AB 664: California Safe Drinking Water Act.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-13
Current Status:
Passed
(2023-10-13: Chaptered by Secretary of State - Chapter 810, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill lets the State Water Resources Control Board issue citations and charge actual enforcement costs to any person (not just public water systems), and it expands the law’s definitions to include the United States where federal law allows. It also requires owners of domestic wells that serve rental properties in areas targeted for consolidation or extended service who do not consent to those actions to test the well once a year for primary (health-related) and secondary (taste/appearance) contaminants, share results with tenants and the local health agency, and provide or pay for uninterrupted replacement water if standards are violated, without charging tenants; the board will enforce this only if the Legislature funds it.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
(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.
(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.
(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 safe drinking water, 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 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 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, defined in existing law for purposes of the act to include individuals and various corporate and public entities, associations, and institutions, 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. Existing law makes it a crime to knowingly commit certain acts related to safe drinking water, 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 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, 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.
The
(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 authorizes the board to order consolidation where a disadvantaged community, in whole or in part, 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 the consolidation or extended service area that does not provide written consent 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. Existing law makes it a crime to knowingly commit several acts related to safe drinking water, 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. 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.
This bill would require any domestic well owner within the consolidation or extended service area that does not provide written consent to ensure that tenants of rental properties served solely by that domestic well have access to safe drinking water until consent is provided. To the extent that knowingly violating an order of the board to provide safe drinking water from a domestic well would expand the scope of a crime, this bill would impose a state-mandated local program.This bill would authorize the state board to issue a citation to any person 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 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, defined in existing law for purposes of the act to include individuals and various corporate and public entities, associations, and institutions, to also include the United States, to the extent authorized by federal law. 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. Existing law makes it a crime to knowingly commit certain acts related to safe drinking water, 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 require the owner of any domestic well 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 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.
The
(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.
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 authorizes the board to order consolidation where a disadvantaged community, in whole or in part, 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 the consolidation or extended service area that does not provide written consent 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. Existing law makes it a crime to knowingly commit several acts related to safe drinking water, 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 require any domestic well owner within the consolidation or extended service area that does not provide written consent to ensure that tenants of rental properties served solely by that domestic well have access to safe drinking water until consent is provided. To the extent that knowingly violating an order of the board to provide safe drinking water from a domestic well would expand the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
As used in this chapter:
(a)Contaminant means any physical, chemical, biological, or radiological substance or matter in water.
(b)Department means the state board.
(c)Primary drinking water standards means:
(1)Maximum levels of contaminants that, in the judgment of the state board, may have an adverse effect on the health of persons.
(2)Specific treatment techniques adopted by the state board in lieu of maximum contaminant levels pursuant to subdivision (j) of Section 116365.
(3)The monitoring and reporting requirements as specified in regulations adopted by the state board that pertain to maximum contaminant levels.
(d)Secondary drinking water standards means standards that specify maximum contaminant levels that, in the judgment of the state board, are necessary to protect the public welfare. Secondary drinking water standards may apply to any contaminant in drinking water that may adversely affect the odor or appearance of the water and may cause a substantial number of persons served by the public water system to discontinue its use, or that may otherwise adversely affect the public welfare. Regulations establishing secondary drinking water standards may vary according to geographic and other circumstances and may apply to any contaminant in drinking water that adversely affects the taste, odor, or appearance of the water when the standards are necessary to ensure a supply of pure, wholesome, and potable water.
(e)Human consumption means the use of water for drinking, bathing or showering, hand washing, oral hygiene, or cooking, including, but not limited to, preparing food and washing dishes.
(f)Maximum contaminant level means the maximum permissible level of a contaminant in water.
(g)Person means an individual, corporation, company, association, partnership, limited liability company, municipality, public utility, or other public body or institution, including the United States to the extent authorized by federal law.
(h)Public water system means a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. A public water system includes the following:
(1)Any collection, treatment, storage, and distribution facilities under control of the operator of the system that are used primarily in connection with the system.
(2)Any collection or pretreatment storage facilities not under the control of the operator that are used primarily in connection with the system.
(3)Any water system that treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption.
(i)Community water system means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system.
(j)Noncommunity water system means a public water system that is not a community water system.
(k)Nontransient noncommunity water system means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year.
(l)Local health officer means a local health officer appointed pursuant to Section 101000 or a local comprehensive health agency designated by the board of supervisors pursuant to Section 101275 to carry out the drinking water program.
(m)Significant rise in the bacterial count of water means a rise in the bacterial count of water that the state board determines, by regulation, represents an immediate danger to the health of water users.
(n)State small water system means a system for the provision of piped water to the public for human consumption that serves at least 5, but not more than 14, service connections and does not regularly serve drinking water to more than an average of 25 individuals daily for more than 60 days out of the year.
(o)Transient noncommunity water system means a noncommunity water system that does not regularly serve at least 25 of the same persons over six months per year.
(p)User means a person using water for domestic purposes. User does not include a person processing, selling, or serving water or operating a public water system.
(q)Waterworks standards means regulations adopted by the state board entitled California Waterworks Standards (Chapter 16 (commencing with Section 64551) of Division 4 of Title 22 of the California Code of Regulations).
(r)Local primacy agency means a local health officer that has applied for and received primacy delegation pursuant to Section 116330.
(s)Service connection means the point of connection between the customers piping or constructed conveyance, and the water systems meter, service pipe, or constructed conveyance. A connection to a system that delivers water by a constructed conveyance other than a pipe shall not be considered a connection in determining if the system is a public water system if any of the following apply:
(1)The water is used exclusively for purposes other than residential uses, consisting of drinking, bathing, and cooking, or other similar uses.
(2)The state board determines that alternative water to achieve the equivalent level of public health protection provided by the applicable primary drinking water regulation is provided for residential or similar uses for drinking and cooking.
(3)The state board determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a passthrough entity, or the user to achieve the equivalent level of protection provided by the applicable primary drinking water regulations.
(t)Resident means a person who physically occupies, whether by ownership, rental, lease, or other means, the same dwelling for at least 60 days of the year.
(u)Water treatment operator means a person who has met the requirements for a specific water treatment operator grade pursuant to Section 106875.
(v)Water distribution operator means a person who has met the requirements for a specific water distribution operator grade pursuant to Section 106875.
(w)Water treatment plant means a group or assemblage of structures, equipment, and processes that treats, blends, or conditions the water supply of a public water system.
(x)Water distribution system means any combination of pipes, tanks, pumps, and other physical features that deliver water from the source or water treatment plant to the consumer.
(y)Public health goal means a goal established by the Office of Environmental Health Hazard Assessment pursuant to subdivision (c) of Section 116365.
(z)Small community water system means a community water system that serves no more than 3,300 service connections or a yearlong population of no more than 10,000 persons.
(aa)Disadvantaged community means the entire service area of a community water system, or a community therein, in which the median household income is less than 80 percent of the statewide annual median household income level.
(ab)State board means the State Water Resources Control Board.
(ac)Deputy director means the deputy director appointed by the state board pursuant to subdivision (k) of Section 116271.
SEC. 2.Section 116577 of the Health and Safety Code is amended to read:116577.(a) Each person shall reimburse the state board for actual costs incurred by the state board for any of the following enforcement activities related to that person:
(1) Preparing, issuing, and monitoring compliance with, an order or a citation.
(2) Preparing and issuing public notification.
(3) Conducting a hearing pursuant to Section 116625.
(b) The state board shall submit an invoice for these enforcement costs to the person that requires payment before September 1 of the fiscal year following the fiscal year in which the costs were incurred. The invoice shall indicate the total hours expended, the reasons for the expenditure, and the hourly cost rate of the state board. The costs set forth in the invoice shall not exceed the total actual costs to the state board of enforcement activities specified in this section.
(c) Notwithstanding the reimbursement of enforcement costs of the local primacy agency pursuant to subdivision (a) of Section 116595 by a public water system under the jurisdiction of the local primacy agency, a public water system or other person shall also reimburse enforcement costs, if any, incurred by the state board pursuant to this section.
(d) Enforcement costs, as used in this section, does not include litigation costs pursuant to Section 116585.
(e) The state board shall not be entitled to enforcement costs pursuant to this section if a court determines that enforcement activities were in error.
(f)Payment of the invoice shall be made within 90 days of the date of the invoice. Failure to pay the invoice within 90 days shall result in a 10-percent late penalty that shall be paid in addition to the invoiced amount.
(g)The state board may, at its sole discretion, waive payment by a public water system of all or any part of the invoice or penalty.
SEC. 3.Section 116650 of the Health and Safety Code is amended to read:116650.(a)If the state board determines that a person is in violation of this chapter or any regulation, permit, standard, citation, or order issued or adopted thereunder, the state board may issue a citation to the person. The citation shall be served upon the person personally or by certified mail. Service shall be deemed effective as of the date of personal service or the date of receipt of the certified mail. If a person to whom a citation is directed refuses to accept delivery of the certified mail, the date of service shall be deemed to be the date of mailing.
(b)Each citation shall be in writing and shall describe the nature of the violation or violations, including a reference to the statutory provision, standard, order, citation, permit, or regulation alleged to have been violated.
(c)A citation may specify a date for elimination or correction of the condition constituting the violation.
(d)A citation may include the assessment of a penalty as specified in subdivision (e).
(e)The state board may assess a penalty in an amount not to exceed one thousand dollars ($1,000) per day for each day that a violation occurred, and for each day that a violation continues to occur. A separate penalty may be assessed for each violation and shall be in addition to any liability or penalty imposed under any other law.
SEC. 4.Section 116682 of the Health and Safety Code is amended to read:116682.(a)(1)The state board, in circumstances described in subparagraph (A) or (B), may order consolidation with a receiving water system as provided in this section and Section 116684. The consolidation may be physical or operational. The state board may also order the extension of service to an area within a disadvantaged community that does not have access to an adequate supply of safe drinking water so long as the extension of service is an interim extension of service in preparation for consolidation. The consolidation shall occur within six months of the initiation of the extension of service. The state board may set timelines and performance measures to facilitate completion of consolidation.
(A)A public water system or a state small water system, serving a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water, or is an at-risk water system.
(B)A disadvantaged community, in whole or in part, is substantially reliant on domestic wells that consistently fail to provide an adequate supply of safe drinking water, or are at-risk domestic wells.
(2)No later than July 1, 2020, the state board shall develop and adopt a policy that provides a process by which members of a disadvantaged community may petition the state board to consider ordering consolidation. The state board shall adopt the policy in a policy handbook consistent with the process provided for in subdivision (a) of Section 116760.43.
(b)Before ordering consolidation or extension of service as provided in this section, the state board shall do all of the following:
(1)Encourage voluntary consolidation or extension of service.
(2)Consider other enforcement remedies specified in this article.
(3)Consult with, and fully consider input from, the relevant local agency formation commission regarding the provision of water service in the affected area, the recommendations for improving service in a municipal service review, whether the consolidation or extension of service is cost effective, and any other relevant information.
(4)Consult with, and fully consider input from, the Public Utilities Commission when the consolidation would involve a water corporation subject to the commissions jurisdiction. If a receiving water system is regulated by the Public Utilities Commission, the state board shall inform the commission at least 60 days before the consolidation order, and upon issuance of the order the commission shall open a proceeding to determine cost allocation, ratemaking, and commission public participation requirements for the consolidation process.
(5)Consult with, and fully consider input from, the local government with land use planning authority over the affected area, particularly regarding any information in the general plan required by Section 65302.10 of the Government Code.
(6)Consult with, and fully consider input from, the potentially receiving water system and all public water systems in the chain of distribution of the potentially receiving water system. The input from the potentially receiving water system may include, but is not limited to, information related to the classification of the potentially subsumed water system as an at-risk water system or a state small water system or of at-risk domestic wells.
(7)Consult with, and fully consider input from, any groundwater sustainability agency in a basin that provides groundwater supply, in whole or in part, to the affected area.
(8)(A)Notify the potentially receiving water system and the potentially subsumed water system, if any, and establish a reasonable deadline of no less than six months, unless a shorter period is justified, for the potentially receiving water system and the potentially subsumed water system, if any, to negotiate consolidation or another means of providing an adequate supply of safe drinking water.
(B)During this period, the state board shall provide technical assistance and work with the potentially receiving water system and the potentially subsumed water system to develop a financing package that benefits both the receiving water system and the subsumed water system.
(C)Upon a showing of good cause, the deadline may be extended by the state board at the request of the potentially receiving water system, potentially subsumed water system, the local agency formation commission with jurisdiction over the potentially subsumed water system, or the Public Utilities Commission.
(9)Consider the affordability of the anticipated monthly rates for drinking water service to residential customers of the potentially subsumed water system.
(10)(A)Hold at least one public meeting at the initiation of this process in a place as close as feasible to the affected areas. The state board shall make reasonable efforts to provide a 30-day notice of the meeting to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and all affected local government agencies and drinking water service providers. The 30-day notice shall include information about water quality concerns in the area, relevant information about health effects of water contaminants, and information about opportunities for consolidation or extension of service to address water quality issues. The meeting shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, the potentially receiving water system, and the public an opportunity to present oral and written comments.
(B)The state board shall provide an opportunity to submit comments by mail or electronically during the notice period and for at least one week after the meeting.
(C)The state board shall review comments received during the meeting and received by mail and electronically during the notice period and for one week after the public meeting.
(11)If the potentially subsumed water system to be consolidated into the receiving water system is an at-risk water system, the state board shall do all of the following:
(A)Conduct outreach to ratepayers and residents served by the at-risk water system, including identifiable local community groups. These outreach efforts shall gauge community support for consolidation of the at-risk water system. The state board shall consider the results of this outreach when deciding whether to order consolidation of the at-risk water system.
(B)Consider any petition submitted pursuant to paragraph (2) of subdivision (a) by members of a disadvantaged community served by the at-risk water system.
(C)(i)If the potentially subsumed water system contends during the initial written comment period set forth in subparagraph (B) of paragraph (10) that it is not an at-risk water system, the state board shall consider during a public meeting any information provided by the potentially subsumed water system in support of its contention that it is not an at-risk water system.
(ii)The state board shall make reasonable efforts to provide a 30-day notice of the public meeting described in clause (i) to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and all affected local government agencies and drinking water service providers.
(c)If a consolidation or other means of providing an adequate supply of safe drinking water has not been negotiated by the potentially receiving water system and the potentially subsumed water system before the expiration of the deadline set by the state board pursuant to paragraph (8) of subdivision (b), the state board shall do the following:
(1)Consult with the potentially receiving water system and the potentially subsumed water system, if any.
(2)(A)If the consolidation has not concluded within six months following the first public meeting held pursuant to paragraph (10) of subdivision (b), conduct a public meeting in a location as close as feasible to the affected communities. The meeting shall be held after the state board has made the findings described in subdivision (d).
(B)The state board shall make reasonable efforts to provide a 30-day notice of the meeting to the ratepayers, renters, property owners to receive water service through service extension or in the area of the subsumed water system, and the public, and to all affected local government agencies and drinking water service providers.
(C)The meeting shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, and the potentially receiving water system an opportunity to present oral and written comments.
(D)The meeting shall provide an opportunity for public comment.
(3)The state board shall make reasonable efforts to ensure that a receiving water system and a subsumed water system are informed on a regular basis of progress regarding actions taken pursuant to this section.
(d)Before ordering consolidation or extension of service, the state board shall find all of the following:
(1)The potentially subsumed water system has consistently failed to provide an adequate supply of safe drinking water or it is at risk of doing so, as determined by the state board.
(2)Reasonable efforts to negotiate consolidation or extension of service were made.
(3)Consolidation of the receiving water system and subsumed water system or extension of service is appropriate and technically and economically feasible. In making this finding, the state board shall consider how many owners of dwelling units served by domestic wells in the service area have provided, or are likely to provide, written consent to extension of service. The state board need not find that any specific percentage of the owners of dwelling units served by domestic wells in the service area are likely to consent to the consolidation or extension of service to serve their dwelling unit.
(4)There is no pending local agency formation commission process that is likely to resolve the problem in a reasonable amount of time.
(5)Concerns regarding water rights and water contracts of the subsumed and receiving water systems have been adequately addressed.
(6)Consolidation or extension of service is an effective and cost-effective means to provide an adequate supply of safe drinking water.
(7)The capacity of the proposed interconnection needed to accomplish the consolidation is limited to serving the current customers of the subsumed water system, infill sites within the community served by the subsumed water system, residents of disadvantaged communities in existence as of the date of consolidation and that are located along the service line connecting the subsumed water system and the receiving water system, and vacant lots within the community served by the subsumed water system that are zoned to allow residential use and have no more than one other vacant lot between that parcel and an infill parcel, including capacity needed for services such as firefighting.
(e)Upon ordering consolidation or extension of service, the state board shall do all of the following:
(1)As necessary and appropriate, as determined by the state board, compensate the receiving water system for any capacity lost as a result of the consolidation or extension of service either by paying the water systems capacity charge set out in the water systems adopted rate structure or by providing additional capacity needed as a result of the consolidation or extension of service, and by paying legal fees. When the receiving water system is compensated for capacity lost by payment of a capacity charge, the capacity charge shall be paid only to the extent that it does not exceed the reasonable cost of providing the service in accordance with Section 66013 of the Government Code. If capacity beyond what is needed for consolidation is provided by a project funded through the state board, the state board shall retain an option to use that capacity for future consolidations, without paying additional capacity charges, for five years, unless it releases that option in writing. Funding pursuant to this paragraph is available for the general purpose of providing financial assistance for the infrastructure needed for the consolidation or extension of service and does not need to be specific to each individual consolidation project. The state board shall provide appropriate financial assistance for the water infrastructure needed for the consolidation or extension of service. The state boards existing financial assistance guidelines and policies shall be the basis for the financial assistance.
(2)Ensure payment of standard local agency formation commission fees caused by state board-ordered consolidation or extension of service.
(3)Adequately compensate the owners of a privately owned subsumed water system for the fair market value of the system, as determined by the Public Utilities Commission or the state board.
(4)Coordinate with the appropriate local agency formation commission and other relevant local agencies to facilitate the change of organization or reorganization.
(5)If ordering consolidation or extension of service between two water systems, consider any existing domestic wells within the service area that could also be subject to consolidation or extension of service pursuant to this section.
(6)If ordering consolidation or extension of service to a community containing residences served by domestic wells, promptly take all reasonable steps to obtain written consent to the consolidation or extension of service from an owner of each residence served by a domestic well.
(f)If funds are appropriated for this purpose, the state board may make funds available for the purposes of subdivision (e), as necessary and appropriate, to the receiving water system, the subsumed water system, or an administrator providing full oversight of construction or development projects related to a consolidation or extension of service.
(g)(1)For purposes of this section, fees, charges, and terms and conditions that may be imposed on new and existing customers of a receiving water system shall be subject to the following limitations:
(A)The consolidated water system shall not increase charges on existing customers of the receiving water system solely as a consequence of the consolidation or extension of service unless the customers receive a corresponding benefit.
(B)Except as provided in paragraph (2), fees or charges imposed on a customer of a subsumed water system shall not exceed the costs of the service.
(C)Except as provided in paragraph (2), the receiving water system shall not charge any fees to, or place conditions on, customers of the subsumed water system that it does not charge to, or impose on, new customers that are not subject to the consolidation with the receiving water system.
