Health and Safety Code — Part 16 | HSC — United States — California law | Esheria

Health and Safety Code

Part 16 of 87 · provisions 3,001–3,200

This section says the act is to be known as the Health and Safety Code.

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About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 115835.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines “multiple use,” “public agency,” and “reservoir” for the article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115835. Unless the context otherwise requires, the following definitions shall control the construction of this article: (a) “Multiple use” includes domestic, industrial, agricultural, and recreational uses. (b) “Public agency” means the state or any city, other than a chartered city, county, public district, or other public institution. (c) “Reservoir” does not include ditches, canals, or any similar type of water distributing facility. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  2. 11584.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

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    If movable property is sold, the sale proceeds must be used in a set order to pay removal and sale costs, then closing and security costs, then the plaintiff’s costs, with any remainder going to the owner.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11584. The proceeds of the sale of the movable property shall be applied as follows: First—To the fees and costs of the removal and sale. Second—To the allowances and costs of closing and keeping closed the building or place. Third—To the payment of the plaintiff’s costs in the action. Fourth—The balance, if any, to the owner of the property. (Added by Stats. 1972, Ch. 1407.)
  3. 115840.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    In San Diego County, recreational use of a reservoir stored for domestic water cannot include bodily contact with the water unless treatment and department-compliance conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115840. (a) In San Diego County, recreational uses shall not, with respect to a reservoir in which water is stored for domestic use, include recreation in which there is bodily contact with the water by any participant, unless both of the following conditions are satisfied: (1) The water subsequently receives complete water treatment, including coagulation, flocculation, sedimentation, filtration, and disinfection, before being used for domestic purposes. (2) The reservoir is operated in compliance with regulations of the department, as provided in Section 115830. (b) The recreational use may be subject to additional conditions and restrictions adopted by the entity operating the water supply reservoir, if the conditions and restrictions do not conflict with regulations of the department and are designed to further protect or enhance the public health and safety. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  4. 115840.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    In the Modesto Reservoir, recreational uses cannot include water-contact recreation unless water treatment and reservoir-operation conditions are met. The district must file a report by January 1, 2002, and the department must consult before requiring added conditions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115840.5. (a) In the Modesto Reservoir, recreational uses shall not include recreation in which any participant has bodily contact with the water, unless both of the following conditions are satisfied: (1) The water subsequently receives complete water treatment, in compliance with all applicable department regulations, including coagulation, flocculation, sedimentation, filtration, and disinfection, before being used for domestic purposes. The disinfection shall include, but not be limited to, ozonation. (2) The reservoir is operated in compliance with regulations of the department. (b) The recreational use may be subject to additional conditions and restrictions adopted by the entity operating the water supply reservoir or required by the department, if those conditions and restrictions do not conflict with regulations of the department, and are required to further protect or enhance the public health and safety. The department shall, prior to requiring any additional conditions and restrictions, consult with the entity operating the water supply reservoir regarding the proposed conditions and restrictions at least 60 days prior to the effective date of those conditions or restrictions. (c) The Modesto Irrigation District shall file, on or before January 1, 2002, with the Legislature, a report on the recreational uses at Modesto Reservoir and the water treatment program. The report shall include, but not be limited to, all of the following information: (1) The estimated levels and types of recreational uses at the reservoir on a monthly basis. (2) Levels of methyl tertiary butyl ether at various reservoir locations on a monthly basis. (3) A summary of available monitoring in the Modesto Reservoir watershed for giardia and cryptosporidium. (4) The sanitary survey of the watershed and water quality monitoring plan. (5) An evaluation of recommendations relating to removal and inactivation of cryptosporidium and giardia as specified in the department water permit dated October 28, 1997. (6) Annual reports provided to the department, as required pursuant to Sections I and IV of the department water permit dated October 28, 1997. (7) An evaluation of the impact on source water quality due to recreational activities on the Modesto Reservoir, including any microbiological monitoring. (8) A summary of any activities between the district and the county for operation of recreational uses and facilities in a manner that optimizes the water quality. (9) The reservoir management plan and the operations plan. (10) The annual water quality reports submitted to consumers each year. (d) If there is a change in operation of the treatment facility or a change in the quantity of water to be treated at the treatment facility, the department may require the Modesto Irrigation District to file a report that includes, but is not limited to, the information required pursuant to subdivision (c), and the district shall demonstrate to the satisfaction of the department that water quality will not be adversely affected. (Amended by Stats. 2003, Ch. 742, Sec. 3. Effective January 1, 2004.)
  5. 115841.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Recreational contact with the water is allowed in Nacimiento Reservoir if the listed water-use and reservoir-operation requirements are followed.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115841. Recreational activity in which there is bodily contact with the water by any participant shall continue to be allowed in Nacimiento Reservoir in accordance with all of the following requirements : (a) Any agency that removes water from the reservoir for domestic use shall comply with any, or at a minimum, one of the following with regard to the water removed: (1) The water subsequently receives complete water treatment in compliance with all applicable department regulations, including coagulation, flocculation, sedimentation, filtration, and disinfection, before being used for domestic purposes. (2) The water is discharged in a manner that allows percolation into a subsurface groundwater basin for subsequent extraction from only those groundwater wells that have been determined by the department not to be under the influence of surface water pursuant to Chapter 17 (commencing with Section 64650) of Division 4 of Title 22 of the California Code of Regulations and subsequently receives disinfection and complies with all applicable department regulations before being used for domestic purposes. (3) The water is discharged in a manner that allows percolation into a subsurface groundwater basin for subsequent extraction from groundwater wells under the influence of surface water that receives treatment pursuant to Chapter 17 (commencing with Section 64650) of Division 4 of Title 22 of the California Code of Regulations and complies with all applicable department regulations. (b) The reservoir is operated in compliance with regulations of the department. (c) The water stored for domestic purposes that may be excepted from the requirements of subdivision (b) of Section 115825 is removed from the reservoir by an agency for domestic purposes only in San Luis Obispo County and only in an amount for which that agency has a contractual right. (Added by Stats. 1997, Ch. 524, Sec. 2. Effective January 1, 1998.)
  6. 115842.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Bodily-contact recreation is allowed at Sly Park Reservoir only if the water is treated, monitored, and the reservoir operates under department regulations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115842. (a) Recreational activity in which there is bodily contact with the water by any participant is allowed in the Sly Park Reservoir provided that all of the following conditions are satisfied: (1) The water shall receive complete water treatment, including coagulation, flocculation, sedimentation, filtration, and disinfection; or alternative treatment that complies with all applicable department regulations and requirements. Such treatment shall, at a minimum, comply with all state laws and department regulations and all federal laws and regulations, including, but not limited to, the federal Environmental Protection Agency Long-Term 2 Enhanced Surface Water Treatment regulations. Nothing in this division shall limit the state or the department from imposing more stringent treatment standards than those required by federal law. (2) The El Dorado Irrigation District conducts a monitoring program for E. coli, bacteria and giardia, and cryptosporidium organisms at various reservoir locations and at a frequency determined by the department. (3) The reservoir is operated in compliance with regulations of the department. (b) The recreational use of that reservoir shall be subject to additional conditions and restrictions adopted by the entity operating the water supply reservoir, or by the department, that are required to further protect or enhance the public health and safety and do not conflict with regulations of the department. (c) The El Dorado Irrigation District shall file, on or before January 1, 2005, with the department, a report on the recreational uses at Sly Park Reservoir and the water treatment program for that reservoir. That report shall include, but is not limited to, providing all of the following information: (1) The estimated levels and types of recreational uses at the reservoir on a monthly basis. (2) A summary of available monitoring in Sly Park Reservoir watershed for giardia and cryptosporidium. (3) The sanitary survey of the watershed and water quality monitoring plan. (4) An evaluation, as prescribed by the department, to determine the impact on source water quality due to recreational activities on Sly Park Reservoir, including any microbiological monitoring. (5) The reservoir management plan and the operations plan. (6) The annual water reports submitted to the consumers each year. (d) The department shall prescribe the degree of treatment including, but not limited to, treatment processes necessary to abate any increased hazards resulting from body contact recreation based on information provided in the report filed pursuant to subdivision (c). (Amended by Stats. 2005, Ch. 252, Sec. 1. Effective September 22, 2005.)
