AB 664: California Safe Drinking Water Act.

(1)The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various duties and responsibilities for the regulation and control of drinking water in the state. Existing law imposes certain responsibilities on public water systems and authorizes the state board to issue a citation to a public water system if the state board determines that the public water system is in violation of the act, or any regulation, permit, standard, or order issued or adopted under the act. Existing law requires a public water system to reimburse the state board for actual costs incurred by the state board for specified enforcement activities related to that water system, as provided.

Existing law makes it a crime to knowingly commit certain acts related to the act, including violating an order issued by the board pursuant to the act that has a substantial probability of presenting an imminent danger to the health of persons.

This bill would authorize the state board to issue a citation to any person, not just a public water system, if the state board determines that the person is in violation of the act, or any regulation, permit, standard, or order issued or adopted under the act. The bill would also require persons, not just public water systems, to reimburse the state board for actual costs incurred by the state water board for specified enforcement activities related to that person, as provided. The bill would expand the definition of person, to also include the United States, to the extent authorized by federal law. The bill would also revise the acts definition of public water system. To the extent that this bill would expand the scope of coverage of the act by applying its provisions to more persons and entities, thereby expanding the application of a crime, this bill would impose a state-mandated local program.

(2)Existing law authorizes the board to order consolidation with a receiving water system, or extension of service to an area in preparation for consolidation, where a disadvantaged community is substantially reliant on domestic wells that consistently fail to provide an adequate supply of safe drinking water, or are at-risk domestic wells. Existing law provides that any domestic well owner within a consolidation or extended service area that does not provide written consent to the consolidation or extension of service shall be ineligible, until the consent is provided, for any future water-related grant funding from the state other than funding to mitigate a well failure, disaster, or other emergency.

This bill would require the owner of any domestic well that serves a rental property and is located within a consolidation or extended service area, if the owner does not provide written consent, to ensure that tenants of rental properties served solely by that domestic well have access to an adequate supply of safe drinking water. Until consent is provided, the bill would require the domestic well owner to test the drinking water from the domestic well once per year for primary and secondary water contaminants, provide the testing results to tenants and the local health officer or other relevant health agency, and provide or pay for uninterrupted replacement water service if the testing results demonstrate a violation of primary or secondary drinking water contaminant standards. The bill would require the state board to enforce these provisions relating to tenant rights only if the Legislature appropriates sufficient funds in the annual Budget Act or otherwise for that purpose. To the extent that knowingly violating an order of the board under these provisions, including an order to provide an adequate supply of safe drinking water in these circumstances, would expand the scope of a crime, this bill would impose a state-mandated local program.

(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.