(2)(A)Notwithstanding subparagraph (B) or (C) of paragraph (1), if costs incurred by the receiving water system in completing the consolidation or extension of service are not otherwise recoverable as provided in subparagraph (B) of this paragraph, the receiving water system may charge fees to customers of the subsumed water system to recover those costs.
(B)A receiving water system shall not charge a fee pursuant to subparagraph (A) for costs that are otherwise recoverable from the state, the federal government, programs administered by local agencies, parties responsible for causing contamination that the consolidation or extension of service is designed to address, or other sources, as determined by the state board.
(h)The state board shall not, pursuant to this section, fund public works or upgrades unrelated to the delivery of an adequate supply of affordable, safe drinking water, including, but not limited to, the installation of streetlights, sidewalks, curbs, and gutters. A local agencys decision whether to provide these public works or upgrades shall not delay the consolidation or extension of service.
(i)When a public water system is operated by a local educational agency, the state board may order a receiving water system to consolidate or extend service to a public water system operated by a local educational agency pursuant to this section if both the following additional conditions are met:
(1)The local educational agency serves students from one or more census blocks that are disadvantaged communities.
(2)The state board obtains a written determination from the local educational agency that the state boards analysis in the financing package, developed pursuant to subparagraph (B) of paragraph (8) of subdivision (b), indicates that consolidating or extending service would not result in additional unacceptable costs to the local educational agency and would result in safe drinking water being available to the local educational agency.
(j)(1)An order pursuant to this section shall not require consolidation or extension of service to a residence served solely by a domestic well until an owner of the affected residence provides written consent to the consolidation or extension of service.
(2)Any owner of a domestic well that is located within the consolidation or extended service area who does not provide written consent 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.
(3)(A)Notwithstanding any other law, any owner of a domestic well that serves a rental property and is located within the consolidation or extended service area who does not provide written consent shall ensure that tenants of rental properties served solely by that domestic well have access to an adequate supply of safe drinking water and, until consent is provided, shall do all of the following:
(i)Once per year, test the drinking water from domestic wells subject to subparagraph (A). Testing shall be conducted for all contaminants for which the state board has adopted primary and secondary drinking water standards and conducted pursuant to Section 64534 of Title 22 of the California Code of Regulations, and any revisions to those regulations.
(ii)Provide the results from the testing to all tenants within 10 days of receiving those results. The notice shall comply with subdivisions (a) and (d) of Section 64465 of Title 22 of the California Code of Regulations, and any revisions to those regulations, and shall be provided in English and the primary language spoken by the tenant recipient.
(iii)Provide the test results to the local health officer or other relevant health agency.
(B)If the testing results collected pursuant to subparagraph (A) demonstrate a violation of any primary or secondary drinking water standards adopted by the state board, the domestic well owner shall provide or pay for uninterrupted replacement water service, which may include wellhead treatment.
(C)If wellhead treatment is used to meet the requirement of subparagraph (B), the domestic well owner shall do both of the following:
(i)Conduct testing pursuant to Section 64534 of Title 22 of the California Code of Regulations, and any revisions to those regulations, to determine if, subsequent to wellhead treatment, water from the domestic well meets primary and secondary drinking water standards adopted by the state board.
(ii)Provide the test results to tenants pursuant to clause (ii) of subparagraph (A) and to the local health officer or other relevant health agency.
(D)An owner of a domestic well shall not impose any charge, or increase any fee, rent, or other charge imposed, on any tenant solely as a result of the requirements of subparagraphs (A), (B), and (C).
(E)The requirements of this paragraph shall apply to consolidations ordered by the state board pursuant to this section, and to voluntary consolidations negotiated between a receiving water system and a subsumed water system, subsequent to encouragement to consolidate by the state board pursuant to paragraph (1) of subdivision (b).
(F)The state board shall enforce this paragraph if the Legislature has appropriated sufficient funds in the annual Budget Act or otherwise for that purpose.
(k)A finding that a disadvantaged community, in whole or in part, is substantially reliant on at-risk domestic wells shall be based on the maps created pursuant to paragraph (1) of subdivision (a) of Section 116772 and inspection or testing of the domestic wells showing an imminent risk of failing to provide an adequate supply of safe drinking water.
(l)The state board may prioritize consolidation of an at-risk water system that has historically been overburdened by pollution and industrial development or faced other environmental justice hurdles.
(m)Division 3 (commencing with Section 56000) of Title 5 of the Government Code does not apply to an action taken by the state board pursuant to this section.
SEC. 5.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.
As used in this chapter:
(a)Contaminant means any physical, chemical, biological, or radiological substance or matter in water.
(b)Department means the state board.
(c)Primary drinking water standards means:
(1)Maximum levels of contaminants that, in the judgment of the state board, may have an adverse effect on the health of persons.
(2)Specific treatment techniques adopted by the state board in lieu of maximum contaminant levels pursuant to subdivision (j) of Section 116365.
(3)The monitoring and reporting requirements as specified in regulations adopted by the state board that pertain to maximum contaminant levels.
(d)Secondary drinking water standards means standards that specify maximum contaminant levels that, in the judgment of the state board, are necessary to protect the public welfare. Secondary drinking water standards may apply to any contaminant in drinking water that may adversely affect the odor or appearance of the water and may cause a substantial number of persons served by the public water system to discontinue its use, or that may otherwise adversely affect the public welfare. Regulations establishing secondary drinking water standards may vary according to geographic and other circumstances and may apply to any contaminant in drinking water that adversely affects the taste, odor, or appearance of the water when the standards are necessary to ensure a supply of pure, wholesome, and potable water.
(e)Human consumption means the use of water for drinking, bathing or showering, hand washing, oral hygiene, or cooking, including, but not limited to, preparing food and washing dishes.
(f)Maximum contaminant level means the maximum permissible level of a contaminant in water.
(g)Person means an individual, corporation, company, association, partnership, limited liability company, municipality, public utility, or other public body or institution, including the United States to the extent authorized by federal law.
(h)Public water system means a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. A public water system includes the following:
(1)Any collection, treatment, storage, and distribution facilities under control of the operator of the system that are used primarily in connection with the system.
(2)Any collection or pretreatment storage facilities not under the control of the operator that are used primarily in connection with the system.
(3)Any water system that treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption.
(i)Community water system means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system.
(j)Noncommunity water system means a public water system that is not a community water system.
(k)Nontransient noncommunity water system means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year.
(l)Local health officer means a local health officer appointed pursuant to Section 101000 or a local comprehensive health agency designated by the board of supervisors pursuant to Section 101275 to carry out the drinking water program.
(m)Significant rise in the bacterial count of water means a rise in the bacterial count of water that the state board determines, by regulation, represents an immediate danger to the health of water users.
(n)State small water system means a system for the provision of piped water to the public for human consumption that serves at least 5, but not more than 14, service connections and does not regularly serve drinking water to more than an average of 25 individuals daily for more than 60 days out of the year.
(o)Transient noncommunity water system means a noncommunity water system that does not regularly serve at least 25 of the same persons over six months per year.
(p)User means a person using water for domestic purposes. User does not include a person processing, selling, or serving water or operating a public water system.
(q)Waterworks standards means regulations adopted by the state board entitled California Waterworks Standards (Chapter 16 (commencing with Section 64551) of Division 4 of Title 22 of the California Code of Regulations).
(r)Local primacy agency means a local health officer that has applied for and received primacy delegation pursuant to Section 116330.
(s)Service connection means the point of connection between the customers piping or constructed conveyance, and the water systems meter, service pipe, or constructed conveyance. A connection to a system that delivers water by a constructed conveyance other than a pipe shall not be considered a connection in determining if the system is a public water system if any of the following apply:
(1)The water is used exclusively for purposes other than residential uses, consisting of drinking, bathing, and cooking, or other similar uses.
(2)The state board determines that alternative water to achieve the equivalent level of public health protection provided by the applicable primary drinking water regulation is provided for residential or similar uses for drinking and cooking.
(3)The state board determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a passthrough entity, or the user to achieve the equivalent level of protection provided by the applicable primary drinking water regulations.
(t)Resident means a person who physically occupies, whether by ownership, rental, lease, or other means, the same dwelling for at least 60 days of the year.
(u)Water treatment operator means a person who has met the requirements for a specific water treatment operator grade pursuant to Section 106875.
(v)Water distribution operator means a person who has met the requirements for a specific water distribution operator grade pursuant to Section 106875.
(w)Water treatment plant means a group or assemblage of structures, equipment, and processes that treats, blends, or conditions the water supply of a public water system.
(x)Water distribution system means any combination of pipes, tanks, pumps, and other physical features that deliver water from the source or water treatment plant to the consumer.
(y)Public health goal means a goal established by the Office of Environmental Health Hazard Assessment pursuant to subdivision (c) of Section 116365.
(z)Small community water system means a community water system that serves no more than 3,300 service connections or a yearlong population of no more than 10,000 persons.
(aa)Disadvantaged community means the entire service area of a community water system, or a community therein, in which the median household income is less than 80 percent of the statewide annual median household income level.
(ab)State board means the State Water Resources Control Board.
(ac)Deputy director means the deputy director appointed by the state board pursuant to subdivision (k) of Section 116271.
SEC. 2.Section 116577 of the Health and Safety Code is amended to read:116577.(a) Each person shall reimburse the state board for actual costs incurred by the state board for any of the following enforcement activities related to that person:
(1) Preparing, issuing, and monitoring compliance with, an order or a citation.
(2) Preparing and issuing public notification.
(3) Conducting a hearing pursuant to Section 116625.
(b) The state board shall submit an invoice for these enforcement costs to the person that requires payment before September 1 of the fiscal year following the fiscal year in which the costs were incurred. The invoice shall indicate the total hours expended, the reasons for the expenditure, and the hourly cost rate of the state board. The costs set forth in the invoice shall not exceed the total actual costs to the state board of enforcement activities specified in this section.
(c) Notwithstanding the reimbursement of enforcement costs of the local primacy agency pursuant to subdivision (a) of Section 116595 by a public water system under the jurisdiction of the local primacy agency, a public water system or other person shall also reimburse enforcement costs, if any, incurred by the state board pursuant to this section.
(d) Enforcement costs, as used in this section, does not include litigation costs pursuant to Section 116585.
(e) The state board shall not be entitled to enforcement costs pursuant to this section if a court determines that enforcement activities were in error.
(f)Payment of the invoice shall be made within 90 days of the date of the invoice. Failure to pay the invoice within 90 days shall result in a 10-percent late penalty that shall be paid in addition to the invoiced amount.
(g)The state board may, at its sole discretion, waive payment by a public water system of all or any part of the invoice or penalty.
SEC. 3.Section 116650 of the Health and Safety Code is amended to read:116650.(a)If the state board determines that a person is in violation of this chapter or any regulation, permit, standard, citation, or order issued or adopted thereunder, the state board may issue a citation to the person. The citation shall be served upon the person personally or by certified mail. Service shall be deemed effective as of the date of personal service or the date of receipt of the certified mail. If a person to whom a citation is directed refuses to accept delivery of the certified mail, the date of service shall be deemed to be the date of mailing.
(b)Each citation shall be in writing and shall describe the nature of the violation or violations, including a reference to the statutory provision, standard, order, citation, permit, or regulation alleged to have been violated.
(c)A citation may specify a date for elimination or correction of the condition constituting the violation.
(d)A citation may include the assessment of a penalty as specified in subdivision (e).
(e)The state board may assess a penalty in an amount not to exceed one thousand dollars ($1,000) per day for each day that a violation occurred, and for each day that a violation continues to occur. A separate penalty may be assessed for each violation and shall be in addition to any liability or penalty imposed under any other law.
SEC. 4.Section 116682 of the Health and Safety Code is amended to read:116682.(a)(1)The state board, in circumstances described in subparagraph (A) or (B), may order consolidation with a receiving water system as provided in this section and Section 116684. The consolidation may be physical or operational. The state board may also order the extension of service to an area within a disadvantaged community that does not have access to an adequate supply of safe drinking water so long as the extension of service is an interim extension of service in preparation for consolidation. The consolidation shall occur within six months of the initiation of the extension of service. The state board may set timelines and performance measures to facilitate completion of consolidation.
(A)A public water system or a state small water system, serving a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water, or is an at-risk water system.
(B)A disadvantaged community, in whole or in part, is substantially reliant on domestic wells that consistently fail to provide an adequate supply of safe drinking water, or are at-risk domestic wells.
(2)No later than July 1, 2020, the state board shall develop and adopt a policy that provides a process by which members of a disadvantaged community may petition the state board to consider ordering consolidation. The state board shall adopt the policy in a policy handbook consistent with the process provided for in subdivision (a) of Section 116760.43.
(b)Before ordering consolidation or extension of service as provided in this section, the state board shall do all of the following:
(1)Encourage voluntary consolidation or extension of service.
(2)Consider other enforcement remedies specified in this article.
(3)Consult with, and fully consider input from, the relevant local agency formation commission regarding the provision of water service in the affected area, the recommendations for improving service in a municipal service review, whether the consolidation or extension of service is cost effective, and any other relevant information.
(4)Consult with, and fully consider input from, the Public Utilities Commission when the consolidation would involve a water corporation subject to the commissions jurisdiction. If a receiving water system is regulated by the Public Utilities Commission, the state board shall inform the commission at least 60 days before the consolidation order, and upon issuance of the order the commission shall open a proceeding to determine cost allocation, ratemaking, and commission public participation requirements for the consolidation process.
(5)Consult with, and fully consider input from, the local government with land use planning authority over the affected area, particularly regarding any information in the general plan required by Section 65302.10 of the Government Code.
(6)Consult with, and fully consider input from, the potentially receiving water system and all public water systems in the chain of distribution of the potentially receiving water system. The input from the potentially receiving water system may include, but is not limited to, information related to the classification of the potentially subsumed water system as an at-risk water system or a state small water system or of at-risk domestic wells.
(7)Consult with, and fully consider input from, any groundwater sustainability agency in a basin that provides groundwater supply, in whole or in part, to the affected area.
(8)(A)Notify the potentially receiving water system and the potentially subsumed water system, if any, and establish a reasonable deadline of no less than six months, unless a shorter period is justified, for the potentially receiving water system and the potentially subsumed water system, if any, to negotiate consolidation or another means of providing an adequate supply of safe drinking water.
(B)During this period, the state board shall provide technical assistance and work with the potentially receiving water system and the potentially subsumed water system to develop a financing package that benefits both the receiving water system and the subsumed water system.
(C)Upon a showing of good cause, the deadline may be extended by the state board at the request of the potentially receiving water system, potentially subsumed water system, the local agency formation commission with jurisdiction over the potentially subsumed water system, or the Public Utilities Commission.
(9)Consider the affordability of the anticipated monthly rates for drinking water service to residential customers of the potentially subsumed water system.
(10)(A)Hold at least one public meeting at the initiation of this process in a place as close as feasible to the affected areas. The state board shall make reasonable efforts to provide a 30-day notice of the meeting to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and all affected local government agencies and drinking water service providers. The 30-day notice shall include information about water quality concerns in the area, relevant information about health effects of water contaminants, and information about opportunities for consolidation or extension of service to address water quality issues. The meeting shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, the potentially receiving water system, and the public an opportunity to present oral and written comments.
(B)The state board shall provide an opportunity to submit comments by mail or electronically during the notice period and for at least one week after the meeting.
(C)The state board shall review comments received during the meeting and received by mail and electronically during the notice period and for one week after the public meeting.
(11)If the potentially subsumed water system to be consolidated into the receiving water system is an at-risk water system, the state board shall do all of the following:
(A)Conduct outreach to ratepayers and residents served by the at-risk water system, including identifiable local community groups. These outreach efforts shall gauge community support for consolidation of the at-risk water system. The state board shall consider the results of this outreach when deciding whether to order consolidation of the at-risk water system.
(B)Consider any petition submitted pursuant to paragraph (2) of subdivision (a) by members of a disadvantaged community served by the at-risk water system.
(C)(i)If the potentially subsumed water system contends during the initial written comment period set forth in subparagraph (B) of paragraph (10) that it is not an at-risk water system, the state board shall consider during a public meeting any information provided by the potentially subsumed water system in support of its contention that it is not an at-risk water system.
(ii)The state board shall make reasonable efforts to provide a 30-day notice of the public meeting described in clause (i) to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and all affected local government agencies and drinking water service providers.
(c)If a consolidation or other means of providing an adequate supply of safe drinking water has not been negotiated by the potentially receiving water system and the potentially subsumed water system before the expiration of the deadline set by the state board pursuant to paragraph (8) of subdivision (b), the state board shall do the following:
(1)Consult with the potentially receiving water system and the potentially subsumed water system, if any.
(2)(A)If the consolidation has not concluded within six months following the first public meeting held pursuant to paragraph (10) of subdivision (b), conduct a public meeting in a location as close as feasible to the affected communities. The meeting shall be held after the state board has made the findings described in subdivision (d).
(B)The state board shall make reasonable efforts to provide a 30-day notice of the meeting to the ratepayers, renters, property owners to receive water service through service extension or in the area of the subsumed water system, and the public, and to all affected local government agencies and drinking water service providers.
(C)The meeting shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, and the potentially receiving water system an opportunity to present oral and written comments.
(D)The meeting shall provide an opportunity for public comment.
(3)The state board shall make reasonable efforts to ensure that a receiving water system and a subsumed water system are informed on a regular basis of progress regarding actions taken pursuant to this section.
(d)Before ordering consolidation or extension of service, the state board shall find all of the following:
(1)The potentially subsumed water system has consistently failed to provide an adequate supply of safe drinking water or it is at risk of doing so, as determined by the state board.
(2)Reasonable efforts to negotiate consolidation or extension of service were made.
(3)Consolidation of the receiving water system and subsumed water system or extension of service is appropriate and technically and economically feasible. In making this finding, the state board shall consider how many owners of dwelling units served by domestic wells in the service area have provided, or are likely to provide, written consent to extension of service. The state board need not find that any specific percentage of the owners of dwelling units served by domestic wells in the service area are likely to consent to the consolidation or extension of service to serve their dwelling unit.
(4)There is no pending local agency formation commission process that is likely to resolve the problem in a reasonable amount of time.
(5)Concerns regarding water rights and water contracts of the subsumed and receiving water systems have been adequately addressed.
(6)Consolidation or extension of service is an effective and cost-effective means to provide an adequate supply of safe drinking water.
(7)The capacity of the proposed interconnection needed to accomplish the consolidation is limited to serving the current customers of the subsumed water system, infill sites within the community served by the subsumed water system, residents of disadvantaged communities in existence as of the date of consolidation and that are located along the service line connecting the subsumed water system and the receiving water system, and vacant lots within the community served by the subsumed water system that are zoned to allow residential use and have no more than one other vacant lot between that parcel and an infill parcel, including capacity needed for services such as firefighting.
(e)Upon ordering consolidation or extension of service, the state board shall do all of the following:
(1)As necessary and appropriate, as determined by the state board, compensate the receiving water system for any capacity lost as a result of the consolidation or extension of service either by paying the water systems capacity charge set out in the water systems adopted rate structure or by providing additional capacity needed as a result of the consolidation or extension of service, and by paying legal fees. When the receiving water system is compensated for capacity lost by payment of a capacity charge, the capacity charge shall be paid only to the extent that it does not exceed the reasonable cost of providing the service in accordance with Section 66013 of the Government Code. If capacity beyond what is needed for consolidation is provided by a project funded through the state board, the state board shall retain an option to use that capacity for future consolidations, without paying additional capacity charges, for five years, unless it releases that option in writing. Funding pursuant to this paragraph is available for the general purpose of providing financial assistance for the infrastructure needed for the consolidation or extension of service and does not need to be specific to each individual consolidation project. The state board shall provide appropriate financial assistance for the water infrastructure needed for the consolidation or extension of service. The state boards existing financial assistance guidelines and policies shall be the basis for the financial assistance.