  7. 115843.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    In Canyon Lake Reservoir, recreation with bodily contact with the water is not allowed unless the water is fully treated before domestic use and the reservoir is operated in compliance with department regulations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115843.5. (a) In the Canyon Lake Reservoir, recreational uses shall not include recreation in which any participant has bodily contact with the water, unless both of the following conditions are satisfied: (1) The water subsequently receives complete water treatment, in compliance with all applicable department regulations, including coagulation, flocculation, sedimentation, filtration, and disinfection, before being used for domestic purposes. The disinfection shall include, but is not limited to, an advanced technology capable of inactivating organisms, including, but not limited to, viruses, cryptosporidium, and giardia, to levels that comply with department regulations. The treatment shall include, but need not be limited to, ozonation or ultra violet disinfection. The treatment shall, at a minimum, comply with all state laws and department regulations and all federal laws and regulations, including, but not limited to, the federal Environmental Protection Agency Long-Term 2 Enhanced Surface Water Treatment regulations. Nothing in this division shall limit the state or the department from imposing more stringent treatment standards than those required by federal law. (2) The reservoir is operated in compliance with regulations of the department. (b) The recreational use may be subject to additional conditions and restrictions adopted by the entity operating the water supply reservoir or required by the department, if those conditions and restrictions do not conflict with regulations of the department, and are required to further protect or enhance the public health and safety. (c) The Elsinore Valley Municipal Water District shall, by January 1, 2007, file a report with the Legislature on the recreational uses at Canyon Lake Reservoir and the water treatment program. The report shall include, but not necessarily be limited to, all of the following information: (1) Participation in watershedwide activities to improve water quality in the Canyon Lake Reservoir. (2) Annual results of volatile organic compounds, general minerals, and nutrients testing results provided to the department. (3) A summary of available monitoring in the Canyon Lake Reservoir provided to the department for giardia and cryptosporidium. (4) The most current sanitary survey of the watershed and water quality monitoring plan. (5) A summary of monthly reports provided to the department on intake water bacteria and water quality. (6) A summary of monthly reports provided to the department on water usage in Canyon Lake Reservoir. (7) An evaluation of the impact on source water quality due to recreational activities on the Canyon Lake Reservoir, including any microbiological monitoring, and a summary of monthly reports provided to the department on treatment plant performance. (8) A summary of activities between Elsinore Valley Municipal Water District and the Canyon Lake Property Owners Association for operation of recreational uses and facilities in a manner that optimizes the water quality. (9) The reservoir management plan and the operations plan. (10) The annual water quality reports submitted to consumers each year. (d) If there is a change in operation of the treatment facility or a change in the quantity of water to be treated at the treatment facility, the department may require the Elsinore Valley Municipal Water District to file a report that includes, but is not limited to, the information required pursuant to subdivision (c), and the district shall demonstrate to the satisfaction of the department that water quality will not be adversely affected. (Amended by Stats. 2007, Ch. 253, Sec. 2. Effective September 26, 2007.)
  8. 115843.6.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Bear Lake Reservoir recreation with bodily water contact is generally prohibited unless specified treatment, monitoring, and operating conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115843.6. (a) In the Bear Lake Reservoir, recreational uses shall not include recreation in which any participant has bodily contact with the water, unless all of the following conditions are satisfied: (1) The water subsequently receives complete water treatment, in compliance with all applicable board regulations, including oxidation, filtration, and disinfection, before being used for domestic purposes. The disinfection shall include, but is not limited to, the use of an advanced technology capable of inactivating organisms, including, but not limited to, viruses, cryptosporidium, and giardia, to levels that comply with board regulations. The treatment shall include, but need not be limited to, filtration with a micro or ultrafiltration system rated to 0.1 micron or less. The treatment shall, at a minimum, comply with all state laws and board regulations and all federal laws and regulations, including, but not limited to, the federal Environmental Protection Agency Long Term 2 Enhanced Surface Water Treatment Rule. Nothing in this division shall limit the state or the board in imposing more stringent treatment standards than those required by federal law. (2) The Lake Alpine Water Company conducts a monitoring program for cryptosporidium, giardia, and total coliform bacteria, including E. coli and fecal coliform, at the reservoir intake and at posttreatment at a frequency determined by the board. (3) The reservoir is operated in compliance with regulations of the board. (b) The recreational use of Bear Lake Reservoir shall be subject to additional conditions and restrictions adopted by the entity operating the water supply reservoir, or required by the board, that are required to further protect or enhance the public health and safety and do not conflict with regulations of the board. (c) The Lake Alpine Water Company shall file, on or before December 31, 2017, and biennially thereafter, with the Legislature in accordance with Section 9795 of the Government Code and the board, a report on the recreational uses at Bear Lake Reservoir and the water treatment program for that reservoir. That report shall include, but is not limited to, all of the following information: (1) The estimated levels and types of recreational uses at the reservoir on a monthly basis. (2) A summary of monitoring in the Bear Lake Reservoir watershed for cryptosporidium, giardia, and total coliform bacteria, including E. coli and fecal coliform. (3) The most current sanitary survey of the watershed and water quality monitoring. (4) As deemed necessary by the board, an evaluation of recommendations relating to inactivation and removal of cryptosporidium and giardia. (5) Annual reports provided to the board as required by the water permit issued by the board. (6) An evaluation of the impact on source water quality due to recreational activities on Bear Lake Reservoir, including any microbiological monitoring. (7) A summary of activities for operation of recreational uses and facilities in a manner that optimizes the water quality. (8) The reservoir management plan and the operations plan. (9) The annual water reports submitted to the consumers each year. (d) If there is a change in operation of the treatment facility or a change in the quantity of water to be treated at the treatment facility, the board may require the entity operating the water supply reservoir to file a report that includes, but is not limited to, the information required in subdivision (c), and the entity shall demonstrate to the satisfaction of the board that water quality will not be adversely affected. (e) (1) The board shall, at the end of each recreational season, annually review monitoring and reporting data from the Bear Lake Reservoir to ensure full compliance with this section. (2) If at any time the board finds a failure to comply with this section, the exemption granted pursuant to this section shall cease immediately, and a permit issued to the Lake Alpine Water Company pursuant to Chapter 4 (commencing with Section 116270) of Part 12 may be subject to suspension, amendment, or revocation pursuant to that chapter. A failure to comply with this section shall be deemed a violation of Chapter 4 (commencing with Section 116270) of Part 12 and shall be subject to any applicable fines, penalties, or other enforcement action provided under that chapter. (f) As used in this section, “board” means the State Water Resources Control Board. (Amended by Stats. 2021, Ch. 54, Sec. 1. (AB 440) Effective January 1, 2022.)
  9. 115845.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A public agency operating a water supply reservoir open for recreational use may charge a use fee.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115845. The public agency operating any water supply reservoir that is open for recreational use pursuant to this article may charge a use fee to cover the cost of policing the area around the reservoir, including the cost of providing the necessary sanitary facilities and other costs incidental to the recreational use of the reservoir. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  10. 11585.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

