety Code related to the ELAP program were not updated as part of the transfer. This bill provides those updates.
The ELAA does not include any provision for judicial review of administrative actions, such as application denials, issuance of citations, and revocation or suspension of accreditations. This bill adds language to the ELAA to allow SWRCB, after providing notice to the owner of the laboratory and an opportunity for a hearing, to suspend or revoke an ELAP certification or accreditation, and establish a timeframe for a hearing to dispute the administrative action.
This bill also makes the proceedings for ELAP accreditation denials consistent with existing SWRCB administrative procedures.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: March 21, 2017
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bill Quirk, Chair
ABPCA Bill Id:AB 1438 (
Author:Committee on Environmental Safety and Toxic Materials) – As Introduced Ver:February 17, 2017
SUBJECT: State Water Resources Control Board: environmental laboratories: public water systems: certificates and permits: procedures
SUMMARY: Makes conforming changes to the statutes governing the Environmental Laboratory Accreditation Act (ELAA). Specifically, this bill:
- Updates the ELAA statute to replace references to the California Department of Public Health (CDPH) with the California State Water Resources Control Board (State Water Board).
- Updates the ELAA statute to reference the current environmental lab accreditation standard.
- Establishes administrative actions for enforcing the ELAA.
- Establishes judicial review processes for lab permit revocation.
- Makes other conforming changes.
EXISTING LAW:
- Establishes the ELAA to regulate and accredit or certify all laboratories that perform analyses on any combination of environmental samples, or raw or processed agricultural products. (Health & Safety Code (HSC) § 100825)
- Authorizes the State Water Board to offer both state accreditation and National Environmental Laboratory Accreditation Program (NELAP) accreditation for environmental laboratories in California. (HSC § 100829)
FISCAL EFFECT: Unknown.
COMMENTS:
Environmental Laboratory Accreditation Program (ELAP): The California Environmental Laboratory Improvement Act, established pursuant to Assembly Bill 3739 (Chapter 894, Statutes of 1988) took effect on January 1, 1989. It established a consolidated, fee-supported, accreditation program for environmental health laboratories, and a special fund, the Environmental Laboratory Improvement Fund, to support the program. Every laboratory covered under ELAP pays a certification fee, comprised of a base fee plus a fee for each Field of Testing for which they are requesting certification (local public health department laboratories created under Health and Safety Code § 101150 and 101155 are exempt from ELAP fees).
The ELAP provides evaluation and accreditation of environmental testing laboratories to ensure that analytical data used for regulatory purposes meet the requirements of the State's drinking water, wastewater, shellfish, food, and hazardous waste programs. The state agencies that monitor the environment use the analytical data from these accredited laboratories. ELAP-accredited laboratories have demonstrated the capability to analyze environmental samples using approved methods.
ELAP accredits nearly 600 in-state and 100 out-of-state laboratories. Approximately 55% of the laboratories are privately owned; the remainder is government-operated, including federal, state, and municipal laboratories.
ELAP history: ELAP was one of the eleven original state accreditation programs to become a recognized accreditation body by NELAP, which was formed in 1999. The goal of NELAP was to foster cooperation among accreditation activities of different states and other governmental agencies, and to unify state and federal agency standards. Each state-level accreditation body agreed to implement standards written by the National Environmental Laboratory Accreditation Conference (NELAC), and accept the accreditation of laboratories accredited by other NELAP accreditation bodies.
In 2006, The NELAC Institute (TNI) was established for the long-term management of NELAP and the development of standards. The TNI standards are based on International Organization for Standardization (ISO) 17025 for testing laboratories and ISO 17011 for accreditation bodies (i.e., ELAP-type organizations), with added specificity for environmental laboratories and their accreditation bodies.
Judicial review: The ELAA does not include any provision for judicial review of administrative actions, such as application denials, issuance of citations, and revocation or suspension of accreditations. AB 1438 would add language to the ELAA to allow the State Water Board, after providing notice to the owner of the laboratory and opportunity for a hearing, to suspend or revoke an ELAP certification or TNI accreditation, and establish a timeframe for a hearing to dispute the administrative action.
The ELAA is also amended to make the proceedings for ELAP accreditation denials consistent with existing State Water Board administrative procedures.
Need for code cleanup: With the transfer of the State's Drinking Water Program from CDPH on July 1, 2014, the State Water Board now has the primary enforcement authority to enforce federal and state safe drinking-water acts, and is responsible for the regulatory oversight of the ELAA and ELAP.
As of July 1, 2014, regulations adopted, orders issued, and all other administrative actions taken by the CDPH pursuant to the authorities now vested in the State Water Board and in effect immediately preceding the transfer date will remain in effect and are fully enforceable unless and until readopted, amended, or repealed, or until they expire by their own terms by the State Water Board.
Unfortunately, many provisions of Health and Safety Code related to the ELAP program were not updated as part of the transfer. Specific problems in existing code include:
- In many instances the code refers to the "Department" rather than the Board;
- The code as it is now written refers to an accrediting standard, NELAP, which has been phased out. The code needs to be updated to reflect the new standard, maintained by TNI;
- The current code requires processes and procedures for appeal of actions on laboratory accreditation that are not consistent with the processes and procedures provided by the State Water Board for petitions of administrative actions, such as revocation or suspension of laboratory accreditation. The outdated code will inhibit the ability of the ELAP program to take necessary enforcement actions; and,
- The code as written does not include any provision for judicial review of administrative actions, such as application denials, issuance of citations, and revocation or suspension of accreditations.
Solution: AB 1438 updates the ELAA codes by adding the State Water Board to the ELAA and making other technical and conforming changes; conforming the process by which laboratories can appeal permitting and enforcement actions taken by the ELAP with the processes regulated entities can take to appeal permitting and enforcement actions in other programs administered by the State Water Board; and, adding provisions for judicial review of administrative actions.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by: Paige Brokaw / E.S. & T.M. /
Discussed in Hearing
1H
Senate Standing Committee on Appropriations
8MIN
Senate Standing Committee on Environmental Quality
Bill Author
Bill Co-Author(s):