(2)Ensure payment of standard local agency formation commission fees caused by state board-ordered consolidation or extension of service.
(3)Adequately compensate the owners of a privately owned subsumed water system for the fair market value of the system, as determined by the Public Utilities Commission or the state board.
(4)Coordinate with the appropriate local agency formation commission and other relevant local agencies to facilitate the change of organization or reorganization.
(5)If ordering consolidation or extension of service between two water systems, consider any existing domestic wells within the service area that could also be subject to consolidation or extension of service pursuant to this section.
(6)If ordering consolidation or extension of service to a community containing residences served by domestic wells, promptly take all reasonable steps to obtain written consent to the consolidation or extension of service from an owner of each residence served by a domestic well.
(f)If funds are appropriated for this purpose, the state board may make funds available for the purposes of subdivision (e), as necessary and appropriate, to the receiving water system, the subsumed water system, or an administrator providing full oversight of construction or development projects related to a consolidation or extension of service.
(g)(1)For purposes of this section, fees, charges, and terms and conditions that may be imposed on new and existing customers of a receiving water system shall be subject to the following limitations:
(A)The consolidated water system shall not increase charges on existing customers of the receiving water system solely as a consequence of the consolidation or extension of service unless the customers receive a corresponding benefit.
(B)Except as provided in paragraph (2), fees or charges imposed on a customer of a subsumed water system shall not exceed the costs of the service.
(C)Except as provided in paragraph (2), the receiving water system shall not charge any fees to, or place conditions on, customers of the subsumed water system that it does not charge to, or impose on, new customers that are not subject to the consolidation with the receiving water system.
(2)(A)Notwithstanding subparagraph (B) or (C) of paragraph (1), if costs incurred by the receiving water system in completing the consolidation or extension of service are not otherwise recoverable as provided in subparagraph (B) of this paragraph, the receiving water system may charge fees to customers of the subsumed water system to recover those costs.
(B)A receiving water system shall not charge a fee pursuant to subparagraph (A) for costs that are otherwise recoverable from the state, the federal government, programs administered by local agencies, parties responsible for causing contamination that the consolidation or extension of service is designed to address, or other sources, as determined by the state board.
(h)The state board shall not, pursuant to this section, fund public works or upgrades unrelated to the delivery of an adequate supply of affordable, safe drinking water, including, but not limited to, the installation of streetlights, sidewalks, curbs, and gutters. A local agencys decision whether to provide these public works or upgrades shall not delay the consolidation or extension of service.
(i)When a public water system is operated by a local educational agency, the state board may order a receiving water system to consolidate or extend service to a public water system operated by a local educational agency pursuant to this section if both the following additional conditions are met:
(1)The local educational agency serves students from one or more census blocks that are disadvantaged communities.
(2)The state board obtains a written determination from the local educational agency that the state boards analysis in the financing package, developed pursuant to subparagraph (B) of paragraph (8) of subdivision (b), indicates that consolidating or extending service would not result in additional unacceptable costs to the local educational agency and would result in safe drinking water being available to the local educational agency.
(j)(1)An order pursuant to this section shall not require consolidation or extension of service to a residence served solely by a domestic well until an owner of the affected residence provides written consent to the consolidation or extension of service.
(2)Any owner of a domestic well that is located within the consolidation or extended service area who does not provide written consent 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.
(3)(A)Notwithstanding any other law, any owner of a domestic well that serves a rental property and is located within the consolidation or extended service area who does not provide written consent shall ensure that tenants of rental properties served solely by that domestic well have access to an adequate supply of safe drinking water and, until consent is provided, shall do all of the following:
(i)Once per year, test the drinking water from domestic wells subject to subparagraph (A). Testing shall be conducted for all contaminants for which the state board has adopted primary and secondary drinking water standards and conducted pursuant to Section 64534 of Title 22 of the California Code of Regulations, and any revisions to those regulations.
(ii)Provide the results from the testing to all tenants within 10 days of receiving those results. The notice shall comply with subdivisions (a) and (d) of Section 64465 of Title 22 of the California Code of Regulations, and any revisions to those regulations, and shall be provided in English and the primary language spoken by the tenant recipient.
(iii)Provide the test results to the local health officer or other relevant health agency.
(B)If the testing results collected pursuant to subparagraph (A) demonstrate a violation of any primary or secondary drinking water standards adopted by the state board, the domestic well owner shall provide or pay for uninterrupted replacement water service, which may include wellhead treatment.
(C)If wellhead treatment is used to meet the requirement of subparagraph (B), the domestic well owner shall do both of the following:
(i)Conduct testing pursuant to Section 64534 of Title 22 of the California Code of Regulations, and any revisions to those regulations, to determine if, subsequent to wellhead treatment, water from the domestic well meets primary and secondary drinking water standards adopted by the state board.
(ii)Provide the test results to tenants pursuant to clause (ii) of subparagraph (A) and to the local health officer or other relevant health agency.
(D)An owner of a domestic well shall not impose any charge, or increase any fee, rent, or other charge imposed, on any tenant solely as a result of the requirements of subparagraphs (A), (B), and (C).
(E)The requirements of this paragraph shall apply to consolidations ordered by the state board pursuant to this section, and to voluntary consolidations negotiated between a receiving water system and a subsumed water system, subsequent to encouragement to consolidate by the state board pursuant to paragraph (1) of subdivision (b).
(F)The state board shall enforce this paragraph if the Legislature has appropriated sufficient funds in the annual Budget Act or otherwise for that purpose.
(k)A finding that a disadvantaged community, in whole or in part, is substantially reliant on at-risk domestic wells shall be based on the maps created pursuant to paragraph (1) of subdivision (a) of Section 116772 and inspection or testing of the domestic wells showing an imminent risk of failing to provide an adequate supply of safe drinking water.
(l)The state board may prioritize consolidation of an at-risk water system that has historically been overburdened by pollution and industrial development or faced other environmental justice hurdles.
(m)Division 3 (commencing with Section 56000) of Title 5 of the Government Code does not apply to an action taken by the state board pursuant to this section.
SEC. 5.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.
As used in this chapter:
(a)Contaminant means any physical, chemical, biological, or radiological substance or matter in water.
(b)Department means the state board.
(c)Primary drinking water standards means:
(1)Maximum levels of contaminants that, in the judgment of the state board, may have an adverse effect on the health of persons.
(2)Specific treatment techniques adopted by the state board in lieu of maximum contaminant levels pursuant to subdivision (j) of Section 116365.
(3)The monitoring and reporting requirements as specified in regulations adopted by the state board that pertain to maximum contaminant levels.
(d)Secondary drinking water standards means standards that specify maximum contaminant levels that, in the judgment of the state board, are necessary to protect the public welfare. Secondary drinking water standards may apply to any contaminant in drinking water that may adversely affect the odor or appearance of the water and may cause a substantial number of persons served by the public water system to discontinue its use, or that may otherwise adversely affect the public welfare. Regulations establishing secondary drinking water standards may vary according to geographic and other circumstances and may apply to any contaminant in drinking water that adversely affects the taste, odor, or appearance of the water when the standards are necessary to ensure a supply of pure, wholesome, and potable water.
(e)Human consumption means the use of water for drinking, bathing or showering, hand washing, oral hygiene, or cooking, including, but not limited to, preparing food and washing dishes.
(f)Maximum contaminant level means the maximum permissible level of a contaminant in water.
(g)Person means an individual, corporation, company, association, partnership, limited liability company, municipality, public utility, or other public body or institution, including the United States to the extent authorized by federal law.
(h)Public water system means a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. A public water system includes the following:
(1)Any collection, treatment, storage, and distribution facilities under control of the operator of the system that are used primarily in connection with the system.
(2)Any collection or pretreatment storage facilities not under the control of the operator that are used primarily in connection with the system.
(3)Any water system that treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption.
(i)Community water system means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system.
(j)Noncommunity water system means a public water system that is not a community water system.
(k)Nontransient noncommunity water system means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year.
(l)Local health officer means a local health officer appointed pursuant to Section 101000 or a local comprehensive health agency designated by the board of supervisors pursuant to Section 101275 to carry out the drinking water program.
(m)Significant rise in the bacterial count of water means a rise in the bacterial count of water that the state board determines, by regulation, represents an immediate danger to the health of water users.
(n)State small water system means a system for the provision of piped water to the public for human consumption that serves at least five, 5, but not more than 14, service connections and does not regularly serve drinking water to more than an average of 25 individuals daily for more than 60 days out of the year.
(o)Transient noncommunity water system means a noncommunity water system that does not regularly serve at least 25 of the same persons over six months per year.
(p)User means a person using water for domestic purposes. User does not include a person processing, selling, or serving water or operating a public water system.
(q)Waterworks standards means regulations adopted by the state board entitled California Waterworks Standards (Chapter 16 (commencing with Section 64551) of Division 4 of Title 22 of the California Code of Regulations).
(r)Local primacy agency means a local health officer that has applied for and received primacy delegation pursuant to Section 116330.
(s)Service connection means the point of connection between the customers piping or constructed conveyance, and the water systems meter, service pipe, or constructed conveyance. A connection to a system that delivers water by a constructed conveyance other than a pipe shall not be considered a connection in determining if the system is a public water system if any of the following apply:
(1)The water is used exclusively for purposes other than residential uses, consisting of drinking, bathing, and cooking, or other similar uses.
(2)The state board determines that alternative water to achieve the equivalent level of public health protection provided by the applicable primary drinking water regulation is provided for residential or similar uses for drinking and cooking.
(3)The state board determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a passthrough entity, or the user to achieve the equivalent level of protection provided by the applicable primary drinking water regulations.
(t)Resident means a person who physically occupies, whether by ownership, rental, lease, or other means, the same dwelling for at least 60 days of the year.
(u)Water treatment operator means a person who has met the requirements for a specific water treatment operator grade pursuant to Section 106875.
(v)Water distribution operator means a person who has met the requirements for a specific water distribution operator grade pursuant to Section 106875.
(w)Water treatment plant means a group or assemblage of structures, equipment, and processes that treats, blends, or conditions the water supply of a public water system.
(x)Water distribution system means any combination of pipes, tanks, pumps, and other physical features that deliver water from the source or water treatment plant to the consumer.
(y)Public health goal means a goal established by the Office of Environmental Health Hazard Assessment pursuant to subdivision (c) of Section 116365.
(z)Small community water system means a community water system that serves no more than 3,300 service connections or a yearlong population of no more than 10,000 persons.
(aa)Disadvantaged community means the entire service area of a community water system, or a community therein, in which the median household income is less than 80 percent of the statewide annual median household income level.
(ab)State board means the State Water Resources Control Board.
(ac)Deputy director means the deputy director appointed by the state board pursuant to subdivision (k) of Section 116271.
SEC. 2.Section 116577 of the Health and Safety Code is amended to read:116577.(a) Each person shall reimburse the state board for actual costs incurred by the state board for any of the following enforcement activities related to that person:
(1) Preparing, issuing, and monitoring compliance with, an order or a citation.
(2) Preparing and issuing public notification.
(3) Conducting a hearing pursuant to Section 116625.
(b) The state board shall submit an invoice for these enforcement costs to the person that requires payment before September 1 of the fiscal year following the fiscal year in which the costs were incurred. The invoice shall indicate the total hours expended, the reasons for the expenditure, and the hourly cost rate of the state board. The costs set forth in the invoice shall not exceed the total actual costs to the state board of enforcement activities specified in this section.
(c) Notwithstanding the reimbursement of enforcement costs of the local primacy agency pursuant to subdivision (a) of Section 116595 by a public water system under the jurisdiction of the local primacy agency, a public water system or other person shall also reimburse enforcement costs, if any, incurred by the state board pursuant to this section.
(d) Enforcement costs, as used in this section, does not include litigation costs pursuant to Section 116585.
(e) The state board shall not be entitled to enforcement costs pursuant to this section if a court determines that enforcement activities were in error.
(f)Payment of the invoice shall be made within 90 days of the date of the invoice. Failure to pay the invoice within 90 days shall result in a 10-percent late penalty that shall be paid in addition to the invoiced amount.
(g)The state board may, at its sole discretion, waive payment by a public water system of all or any part of the invoice or penalty.
SEC. 3.Section 116650 of the Health and Safety Code is amended to read:116650.(a)If the state board determines that a person is in violation of this chapter or any regulation, permit, standard, citation, or order issued or adopted thereunder, the state board may issue a citation to the person. The citation shall be served upon the person personally or by certified mail. Service shall be deemed effective as of the date of personal service or the date of receipt of the certified mail. If a person to whom a citation is directed refuses to accept delivery of the certified mail, the date of service shall be deemed to be the date of mailing.
(b)Each citation shall be in writing and shall describe the nature of the violation or violations, including a reference to the statutory provision, standard, order, citation, permit, or regulation alleged to have been violated.
(c)A citation may specify a date for elimination or correction of the condition constituting the violation.
(d)A citation may include the assessment of a penalty as specified in subdivision (e).
(e)The state board may assess a penalty in an amount not to exceed one thousand dollars ($1,000) per day for each day that a violation occurred, and for each day that a violation continues to occur. A separate penalty may be assessed for each violation and shall be in addition to any liability or penalty imposed under any other law.
SEC. 4.Section 116682 of the Health and Safety Code is amended to read:116682.(a)(1)The state board, in circumstances described in subparagraph (A) or (B), may order consolidation with a receiving water system as provided in this section and Section 116684. The consolidation may be physical or operational. The state board may also order the extension of service to an area within a disadvantaged community that does not have access to an adequate supply of safe drinking water so long as the extension of service is an interim extension of service in preparation for consolidation. The consolidation shall occur within six months of the initiation of the extension of service. The state board may set timelines and performance measures to facilitate completion of consolidation.
(A)A public water system or a state small water system, serving a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water, or is an at-risk water system.
(B)A disadvantaged community, in whole or in part, is substantially reliant on domestic wells that consistently fail to provide an adequate supply of safe drinking water, or are at-risk domestic wells.
(2)No later than July 1, 2020, the state board shall develop and adopt a policy that provides a process by which members of a disadvantaged community may petition the state board to consider ordering consolidation. The state board shall adopt the policy in a policy handbook consistent with the process provided for in subdivision (a) of Section 116760.43.
(b)Before ordering consolidation or extension of service as provided in this section, the state board shall do all of the following:
(1)Encourage voluntary consolidation or extension of service.
(2)Consider other enforcement remedies specified in this article.
(3)Consult with, and fully consider input from, the relevant local agency formation commission regarding the provision of water service in the affected area, the recommendations for improving service in a municipal service review, whether the consolidation or extension of service is cost effective, and any other relevant information.
(4)Consult with, and fully consider input from, the Public Utilities Commission when the consolidation would involve a water corporation subject to the commissions jurisdiction. If a receiving water system is regulated by the Public Utilities Commission, the state board shall inform the commission at least 60 days before the consolidation order, and upon issuance of the order the commission shall open a proceeding to determine cost allocation, ratemaking, and commission public participation requirements for the consolidation process.
(5)Consult with, and fully consider input from, the local government with land use planning authority over the affected area, particularly regarding any information in the general plan required by Section 65302.10 of the Government Code.
(6)Consult with, and fully consider input from, the potentially receiving water system and all public water systems in the chain of distribution of the potentially receiving water system. The input from the potentially receiving water system may include, but is not limited to, information related to the classification of the potentially subsumed water system as an at-risk water system or a state small water system or of at-risk domestic wells.
(7)Consult with, and fully consider input from, any groundwater sustainability agency in a basin that provides groundwater supply, in whole or in part, to the affected area.
(8)(A)Notify the potentially receiving water system and the potentially subsumed water system, if any, and establish a reasonable deadline of no less than six months, unless a shorter period is justified, for the potentially receiving water system and the potentially subsumed water system, if any, to negotiate consolidation or another means of providing an adequate supply of safe drinking water.
(B)During this period, the state board shall provide technical assistance and work with the potentially receiving water system and the potentially subsumed water system to develop a financing package that benefits both the receiving water system and the subsumed water system.
(C)Upon a showing of good cause, the deadline may be extended by the state board at the request of the potentially receiving water system, potentially subsumed water system, the local agency formation commission with jurisdiction over the potentially subsumed water system, or the Public Utilities Commission.
(9)Consider the affordability of the anticipated monthly rates for drinking water service to residential customers of the potentially subsumed water system.
(10)(A)Hold at least one public meeting at the initiation of this process in a place as close as feasible to the affected areas. The state board shall make reasonable efforts to provide a 30-day notice of the meeting to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and all affected local government agencies and drinking water service providers. The 30-day notice shall include information about water quality concerns in the area, relevant information about health effects of water contaminants, and information about opportunities for consolidation or extension of service to address water quality issues. The meeting shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, the potentially receiving water system, and the public an opportunity to present oral and written comments.
(B)The state board shall provide an opportunity to submit comments by mail or electronically during the notice period and for at least one week after the meeting.
(C)The state board shall review comments received during the meeting and received by mail and electronically during the notice period and for one week after the public meeting.
(11)If the potentially subsumed water system to be consolidated into the receiving water system is an at-risk water system, the state board shall do all of the following:
(A)Conduct outreach to ratepayers and residents served by the at-risk water system, including identifiable local community groups. These outreach efforts shall gauge community support for consolidation of the at-risk water system. The state board shall consider the results of this outreach when deciding whether to order consolidation of the at-risk water system.
(B)Consider any petition submitted pursuant to paragraph (2) of subdivision (a) by members of a disadvantaged community served by the at-risk water system.
(C)(i)If the potentially subsumed water system contends during the initial written comment period set forth in subparagraph (B) of paragraph (10) that it is not an at-risk water system, the state board shall consider during a public meeting any information provided by the potentially subsumed water system in support of its contention that it is not an at-risk water system.
(ii)The state board shall make reasonable efforts to provide a 30-day notice of the public meeting described in clause (i) to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and all affected local government agencies and drinking water service providers.
(c)If a consolidation or other means of providing an adequate supply of safe drinking water has not been negotiated by the potentially receiving water system and the potentially subsumed water system before the expiration of the deadline set by the state board pursuant to paragraph (8) of subdivision (b), the state board shall do the following:
(1)Consult with the potentially receiving water system and the potentially subsumed water system, if any.
(2)(A)If the consolidation has not concluded within six months following the first public meeting held pursuant to paragraph (10) of subdivision (b), conduct a public meeting in a location as close as feasible to the affected communities. The meeting shall be held after the state board has made the findings described in subdivision (d).
(B)The state board shall make reasonable efforts to provide a 30-day notice of the meeting to the ratepayers, renters, property owners to receive water service through service extension or in the area of the subsumed water system, and the public, and to all affected local government agencies and drinking water service providers.
(C)The meeting shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, and the potentially receiving water system an opportunity to present oral and written comments.
(D)The meeting shall provide an opportunity for public comment.
(3)The state board shall make reasonable efforts to ensure that a receiving water system and a subsumed water system are informed on a regular basis of progress regarding actions taken pursuant to this section.