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    If sale proceeds do not fully cover costs, fees, and allowances, the building and place must also be sold under court-ordered execution.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11585. If the proceeds of the sale of the movable property do not fully discharge all of the costs, fees, and allowances, the building and place shall then also be sold under execution issued upon the order of the court or judge and the proceeds of the sale shall be applied in like manner. (Added by Stats. 1972, Ch. 1407.)
  11. 115850.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This article does not apply to terminal reservoirs used to supply domestic water.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Recreational Use of Reservoirs [115825 - 115850] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115850. This article does not apply to terminal reservoirs for the supply of domestic water. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  12. 11586.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    A court or judge may return a building or place to its owner and cancel the abatement order if the owner meets the stated conditions.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11586. (a) If the owner of the building or place has not been guilty of any contempt of court in the proceedings, and appears and pays all costs, fees, and allowances that are a lien on the building or place and files a bond in the full value of the property conditioned that the owner will immediately abate any nuisance that may exist at the building or place and prevent it from being established or kept thereat within a period of one year thereafter, the court, or judge may, if satisfied of the owner’s good faith, order the building or place to be delivered to the owner, and the order of abatement canceled so far as it may relate to the property. (b) The release of property under the provisions of this division does not release it from any judgment, lien, penalty, or liability to which it may be subject. (Amended by Stats. 1982, Ch. 517, Sec. 276.)
  13. 11587.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    If a building or place owner is fined for contempt under this division, the fine becomes a lien on the building or place to the extent of that owner’s interest, and the lien can be enforced by court-ordered execution.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Abatement [11570 - 11587] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11587. Whenever the owner of a building or place upon which the act or acts constituting the contempt have been committed, or the owner of any interest therein, has been guilty of a contempt of court, and fined in any proceedings under this division, the fine is a lien upon the building or place to the extent of his interest in it. The lien is enforceable and collectible by execution issued by order of the court. (Added by Stats. 1972, Ch. 1407.)
  14. 115875.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Public Beaches [115875 - 115915] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “public beach,” “Board,” “Department,” and “health officer” for the article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Public Beaches [115875 - 115915] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115875. For the purposes of this article, the following terms have the following meanings: (a) “Public beach” means any beach area used by the public for recreational purposes that is owned, operated, or controlled by the state, any state agency, any local agency, or any private person in this state, and is located in the coastal zone, as defined in Section 30103 of the Public Resources Code, or within the jurisdiction of the San Francisco Bay Conservation and Development Commission, as set forth in Section 66610 of the Government Code. (b) “Board” means the State Water Resources Control Board. (c) “Department” means the State Department of Public Health. (d) “Health officer” means the legally appointed local health officer or director of environmental health of the county or city having jurisdiction of the area in which a public saltwater beach is located. (Amended by Stats. 2011, Ch. 592, Sec. 1. (SB 482) Effective January 1, 2012.)
  15. 115880.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Public Beaches [115875 - 115915] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must set beach sanitation standards and require water testing, while local health officers must test and coordinate testing for beaches in their area.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Public Beaches [115875 - 115915] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115880. (a) The department shall, by regulation and in consultation with the board, local health officers, and the public, establish, maintain, and amend as necessary, minimum standards for the sanitation of public beaches, including, but not limited to, the removal of refuse, as it determines are reasonably necessary for the protection of the public health and safety. (b) Prior to final adoption or amendment by the department, the regulations and standards required by this section shall undergo an external comprehensive review process similar to the process set forth in Section 57004. (c) The regulations shall, at a minimum, do all of the following: (1) Require the testing of the waters adjacent to all public beaches for microbiological contaminants, including, but not limited to, total coliform, fecal coliform, and enterococci bacteria. The department may require the testing of waters adjacent to all public beaches for microbiological indicators other than those set forth in this paragraph, or a subset of those set forth in this paragraph, if the department affirmatively establishes, based on the best available scientific studies and the weight of the evidence, that the alternative indicators are as protective of the public health. (2) Establish protective minimum standards for total coliform, fecal coliform, and enterococci bacteria, or for other microbiological indicators that the department determines are appropriate for testing pursuant to paragraph (1). (3) Require that the waters adjacent to public beaches are tested for total coliform, fecal coliform, and enterococci bacteria, or for other microbiological indicators that the department determines are appropriate for testing pursuant to paragraph (1). Except as set forth in subdivision (e), testing shall be conducted on at least a weekly basis from April 1 to October 31, inclusive, of each year beginning in 2012, if both of the following apply: (A) The beach is visited by more than 50,000 people annually. (B) The beach is located on an area adjacent to a storm drain that flows in the summer. (d) Notwithstanding subdivision (a), if a local health officer demonstrates or has demonstrated through side-by-side testing over a beach season that the use of United States Environmental Protection Agency method 1609 or 1611, or any equivalent or improved rapid detection method published by the United States Environmental Protection Agency for use in beach water quality assessment or approved as an alternative test procedure pursuant to Part 136 of Title 40 of the Code of Federal Regulations, to determine the level of enterococci bacteria as a single indicator provides a reliable indication of overall microbiological contamination conditions at one or more beach locations within that health officer’s jurisdiction, the department may authorize the use of that testing method at those beach locations instead of other testing methods. In making that determination, the department shall take into account whether an alternative indicator or subset of indicators, with the associated test method, can provide results more quickly, thereby reducing the period of time the public is at risk while waiting for contamination to be confirmed. (e) The monitoring frequency and locations established pursuant to this section and related regulations may be reduced or altered only after the testing required pursuant to paragraph (3) of subdivision (c) reveals levels of microbiological contaminants that do not exceed, for a period of two years, the minimum protective standards established pursuant to this section. (f) The local health officer is responsible for testing the waters adjacent to, and coordinating the testing of, all public beaches within their jurisdiction. (g) (1) The local health officer may meet the testing requirements of this section by utilizing test results from other parties conducting microbiological contamination testing of the waters under their jurisdiction. (2) Test results used by the local health officer shall be made available to the public. (3) A local health officer may only rely on data from test results from other parties if that data meets the same quality requirements that apply to local agencies pursuant to regulations and standards established pursuant to this section and Section 115881. (h) This section does not require a wastewater treatment agency or other party conducting microbiological contamination testing of the waters under the local health officer’s jurisdiction, who provides those test results to a local health officer pursuant to this section, to use United States Environmental Protection Agency method 1609 or 1611, or any equivalent or improved rapid detection method published by the United States Environmental Protection Agency for use in beach water quality assessment or approved as an alternative test procedure pursuant to Part 136 of Title 40 of the Code of Federal Regulations, for total maximum daily load implementation, waste discharge requirements, or other monitoring programs required to be implemented pursuant to Division 7 (commencing with Section 13000) of the Water Code. (i) Any city or county may adopt standards for the sanitation of public beaches within its jurisdiction that are stricter than the standards adopted by the department pursuant to this section. (Amended by Stats. 2024, Ch. 411, Sec. 1. (AB 2599) Effective January 1, 2025.)
  16. 115881.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Public Beaches [115875 - 115915] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The board must direct and oversee the monitoring required by Section 115880, work with the department and local health officers on monitoring setup, identify funding options, and file an annual funding statement within 15 days after the Budget Act is enacted.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Public Beaches [115875 - 115915] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115881. (a) Commencing January 1, 2012, the board shall be responsible for all of the following: (1) Directing the monitoring required to be conducted by Section 115880. (2) Establishing and reviewing monitoring protocols, site locations, and monitoring frequencies consistent with Section 115880. (3) Identifying options for funding the monitoring needed to fulfill the requirements of Section 115880, including options for integrating and streamlining existing monitoring programs or requirements associated with waste discharge requirements, total maximum daily load implementation, or other monitoring programs. If a regional board or state board issues waste discharge requirements that require monitoring to meet the requirements set forth in paragraph (1) of subdivision (c) of Section 115880, the monitoring shall only be required to the extent that the discharge has the potential to cause or contribute to exceedances of the standards established pursuant to paragraph (2) of subdivision (c) of Section 115880. Nothing in this section shall preclude any discharger from voluntarily participating in monitoring necessary to meet the requirements of Section 115880. (b) The establishment and review of monitoring protocols, site locations, and monitoring frequencies by the board pursuant to this section shall be done in consultation with the department and local health officers, but shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) Until June 30, 2016, not more than one million eight hundred thousand dollars ($1,800,000) of the funds collected annually pursuant to Section 13260 of the Water Code may be used, upon appropriation by the Legislature, as a funding source for the implementation of this article. (d) Any duty imposed upon a local public officer or agency pursuant to this section and Section 115880 shall be mandatory only during a fiscal year in which the Legislature has appropriated sufficient funds, as determined by the board, in the annual Budget Act or otherwise for local agencies to cover the costs to those agencies associated with the performance of these duties. The board shall annually, within 15 days after enactment of the Budget Act, file a written statement with the Secretary of the Senate and with the Chief Clerk of the Assembly memorializing whether sufficient funds have been appropriated. (Added by Stats. 2011, Ch. 592, Sec. 3. (SB 482) Effective January 1, 2012.)
  17. 115885.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Public Beaches [115875 - 115915] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section requires local health officers to inspect and respond to public beach safety problems, and lets them restrict or close beaches when standards are violated.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Public Beaches [115875 - 115915] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115885. (a) (1) A health officer having jurisdiction over an area in which a public beach is created shall do all of the following: (A) Inspect the public beach to determine whether the public beach is in compliance with the standards established pursuant to Section 115880. If the health officer finds a violation of the standards, the health officer may restrict the use of, or close, the public beach or portion of the public beach in which the violation occurs until the public beach is in compliance with the standards. (B) Investigate a complaint of a violation of a standard established by the department pursuant to Section 115880. If the health officer finds a violation of the standards prescribed by the department, the health officer may restrict the use of, or close, the public beach or portion of the public beach until the public beach is in compliance with the standard. If the person who made the complaint is not satisfied with the action taken by the health officer, the person may report the violation to the department. The department shall investigate the reported violation, and, if it finds that the violation exists, it may restrict the use of or close the public beach or portion of the public beach until the public beach is in compliance with the violated standard. (C) If a beach is posted, closed, or otherwise restricted in accordance with Section 115915, inform the agency responsible for the operation and maintenance of the public beach within 24 hours of the posting, closure, or restriction. (D) Establish a telephone hotline to inform the public of all beaches currently closed, posted, or otherwise restricted. The hotline shall be updated as needed in order to convey changes in public health risks. (E) Report a violation of the standards established pursuant to Section 115880 to the district attorney, or if the violation occurred in a city and, pursuant to Section 41803.5 of the Government Code, the city attorney is authorized to prosecute misdemeanors, to the city attorney. (F) In the event of a known untreated sewage release, immediately test the waters adjacent to the public beach and to take action pursuant to regulations established under Sections 115880 and 115881. (G) Notwithstanding any other law, in the event of an untreated sewage release that is known to have reached recreational waters adjacent to a public beach, immediately close those waters until it has been determined by the local health officer that the waters are in compliance with the standards established pursuant to Section 115880. (2) (A) The health officer may meet the requirements of subparagraphs (F) and (G) of paragraph (1) by using test results from other parties that have conducted microbiological contamination testing of the waters under the health officer’s jurisdiction. The sharing of data between these parties pursuant to this paragraph shall be voluntary. The development of data-sharing protocols shall be at the discretion of these parties. (B) Test results used by the local health officer shall be made available to the public. (C) A local health officer may only rely on data from test results from other parties if that data meets the same quality requirements that apply to local agencies pursuant to regulations and standards established pursuant to Sections 115880 and 115881. (b) If the department is aware of an untreated sewage release that has reached recreational waters adjacent to a public beach, and that the local health officer has not taken action to close the beach, it may take action to close those waters until the waters are in compliance. (c) Any duty imposed upon a local public officer or agency pursuant to this section shall be mandatory only during a fiscal year in which the Legislature has appropriated sufficient funds, as determined by the State Public Health Officer, in the annual Budget Act or otherwise for local agencies to cover the costs to those agencies associated with the performance of these duties. The State Public Health Officer shall annually, within 15 days after enactment of the Budget Act, file a written statement with the Secretary of the Senate and with the Chief Clerk of the Assembly memorializing whether sufficient funds have been appropriated. (Amended by Stats. 2024, Ch. 411, Sec. 2. (AB 2599) Effective January 1, 2025.)
  18. 115890.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Public Beaches [115875 - 115915] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Before a health officer or the department restricts or closes a public beach, they must give reasonable notice of the alleged violation to the beach’s owner or the person or agency in charge.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Public Beaches [115875 - 115915] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115890. Prior to restricting the use of or closing a public beach or portion thereof alleged to be in violation of standards, the health officer or the department as the case may be, shall give reasonable notice of the violation to the owner of, or person or agency in charge of, the beach. (Amended by Stats. 2011, Ch. 592, Sec. 5. (SB 482) Effective January 1, 2012.)
  19. 115895.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Public Beaches [115875 - 115915] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A private person who violates a department regulation made under Section 115880 commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Public Beaches [115875 - 115915] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115895. Any private person who violates any regulation adopted by the department pursuant to Section 115880 is guilty of a misdemeanor. (Amended by Stats. 2011, Ch. 592, Sec. 6. (SB 482) Effective January 1, 2012.)
  20. 11591.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Registration of Controlled Substance Offenders [11591 - 11594] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    If a known school employee is arrested for certain controlled substance offenses, the arresting officer must promptly notify the relevant school authorities, with different notice recipients depending on whether the employee is a public school teacher, a public school nonteacher, or a private school teacher.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Registration of Controlled Substance Offenders [11591 - 11594] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11591. Every sheriff, chief of police, or the Commissioner of the California Highway Patrol, upon the arrest for any of the controlled substance offenses described in Section 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353.7, 11354, 11355, 11358, 11359, 11360, 11361, 11363, 11366, 11366.5, 11366.6, 11368, 11370.1, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11383, or 11550, or subdivision (a) of Section 11377, or Section 11364, insofar as that section relates to paragraph (12) of subdivision (d) of Section 11054, of any school employee, shall, provided that the sheriff, chief of police, or Commissioner of the California Highway Patrol knows that the arrestee is a school employee, do one of the following: (a) If the school employee is a teacher in any of the public schools of this state, the sheriff, chief of police, or Commissioner of the California Highway Patrol shall immediately notify by telephone the superintendent of schools of the school district employing the teacher and shall immediately give written notice of the arrest to the Commission on Teacher Credentialing and to the superintendent of schools in the county where the person is employed. Upon receipt of the notice, the county superintendent of schools and the Commission on Teacher Credentialing shall immediately notify the governing board of the school district employing the person. (b) If the school employee is a nonteacher in any of the public schools of this state, the sheriff, chief of police, or Commissioner of the California Highway Patrol shall immediately notify by telephone the superintendent of schools of the school district employing the nonteacher and shall immediately give written notice of the arrest to the governing board of the school district employing the person. (c) If the school employee is a teacher in any private school of this state, the sheriff, chief of police, or Commissioner of the California Highway Patrol shall immediately notify by telephone the private school authority employing the teacher and shall immediately give written notice of the arrest to the private school authority employing the teacher. (d) If a person described in subdivision (a) was arrested for an offense defined in Section 11378, 11379, or 11380, this section shall only apply to offenses involving controlled substances specified in paragraph (12) of subdivision (d) of Section 11054 and paragraph (2) of subdivision (d) of Section 11055, and to analogs of these substances, as defined in Section 11401. If a person described in subdivision (a) was arrested for an offense defined in Section 11379 or 11379.5, this section does not apply if the arrest was for transporting, offering to transport, or attempting to transport a controlled substance. This section does not apply to a person who was arrested for a misdemeanor under Section 11360. (Amended by Stats. 2019, Ch. 580, Sec. 3. (AB 1261) Effective January 1, 2020.)
  21. 11591.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Registration of Controlled Substance Offenders [11591 - 11594] ( Article 4 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    Police and sheriffs must immediately notify school officials when certain community college teachers or instructors are arrested for covered controlled substance offenses.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Registration of Controlled Substance Offenders [11591 - 11594] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11591.5. (a) Every sheriff or chief of police, upon the arrest for any of the controlled substance offenses described in Section 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353.7, 11354, 11355, 11358, 11359, 11360, 11361, 11363, 11366, 11366.5, 11366.6, 11368, 11370.1, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11383, or 11550, or subdivision (a) of Section 11377, or Section 11364, insofar as that section relates to paragraph (9) of subdivision (d) of Section 11054, of any teacher or instructor employed in any community college district shall immediately notify by telephone the superintendent of the community college district employing the teacher or instructor and shall immediately give written notice of the arrest to the Office of the Chancellor of the California Community Colleges. Upon receipt of that notice, the district superintendent shall immediately notify the governing board of the community college district employing the person. (b) If a person described in subdivision (a) was arrested for an offense defined in Section 11378, 11379, or 11380, this section shall only apply to offenses involving controlled substances specified in paragraph (12) of subdivision (d) of Section 11054 and paragraph (2) of subdivision (d) of Section 11055, and to analogs of these substances, as defined in Section 11401. If a person described in subdivision (a) was arrested for an offense defined in Section 11379 or 11379.5, this section does not apply if the arrest was for transporting, offering to transport, or attempting to transport a controlled substance. This section does not apply to a person who was arrested for a misdemeanor under Section 11360. (Amended by Stats. 2019, Ch. 580, Sec. 4. (AB 1261) Effective January 1, 2020.)
  22. 115910.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Public Beaches [115875 - 115915] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Health officers must send the board a monthly survey about beach postings and closures, and the board must publish and update the information.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Public Beaches [115875 - 115915] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115910. (a) On or before the 15th day of each month, each health officer shall submit to the board a survey documenting all beach postings and closures resulting from implementation of Section 115915 that occurred during the preceding month. The survey shall, at a minimum, include the following information: (1) Identification of the beaches in each county subject to testing conducted pursuant to Section 115885 and the amount and types of monitoring conducted at each beach. (2) Identification of the geographic location, areal extent, and type of action taken for each incident of posting or closure conducted pursuant to Section 115915. Geographic location and areal extent shall be noted in sufficient detail to determine on a common map, or by latitude and longitude, the approximate boundaries of the affected beaches. (3) Identification of the standards exceeded and the causes and sources of the pollution, if known. Exceeded standards shall be identified with sufficient particularity to determine which types of tests and biological indicators were used to determine that an exceeded standard exists. Causes of pollution shall be identified with sufficient particularity to determine what substances, in addition to any water carrying the substances, were responsible for the exceeded standard. Sources shall be identified with sufficient particularity to determine the most specific geographical origin of the pollution sources available to the health officer at the time of the posting or closure. (b) Surveys conducted pursuant to subdivision (a) shall be in a specific format established by the board on or before February 1, 2001. The board shall make the format easily accessible to the health officer through means that will enable the health officer to most effectively carry out the requirements of this section and enable the board to develop consistent, statewide data concerning the effect and status of beach postings and closures in a particular calendar year. (c) On or before the 30th day of each month, the board shall make available to the public the information provided by the health officers. Based upon the data provided pursuant to subdivision (a), the report shall, at a minimum, include the location and duration of each beach closure and the suspected sources of the contamination that caused the closure, if known. (d) The board shall continuously post and update on its Web site, but at a minimum, annually on or before July 30, information documenting the beach posting and closure data provided to the board by the health officers including the location and duration of each beach closure and the suspected sources of the contamination that caused the closure, if known. (Amended by Stats. 2004, Ch. 644, Sec. 26. Effective January 1, 2005.)
  23. 115915.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Public Beaches [115875 - 115915] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    If a public beach fails bacteriological standards, the health officer must post conspicuous warning signs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Public Beaches [115875 - 115915] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115915. (a) Whenever any public beach fails to meet the bacteriological standards established pursuant to subdivision (b) of Section 115880, the health officer shall, at a minimum, post the public beach with conspicuous warning signs to inform the public of the nature of the problem and the possibility of risk to public health. (b) A warning sign shall be visible from each legal primary public beach access point, as identified in the coastal access inventory prepared and updated pursuant to Section 30531 of the Public Resources Code, and any additional access points identified by the health officer. (c) Any duty imposed upon a local public officer or agency pursuant to this section shall be mandatory only during a fiscal year in which the Legislature has appropriated sufficient funds, as determined by the State Public Health Officer, in the annual Budget Act or otherwise for local agencies to cover the costs to those agencies associated with the performance of these duties. The State Public Health Officer shall annually, within 15 days after enactment of the Budget Act, file a written statement with the Secretary of the Senate and with the Chief Clerk of the Assembly memorializing whether sufficient funds have been appropriated. (Amended by Stats. 2011, Ch. 592, Sec. 9. (SB 482) Effective January 1, 2012.)
  24. 115917.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.1. Priority Inland Water-Contact Recreation Sites [115917- 115917.] ( Article 2.1 added by Stats. 2021, Ch. 711, Sec. 1. )