(d)Before ordering consolidation or extension of service, the state board shall find all of the following:
(1)The potentially subsumed water system has consistently failed to provide an adequate supply of safe drinking water or it is at risk of doing so, as determined by the state board.
(2)Reasonable efforts to negotiate consolidation or extension of service were made.
(3)Consolidation of the receiving water system and subsumed water system or extension of service is appropriate and technically and economically feasible. In making this finding, the state board shall consider how many owners of dwelling units served by domestic wells in the service area have provided, or are likely to provide, written consent to extension of service. The state board need not find that any specific percentage of the owners of dwelling units served by domestic wells in the service area are likely to consent to the consolidation or extension of service to serve their dwelling unit.
(4)There is no pending local agency formation commission process that is likely to resolve the problem in a reasonable amount of time.
(5)Concerns regarding water rights and water contracts of the subsumed and receiving water systems have been adequately addressed.
(6)Consolidation or extension of service is an effective and cost-effective means to provide an adequate supply of safe drinking water.
(7)The capacity of the proposed interconnection needed to accomplish the consolidation is limited to serving the current customers of the subsumed water system, infill sites within the community served by the subsumed water system, residents of disadvantaged communities in existence as of the date of consolidation and that are located along the service line connecting the subsumed water system and the receiving water system, and vacant lots within the community served by the subsumed water system that are zoned to allow residential use and have no more than one other vacant lot between that parcel and an infill parcel, including capacity needed for services such as firefighting.
(e)Upon ordering consolidation or extension of service, the state board shall do all of the following:
(1)As necessary and appropriate, as determined by the state board, compensate the receiving water system for any capacity lost as a result of the consolidation or extension of service either by paying the water systems capacity charge set out in the water systems adopted rate structure or by providing additional capacity needed as a result of the consolidation or extension of service, and by paying legal fees. When the receiving water system is compensated for capacity lost by payment of a capacity charge, the capacity charge shall be paid only to the extent that it does not exceed the reasonable cost of providing the service in accordance with Section 66013 of the Government Code. If capacity beyond what is needed for consolidation is provided by a project funded through the state board, the state board shall retain an option to use that capacity for future consolidations, without paying additional capacity charges, for five years, unless it releases that option in writing. Funding pursuant to this paragraph is available for the general purpose of providing financial assistance for the infrastructure needed for the consolidation or extension of service and does not need to be specific to each individual consolidation project. The state board shall provide appropriate financial assistance for the water infrastructure needed for the consolidation or extension of service. The state boards existing financial assistance guidelines and policies shall be the basis for the financial assistance.
(2)Ensure payment of standard local agency formation commission fees caused by state board-ordered consolidation or extension of service.
(3)Adequately compensate the owners of a privately owned subsumed water system for the fair market value of the system, as determined by the Public Utilities Commission or the state board.
(4)Coordinate with the appropriate local agency formation commission and other relevant local agencies to facilitate the change of organization or reorganization.
(5)If ordering consolidation or extension of service between two water systems, consider any existing domestic wells within the service area that could also be subject to consolidation or extension of service pursuant to this section.
(6)If ordering consolidation or extension of service to a community containing residences served by domestic wells, promptly take all reasonable steps to obtain written consent to the consolidation or extension of service from an owner of each residence served by a domestic well.
(f)If funds are appropriated for this purpose, the state board may make funds available for the purposes of subdivision (e), as necessary and appropriate, to the receiving water system, the subsumed water system, or an administrator providing full oversight of construction or development projects related to a consolidation or extension of service.
(g)(1)For purposes of this section, fees, charges, and terms and conditions that may be imposed on new and existing customers of a receiving water system shall be subject to the following limitations:
(A)The consolidated water system shall not increase charges on existing customers of the receiving water system solely as a consequence of the consolidation or extension of service unless the customers receive a corresponding benefit.
(B)Except as provided in paragraph (2), fees or charges imposed on a customer of a subsumed water system shall not exceed the costs of the service.
(C)Except as provided in paragraph (2), the receiving water system shall not charge any fees to, or place conditions on, customers of the subsumed water system that it does not charge to, or impose on, new customers that are not subject to the consolidation with the receiving water system.
(2)(A)Notwithstanding subparagraph (B) or (C) of paragraph (1), if costs incurred by the receiving water system in completing the consolidation or extension of service are not otherwise recoverable as provided in subparagraph (B) of this paragraph, the receiving water system may charge fees to customers of the subsumed water system to recover those costs.
(B)A receiving water system shall not charge a fee pursuant to subparagraph (A) for costs that are otherwise recoverable from the state, the federal government, programs administered by local agencies, parties responsible for causing contamination that the consolidation or extension of service is designed to address, or other sources, as determined by the state board.
(h)The state board shall not, pursuant to this section, fund public works or upgrades unrelated to the delivery of an adequate supply of affordable, safe drinking water, including, but not limited to, the installation of streetlights, sidewalks, curbs, and gutters. A local agencys decision whether to provide these public works or upgrades shall not delay the consolidation or extension of service.
(i)When a public water system is operated by a local educational agency, the state board may order a receiving water system to consolidate or extend service to a public water system operated by a local educational agency pursuant to this section if both the following additional conditions are met:
(1)The local educational agency serves students from one or more census blocks that are disadvantaged communities.
(2)The state board obtains a written determination from the local educational agency that the state boards analysis in the financing package, developed pursuant to subparagraph (B) of paragraph (8) of subdivision (b), indicates that consolidating or extending service would not result in additional unacceptable costs to the local educational agency and would result in safe drinking water being available to the local educational agency.
(j)(1)An order pursuant to this section shall not require consolidation or extension of service to a residence served solely by a domestic well until an owner of the affected residence provides written consent to the consolidation or extension of service.
(2)Any owner of a domestic well that is located within the consolidation or extended service area that who does not provide written consent 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.
(3)(A)Notwithstanding any other law, any owner of a domestic well that serves a rental property and is located within the consolidation or extended service area that who does not provide written consent shall ensure that tenants of rental properties served solely by that domestic well have access to an adequate supply of safe drinking water and, until consent is provided, shall do both all of the following:
(i)Once per year, test the drinking water from domestic wells subject to subparagraph (A). Testing shall be conducted for all contaminants for which the state board has adopted primary and secondary drinking water standards and conducted pursuant to Section 64534 of Title 22 of the California Code of Regulations, and any revisions to those regulations.
(ii)Provide the results from the testing to all tenants within 10 days of receiving those results. The notice shall comply with subdivisions (a) and (d) of Section 64465 of Title 22 of the California Code of Regulations, and any revisions to those regulations, and shall be provided in English and the primary language spoken by the tenant recipient.
(iii)Provide the test results to the local health officer or other relevant health agency.
(B)If the testing results collected pursuant to subparagraph (A) demonstrate a violation of any primary or secondary drinking water standards adopted by the state board, the domestic well owner shall provide or pay for uninterrupted replacement water service, which may include wellhead treatment.
(C)If wellhead treatment is used to meet the requirement of subparagraph (B), the domestic well owner shall do both of the following:
(i)Conduct testing pursuant to Section 64534 of Title 22 of the California Code of Regulations, and any revisions to those regulations, to determine if, subsequent to wellhead treatment, water from the domestic well meets primary and secondary drinking water standards adopted by the state board.
(ii)Provide the test results to tenants pursuant to clause (ii) of subparagraph (A) and to the local health officer or other relevant health agency.
(C)(D)An owner of a domestic well shall not impose any charge, or increase any fee, rent, or other charge imposed, on any tenant solely as a result of the requirements of subparagraphs (A) and (B). (A), (B), and (C).
(D)(E)The requirements of this paragraph shall apply to consolidations ordered by the state board pursuant to this section, and to voluntary consolidations negotiated between a receiving water system and a subsumed water system, subsequent to encouragement to consolidate by the state board pursuant to paragraph (1) of subdivision (b).
(E)(F)The state board shall enforce this paragraph if the Legislature has appropriated sufficient funds in the annual Budget Act or otherwise for that purpose.
(k)A finding that a disadvantaged community, in whole or in part, is substantially reliant on at-risk domestic wells shall be based on the maps created pursuant to paragraph (1) of subdivision (a) of Section 116772 and inspection or testing of the domestic wells showing an imminent risk of failing to provide an adequate supply of safe drinking water.
(l)The state board may prioritize consolidation of an at-risk water system that has historically been overburdened by pollution and industrial development or faced other environmental justice hurdles.
(m)Division 3 (commencing with Section 56000) of Title 5 of the Government Code does not apply to an action taken by the state board pursuant to this section.
SEC. 5.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.
As used in this chapter:
(a)Contaminant means any physical, chemical, biological, or radiological substance or matter in water.
(b)Department means the state board.
(c)Primary drinking water standards means:
(1)Maximum levels of contaminants that, in the judgment of the state board, may have an adverse effect on the health of persons.
(2)Specific treatment techniques adopted by the state board in lieu of maximum contaminant levels pursuant to subdivision (j) of Section 116365.
(3)The monitoring and reporting requirements as specified in regulations adopted by the state board that pertain to maximum contaminant levels.
(d)Secondary drinking water standards means standards that specify maximum contaminant levels that, in the judgment of the state board, are necessary to protect the public welfare. Secondary drinking water standards may apply to any contaminant in drinking water that may adversely affect the odor or appearance of the water and may cause a substantial number of persons served by the public water system to discontinue its use, or that may otherwise adversely affect the public welfare. Regulations establishing secondary drinking water standards may vary according to geographic and other circumstances and may apply to any contaminant in drinking water that adversely affects the taste, odor, or appearance of the water when the standards are necessary to ensure a supply of pure, wholesome, and potable water.
(e)Human consumption means the use of water for drinking, bathing or showering, hand washing, oral hygiene, or cooking, including, but not limited to, preparing food and washing dishes.
(f)Maximum contaminant level means the maximum permissible level of a contaminant in water.
(g)Person means an individual, corporation, company, association, partnership, limited liability company, municipality, public utility, or other public body or institution. institution, including the United States to the extent authorized by federal law.
(h)Public water system means a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. A public water system includes the following:
(1)Any collection, treatment, storage, and distribution facilities under control of the operator of the system that are used primarily in connection with the system.
(2)Any collection or pretreatment storage facilities not under the control of the operator that are used primarily in connection with the system.
(3)Any water system that treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption.
(i)Community water system means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system.
(j)Noncommunity water system means a public water system that is not a community water system.
(k)Nontransient noncommunity water system means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year.
(l)Local health officer means a local health officer appointed pursuant to Section 101000 or a local comprehensive health agency designated by the board of supervisors pursuant to Section 101275 to carry out the drinking water program.
(m)Significant rise in the bacterial count of water means a rise in the bacterial count of water that the state board determines, by regulation, represents an immediate danger to the health of water users.
(n)State small water system means a system for the provision of piped water to the public for human consumption that serves at least five, but not more than 14, service connections and does not regularly serve drinking water to more than an average of 25 individuals daily for more than 60 days out of the year.
(o)Transient noncommunity water system means a noncommunity water system that does not regularly serve at least 25 of the same persons over six months per year.
(p)User means a person using water for domestic purposes. User does not include a person processing, selling, or serving water or operating a public water system.
(q)Waterworks standards means regulations adopted by the state board entitled California Waterworks Standards (Chapter 16 (commencing with Section 64551) of Division 4 of Title 22 of the California Code of Regulations).
(r)Local primacy agency means a local health officer that has applied for and received primacy delegation pursuant to Section 116330.
(s)Service connection means the point of connection between the customers piping or constructed conveyance, and the water systems meter, service pipe, or constructed conveyance. A connection to a system that delivers water by a constructed conveyance other than a pipe shall not be considered a connection in determining if the system is a public water system if any of the following apply:
(1)The water is used exclusively for purposes other than residential uses, consisting of drinking, bathing, and cooking, or other similar uses.
(2)The state board determines that alternative water to achieve the equivalent level of public health protection provided by the applicable primary drinking water regulation is provided for residential or similar uses for drinking and cooking.
(3)The state board determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a passthrough entity, or the user to achieve the equivalent level of protection provided by the applicable primary drinking water regulations.
(t)Resident means a person who physically occupies, whether by ownership, rental, lease, or other means, the same dwelling for at least 60 days of the year.
(u)Water treatment operator means a person who has met the requirements for a specific water treatment operator grade pursuant to Section 106875.
(v)Water distribution operator means a person who has met the requirements for a specific water distribution operator grade pursuant to Section 106875.
(w)Water treatment plant means a group or assemblage of structures, equipment, and processes that treats, blends, or conditions the water supply of a public water system.
(x)Water distribution system means any combination of pipes, tanks, pumps, and other physical features that deliver water from the source or water treatment plant to the consumer.
(y)Public health goal means a goal established by the Office of Environmental Health Hazard Assessment pursuant to subdivision (c) of Section 116365.
(z)Small community water system means a community water system that serves no more than 3,300 service connections or a yearlong population of no more than 10,000 persons.
(aa)Disadvantaged community means the entire service area of a community water system, or a community therein, in which the median household income is less than 80 percent of the statewide annual median household income level.
(ab)State board means the State Water Resources Control Board.
(ac)Deputy director means the deputy director appointed by the state board pursuant to subdivision (k) of Section 116271.
SEC. 2.Section 116577 of the Health and Safety Code is amended to read:116577.(a) Each public water system person shall reimburse the state board for actual costs incurred by the state board for any of the following enforcement activities related to that water system: person:
(1) Preparing, issuing, and monitoring compliance with, an order or a citation.
(2) Preparing and issuing public notification.
(3) Conducting a hearing pursuant to Section 116625.
(b) The state board shall submit an invoice for these enforcement costs to the public water system person that requires payment before September 1 of the fiscal year following the fiscal year in which the costs were incurred. The invoice shall indicate the total hours expended, the reasons for the expenditure, and the hourly cost rate of the state board. The costs set forth in the invoice shall not exceed the total actual costs to the state board of enforcement activities specified in this section.
(c) Notwithstanding the reimbursement of enforcement costs of the local primacy agency pursuant to subdivision (a) of Section 116595 by a public water system under the jurisdiction of the local primacy agency, a public water system or other person shall also reimburse enforcement costs, if any, incurred by the state board pursuant to this section.
(d) Enforcement costs, as used in this section, does not include litigation costs pursuant to Section 116585.
(e) The state board shall not be entitled to enforcement costs pursuant to this section if a court determines that enforcement activities were in error.
(f)Payment of the invoice shall be made within 90 days of the date of the invoice. Failure to pay the invoice within 90 days shall result in a 10-percent late penalty that shall be paid in addition to the invoiced amount.
(g)The state board may, at its sole discretion, waive payment by a public water system of all or any part of the invoice or penalty.
SEC. 3.Section 116650 of the Health and Safety Code is amended to read:116650.(a)If the state board determines that a public water system person is in violation of this chapter or any regulation, permit, standard, citation, or order issued or adopted thereunder, the state board may issue a citation to the public water system. person. The citation shall be served upon the public water system person personally or by certified mail. Service shall be deemed effective as of the date of personal service or the date of receipt of the certified mail. If a person to whom a citation is directed refuses to accept delivery of the certified mail, the date of service shall be deemed to be the date of mailing.
(b)Each citation shall be in writing and shall describe the nature of the violation or violations, including a reference to the statutory provision, standard, order, citation, permit, or regulation alleged to have been violated.
(c)A citation may specify a date for elimination or correction of the condition constituting the violation.
(d)A citation may include the assessment of a penalty as specified in subdivision (e).
(e)The state board may assess a penalty in an amount not to exceed one thousand dollars ($1,000) per day for each day that a violation occurred, and for each day that a violation continues to occur. A separate penalty may be assessed for each violation and shall be in addition to any liability or penalty imposed under any other law.
SECTION 1.SEC. 4.Section 116682 of the Health and Safety Code is amended to read:116682.(a)(1)The state board, in circumstances described in subparagraph (A) or (B), may order consolidation with a receiving water system as provided in this section and Section 116684. The consolidation may be physical or operational. The state board may also order the extension of service to an area within a disadvantaged community that does not have access to an adequate supply of safe drinking water so long as the extension of service is an interim extension of service in preparation for consolidation. The consolidation shall occur within six months of the initiation of the extension of service. The state board may set timelines and performance measures to facilitate completion of consolidation.
(A)A public water system or a state small water system, serving a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water, or is an at-risk water system.
(B)A disadvantaged community, in whole or in part, is substantially reliant on domestic wells that consistently fail to provide an adequate supply of safe drinking water, or are at-risk domestic wells.
(2)No later than July 1, 2020, the state board shall develop and adopt a policy that provides a process by which members of a disadvantaged community may petition the state board to consider ordering consolidation. The state board shall adopt the policy in a policy handbook consistent with the process provided for in subdivision (a) of Section 116760.43.
(b)Before ordering consolidation or extension of service as provided in this section, the state board shall do all of the following:
(1)Encourage voluntary consolidation or extension of service.
(2)Consider other enforcement remedies specified in this article.
(3)Consult with, and fully consider input from, the relevant local agency formation commission regarding the provision of water service in the affected area, the recommendations for improving service in a municipal service review, whether the consolidation or extension of service is cost effective, and any other relevant information.
(4)Consult with, and fully consider input from, the Public Utilities Commission when the consolidation would involve a water corporation subject to the commissions jurisdiction. If a receiving water system is regulated by the Public Utilities Commission, the state board shall inform the commission at least 60 days before the consolidation order, and upon issuance of the order the commission shall open a proceeding to determine cost allocation, ratemaking, and commission public participation requirements for the consolidation process.
(5)Consult with, and fully consider input from, the local government with land use planning authority over the affected area, particularly regarding any information in the general plan required by Section 65302.10 of the Government Code.
(6)Consult with, and fully consider input from, the potentially receiving water system and all public water systems in the chain of distribution of the potentially receiving water system. The input from the potentially receiving water system may include, but is not limited to, information related to the classification of the potentially subsumed water system as an at-risk water system or a state small water system or of at-risk domestic wells.
(7)Consult with, and fully consider input from, any groundwater sustainability agency in a basin that provides groundwater supply, in whole or in part, to the affected area.
(8)(A)Notify the potentially receiving water system and the potentially subsumed water system, if any, and establish a reasonable deadline of no less than six months, unless a shorter period is justified, for the potentially receiving water system and the potentially subsumed water system, if any, to negotiate consolidation or another means of providing an adequate supply of safe drinking water.
(B)During this period, the state board shall provide technical assistance and work with the potentially receiving water system and the potentially subsumed water system to develop a financing package that benefits both the receiving water system and the subsumed water system.
(C)Upon a showing of good cause, the deadline may be extended by the state board at the request of the potentially receiving water system, potentially subsumed water system, the local agency formation commission with jurisdiction over the potentially subsumed water system, or the Public Utilities Commission.
(9)Consider the affordability of the anticipated monthly rates for drinking water service to residential customers of the potentially subsumed water system.
(10)(A)Hold at least one public meeting at the initiation of this process in a place as close as feasible to the affected areas. The state board shall make reasonable efforts to provide a 30-day notice of the meeting to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and all affected local government agencies and drinking water service providers. The 30-day notice shall include information about water quality concerns in the area, relevant information about health effects of water contaminants, and information about opportunities for consolidation or extension of service to address water quality issues. The meeting shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, the potentially receiving water system, and the public an opportunity to present oral and written comments.