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    The council must set up a working group to study water recreation hazards, then receive a report and propose a definition and monitoring program for priority water-contact recreation sites.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.1. Priority Inland Water-Contact Recreation Sites [115917- 115917.] ( Article 2.1 added by Stats. 2021, Ch. 711, Sec. 1. ) ## 115917. (a) (1) On or before July 1, 2022, the council shall direct a new or existing working group to study water recreation hazards at priority water-contact recreation sites. (2) The working group shall be cochaired by representatives from the state board and the department. (3) The working group shall include representation from other state agencies as deemed appropriate by the council. (b) On or before July 1, 2023, the working group shall submit a report to the council that the council shall post on its internet website that shall include all of the following: (1) A summary of existing, readily available data that identifies water-contact recreation sites. (2) A summary of existing, readily available data for specific water-contact recreation sites that indicates the timing and types of uses that involve limited body or full body contact with the water and any demographic information about the users. (3) Potential criteria for identifying priority water-contact recreation sites, with an emphasis on establishing equity-based criteria, including, but not limited to, the use by one or more overburdened communities. (4) A discussion of potential water quality hazards at priority water-contact recreation sites. (5) General recommendations for reducing water quality risks at priority water-contact recreation sites. The recommendations may include, but are not limited to, any of the following: (A) A risk-based water quality monitoring program. (B) A public water quality safety education campaign. (C) Posting and notification of water quality hazards at identified water bodies. (D) Standards or criteria needed to better protect the public from water quality hazards. (c) On or before December 31, 2023, the council, in consultation with the department, local health officers, and the public, shall propose to the state board for consideration, based on the working group report described in subdivision (b), both of the following: (1) A definition of a priority water-contact recreation site. (2) Recommendations and requirements for the establishment of a priority water-contact recreation site monitoring program that shall include, but is not limited to, all of the following components: (A) The number of monitoring samples necessary per priority water-contact recreation site. (B) The frequency of monitoring. (C) The annual or seasonal duration of monitoring. (D) The microbiological standards, methods, and data sharing protocols to be used to support an effective monitoring program. (d) In developing a proposed definition of a priority water-contact recreation site, the council shall consider various characteristics of a water body including, but not limited to, whether the water body is all of the following: (1) A fresh or estuarine surface water, including water bodies with seasonal or tidal fluctuations. (2) Used for organized recreational events with water contact. (3) Used for commercial purposes with water contact. (4) Accessed through a required fee area and used for water contact. (5) Used by a high number of persons for water contact recreation. (6) Designated by the state board or a regional board for water contact recreation (REC-1) beneficial use. (7) Used by overburdened communities. (8) Identified as having the potential for significant water quality hazards. (e) For purposes of this section, the following definitions apply: (1) “Council” means the California Water Quality Monitoring Council established pursuant to Section 13181 of the Water Code. (2) “Department” means the State Department of Public Health. (3) “Inland water” means all fresh and estuarine surface waters of the state. (4) “Overburdened community” means a minority, low-income, tribal, or indigenous population or geographic location that potentially experiences disproportionate environmental harms and risks. The disproportionality can be as a result of greater vulnerability to environmental hazards, lack of opportunity for public participation, or other factors. Increased vulnerability may be attributable to an accumulation of negative or lack of positive environmental, health, economic, or social conditions within these populations or places. “Overburdened community” includes situations where multiple factors, including both environmental and socioeconomic stressors, may act cumulatively to affect health and the environment and contribute to persistent environmental health disparities. (5) “Regional board” means a California regional water quality control board. (6) “State board” means the State Water Resources Control Board. (7) “Water-contact recreation site” means any inland water that is used, or is suitable for being used, recreationally in a manner that involves limited body or full body contact with the water. (Amended by Stats. 2022, Ch. 28, Sec. 104. (SB 1380) Effective January 1, 2023.)
  25. 115920.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. )

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    This section says the act is called the Swimming Pool Safety Act and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. ) ## 115920. This act shall be known and may be cited as the Swimming Pool Safety Act. (Added by Stats. 1996, Ch. 925, Sec. 3.5. Effective January 1, 1997.)
  26. 115921.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. )

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    This section defines several terms used in the Swimming Pool Safety Act article, including “swimming pool,” “public swimming pool,” “enclosure,” “ANSI/APSP performance standard,” and “suction outlet.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. ) ## 115921. As used in this article, the following terms have the following meanings: (a) “Swimming pool” or “pool” means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. “Swimming pool” includes in-ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools. (b) “Public swimming pool” means a swimming pool operated for the use of the general public with or without charge, or for the use of the members and guests of a private club. Public swimming pool does not include a swimming pool located on the grounds of a private single-family home. (c) “Enclosure” means a fence, wall, or other barrier that isolates a swimming pool from access to the home. (d) “ANSI/APSP performance standard” means a standard that is accredited by the American National Standards Institute (ANSI) and published by the Association of Pool and Spa Professionals (APSP). (e) “Suction outlet” means a fitting or fixture typically located at the bottom or on the sides of a swimming pool that conducts water to a recirculating pump. (Amended by Stats. 2024, Ch. 769, Sec. 3. (SB 552) Effective January 1, 2025.)
  27. 115922.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. )

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    For qualifying pool or spa construction or remodeling at a private single-family home, the pool or spa must have at least two listed drowning-prevention safety features, and the local building code official must inspect the features before final approval.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. ) ## 115922. (a) Except as provided in Section 115925, subject to subdivision (b), and consistent with Section 1596.814, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features: (1) An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home. (2) Removable mesh fencing that meets the ASTM International F2286 standard in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device. (3) A manually operated or power-operated safety pool cover that is accompanied by a label verifying that the cover meets the specifications of the ASTM International F1346-23 standard. (4) Exit alarms on the private single-family home’s doors and windows that provide direct access to the swimming pool or spa without any intervening enclosure. Whenever any door or window is opened or left ajar, exit alarms shall make either an audible, continuous alarm sound or a repeating verbal warning, such as a notification that “the door to the pool is open.” An exit alarm may be battery operated or connected to the electrical wiring of the building. (5) A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family home’s doors providing direct access to the swimming pool or spa. (6) An alarm in good repair and operable as designed that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM International F2208 standard that includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature. (7) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by ASTM International, the American Society of Mechanical Engineers, or another nationally recognized standards development organization, and the feature is accompanied by a label verifying that the protection meets those standards. (b) The requirements of subdivision (a) are not satisfied by any of the following: (1) An exit alarm and a self-closing, self-latching device on the same door. (2) An exit alarm and a door latch on separate doors. (3) A safety pool cover and an alarm described in paragraph (6) of subdivision (a). (c) Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval. (Amended by Stats. 2024, Ch. 769, Sec. 4.5. (SB 552) Effective January 1, 2025.)
  28. 115923.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. )

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    Pool enclosures must meet specific safety design requirements, including gate direction, self-closing/self-latching hardware, height, clearance, gap size, and climb-resistant surfaces.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. ) ## 115923. An enclosure shall have all of the following characteristics: (a) Any access gates through the enclosure open away from the swimming pool, and are self-closing with a self-latching device placed no lower than 60 inches above the ground. (b) A minimum height of 60 inches. (c) A maximum vertical clearance from the ground to the bottom of the enclosure of two inches. (d) Gaps or voids, if any, do not allow passage of a sphere equal to or greater than four inches in diameter. (e) An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over. (Added by Stats. 1996, Ch. 925, Sec. 3.5. Effective January 1, 1997.)
  29. 115924.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. )

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    People who agree to build or work on a swimming pool or spa must give the consumer notice of this article’s requirements. The Department of Health Services must also make approved pool safety information available on its website starting January 1, 2007.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. ) ## 115924. (a) Any person entering into an agreement to build a swimming pool or spa, or to engage in permitted work on a pool or spa covered by this article, shall give the consumer notice of the requirements of this article. (b) Pursuant to existing law, the Department of Health Services shall have available on the department’s Web site, commencing January 1, 2007, approved pool safety information available for consumers to download. Pool contractors are encouraged to share this information with consumers regarding the potential dangers a pool or spa poses to toddlers. Additionally, pool contractors may provide the consumer with swimming pool safety materials produced from organizations such as the United States Consumer Product Safety Commission, Drowning Prevention Foundation, California Coalition for Children’s Safety & Health, Safe Kids Worldwide, Association of Pool and Spa Professionals, or the American Academy of Pediatrics. (Amended by Stats. 2006, Ch. 478, Sec. 3. Effective January 1, 2007.)
  30. 115925.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. )