(B)The state board shall provide an opportunity to submit comments by mail or electronically during the notice period and for at least one week after the meeting.
(C)The state board shall review comments received during the meeting and received by mail and electronically during the notice period and for one week after the public meeting.
(11)If the potentially subsumed water system to be consolidated into the receiving water system is an at-risk water system, the state board shall do all of the following:
(A)Conduct outreach to ratepayers and residents served by the at-risk water system, including identifiable local community groups. These outreach efforts shall gauge community support for consolidation of the at-risk water system. The state board shall consider the results of this outreach when deciding whether to order consolidation of the at-risk water system.
(B)Consider any petition submitted pursuant to paragraph (2) of subdivision (a) by members of a disadvantaged community served by the at-risk water system.
(C)(i)If the potentially subsumed water system contends during the initial written comment period set forth in subparagraph (B) of paragraph (10) that it is not an at-risk water system, the state board shall consider during a public meeting any information provided by the potentially subsumed water system in support of its contention that it is not an at-risk water system.
(ii)The state board shall make reasonable efforts to provide a 30-day notice of the public meeting described in clause (i) to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and all affected local government agencies and drinking water service providers.
(c)If a consolidation or other means of providing an adequate supply of safe drinking water has not been negotiated by the potentially receiving water system and the potentially subsumed water system before the expiration of the deadline set by the state board pursuant to paragraph (8) of subdivision (b), the state board shall do the following:
(1)Consult with the potentially receiving water system and the potentially subsumed water system, if any.
(2)(A)If the consolidation has not concluded within six months following the first public meeting held pursuant to paragraph (10) of subdivision (b), conduct a public meeting in a location as close as feasible to the affected communities. The meeting shall be held after the state board has made the findings described in subdivision (d).
(B)The state board shall make reasonable efforts to provide a 30-day notice of the meeting to the ratepayers, renters, property owners to receive water service through service extension or in the area of the subsumed water system, and the public, and to all affected local government agencies and drinking water service providers.
(C)The meeting shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, and the potentially receiving water system an opportunity to present oral and written comments.
(D)The meeting shall provide an opportunity for public comment.
(3)The state board shall make reasonable efforts to ensure that a receiving water system and a subsumed water system are informed on a regular basis of progress regarding actions taken pursuant to this section.
(d)Before ordering consolidation or extension of service, the state board shall find all of the following:
(1)The potentially subsumed water system has consistently failed to provide an adequate supply of safe drinking water or it is at risk of doing so, as determined by the state board.
(2)Reasonable efforts to negotiate consolidation or extension of service were made.
(3)Consolidation of the receiving water system and subsumed water system or extension of service is appropriate and technically and economically feasible. In making this finding, the state board shall consider how many owners of dwelling units served by domestic wells in the service area have provided, or are likely to provide, written consent to extension of service. The state board need not find that any specific percentage of the owners of dwelling units served by domestic wells in the service area are likely to consent to the consolidation or extension of service to serve their dwelling unit.
(4)There is no pending local agency formation commission process that is likely to resolve the problem in a reasonable amount of time.
(5)Concerns regarding water rights and water contracts of the subsumed and receiving water systems have been adequately addressed.
(6)Consolidation or extension of service is an effective and cost-effective means to provide an adequate supply of safe drinking water.
(7)The capacity of the proposed interconnection needed to accomplish the consolidation is limited to serving the current customers of the subsumed water system, infill sites within the community served by the subsumed water system, residents of disadvantaged communities in existence as of the date of consolidation and that are located along the service line connecting the subsumed water system and the receiving water system, and vacant lots within the community served by the subsumed water system that are zoned to allow residential use and have no more than one other vacant lot between that parcel and an infill parcel, including capacity needed for services such as firefighting.
(e)Upon ordering consolidation or extension of service, the state board shall do all of the following:
(1)As necessary and appropriate, as determined by the state board, compensate the receiving water system for any capacity lost as a result of the consolidation or extension of service either by paying the water systems capacity charge set out in the water systems adopted rate structure or by providing additional capacity needed as a result of the consolidation or extension of service, and by paying legal fees. When the receiving water system is compensated for capacity lost by payment of a capacity charge, the capacity charge shall be paid only to the extent that it does not exceed the reasonable cost of providing the service in accordance with Section 66013 of the Government Code. If capacity beyond what is needed for consolidation is provided by a project funded through the state board, the state board shall retain an option to use that capacity for future consolidations, without paying additional capacity charges, for five years, unless it releases that option in writing. Funding pursuant to this paragraph is available for the general purpose of providing financial assistance for the infrastructure needed for the consolidation or extension of service and does not need to be specific to each individual consolidation project. The state board shall provide appropriate financial assistance for the water infrastructure needed for the consolidation or extension of service. The state boards existing financial assistance guidelines and policies shall be the basis for the financial assistance.
(2)Ensure payment of standard local agency formation commission fees caused by state board-ordered consolidation or extension of service.
(3)Adequately compensate the owners of a privately owned subsumed water system for the fair market value of the system, as determined by the Public Utilities Commission or the state board.
(4)Coordinate with the appropriate local agency formation commission and other relevant local agencies to facilitate the change of organization or reorganization.
(5)If ordering consolidation or extension of service between two water systems, consider any existing domestic wells within the service area that could also be subject to consolidation or extension of service pursuant to this section.
(6)If ordering consolidation or extension of service to a community containing residences served by domestic wells, promptly take all reasonable steps to obtain written consent to the consolidation or extension of service from an owner of each residence served by a domestic well.
(f)If funds are appropriated for this purpose, the state board may make funds available for the purposes of subdivision (e), as necessary and appropriate, to the receiving water system, the subsumed water system, or an administrator providing full oversight of construction or development projects related to a consolidation or extension of service.
(g)(1)For purposes of this section, fees, charges, and terms and conditions that may be imposed on new and existing customers of a receiving water system shall be subject to the following limitations:
(A)The consolidated water system shall not increase charges on existing customers of the receiving water system solely as a consequence of the consolidation or extension of service unless the customers receive a corresponding benefit.
(B)Except as provided in paragraph (2), fees or charges imposed on a customer of a subsumed water system shall not exceed the costs of the service.
(C)Except as provided in paragraph (2), the receiving water system shall not charge any fees to, or place conditions on, customers of the subsumed water system that it does not charge to, or impose on, new customers that are not subject to the consolidation with the receiving water system.
(2)(A)Notwithstanding subparagraph (B) or (C) of paragraph (1), if costs incurred by the receiving water system in completing the consolidation or extension of service are not otherwise recoverable as provided in subparagraph (B) of this paragraph, the receiving water system may charge fees to customers of the subsumed water system to recover those costs.
(B)A receiving water system shall not charge a fee pursuant to subparagraph (A) for costs that are otherwise recoverable from the state, the federal government, programs administered by local agencies, parties responsible for causing contamination that the consolidation or extension of service is designed to address, or other sources, as determined by the state board.
(h)The state board shall not, pursuant to this section, fund public works or upgrades unrelated to the delivery of an adequate supply of affordable, safe drinking water, including, but not limited to, the installation of streetlights, sidewalks, curbs, and gutters. A local agencys decision whether to provide these public works or upgrades shall not delay the consolidation or extension of service.
(i)When a public water system is operated by a local educational agency, the state board may order a receiving water system to consolidate or extend service to a public water system operated by a local educational agency pursuant to this section if both the following additional conditions are met:
(1)The local educational agency serves students from one or more census blocks that are disadvantaged communities.
(2)The state board obtains a written determination from the local educational agency that the state boards analysis in the financing package, developed pursuant to subparagraph (B) of paragraph (8) of subdivision (b), indicates that consolidating or extending service would not result in additional unacceptable costs to the local educational agency and would result in safe drinking water being available to the local educational agency.
(j)(1)An order pursuant to this section shall not require consolidation or extension of service to a residence served solely by a domestic well until an owner of the affected residence provides written consent to the consolidation or extension of service.
(2)Any domestic well owner of a domestic well that is located within the consolidation or extended service area that does not provide written consent 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.
(3)(A)Notwithstanding any other law, any owner of a domestic well owner that is located within the consolidation or extended service area that does not provide written consent shall ensure that tenants of rental properties served solely by that domestic well have access to an adequate supply of safe drinking water and, until consent is provided. provided, shall do both of the following:
(i)Once per year, test the drinking water from domestic wells subject to subparagraph (A). Testing shall be conducted for all contaminants for which the state board has adopted primary and secondary drinking water standards and conducted pursuant to Section 64534 of Title 22 of the California Code of Regulations, and any revisions to those regulations.
(ii)Provide the results from the testing to all tenants within 10 days of receiving those results. The notice shall comply with subdivisions (a) and (d) of Section 64465 of Title 22 of the California Code of Regulations, and any revisions to those regulations, and shall be provided in English and the primary language spoken by the tenant recipient.
(B)If the testing results collected pursuant to subparagraph (A) demonstrate a violation of any primary or secondary drinking water standards adopted by the state board, the domestic well owner shall provide or pay for uninterrupted replacement water service, which may include wellhead treatment.
(C)An owner of a domestic well shall not impose any charge, or increase any fee, rent, or other charge imposed, on any tenant solely as a result of the requirements of subparagraphs (A) and (B).
(D)The requirements of this paragraph shall apply to consolidations ordered by the state board pursuant to this section, and to voluntary consolidations negotiated between a receiving water system and a subsumed water system, subsequent to encouragement to consolidate by the state board pursuant to paragraph (1) of subdivision (b).
(E)The state board shall enforce this paragraph if the Legislature has appropriated sufficient funds in the annual Budget Act or otherwise for that purpose.
(k)A finding that a disadvantaged community, in whole or in part, is substantially reliant on at-risk domestic wells shall be based on the maps created pursuant to paragraph (1) of subdivision (a) of Section 116772 and inspection or testing of the domestic wells showing an imminent risk of failing to provide an adequate supply of safe drinking water.
(l)The state board may prioritize consolidation of an at-risk water system that has historically been overburdened by pollution and industrial development or faced other environmental justice hurdles.
(m)Division 3 (commencing with Section 56000) of Title 5 of the Government Code does not apply to an action taken by the state board pursuant to this section.
SEC. 2.SEC. 5.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)(1)The state board, in circumstances described in subparagraph (A) or (B), may order consolidation with a receiving water system as provided in this section and Section 116684. The consolidation may be physical or operational. The state board may also order the extension of service to an area within a disadvantaged community that does not have access to an adequate supply of safe drinking water so long as the extension of service is an interim extension of service in preparation for consolidation. The consolidation shall occur within six months of the initiation of the extension of service. The state board may set timelines and performance measures to facilitate completion of consolidation.
(A)A public water system or a state small water system, serving a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water, or is an at-risk water system.
(B)A disadvantaged community, in whole or in part, is substantially reliant on domestic wells that consistently fail to provide an adequate supply of safe drinking water, or are at-risk domestic wells.
(2)No later than July 1, 2020, the state board shall develop and adopt a policy that provides a process by which members of a disadvantaged community may petition the state board to consider ordering consolidation. The state board shall adopt the policy in a policy handbook consistent with the process provided for in subdivision (a) of Section 116760.43.
(b)Before ordering consolidation or extension of service as provided in this section, the state board shall do all of the following:
(1)Encourage voluntary consolidation or extension of service.
(2)Consider other enforcement remedies specified in this article.
(3)Consult with, and fully consider input from, the relevant local agency formation commission regarding the provision of water service in the affected area, the recommendations for improving service in a municipal service review, whether the consolidation or extension of service is cost effective, and any other relevant information.
(4)Consult with, and fully consider input from, the Public Utilities Commission when the consolidation would involve a water corporation subject to the commissions jurisdiction. If a receiving water system is regulated by the Public Utilities Commission, the state board shall inform the commission at least 60 days before the consolidation order, and upon issuance of the order the commission shall open a proceeding to determine cost allocation, ratemaking, and commission public participation requirements for the consolidation process.
(5)Consult with, and fully consider input from, the local government with land use planning authority over the affected area, particularly regarding any information in the general plan required by Section 65302.10 of the Government Code.
(6)Consult with, and fully consider input from, the potentially receiving water system and all public water systems in the chain of distribution of the potentially receiving water system. The input from the potentially receiving water system may include, but is not limited to, information related to the classification of the potentially subsumed water system as an at-risk water system or a state small water system or of at-risk domestic wells.
(7)Consult with, and fully consider input from, any groundwater sustainability agency in a basin that provides groundwater supply, in whole or in part, to the affected area.
(8)(A)Notify the potentially receiving water system and the potentially subsumed water system, if any, and establish a reasonable deadline of no less than six months, unless a shorter period is justified, for the potentially receiving water system and the potentially subsumed water system, if any, to negotiate consolidation or another means of providing an adequate supply of safe drinking water.
(B)During this period, the state board shall provide technical assistance and work with the potentially receiving water system and the potentially subsumed water system to develop a financing package that benefits both the receiving water system and the subsumed water system.
(C)Upon a showing of good cause, the deadline may be extended by the state board at the request of the potentially receiving water system, potentially subsumed water system, the local agency formation commission with jurisdiction over the potentially subsumed water system, or the Public Utilities Commission.
(9)Consider the affordability of the anticipated monthly rates for drinking water service to residential customers of the potentially subsumed water system.
(10)(A)Hold at least one public meeting at the initiation of this process in a place as close as feasible to the affected areas. The state board shall make reasonable efforts to provide a 30-day notice of the meeting to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and all affected local government agencies and drinking water service providers. The 30-day notice shall include information about water quality concerns in the area, relevant information about health effects of water contaminants, and information about opportunities for consolidation or extension of service to address water quality issues. The meeting shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, the potentially receiving water system, and the public an opportunity to present oral and written comments.
(B)The state board shall provide an opportunity to submit comments by mail or electronically during the notice period and for at least one week after the meeting.
(C)The state board shall review comments received during the meeting and received by mail and electronically during the notice period and for one week after the public meeting.
(11)If the potentially subsumed water system to be consolidated into the receiving water system is an at-risk water system, the state board shall do all of the following:
(A)Conduct outreach to ratepayers and residents served by the at-risk water system, including identifiable local community groups. These outreach efforts shall gauge community support for consolidation of the at-risk water system. The state board shall consider the results of this outreach when deciding whether to order consolidation of the at-risk water system.
(B)Consider any petition submitted pursuant to paragraph (2) of subdivision (a) by members of a disadvantaged community served by the at-risk water system.
(C)(i)If the potentially subsumed water system contends during the initial written comment period set forth in subparagraph (B) of paragraph (10) that it is not an at-risk water system, the state board shall consider during a public meeting any information provided by the potentially subsumed water system in support of its contention that it is not an at-risk water system.
(ii)The state board shall make reasonable efforts to provide a 30-day notice of the public meeting described in clause (i) to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and all affected local government agencies and drinking water service providers.
(c)If a consolidation or other means of providing an adequate supply of safe drinking water has not been negotiated by the potentially receiving water system and the potentially subsumed water system before the expiration of the deadline set by the state board pursuant to paragraph (8) of subdivision (b), the state board shall do the following:
(1)Consult with the potentially receiving water system and the potentially subsumed water system, if any.
(2)(A)If the consolidation has not concluded within six months following the first public meeting held pursuant to paragraph (10) of subdivision (b), conduct a public meeting in a location as close as feasible to the affected communities. The meeting shall be held after the state board has made the findings described in subdivision (d).
(B)The state board shall make reasonable efforts to provide a 30-day notice of the meeting to the ratepayers, renters, property owners to receive water service through service extension or in the area of the subsumed water system, and the public, and to all affected local government agencies and drinking water service providers.
(C)The meeting shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, and the potentially receiving water system an opportunity to present oral and written comments.
(D)The meeting shall provide an opportunity for public comment.
(3)The state board shall make reasonable efforts to ensure that a receiving water system and a subsumed water system are informed on a regular basis of progress regarding actions taken pursuant to this section.
(d)Before ordering consolidation or extension of service, the state board shall find all of the following:
(1)The potentially subsumed water system has consistently failed to provide an adequate supply of safe drinking water or it is at risk of doing so, as determined by the state board.
(2)Reasonable efforts to negotiate consolidation or extension of service were made.
(3)Consolidation of the receiving water system and subsumed water system or extension of service is appropriate and technically and economically feasible. In making this finding, the state board shall consider how many owners of dwelling units served by domestic wells in the service area have provided, or are likely to provide, written consent to extension of service. The state board need not find that any specific percentage of the owners of dwelling units served by domestic wells in the service area are likely to consent to the consolidation or extension of service to serve their dwelling unit.
(4)There is no pending local agency formation commission process that is likely to resolve the problem in a reasonable amount of time.
(5)Concerns regarding water rights and water contracts of the subsumed and receiving water systems have been adequately addressed.
(6)Consolidation or extension of service is an effective and cost-effective means to provide an adequate supply of safe drinking water.
(7)The capacity of the proposed interconnection needed to accomplish the consolidation is limited to serving the current customers of the subsumed water system, infill sites within the community served by the subsumed water system, residents of disadvantaged communities in existence as of the date of consolidation and that are located along the service line connecting the subsumed water system and the receiving water system, and vacant lots within the community served by the subsumed water system that are zoned to allow residential use and have no more than one other vacant lot between that parcel and an infill parcel, including capacity needed for services such as firefighting.
(e)Upon ordering consolidation or extension of service, the state board shall do all of the following:
(1)As necessary and appropriate, as determined by the state board, compensate the receiving water system for any capacity lost as a result of the consolidation or extension of service either by paying the water systems capacity charge set out in the water systems adopted rate structure or by providing additional capacity needed as a result of the consolidation or extension of service, and by paying legal fees. When the receiving water system is compensated for capacity lost by payment of a capacity charge, the capacity charge shall be paid only to the extent that it does not exceed the reasonable cost of providing the service in accordance with Section 66013 of the Government Code. If capacity beyond what is needed for consolidation is provided by a project funded through the state board, the state board shall retain an option to use that capacity for future consolidations, without paying additional capacity charges, for five years, unless it releases that option in writing. Funding pursuant to this paragraph is available for the general purpose of providing financial assistance for the infrastructure needed for the consolidation or extension of service and does not need to be specific to each individual consolidation project. The state board shall provide appropriate financial assistance for the water infrastructure needed for the consolidation or extension of service. The state boards existing financial assistance guidelines and policies shall be the basis for the financial assistance.
(2)Ensure payment of standard local agency formation commission fees caused by state board-ordered consolidation or extension of service.
(3)Adequately compensate the owners of a privately owned subsumed water system for the fair market value of the system, as determined by the Public Utilities Commission or the state board.
(4)Coordinate with the appropriate local agency formation commission and other relevant local agencies to facilitate the change of organization or reorganization.
(5)If ordering consolidation or extension of service between two water systems, consider any existing domestic wells within the service area that could also be subject to consolidation or extension of service pursuant to this section.
(6)If ordering consolidation or extension of service to a community containing residences served by domestic wells, promptly take all reasonable steps to obtain written consent to the consolidation or extension of service from an owner of each residence served by a domestic well.
(f)If funds are appropriated for this purpose, the state board may make funds available for the purposes of subdivision (e), as necessary and appropriate, to the receiving water system, the subsumed water system, or an administrator providing full oversight of construction or development projects related to a consolidation or extension of service.
(g)(1)For purposes of this section, fees, charges, and terms and conditions that may be imposed on new and existing customers of a receiving water system shall be subject to the following limitations:
(A)The consolidated water system shall not increase charges on existing customers of the receiving water system solely as a consequence of the consolidation or extension of service unless the customers receive a corresponding benefit.
(B)Except as provided in paragraph (2), fees or charges imposed on a customer of a subsumed water system shall not exceed the costs of the service.
(C)Except as provided in paragraph (2), the receiving water system shall not charge any fees to, or place conditions on, customers of the subsumed water system that it does not charge to, or impose on, new customers that are not subject to the consolidation with the receiving water system.
(2)(A)Notwithstanding subparagraph (B) or (C) of paragraph (1), if costs incurred by the receiving water system in completing the consolidation or extension of service are not otherwise recoverable as provided in subparagraph (B) of this paragraph, the receiving water system may charge fees to customers of the subsumed water system to recover those costs.
(B)A receiving water system shall not charge a fee pursuant to subparagraph (A) for costs that are otherwise recoverable from the state, the federal government, programs administered by local agencies, parties responsible for causing contamination that the consolidation or extension of service is designed to address, or other sources, as determined by the state board.
(h)The state board shall not, pursuant to this section, fund public works or upgrades unrelated to the delivery of an adequate supply of affordable, safe drinking water, including, but not limited to, the installation of streetlights, sidewalks, curbs, and gutters. A local agencys decision whether to provide these public works or upgrades shall not delay the consolidation or extension of service.
(i)When a public water system is operated by a local educational agency, the state board may order a receiving water system to consolidate or extend service to a public water system operated by a local educational agency pursuant to this section if both the following additional conditions are met:
(1)The local educational agency serves students from one or more census blocks that are disadvantaged communities.
(2)The state board obtains a written determination from the local educational agency that the state boards analysis in the financing package, developed pursuant to subparagraph (B) of paragraph (8) of subdivision (b), indicates that consolidating or extending service would not result in additional unacceptable costs to the local educational agency and would result in safe drinking water being available to the local educational agency.
(j)(1)An order pursuant to this section shall not require consolidation or extension of service to a residence served solely by a domestic well until an owner of the affected residence provides written consent to the consolidation or extension of service. Any
(2)Any domestic well owner within the consolidation or extended service area that does not provide written consent 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.
(3)Notwithstanding any other law, a domestic well owner within the consolidation or extended service area that does not provide written consent shall ensure that tenants of rental properties served solely by that domestic well have access to safe drinking water until consent is provided.
(k)A finding that a disadvantaged community, in whole or in part, is substantially reliant on at-risk domestic wells shall be based on the maps created pursuant to paragraph (1) of subdivision (a) of Section 116772 and inspection or testing of the domestic wells showing an imminent risk of failing to provide an adequate supply of safe drinking water.
(l)The state board may prioritize consolidation of an at-risk water system that has historically been overburdened by pollution and industrial development or faced other environmental justice hurdles.
(m)Division 3 (commencing with Section 56000) of Title 5 of the Government Code does not apply to an action taken by the state board pursuant to this section.
SEC. 2.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
|
|---|---|
| Oct 13, 2023 | Chaptered by Secretary of State - Chapter 810, Statutes of 2023. |
| Oct 13, 2023 | Approved by the Governor. |
| Sep 20, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 13, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 63. Noes 6. Page 3362.). |
| Sep 12, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 12, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 8. Page 2632.). |
| Sep 7, 2023 | Read second time. Ordered to third reading. |
| Sep 6, 2023 | Read third time and amended. Ordered to second reading. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | From committee: Do pass. (Ayes 5. Noes 2.) (September 1). |
| Jun 26, 2023 | In committee: Referred to APPR. suspense file. |
| Jun 7, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (June 7). Re-referred to Com. on APPR. |
| May 24, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q. |
| May 3, 2023 | Referred to Com. on E.Q. |
| Apr 24, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 24, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 2. Page 1300.) |
| Apr 20, 2023 | Read second time. Ordered to third reading. |
| Apr 19, 2023 | From committee: Do pass. (Ayes 12. Noes 0.) (April 19). |
| Mar 15, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 14). Re-referred to Com. on APPR. |
| Feb 17, 2023 | Referred to Com. on E.S. & T.M. |
| Feb 10, 2023 | From printer. May be heard in committee March 12. |
| Feb 9, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | AB 664 Lee Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 12, 2023 | Assembly 3rd Reading AB664 Lee By Gonzalez | Senate Floor |
Passed |
|
| Sep 1, 2023 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 26, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 7, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Environmental Quality |
Passed |
|
| Apr 24, 2023 | AB 664 Lee Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 19, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 14, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | 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
|
|---|---|---|
| Alchemist CDC | ** Support | |
| Association Of California Water Agencies | ** Support | |
| California Apartment Association | ** Support | |
| California Environmental Voters | ** Support | |
| California Food and Farming Network | ** Support | |
| California League Of Conservation Voters | ** Support | |
| California Nurses for Environmental Health and Justice | * Support | Mar 14, 2023 |
| Californians for Pesticide Reform | * Support | Mar 14, 2023 |
| Clean Water Action | ** Support | |
| Community Water Center | ** Support | |
| Environmental Working Group | ** Support | |
| Families Advocating for Chemical and Toxic Safety | * Support | Mar 14, 2023 |
| Leadership Counsel for Justice and Accountability | ** Support | |
| Los Angeles Alliance for a New Economy | ** Support | |
| Natural Resource Defense Council | * Support | Mar 14, 2023 |
| Pesticide Action Network | * Support | Mar 14, 2023 |
| Roots of Change | ** Support | |
| Santa Clara Valley Water District | ** Support | |
| Sierra Club California | * Support | Mar 14, 2023 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 664
Author:(Lee)
As Amended Ver:September 6, 2023
Majority vote
SUMMARY
Requires the owner of a domestic well that serves a rental property and is located within a drinking water system consolidation or extended service area, who does not provide written consent to the consolidation or extension of service, to ensure that tenants of rental properties served solely by their wells have access to an adequate supply of safe drinking water.
Senate Amendments
- Require the owner of a domestic well that serves a rental property and is located within a drinking water system consolidation or extended service area, who does not provide written consent to a consolidation or extension of service, to do all of the following:
- Test, once per year, their domestic wells for all contaminants for which the State Water Resources Control Board (State Water Board) has adopted primary and secondary drinking water standards;
- Provide test results to all tenants within 10 days of receiving the results, in English and the primary language spoken by the tenant;
- Provide test results to the local health officer or other relevant health agency; and,
- Provide or pay for uninterrupted replacement water service, which may include wellhead treatment, if well testing shows a violation of primary or secondary drinking water standards.
- Require domestic well owners—if they use wellhead treatment as a means of providing uninterrupted replacement water service—to test their wells to determine if treatment resolved violations of primary and secondary drinking water standards, and to provide these test results to tenants and the local health officer or other relevant health agency.
- Prohibit domestic well owners who decline consolidation or extension of service from imposing on tenants any charge, or increasing any fee, rent, or other charge that solely results from complying with specified requirements, including the requirements to provide tenants with access to an adequate supply of safe drinking water and conduct well testing.
- Provide that the requirements of this bill apply to consolidations ordered by the State Water Board and to voluntary consolidations negotiated between a receiving water system and subsumed water system, subsequent to encouragement to consolidate by the State Water Board.
- Require the State Water Board to enforce the requirements of Health and Safety Code Section 116682(j)(3) (i.e., the requirements of this bill) if the Legislature has appropriated sufficient funds for this purpose.
- Make technical and clarifying changes.
COMMENTS
Domestic wells and inequitable access to safe drinking water: State law defines a domestic well as a groundwater well used to supply water for the domestic needs of an individual residence, or a water system that is not a public water system and has no more than four service connections. According to the State Water Board, domestic wells are typically used by single family homeowners for private use and consumption.
The State Water Board notes that one million Californians lack access to water that is reliably safe for drinking. In its 2022 Drinking Water Needs Assessment, the State Water Board reports that across the state, an estimated 33% of domestic wells are located in disadvantaged or severely disadvantaged communities, and 43% of wells in these communities are identified as at-risk, or located in areas where groundwater is at high risk of containing contaminants that exceed safe drinking water standards. At-risk domestic wells may exceed drinking water standards established for multiple contaminants, including nitrate; arsenic; radioactive chemicals; 1,2,3 trichloropropane (1,2,3 TCP); uranium; and hexavalent chromium. Contaminant exposure can lead to a range of health effects, including gastrointestinal illness, cancer, developmental and reproductive harm, neurological changes, and organ damage.
Domestic well regulation: Neither the United States Environmental Protection Agency (US EPA) nor the State Water Board regulate domestic wells, although both recommend annual testing for contaminants. In 2019, in an effort to obtain additional information about contamination in high-risk areas served by state small water systems and domestic wells, the Legislature passed SB 200 (Monning, Chapter 120, Statutes of 2019), which requires local health officers to submit any data they receive from water quality testing of domestic wells to the State Water Board.
Drinking water system consolidation: State law allows the State Water Board to order drinking water system consolidation or extension of service when water systems serving disadvantaged communities fail or are at risk of failing to provide an adequate supply of safe drinking water. Consolidation is the physical or managerial joining of two or more water systems, which often consists of a smaller water system that is failing or at risk of failing (referred to as the "subsumed water system") being absorbed into a larger, compliant water system (referred to as the "receiving water system"). Under state law, a "subsumed water system" can include domestic wells.
According to the US EPA, water system partnerships, forged through strategies such as consolidation, can be an effective means of helping small water systems achieve and maintain technical, managerial, and financial capacity, and reducing the oversight and resources that states need to devote to these systems. Although the State Water Board can order consolidation where a disadvantaged community relies on domestic wells that consistently fail or are at risk of failure, domestic well owners must consent to the consolidation. Without consent, well owners are ineligible for most forms of state water-related grants.
The State Water Board cannot order a consolidation or extension of service without significant stakeholder and community engagement and must perform numerous actions before issuing an order. These include encouraging voluntary consolidation or extension of service; considering other enforcement remedies; considering the affordability of anticipated monthly rates for drinking water service to residential customers of the potentially subsumed water system; providing technical assistance and working with the potentially receiving and subsumed water systems to develop a financing package that benefits them both; and, providing the opportunity for public comment, with advance notice for public meetings provided to multiple stakeholders, including renters and property owners. The State Water Board must also make several findings, including that the potentially subsumed water system has consistently failed to provide an adequate supply of safe drinking water or is at risk of doing so; that reasonable efforts to negotiate consolidation or extension of service were made; and, that consolidation or extension of service is appropriate and technically and economically feasible.
Upon ordering consolidation or extension of service, the State Water Board must also complete specified tasks, such as providing financial assistance to pay for the water infrastructure needed for consolidation or extension of service to take place, and compensating the owners of a privately owned subsumed water system for the fair market value of the system.
This bill: AB 664 requires domestic well owners to ensure that tenants of rental properties served solely by their wells have access to safe drinking water, if well owners decline to participate in a consolidation or extension of service. By declining to participate, well owners essentially decline access to the technical assistance and existing funding that the State Water Board provides to support the consolidation process and improve water quality in disadvantaged communities. The bill preserves a well owner's ability to decline, since it does not change current state law that prohibits the State Water Board from requiring consolidation or extension of service to a residence served by a domestic well.
According to the Author
"The Human Right to Water Law represents landmark legislation, but implementing its vision remains a work in progress. Disadvantaged communities are more likely to rely on smaller, older, and poorly maintained water systems or domestic wells, which may contain contaminants associated with a broad range of health issues, including gastrointestinal illness, cancer, developmental and reproductive effects, neurological symptoms, and organ damage.
Through consolidation, the state can offer resources—both funding and technical assistance—to domestic well owners in disadvantaged communities, to help them provide safe drinking water. However, state law does not require domestic well owners to participate in consolidation projects, nor does it require landlords to ensure their tenants have access to safe drinking water. As a result, renters living in disadvantaged communities that rely on domestic wells face the risk of continued exposure to contaminated drinking water, with little recourse, when well owners do not consent to testing or willfully decline consolidation without holding themselves accountable for ensuring their wells provide safe drinking water. In cases where well owners do not consent to consolidation, AB 664 will require that they ensure that they are providing safe drinking water to renters who rely solely on their wells."
Arguments in Support
According to a coalition of community-based organizations and environmental groups:
"Access to safe, affordable drinking water and sanitation is a human right. It is also essential to public health, with recent studies demonstrating a link between policies that maintain access to drinking water and reductions in COVID-19 infection and deaths. However, neither the state nor the federal government regulates the water quality of domestic wells, which are groundwater wells that supply water to up to four individual residences. Many Californians with domestic wells face contamination issues and ongoing threats to their water supply, often struggling to obtain enough safe drinking water to meet their daily needs…This bill would ensure that if a landlord declines to connect to public drinking water service when there is a state-funded opportunity to do so, the landlord will otherwise provide the tenant(s) with safe drinking water. This is a narrowly tailored approach to better ensuring that tenants have access to safe drinking water."
Arguments in Opposition
No opposition on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee, enactment of this bill could lead to annual cost pressure of $450,000 for enforcement by the State Water Board.
VOTES:
ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 7-0-2
YES: Lee, Arambula, Bauer-Kahan, Connolly, McKinnor, Pacheco, Zbur
ABS, ABST OR NV: Hoover, Ta
ASM APPROPRIATIONS: 12-0-4
YES: Holden, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Robert Rivas, Weber, Wilson
ABS, ABST OR NV: Megan Dahle, Bryan, Dixon, Sanchez
ASSEMBLY FLOOR: 63-2-15
YES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO: Flora, Joe Patterson
ABS, ABST OR NV: Alanis, Chen, Megan Dahle, Davies, Dixon, Essayli, Vince Fong, Gallagher, Holden, Hoover, Lackey, Jim Patterson, Sanchez, Ta, Wallis
UPDATED
VERSION: September 6, 2023
CONSULTANT: Naomi Ondrasek / E.S. & T.M. / (916) 319-3965 FN: 0001962
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 664 |
THIRD READING
Bill No: AB 664
Author: Lee (D)
Amended: 9/6/23 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 4-2, 6/7/23
AYES: Allen, Gonzalez, Menjivar, Skinner
NOES: Hurtado, Nguyen
NO VOTE RECORDED: Dahle
SENATE APPROPRIATIONS COMMITTEE: 5-2, 9/1/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NOES: Jones, Seyarto
ASSEMBLY FLOOR: 63-2, 4/24/23 - See last page for vote
SUBJECT: California Safe Drinking Water Act
SOURCE: Community Water Center
Leadership Counsel for Justice and Accountability
DIGEST: This bill requires 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.
Senate Floor Amendments of 9/6/23 clarify testing requirements, require well owners to share testing results with local health officers, strengthen provisions around wellhead treatment, and address a chaptering conflict.
ANALYSIS:
Existing law:
- Defines "domestic well" as a groundwater well used to supply water for the domestic needs of an individual residence or a water system that is not a public water system and that has no more than four service connections. (Health & Safety Codes (HSC) § 116681(g))
- Authorizes the State Water Board to order consolidation with a receiving water system under specified circumstances. (HSC § 116682)
- Authorizes the State Water Board to order an extension of service to an area within a disadvantaged community that does not have access to an adequate supply of safe drinking water, as long as the extension of service is an interim solution in preparation for consolidation. (HSC § 116682(a))
- Requires the State Water Board, before ordering consolidation or extension of service, to make seven findings, including that the potentially subsumed water system has consistently failed to provide an adequate supply of safe drinking water or is at risk of doing so; that reasonable efforts to negotiate consolidation or extension of service were made; and, that consolidation or extension of service is appropriate and technically and economically feasible. (HSC § 116682(d))
- Requires the State Water Board, upon ordering consolidation or extension of service, to provide appropriate financial assistance for the water infrastructure needed for the consolidation or extension of service. (HSC § 116682(e)(1))
- Requires the State Water Board, upon ordering consolidation or extension of service to a community containing residences served by domestic wells, to promptly take all reasonable steps to obtain written consent to the consolidation or extension of service from an owner of each residence served by a domestic well. (HSC § 116682(e)(6))
- Prohibits the State Water Board from requiring consolidation or extension of service to a residence served solely by a domestic well until an owner of the affected residence provides written consent; specifies that any domestic well owner within the consolidation or extension of service area that does not provide written consent will be ineligible, until 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. (HSC § 116682(j))
- Requires, by January 1, 2021, the State Water Board, in consultation with local health officers and other relevant stakeholders, to use available data to make a map of aquifers that are at high risk of containing contaminants that exceed safe drinking water standards, and that are used or likely to be used as a source of drinking water by a state small water system or a domestic well. (HSC § 116772(a)(1))
This bill:
- Requires 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 and do all of the following until consent is provided:
- Test the drinking water from these domestic wells once per year. Requires testing be conducted for all contaminants for which the State Water Board has adopted primary and secondary drinking water standards and conducted pursuant to specified regulation;
- Provide the testing results to all tenants within 10 days of receiving such results. Requires the notice comply with specified regulations and be provided in English and the primary language spoken by the tenant recipient; and
- Provide the testing results to the local health officer or other relevant health agency.
- Requires, if the testing results collected demonstrate a violation of any primary or secondary drinking water standards adopted by the State Water Board, the domestic well owner provide or pay for uninterrupted replacement water service, which may include wellhead treatment.
- Prohibits a domestic well owner from imposing any charge, or increase any fee, rent, or other charge imposed, on any tenant solely as a result of the above requirements.
- Stipulates that the above provisions apply to consolidations ordered by the State Water Board and to voluntary consolidations negotiated between a receiving water system and a subsumed water system subsequent to encouragement to consolidate by the State Water Board.
- Specifies that the state board enforce these provisions to the extent sufficient funding is appropriated in the annual Budget Act or otherwise for this purpose.
Background
- Drinking water contamination. While most drinking water in California meets requirements for health and safety, surface waters and aquifers used for drinking water can be contaminated by various chemicals, microbes, and radionuclides. According to the United States Environmental Protection Agency (US EPA), common sources of drinking water contaminants include:
- Industry and agriculture. Organic solvents, petroleum products, and heavy metals from disposal sites or storage facilities can migrate into aquifers. Pesticides and fertilizers can be carried into lakes and streams by rainfall runoff or snowmelt, or can percolate into aquifers.
- Human and animal waste. Human wastes from sewage and septic systems can carry harmful microbes into drinking water sources, as can wastes from animal feedlots and wildlife. Major contaminants resulting from human and animal waste include Giardia, Cryptosporidium, and E. coli.
- Treatment and distribution. While treatment can remove many contaminants, it can also leave behind byproducts (such as trihalomethanes) that may themselves be harmful.
- Natural sources. Some ground water is unsuitable or challenging to use for drinking because the local underground conditions include high levels of certain contaminants. For example, as ground water travels through rock and soil, it can pick up naturally occurring arsenic, other heavy metals, or radionuclides.
- Health effects of drinking water contaminants. The US EPA reports that there is a broad range of health effects associated with exposure to drinking water contaminants. Ingestion or exposure to pathogens at sufficient doses can result in gastrointestinal illness with symptoms such as diarrhea, nausea, stomach cramps, and vomiting. Exposure to higher doses of chemicals, metals, or radionuclides through drinking water can produce biological responses, toxicological effects, and more severe health impacts including cancer, developmental or reproductive effects, neurological changes, and organ damage.