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    This section says the article’s requirements do not apply to public swimming pools, certain hot tubs or spas with ASTM F1346 locking safety covers, or apartment complexes and other residential settings except single-family homes.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. ) ## 115925. The requirements of this article do not apply to any of the following: (a) Public swimming pools. (b) Hot tubs or spas with locking safety covers that comply with the ASTM International F1346 standard. (c) An apartment complex, or any residential setting other than a single-family home. (Amended by Stats. 2024, Ch. 769, Sec. 5. (SB 552) Effective January 1, 2025.)
  31. 115926.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. )

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    The State Department of Social Services must set drowning-prevention safety standards for swimming pools and other bodies of water at facilities it regulates, and it may issue higher standards and interim licensing instructions until formal regulations are adopted.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. ) ## 115926. (a) The State Department of Social Services shall prescribe drowning prevention safety standards governing all swimming pools and other bodies of water located at facilities regulated by the department, regardless of whether the swimming pool is also subject to this article. The department may adopt higher drowning prevention safety standards than the requirements of this article. The department shall adopt regulations required by this section by January 1, 2027. (b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific this article by means of interim licensing standards or similar written instructions until regulations are adopted. These interim licensing standards or similar written instructions shall have the same force and effect as regulations until January 1, 2027. (Repealed and added by Stats. 2024, Ch. 745, Sec. 4. (AB 2866) Effective January 1, 2025.)
  32. 115927.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. )

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    State regulatory agencies may not further modify or interpret this article; that authority is reserved to local jurisdictions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. ) ## 115927. Notwithstanding any other provision of law, this article shall not be subject to further modification or interpretation by any regulatory agency of the state, this authority being reserved exclusively to local jurisdictions, as provided for in paragraph (7) of subdivision (a) of Section 115922 and subdivision (c) of Section 115925. (Amended by Stats. 2018, Ch. 957, Sec. 13. (SB 1078) Effective January 1, 2019.)
  33. 115928.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. )

    Verify source ↗

    New swimming pools and spas built under a permit must meet specified safety requirements for suction outlets, circulation, and entrapment protection.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. ) ## 115928. Whenever a building permit is issued for the construction of a new swimming pool or spa, the pool or spa shall meet all of the following requirements: (a) (1) The suction outlets of the pool or spa for which the permit is issued shall be equipped to provide circulation throughout the pool or spa as prescribed in paragraphs (2) and (3). (2) The swimming pool or spa shall either have at least two circulation suction outlets per pump that shall be hydraulically balanced and symmetrically plumbed through one or more “T” fittings, and that are separated by a distance of at least three feet in any dimension between the suction outlets, or be designed to use alternatives to suction outlets, including, but not limited to, skimmers or perimeter overflow systems to conduct water to the recirculation pump. (3) The circulation system shall have the capacity to provide a complete turnover of pool water, as specified in Section 3124B of Chapter 31B of the California Building Standards Code (Title 24 of the California Code of Regulations). (b) Suction outlets shall be covered with antientrapment grates, as specified in the ANSI/APSP-16 performance standard or successor standard designated by the federal Consumer Product Safety Commission, that cannot be removed except with the use of tools. Slots or openings in the grates or similar protective devices shall be of a shape, area, and arrangement that would prevent physical entrapment and would not pose any suction hazard to bathers. (c) Any backup safety system that an owner of a new swimming pool or spa may choose to install in addition to the requirements set forth in subdivisions (a) and (b) shall meet the standards as published in the document, “Guidelines for Entrapment Hazards: Making Pools and Spas Safer,” Publication Number 363, March 2005, United States Consumer Product Safety Commission. (Amended by Stats. 2012, Ch. 679, Sec. 2. (AB 2114) Effective January 1, 2013.)
  34. 115928.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. )

    Verify source ↗

    When a permit is issued to remodel or modify an existing swimming pool, toddler pool, or spa, the permit must require the suction outlets to be upgraded with antientrapment grates meeting the cited standard.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. ) ## 115928.5. Whenever a building permit is issued for the remodel or modification of an existing swimming pool, toddler pool, or spa, the permit shall require that the suction outlet or suction outlets of the existing swimming pool, toddler pool, or spa be upgraded so as to be equipped with antientrapment grates, as specified in the ANSI/APSP-16 performance standard or a successor standard designated by the federal Consumer Product Safety Commission. (Amended by Stats. 2012, Ch. 679, Sec. 3. (AB 2114) Effective January 1, 2013.)
  35. 115929.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. )

    Verify source ↗

    The Legislature encourages a private entity to prepare a pool-safety brochure or booklet and donate it to the department. If the document is donated, the department must review, approve, and post it online, and finish review within 18 months of receipt.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.5. The Swimming Pool Safety Act [115920 - 115929] ( Article 2.5 added by Stats. 1996, Ch. 925, Sec. 3.5. ) ## 115929. (a) The Legislature encourages a private entity, in consultation with the Epidemiology and Prevention for Injury Control Branch of the department, to produce an informative brochure or booklet, for consumer use, explaining the child drowning hazards of, possible safety measures for, and appropriate drowning hazard prevention measures for, home swimming pools and spas, and to donate the document to the department. (b) The Legislature encourages the private entity to use existing documents from the United States Consumer Product Safety Commission on pool safety. (c) If a private entity produces the document described in subdivisions (a) and (b) and donates it to the department, the department shall review and approve the brochure or booklet. (d) Upon approval of the document by the department, the document shall become the property of the state and a part of the public domain. The department shall place the document on its Web site in a format that is readily available for downloading and for publication. The department shall review the document in a timely and prudent fashion and shall complete the review within 18 months of receipt of the document from a private entity. (Added by Stats. 2003, Ch. 422, Sec. 3. Effective January 1, 2004.)
  36. 11594.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Registration of Controlled Substance Offenders [11591 - 11594] ( Article 4 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    The article’s registration requirements are terminated, and the listed statements, photographs, and fingerprints are not open to public inspection except by a regularly employed peace officer or other law enforcement officer.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594] ( Chapter 10 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Registration of Controlled Substance Offenders [11591 - 11594] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11594. All registration requirements set forth in this article, as it read on January 1, 2019, are terminated. The statements, photographs, and fingerprints obtained pursuant to this section, as it read on January 1, 2019, are not open to inspection by the public or by any person other than a regularly employed peace or other law enforcement officer. (Repealed and added by Stats. 2019, Ch. 580, Sec. 8. (AB 1261) Effective January 1, 2020.)
  37. 115950.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.7. Wave Pool Safety Act [115950 - 115952] ( Article 2.7 added by Stats. 2008, Ch. 335, Sec. 2. )

    Verify source ↗

    This section says the article is called the Wave Pool Safety Act and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.7. Wave Pool Safety Act [115950 - 115952] ( Article 2.7 added by Stats. 2008, Ch. 335, Sec. 2. ) ## 115950. This article shall be known and may be cited as the Wave Pool Safety Act. (Added by Stats. 2008, Ch. 335, Sec. 2. Effective January 1, 2009.)
  38. 115951.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.7. Wave Pool Safety Act [115950 - 115952] ( Article 2.7 added by Stats. 2008, Ch. 335, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the Wave Pool Safety Act article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.7. Wave Pool Safety Act [115950 - 115952] ( Article 2.7 added by Stats. 2008, Ch. 335, Sec. 2. ) ## 115951. For purposes of this article, the following definitions shall apply: (a) “Nonswimmer” means a person who is a weak or inexperienced swimmer or a person who cannot swim. (b) “Patron” means a swimmer or nonswimmer using a wave pool. (c) “Rest period” means a period of time that the wave generating equipment for the wave pool is not producing breaking waves. (d) “Wave pool” means a swimming pool designed for the purpose of producing breaking wave action in the water and that is not primarily designed for standup surfing or bodyboarding. (Added by Stats. 2008, Ch. 335, Sec. 2. Effective January 1, 2009.)
  39. 115952.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.7. Wave Pool Safety Act [115950 - 115952] ( Article 2.7 added by Stats. 2008, Ch. 335, Sec. 2. )