- Domestic wells and inequitable access to safe drinking water. According to the Office of the Environmental Health Hazard Assessment, disadvantaged communities and people in rural areas are exposed to contaminants in their drinking water more often than people in other parts of the state. The State Water Board notes that one million Californians lack access to water that is reliably safe for drinking, and that smaller, older, poorly maintained private wells serving disadvantaged communities around the state can contain contaminants. In its 2022 Drinking Water Needs Assessment, the State Water Board reports that across the state, an estimated 33 percent of domestic wells are located in disadvantaged or severely disadvantaged communities, and 43 percent of wells in these communities are identified as at-risk, or located in areas where groundwater is at high risk of containing contaminants that exceed safe drinking water standards.
- Domestic well regulation. Neither the US EPA nor the State Water Board regulate domestic wells, although both recommend annual testing of wells used for drinking water. According to the State Water Board's 2015 guide on domestic wells, well owners must obtain permits from local environmental health agencies or local water districts before well construction, modification, or destruction. The Department of Water Resources and the State Water Board have established well construction standards; however, the state does not maintain water quality standards, or testing or remediation requirements, for domestic wells.
- Consolidation as a strategy for addressing water quality issues in domestic wells. State law allows the State Water Board to order water system consolidation or extension of service when water systems fail or are at risk of failing to provide an adequate supply of safe drinking water. Consolidation is the physical or managerial joining of two or more water systems, which often consists of a smaller water system that is failing or at risk of failing (referred to as the "subsumed water system") being absorbed into a larger, compliant water system (referred to as the "receiving water system"). Physical consolidation involves the merging or sharing of physical infrastructure, such as distribution pipelines or water treatment facilities. Managerial or operational consolidation involves sharing financial, managerial, or technical capacity. Under state law, a "subsumed water system" can include domestic wells.
According to the US EPA, water system partnerships, forged through strategies such as consolidation, can be an effective means of helping small water systems achieve and maintain technical, managerial, and financial capacity, and reducing the oversight and resources that states need to devote to these systems. The State Water Board maintains that consolidation and extension of service to disadvantaged communities that currently rely on under-performing or failing small water systems or domestic wells can reduce costs and improve reliability. Although the State Water Board can order consolidation where a disadvantaged community relies on domestic wells that consistently fail or are at risk of failure, domestic well owners must consent to the consolidation. Without consent, domestic well owners are ineligible for most forms of state water-related grants.
State law requires the State Water Board to perform a series of actions before ordering consolidation or extension of service. These include encouraging voluntary consolidation or extension of service; considering other enforcement remedies; considering the affordability of anticipated monthly rates for drinking water service to residential customers of the potentially subsumed water system; providing technical assistance and working with the potentially receiving and subsumed water systems to develop a financing package that benefits them both; and, providing the opportunity for public comment, with advance notice for public meetings provided to multiple stakeholders, including renters and property owners.
The State Water Board must also make several findings, including that the potentially subsumed water system has consistently failed to provide an adequate supply of safe drinking water or is at risk of doing so; that reasonable efforts to negotiate consolidation or extension of service were made; and, that consolidation or extension of service is appropriate and technically and economically feasible.
Upon ordering consolidation or extension of service, the State Water Board must also complete specified tasks, such as providing financial assistance to pay for the water infrastructure needed for consolidation or extension of service to take place, and compensating the owners of a privately owned subsumed water system for the fair market value of the system.
In its 2022 Drinking Water Needs Assessment, the State Water Board reported that in 2021, 27 water systems, serving 13,641 people, were consolidated, and that there were about 170 active consolidations that were either in the early stages of development or in process for funding.
Comments
Purpose of Bill. According to the author, “Disadvantaged communities are more likely to rely on smaller, older, and poorly maintained water systems or domestic wells, which may contain contaminants associated with a broad range of health issues…Through consolidation, the state can offer resources—both funding and technical assistance—to domestic well owners in disadvantaged communities, to help them provide safe drinking water. However, state law does not require domestic well owners to participate in consolidation projects, nor does it require landlords to ensure their tenants have access to safe drinking water…In cases where well owners do not consent to consolidation, AB 664 will require that domestic well owners ensure that they are providing safe drinking water to any renters who rely solely on their wells.”
Related/Prior Legislation
SB 403 (Gonzalez, Chapter 242, Statutes of 2021) authorized the State Water Board to order the consolidation of at-risk domestic wells and at-risk water systems.
AB 508 (Chu, Chapter 352, Statutes of 2019) made changes to statute related to the State Water Board’s authority to order the consolidation of drinking water systems, including setting a deadline of July 1, 2020, as the date by which the State Water Board must develop a policy that provides a process for members of a disadvantaged community to petition for consolidation.
SB 200 (Monning, Chapter 120, Statutes of 2019) established the Safe and Affordable Drinking Water Fund to help water systems provide an adequate and affordable supply of safe drinking water in both the near and the long terms.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, this bill would result in ongoing cost pressure of about $450,000 annually (Safe and Affordable Drinking Water Fund or other fund) to provide funding for the State Water Resources Control Board (State Water Board) to enforce the provisions of this bill.
SUPPORT: (Verified 9/6/23)
Community Water Center (co-source)
Leadership Counsel for Justice and Accountability (co-source)
Alchemist CDC
Association of California Water Agencies
California Apartment Association
California Environmental Voters
California Food and Farming Network
California League of Conservation Voters
Clean Water Action
Environmental Working Group
Los Angeles Alliance for a New Economy
Roots of Change
Santa Clara Valley Water District
OPPOSITION: (Verified 9/6/23)
None received
ASSEMBLY FLOOR: 63-2, 4/24/23
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NOES: Flora, Joe Patterson
NO VOTE RECORDED: Alanis, Chen, Megan Dahle, Davies, Dixon, Essayli, Vince Fong, Gallagher, Holden, Hoover, Lackey, Jim Patterson, Sanchez, Ta, Wallis
Prepared by: Gabrielle Meindl / E.Q. / (916) 651-4108
9/7/23 11:04:14
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 664 (Lee) - California Safe Drinking Water Act
Version: May 24, 2023 | Policy Vote: E.Q. 4 - 2 |
Urgency: No | Mandate: Yes |
Hearing Date: June 26, 2023 | Consultant: Ashley Ames |
Bill Summary:
This bill would require a domestic well owner within a consolidation or extended service area who does not provide written consent to the consolidation or extension of service to ensure that tenants of rental properties served solely by that domestic well have access to an adequate supply of safe drinking water.
Fiscal Impact:
- Ongoing cost pressure of about $450,000 annually (Safe and Affordable Drinking Water Fund or other fund) to provide funding for the State Water Resources Control Board (State Water Board) to enforce the provisions of this bill.
Background:
Drinking water contamination. While most drinking water in California meets requirements for health and safety, surface waters and aquifers used for drinking water can be contaminated by various chemicals, microbes, and radionuclides. According to the US EPA, common sources of drinking water contaminants include:
- Industry and agriculture. Organic solvents, petroleum products, and heavy metals from disposal sites or storage facilities can migrate into aquifers. Pesticides and fertilizers can be carried into lakes and streams by rainfall runoff or snowmelt, or can percolate into aquifers.
- Human and animal waste. Human wastes from sewage and septic systems can carry harmful microbes into drinking water sources, as can wastes from animal feedlots and wildlife. Major contaminants resulting from human and animal waste include Giardia, Cryptosporidium, and E. coli.
- Treatment and distribution. While treatment can remove many contaminants, it can also leave behind byproducts (such as trihalomethanes) that may themselves be harmful.
- Natural sources. Some ground water is unsuitable or challenging to use for drinking because the local underground conditions include high levels of certain contaminants. For example, as ground water travels through rock and soil, it can pick up naturally occurring arsenic, other heavy metals, or radionuclides.
Health effects of drinking water contaminants. The US EPA reports that there is a broad range of health effects associated with exposure to drinking water contaminants. Ingestion or exposure to pathogens at sufficient doses can result in gastrointestinal illness with symptoms such as diarrhea, nausea, stomach cramps, and vomiting. Exposure to higher doses of chemicals, metals, or radionuclides through drinking water can produce biological responses, toxicological effects, and more severe health impacts including cancer, developmental or reproductive effects, neurological changes, and organ damage.
Domestic wells and inequitable access to safe drinking water. According to the Office of the Environmental Health Hazard Assessment, disadvantaged communities and people in rural areas are exposed to contaminants in their drinking water more often than people in other parts of the state. The State Water Board notes that one million Californians lack access to water that is reliably safe for drinking, and that smaller, older, poorly maintained private wells serving disadvantaged communities around the state can contain contaminants. In its 2022 Drinking Water Needs Assessment, the State Water Board reports that across the state, an estimated 33 percent of domestic wells are located in disadvantaged or severely disadvantaged communities, and 43 percent of wells in these communities are identified as at-risk, or located in areas where groundwater is at high risk of containing contaminants that exceed safe drinking water standards.
Domestic well regulation. Neither the US EPA nor the State Water Board regulate domestic wells, although both recommend annual testing of wells used for drinking water. According to the State Water Board's 2015 guide on domestic wells, well owners must obtain permits from local environmental health agencies or local water districts before well construction, modification, or destruction. The Department of Water Resources and the State Water Board have established well construction standards; however, the state does not maintain water quality standards, or testing or remediation requirements, for domestic wells.
Consolidation as a strategy for addressing water quality issues in domestic wells. State law allows the State Water Board to order water system consolidation or extension of service when water systems fail or are at risk of failing to provide an adequate supply of safe drinking water. Consolidation is the physical or managerial joining of two or more water systems, which often consists of a smaller water system that is failing or at risk of failing (referred to as the "subsumed water system") being absorbed into a larger, compliant water system (referred to as the "receiving water system"). Physical consolidation involves the merging or sharing of physical infrastructure, such as distribution pipelines or water treatment facilities. Managerial or operational consolidation involves sharing financial, managerial, or technical capacity. Under state law, a "subsumed water system" can include domestic wells.
According to the US EPA, water system partnerships, forged through strategies such as consolidation, can be an effective means of helping small water systems achieve and maintain technical, managerial, and financial capacity, and reducing the oversight and resources that states need to devote to these systems. The State Water Board maintains that consolidation and extension of service to disadvantaged communities that currently rely on under-performing or failing small water systems or domestic wells can reduce costs and improve reliability. Although the State Water Board can order consolidation where a disadvantaged community relies on domestic wells that consistently fail or are at risk of failure, domestic well owners must consent to the consolidation. Without consent, domestic well owners are ineligible for most forms of state water-related grants.
State law requires the State Water Board to perform a series of actions before ordering consolidation or extension of service. These include encouraging voluntary consolidation or extension of service; considering other enforcement remedies; considering the affordability of anticipated monthly rates for drinking water service to residential customers of the potentially subsumed water system; providing technical assistance and working with the potentially receiving and subsumed water systems to develop a financing package that benefits them both; and, providing the opportunity for public comment, with advance notice for public meetings provided to multiple stakeholders, including renters and property owners.
The State Water Board must also make several findings, including that the potentially subsumed water system has consistently failed to provide an adequate supply of safe drinking water or is at risk of doing so; that reasonable efforts to negotiate consolidation or extension of service were made; and, that consolidation or extension of service is appropriate and technically and economically feasible.
Upon ordering consolidation or extension of service, the State Water Board must also complete specified tasks, such as providing financial assistance to pay for the water infrastructure needed for consolidation or extension of service to take place, and compensating the owners of a privately owned subsumed water system for the fair market value of the system.
In its 2022 Drinking Water Needs Assessment, the State Water Board reported that in 2021, 27 water systems, serving 13,641 people, were consolidated, and that there were about 170 active consolidations that were either in the early stages of development or in process for funding.
Proposed Law:
This bill would require a domestic well owner within a consolidation or extended service area who does not provide written consent to the consolidation or extension of service to ensure that tenants of rental properties served solely by that domestic well have access to an adequate supply of safe drinking water. Specifically, this bill would:
- Require, for a domestic well located within a consolidation or extended service area, a domestic well owner who does not provide written consent to the consolidation or extension of service to ensure that tenants of rental properties served solely by that domestic well have access to an adequate supply of safe drinking water and do both of the following until consent is provided:
- Test the drinking water from these domestic wells once per year. Requires testing be conducted for all contaminants for which the State Water Board has adopted primary and secondary drinking water standards and conducted pursuant to specified regulation;
- Provide the testing results to all tenants within 10 days of receiving such results. Requires the notice comply with specified regulations and be provided in English and the primary language spoken by the tenant recipient.
- Test the drinking water from these domestic wells once per year. Requires testing be conducted for all contaminants for which the State Water Board has adopted primary and secondary drinking water standards and conducted pursuant to specified regulation;
- If the testing results collected demonstrate a violation of any primary or secondary drinking water standards adopted by the State Water Board, require the domestic well owner provide or pay for uninterrupted replacement water service, which may include wellhead treatment.
- Prohibit a domestic well owner from imposing any charge, or increase any fee, rent, or other charge imposed, on any tenant solely as a result of the above requirements.
- Stipulate that the above provisions apply to consolidations ordered by the State Water Board and to voluntary consolidations negotiated between a receiving water system and a subsumed water system subsequent to encouragement to consolidate by the State Water Board.
- Specify that the state board enforce these provisions to the extent sufficient funding is appropriated in the annual Budget Act or otherwise for this purpose.
Related Legislation:
SB 403 (Gonzalez, Chapter 242, Statutes of 2021) authorizes the State Water Board to order the consolidation of at-risk domestic wells and at-risk water systems.
AB 508 (Chu, Chapter 352, Statutes of 2019) makes changes to statute related to the State Water Board’s authority to order the consolidation of drinking water systems, including setting a deadline of July 1, 2020 as the date by which the State Water Board must develop a policy that provides a process for members of a disadvantaged community to petition for consolidation.
SB 200 (Monning, Chapter 120, Statutes of 2019) establishes the Safe and Affordable Drinking Water Fund (Fund) to help water systems provide an adequate and affordable supply of safe drinking water in both the near and the long terms.
AB 2501 (Chu, Chapter 871, Statutes of 2018) authorizes the State Water Board to order consolidation with a receiving water system when a disadvantaged community is reliant on a domestic well that consistently fails to provide an adequate supply of safe drinking water.
SB 88 (Budget Committee, Chapter 27, Statutes of 2015) authorizes the State Water Board to require water systems that are serving disadvantaged communities with unreliable and unsafe drinking water to consolidate with, or receive service from, public water systems with safe, reliable, and adequate drinking water.
Staff Comments:
Proposed Section 116682 of AB 664 would require the State Water Board to enforce the paragraph if the Legislature appropriates sufficient funds in the annual Budget Act or otherwise for that purpose. The State Water Board estimates its initial annual enforcement costs under this provision would be approximately $450,000, should the Legislature provide funding.
-- END --
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Allen, Chair
2023 - 2024 Regular
Bill No: AB 664
Author: | Lee | ||
Version: | 5/24/2023 | Hearing Date: | 6/7/2023 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Gabrielle Meindl | ||
SUBJECT: California Safe Drinking Water Act: domestic wells
DIGEST: This bill requires a domestic well owner within a consolidation or extended service area who does not provide written consent to the consolidation or extension of service to ensure that tenants of rental properties served solely by that domestic well have access to an adequate supply of safe drinking water.
ANALYSIS:
Existing law:
- Defines "domestic well" as a groundwater well used to supply water for the domestic needs of an individual residence or a water system that is not a public water system and that has no more than four service connections. (HSC § 116681(g))
- Authorizes the State Water Board to order consolidation with a receiving water system under specified circumstances. (HSC § 116682)
- Authorizes the State Water Board to order an extension of service to an area within a disadvantaged community that does not have access to an adequate supply of safe drinking water, as long as the extension of service is an interim solution in preparation for consolidation. (HSC § 116682(a))
- Requires the State Water Board, before ordering consolidation or extension of service, to make seven findings, including that the potentially subsumed water system has consistently failed to provide an adequate supply of safe drinking water or is at risk of doing so; that reasonable efforts to negotiate consolidation or extension of service were made; and, that consolidation or extension of service is appropriate and technically and economically feasible. (HSC § 116682(d))
- Requires the State Water Board, upon ordering consolidation or extension of service, to provide appropriate financial assistance for the water infrastructure needed for the consolidation or extension of service. (HSC § 116682(e)(1))
- Requires the State Water Board, upon ordering consolidation or extension of service to a community containing residences served by domestic wells, to promptly take all reasonable steps to obtain written consent to the consolidation or extension of service from an owner of each residence served by a domestic well. (HSC § 116682(e)(6))
- Prohibits the State Water Board from requiring consolidation or extension of service to a residence served solely by a domestic well until an owner of the affected residence provides written consent; specifies that any domestic well owner within the consolidation or extension of service area that does not provide written consent will be ineligible, until 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. (HSC § 116682(j))
- Requires, by January 1, 2021, the State Water Board, in consultation with local health officers and other relevant stakeholders, to use available data to make a map of aquifers that are at high risk of containing contaminants that exceed safe drinking water standards, and that are used or likely to be used as a source of drinking water by a state small water system or a domestic well. (HSC § 116772(a)(1))
This bill:
- Requires, for a domestic well located within a consolidation or extended service area, a domestic well owner who does not provide written consent to the consolidation or extension of service to ensure that tenants of rental properties served solely by that domestic well have access to an adequate supply of safe drinking water and do both of the following until consent is provided:
- Test the drinking water from these domestic wells once per year. Requires testing be conducted for all contaminants for which the State Water Board has adopted primary and secondary drinking water standards and conducted pursuant to specified regulation;
- Provide the testing results to all tenants within 10 days of receiving such results. Requires the notice comply with specified regulations and be provided in English and the primary language spoken by the tenant recipient.
- Test the drinking water from these domestic wells once per year. Requires testing be conducted for all contaminants for which the State Water Board has adopted primary and secondary drinking water standards and conducted pursuant to specified regulation;
- If the testing results collected demonstrate a violation of any primary or secondary drinking water standards adopted by the State Water Board, requires the domestic well owner provide or pay for uninterrupted replacement water service, which may include wellhead treatment.
- Prohibits a domestic well owner from imposing any charge, or increase any fee, rent, or other charge imposed, on any tenant solely as a result of the above requirements.
- Stipulates that the above provisions apply to consolidations ordered by the State Water Board and to voluntary consolidations negotiated between a receiving water system and a subsumed water system subsequent to encouragement to consolidate by the State Water Board.
- Specifies that the state board enforce these provisions to the extent sufficient funding is appropriated in the annual Budget Act or otherwise for this purpose.
Background
- Drinking water contamination. While most drinking water in California meets requirements for health and safety, surface waters and aquifers used for drinking water can be contaminated by various chemicals, microbes, and radionuclides. According to the US EPA, common sources of drinking water contaminants include:
- Industry and agriculture. Organic solvents, petroleum products, and heavy metals from disposal sites or storage facilities can migrate into aquifers. Pesticides and fertilizers can be carried into lakes and streams by rainfall runoff or snowmelt, or can percolate into aquifers.
- Human and animal waste. Human wastes from sewage and septic systems can carry harmful microbes into drinking water sources, as can wastes from animal feedlots and wildlife. Major contaminants resulting from human and animal waste include Giardia, Cryptosporidium, and E. coli.
- Treatment and distribution. While treatment can remove many contaminants, it can also leave behind byproducts (such as trihalomethanes) that may themselves be harmful.
- Natural sources. Some ground water is unsuitable or challenging to use for drinking because the local underground conditions include high levels of certain contaminants. For example, as ground water travels through rock and soil, it can pick up naturally occurring arsenic, other heavy metals, or radionuclides.
- Health effects of drinking water contaminants. The US EPA reports that there is a broad range of health effects associated with exposure to drinking water contaminants. Ingestion or exposure to pathogens at sufficient doses can result in gastrointestinal illness with symptoms such as diarrhea, nausea, stomach cramps, and vomiting. Exposure to higher doses of chemicals, metals, or radionuclides through drinking water can produce biological responses, toxicological effects, and more severe health impacts including cancer, developmental or reproductive effects, neurological changes, and organ damage.
- Domestic wells and inequitable access to safe drinking water. According to the Office of the Environmental Health Hazard Assessment, disadvantaged communities and people in rural areas are exposed to contaminants in their drinking water more often than people in other parts of the state. The State Water Board notes that one million Californians lack access to water that is reliably safe for drinking, and that smaller, older, poorly maintained private wells serving disadvantaged communities around the state can contain contaminants. In its 2022 Drinking Water Needs Assessment, the State Water Board reports that across the state, an estimated 33 percent of domestic wells are located in disadvantaged or severely disadvantaged communities, and 43 percent of wells in these communities are identified as at-risk, or located in areas where groundwater is at high risk of containing contaminants that exceed safe drinking water standards.
- Domestic well regulation. Neither the US EPA nor the State Water Board regulate domestic wells, although both recommend annual testing of wells used for drinking water. According to the State Water Board's 2015 guide on domestic wells, well owners must obtain permits from local environmental health agencies or local water districts before well construction, modification, or destruction. The Department of Water Resources and the State Water Board have established well construction standards; however, the state does not maintain water quality standards, or testing or remediation requirements, for domestic wells.
- Consolidation as a strategy for addressing water quality issues in domestic wells. State law allows the State Water Board to order water system consolidation or extension of service when water systems fail or are at risk of failing to provide an adequate supply of safe drinking water. Consolidation is the physical or managerial joining of two or more water systems, which often consists of a smaller water system that is failing or at risk of failing (referred to as the "subsumed water system") being absorbed into a larger, compliant water system (referred to as the "receiving water system"). Physical consolidation involves the merging or sharing of physical infrastructure, such as distribution pipelines or water treatment facilities. Managerial or operational consolidation involves sharing financial, managerial, or technical capacity. Under state law, a "subsumed water system" can include domestic wells.
According to the US EPA, water system partnerships, forged through strategies such as consolidation, can be an effective means of helping small water systems achieve and maintain technical, managerial, and financial capacity, and reducing the oversight and resources that states need to devote to these systems. The State Water Board maintains that consolidation and extension of service to disadvantaged communities that currently rely on under-performing or failing small water systems or domestic wells can reduce costs and improve reliability. Although the State Water Board can order consolidation where a disadvantaged community relies on domestic wells that consistently fail or are at risk of failure, domestic well owners must consent to the consolidation. Without consent, domestic well owners are ineligible for most forms of state water-related grants.
State law requires the State Water Board to perform a series of actions before ordering consolidation or extension of service. These include encouraging voluntary consolidation or extension of service; considering other enforcement remedies; considering the affordability of anticipated monthly rates for drinking water service to residential customers of the potentially subsumed water system; providing technical assistance and working with the potentially receiving and subsumed water systems to develop a financing package that benefits them both; and, providing the opportunity for public comment, with advance notice for public meetings provided to multiple stakeholders, including renters and property owners.
The State Water Board must also make several findings, including that the potentially subsumed water system has consistently failed to provide an adequate supply of safe drinking water or is at risk of doing so; that reasonable efforts to negotiate consolidation or extension of service were made; and, that consolidation or extension of service is appropriate and technically and economically feasible.
Upon ordering consolidation or extension of service, the State Water Board must also complete specified tasks, such as providing financial assistance to pay for the water infrastructure needed for consolidation or extension of service to take place, and compensating the owners of a privately owned subsumed water system for the fair market value of the system.
In its 2022 Drinking Water Needs Assessment, the State Water Board reported that in 2021, 27 water systems, serving 13,641 people, were consolidated, and that there were about 170 active consolidations that were either in the early stages of development or in process for funding.
Comments
- Purpose of Bill. According to the author, “Disadvantaged communities are more likely to rely on smaller, older, and poorly maintained water systems or domestic wells, which may contain contaminants associated with a broad range of health issues…Through consolidation, the state can offer resources—both funding and technical assistance—to domestic well owners in disadvantaged communities, to help them provide safe drinking water. However, state law does not require domestic well owners to participate in consolidation projects, nor does it require landlords to ensure their tenants have access to safe drinking water…In cases where well owners do not consent to consolidation, AB 664 will require that domestic well owners ensure that they are providing safe drinking water to any renters who rely solely on their wells.”
- Protects access to safe drinking water for renters in disadvantaged communities. AB 664 requires domestic well owners to ensure that tenants of rental properties served solely by their wells have access to safe drinking water, if well owners decline to participate in a consolidation or extension of service that is either ordered by the State Water Board or voluntarily negotiated between the drinking water systems. By declining to participate, well owners essentially decline access to the technical assistance and funding that the State Water Board provides to support the consolidation process and improve water quality in disadvantaged communities. The bill preserves a well owner's ability to decline, since it does not change current state law that prohibits the State Water Board from requiring consolidation or extension of service to a residence served by a domestic well.
Recent amendments provide greater clarity on steps a well owner who declines to participate must take to ensure tenants have access to safe drinking water, including requiring yearly testing for all contaminants for which the State Water Board has adopted primary or secondary water standards, sharing testing results with tenants, and providing replacement water service if the testing results demonstrate a violation of any of the drinking water standards.These requirements would remain in place until the well owner consented to participate in the consolidation process.
Related/Prior Legislation
SB 403 (Gonzalez, Chapter 242, Statutes of 2021) authorizes the State Water Board to order the consolidation of at-risk domestic wells and at-risk water systems.
AB 508 (Chu, Chapter 352, Statutes of 2019) makes changes to statute related to the State Water Board’s authority to order the consolidation of drinking water systems, including setting a deadline of July 1, 2020 as the date by which the State Water Board must develop a policy that provides a process for members of a disadvantaged community to petition for consolidation.
SB 200 (Monning, Chapter 120, Statutes of 2019) establishes the Safe and Affordable Drinking Water Fund (Fund) to help water systems provide an adequate and affordable supply of safe drinking water in both the near and the long terms.
AB 2501 (Chu, Chapter 871, Statutes of 2018) authorizes the State Water Board to order consolidation with a receiving water system when a disadvantaged community is reliant on a domestic well that consistently fails to provide an adequate supply of safe drinking water.
SB 88 (Budget Committee, Chapter 27, Statutes of 2015) authorizes the State Water Board to require water systems that are serving disadvantaged communities with unreliable and unsafe drinking water to consolidate with, or receive service from, public water systems with safe, reliable, and adequate drinking water.
SOURCE:
Community Water Center and Leadership Council for Justice and Accountability
SUPPORT:
Alchemist CDC
Association of California Water Agencies (ACWA)
California Apartment Association
California Environmental Voters (formerly Clcv)
California Food and Farming Network
California League of Conservation Voters
Clean Water Action
Community Water Center
Community Water Center (CO-SPONSOR)
Environmental Working Group
Laane (los Angeles Alliance for A New Economy)
Leadership Council for Justice and Accountability (CO-SPONSOR)
Leadership Counsel for Justice & Accountability
Leadership Counsel for Justice and Accountability
Roots of Change
OPPOSITION:
None received
ARGUMENTS IN SUPPORT:
According to a coalition from environmental justice organizations and environmental groups, "Access to safe, affordable drinking water and sanitation is a human right. It is also essential to public health, with recent studies demonstrating a link between policies that maintain access to drinking water and reductions in COVID-19 infection and deaths. However, neither the state nor the federal government regulates the water quality of domestic wells, which are groundwater wells that supply water to up to four individual residences. Many Californians with domestic wells face contamination issues and ongoing threats to their water supply, often struggling to obtain enough safe drinking water to meet their daily needs.
“Although the State Water Board can order the consolidation of two or more water systems when a disadvantaged community relies on domestic wells that consistently fail or are at risk of failure, existing law does not require domestic well owners to participate in consolidation projects, and stipulates that well owners provide consent in order to receive any technical or financial resources from the state. As a result, renters living in disadvantaged communities that rely on domestic wells risk exposure to contaminated drinking water, with little recourse, when their landlord declines or 'opts out' of state consolidation projects.”
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 664
Author:(Lee)
As Introduced Ver:February 9, 2023
Majority vote
SUMMARY
Requires a domestic well owner within a consolidation or extended service area to ensure that tenants of rental properties served solely by their wells have access to safe drinking water, if the domestic well owner does not provide written consent to the consolidation or extension of service.
Major Provisions
COMMENTS
Human right to water: In 2012, by enacting Assembly Bill (AB) 685 (Eng) Chapter 524, Statutes of 2012, California became the first state with a Human Right to Water law. AB 685 established a state policy that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitation. Water supply issues; contaminants; costs of treatment and distribution systems; climate change; the number and nature of small public water systems, especially in disadvantaged communities; and many other factors continue to challenge progress in implementing the Human Right to Water.
Domestic wells and inequitable access to safe drinking water: A domestic well is defined in state law as a groundwater well used to supply water for the domestic needs of an individual residence, or a water system that is not a public water system and has no more than four service connections. According to the State Water Resources Control Board (State Water Board), domestic wells are typically used by single family homeowners for private use and consumption. The State Water Board notes that one million Californians lack access to water that is reliably safe for drinking. In its 2022 Drinking Water Needs Assessment, the State Water Board reports that across the state, an estimated 33% of domestic wells are located in disadvantaged or severely disadvantaged communities, and 43% of wells in these communities are identified as at-risk, or located in areas where groundwater is at high risk of containing contaminants that exceed safe drinking water standards. At-risk domestic wells may exceed drinking water standards established for multiple contaminants, including nitrate, arsenic, radioactive chemicals, 1,2,3 trichloropropane (1,2,3 TCP), uranium, and hexavalent chromium (Chrom 6).
Health effects of drinking water contaminants: The United States Environmental Protection Agency (US EPA) reports that there is a broad range of health effects associated with exposure to drinking water contaminants. Ingestion or exposure to pathogens at sufficient doses can result in gastrointestinal illness with symptoms such as diarrhea, nausea, stomach cramps, and vomiting. Exposure to higher doses of chemicals, metals, or radionuclides through drinking water can produce biological responses, toxicological effects, and more severe health impacts including cancer, developmental or reproductive effects, neurological changes, and organ damage.
Domestic well regulation: Neither the US EPA nor the State Water Board regulate domestic wells, although both recommend annual testing of wells used for drinking water. According to the State Water Board's 2015 guide on domestic wells, well owners must obtain permits from local environmental health agencies or local water districts before well construction, modification, or destruction. The Department of Water Resources and the State Water Board have established well construction standards; however, the state does not maintain water quality standards, or testing or remediation requirements, for domestic wells.
Consolidation as a strategy for addressing water quality issues in domestic wells: State law allows the State Water Board to order water system consolidation or extension of service when water systems fail or are at risk of failing to provide an adequate supply of safe drinking water. Consolidation is the physical or managerial joining of two or more water systems, which often consists of a smaller water system that is failing or at risk of failing (referred to as the "subsumed water system") being absorbed into a larger, compliant water system (referred to as the "receiving water system"). Physical consolidation involves the merging or sharing of physical infrastructure, such as distribution pipelines or water treatment facilities. Managerial or operational consolidation involves sharing financial, managerial, or technical capacity. Under state law, a "subsumed water system" can include domestic wells.
According to the US EPA, water system partnerships, forged through strategies such as consolidation, can be an effective means of helping small water systems achieve and maintain technical, managerial, and financial capacity, and reducing the oversight and resources that states need to devote to these systems. The State Water Board maintains that consolidation and extension of service to disadvantaged communities that currently rely on under-performing or failing small water systems or domestic wells can reduce costs and improve reliability. Although the State Water Board can order consolidation where a disadvantaged community relies on domestic wells that consistently fail or are at risk of failure, domestic well owners must consent to the consolidation. Without consent, domestic well owners are ineligible for most forms of state water-related grants.
State law requires the State Water Board to perform a series of actions before ordering consolidation or extension of service. These include encouraging voluntary consolidation or extension of service; considering other enforcement remedies; considering the affordability of anticipated monthly rates for drinking water service to residential customers of the potentially subsumed water system; providing technical assistance and working with the potentially receiving and subsumed water systems to develop a financing package that benefits them both; and, providing the opportunity for public comment, with advance notice for public meetings provided to multiple stakeholders, including renters and property owners. The State Water Board must also make several findings, including that the potentially subsumed water system has consistently failed to provide an adequate supply of safe drinking water or is at risk of doing so; that reasonable efforts to negotiate consolidation or extension of service were made; and, that consolidation or extension of service is appropriate and technically and economically feasible.
Upon ordering consolidation or extension of service, the State Water Board must also complete specified tasks, such as providing financial assistance to pay for the water infrastructure needed for consolidation or extension of service to take place, and compensating the owners of a privately owned subsumed water system for the fair market value of the system.
This bill: AB 664 requires domestic well owners to ensure that tenants of rental properties served solely by their wells have access to safe drinking water, if well owners decline to participate in a consolidation or extension of service. By declining to participate, well owners essentially decline access to the technical assistance and existing funding that the State Water Board provides to support the consolidation process and improve water quality in disadvantaged communities. The bill preserves a well owner's ability to decline, since it does not change current state law that prohibits the State Water Board from requiring consolidation or extension of service to a residence served by a domestic well.
According to the Author
"Disadvantaged communities are more likely to rely on smaller, older, and poorly maintained water systems or domestic wells, which may contain contaminants associated with a broad range of health issues…Through consolidation, the state can offer resources – both funding and technical assistance – to domestic well owners in disadvantaged communities, to help them provide safe drinking water. However, state law does not require domestic well owners to participate in consolidation projects, nor does it require landlords to ensure their tenants have access to safe drinking water…In cases where well owners do not consent to consolidation, AB 664 will require that domestic well owners ensure that they are providing safe drinking water to any renters who rely solely on their wells."
Arguments in Support
Writing in support, a coalition of organizations states:
"This bill would ensure that if a landlord declines to connect to public drinking water service when there is a state-funded opportunity to do so, the landlord will otherwise provide the tenant(s) with safe drinking water. This is a narrowly tailored approach to better ensuring that tenants have access to safe drinking water. To fully realize the promise of the Human Right to Water, California must ensure that its most vulnerable—including renters who live in disadvantaged communities and have limited control over their water quality—have access to safe drinking water."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, the State Water Board does not anticipate costs as a result of this bill.
VOTES
ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 7-0-2
YES: Lee, Arambula, Bauer-Kahan, Connolly, McKinnor, Pacheco, Zbur
ABS, ABST OR NV: Hoover, Ta
ASM APPROPRIATIONS: 12-0-4
YES: Holden, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Robert Rivas, Weber, Wilson
ABS, ABST OR NV: Megan Dahle, Bryan, Dixon, Sanchez
UPDATED
VERSION: February 9, 2023
CONSULTANT: Naomi Ondrasek / E.S. & T.M. / (916) 319-3965 FN: 0000215
Date of Hearing: April 19, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 664
Author:(Lee) – As Introduced Ver:February 9, 2023
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 requires a domestic well owner within a consolidation or extended service area who does not provide written consent to the consolidation or extension of service to ensure that tenants of rental properties served solely by that domestic well have access to safe drinking water until the owner provides consent.
FISCAL EFFECT:
The State Water Resources Control Board (State Water Board) does not anticipate costs as a result of this bill.
COMMENTS:
1) Purpose. According to the author:
Disadvantaged communities are more likely to rely on smaller, older, and poorly maintained water systems or domestic wells, which may contain contaminants associated with a broad range of health issues…Through consolidation, the state can offer resources—both funding and technical assistance—to domestic well owners in disadvantaged communities, to help them provide safe drinking water. However, state law does not require domestic well owners to participate in consolidation projects, nor does it require landlords to ensure their tenants have access to safe drinking water…In cases where well owners do not consent to consolidation, AB 664 will require that domestic well owners ensure that they are providing safe drinking water to any renters who rely solely on their wells.
2) Water Contamination in Domestic Wells. A domestic well is defined in state law as a groundwater well used to supply water for the domestic needs of an individual residence or a water system that is not a public water system and that has no more than four service connections. According to the State Water Board, domestic wells are typically used by single family homeowners for private use and consumption. The State Water Board notes that one million Californians lack access to water that is reliably safe for drinking. In its 2022 Drinking Water Needs Assessment, the State Water Board reports that across the state, an estimated 33% of domestic wells are located in disadvantaged or severely disadvantaged communities, and 43% of wells in these communities are identified as at-risk, or located in areas where groundwater is at high risk of containing contaminants that exceed safe drinking water standards.
3) Regulation of Domestic Wells. Neither the U.S. Environmental Protection Agency nor the State Water Board regulates domestic wells, although both recommend annual testing of wells used for drinking water. According to the State Water Board's 2015 guide on domestic wells, well owners must obtain permits from local environmental health agencies or local water districts before well construction, modification, or destruction. The Department of Water Resources and the State Water Board have established well construction standards; however, the state does not maintain water quality standards or testing or remediation requirements for domestic wells.
4) Water System Consolidation. State law allows the State Water Board to order water system consolidation or extension of service when water systems fail or are at risk of failing to provide an adequate supply of safe drinking water. Consolidation is the physical or managerial joining of two or more water systems, which often consists of a smaller water system that is failing or at risk of failing being absorbed into a larger, compliant water system. Although the State Water Board can order consolidation when a disadvantaged community relies on domestic wells that consistently fail or are at risk of failure, domestic well owners must consent to the consolidation. Without written consent, domestic well owners are ineligible for any future water-related grant funding from the state other that funding to mitigate a well failure, disaster, or other emergency. Upon ordering consolidation or extension of service, the State Water Board must also complete specified tasks, such as providing financial assistance to pay for the water infrastructure needed for consolidation or extension of service to take place, and compensating the owners of a privately owned subsumed water system for the fair market value of the system. In its 2022 Drinking Water Needs Assessment, the State Water Board reported that in 2021, 27 water systems, serving 13,641 people, were consolidated, and that there were about 170 active consolidations that were either in the early stages of development or in process for funding.
5) Support. Writing in support, a coalition of organizations states:
This bill would ensure that if a landlord declines to connect to public drinking water service when there is a state-funded opportunity to do so, the landlord will otherwise provide the tenant(s) with safe drinking water. This is a narrowly tailored approach to better ensuring that tenants have access to safe drinking water. To fully realize the promise of the Human Right to Water, California must ensure that its most vulnerable—including renters who live in disadvantaged communities and have limited control over their water quality—have access to safe drinking water.
There is no data currently available on this issue, because the State Water Board has not yet exercised its authority to require a water system to consolidate a domestic well community.
Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081
Discussed in Hearing
1MIN
Assembly Floor
3MIN
Senate Floor
1MIN
Assembly Floor
16MIN
Assembly Standing Committee on Environmental Safety and Toxic Materials
Bill Author
Bill Co-Author(s):