    Verify source ↗

    Wave pool operators must provide approved free life vests, enforce child entry and wearing rules, use warning signals before resuming waves, maintain lifeguard coverage, and post required signs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.7. Wave Pool Safety Act [115950 - 115952] ( Article 2.7 added by Stats. 2008, Ch. 335, Sec. 2. ) ## 115952. On and after January 1, 2009, a wave pool in this state shall comply with all of the following: (a) (1) A wave pool operator shall provide a United States Coast Guard-approved Type II or Type III lifevest that is free and available for use by a nonswimmer or a child under 48 inches in height. A wave pool operator shall also provide a United States Coast Guard-approved Type II or Type III lifevest that is free and available for use to any other patron at the request of the patron. (2) Notwithstanding paragraph (1), a patron, including a nonswimmer and child, may use his or her own lifevest if that lifevest is a United States Coast Guard-approved Type II or Type III lifevest. (b) (1) Children under 48 inches in height, regardless of whether the child is accompanied by an adult, shall wear a properly fitting United States Coast Guard-approved Type II or Type III lifevest to gain access to a wave pool. (2) A child under 42 inches in height shall be accompanied by an adult in order to gain entry into the park. A wave pool operator shall deny entrance into the park of a child under 42 inches in height if that child is not accompanied by an adult. (3) Any person or child who refuses to comply with paragraph (2) of subdivision (a) or paragraph (1) of this subdivision shall be removed from the park by the wave pool operator. (c) In all cases where wave action is suspended for any reason, an audible signal shall be used prior to resuming wave action to warn patrons of impending waves. That audible signal may be of any duration, but shall sound within 15 seconds immediately prior to resuming the breaking wave action. The audible signal shall be loud enough so that it can be heard by all patrons of the wave pool, but shall not exceed 90 decibels. (d) (1) Lifeguards shall be assigned to guard a wave pool. (2) The wave pool operator shall ensure that there are a sufficient number of lifeguards on duty to recognize, respond, and provide care to swimmers in distress or passive or active drowning persons within, but no longer than, 30 seconds of the onset of their peril. (3) A lifeguard subject to this subdivision shall have an unobstructed view of, and be able to completely observe, in its entirety, his or her defined zone of protection in the wave pool. (4) A wave pool operator shall ensure that conditions in a wave pool are continually reevaluated for safety and shall adjust lifeguard staffing accordingly. (e) An emergency stop for the wave equipment shall be easily accessible to the lifeguards and other pool officials, as required by the Division of Occupational Safety and Health. (f) A wave pool operator shall ensure that the wave pool has regular periods without breaking waves being produced; to accomplish this, the wave pool operator shall ensure that continuous breaking wave cycles in a wave pool shall not exceed 15 minutes. (g) Signs with clearly legible letters and, if appropriate, symbols, indicating the requirements described in subdivisions (a) to (c), inclusive, shall appear at the ticket booth or entrance gate to the park or other facility where the wave pool is located. (Added by Stats. 2008, Ch. 335, Sec. 2. Effective January 1, 2009.)
  40. 115960.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.8. Wave Basin Standards [115960.1 - 115960.2] ( Article 2.8 added by Stats. 2022, Ch. 461, Sec. 1. )

    Verify source ↗

    This section defines “Department” and “Wave basin” for this article, and excludes wave pools from the term “Wave basin.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.8. Wave Basin Standards [115960.1 - 115960.2] ( Article 2.8 added by Stats. 2022, Ch. 461, Sec. 1. ) ## 115960.1. The following definitions apply for purposes of this article: (a) “Department” means the State Department of Public Health. (b) “Wave basin” means an artificially constructed body of water within an impervious water containment structure incorporating the use of a mechanical device principally designed to generate waves for surfing on a surfboard or analogous surfing device commonly used in the ocean and intended for sport. “Wave basin” does not include wave pools, as defined under the Wave Pool Safety Act (Article 2.7 (commencing with Section 115950)). (Added by Stats. 2022, Ch. 461, Sec. 1. (AB 2298) Effective January 1, 2023.)
  41. 115960.2.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.8. Wave Basin Standards [115960.1 - 115960.2] ( Article 2.8 added by Stats. 2022, Ch. 461, Sec. 1. )

    Verify source ↗

    Wave basins are regulated as permanent amusement rides, the department must adopt sanitation and safety regulations, and local health officers and the Division of Occupational Safety and Health have enforcement/inspection authority.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2.8. Wave Basin Standards [115960.1 - 115960.2] ( Article 2.8 added by Stats. 2022, Ch. 461, Sec. 1. ) ## 115960.2. (a) A wave basin shall be subject to regulation as a permanent amusement ride under the Permanent Amusement Ride Safety Inspection Program (Part 8.1 (commencing with Section 7920) of Division 5 of the Labor Code), and the Division of Occupational Safety and Health may inspect and otherwise oversee the operation of a wave basin to ensure compliance with those standards and requirements. This section does not limit the existing authority of the division to regulate permanent amusement rides. (b) The department, in consultation with the Division of Occupational Safety and Health, shall adopt regulations regulating sanitation and safety of wave basins. The department may consider the federal Centers for Disease Control and Prevention guidance, including, but not limited to, the guidance outlined in the Model Aquatic Health Code during the rulemaking process. The regulations adopted pursuant to this section may be modeled upon the sanitation and safety regulations for swimming pools, but shall consider the unique characteristics of a wave basin, including the volume of water, chemical dispersion caused by wave action, and the size of a typical wave basin. (c) A local health officer shall have the authority to enforce wave basin sanitation and safety regulations adopted by the department, pursuant to subdivision (b), in their jurisdiction. (d) Nothing in this article shall relieve a wave basin operator from its obligation to comply with applicable sanitation and safety requirements until the wave basin sanitation and safety regulations are adopted by the department pursuant to subdivision (b). (Added by Stats. 2022, Ch. 461, Sec. 1. (AB 2298) Effective January 1, 2023.)
  42. 115975.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “resort” for this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115975. “Resort,” as used in this article, means a resort, bathhouse, or other public place for the purpose of accommodating bathers, bordering upon or adjoining the seacoast or a lake where the public resort for the purpose of bathing in the open sea or lake. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  43. 115980.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not own or operate a resort unless the resort has at least one lifeboat.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115980. No person shall own or conduct a resort unless it is equipped with at least one lifeboat. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  44. 115985.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The boat must have oars, oarlocks, at least two life preservers, and 200 feet of rope, and it must be kept in good repair and near the resort.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115985. The boat shall be fully equipped with oars, oarlocks, and not less than two life preservers, and two hundred feet of rope. It shall be kept in good repair and near the resort. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  45. 115990.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A boat covered by this section must have the word “lifeboat” plainly printed or painted on it, and it may be used only for saving life or other emergencies.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115990. The boat shall have the word “lifeboat” plainly printed or painted upon it. It shall be used for no purpose other than for the saving of life or for other cases of emergency. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  46. 115995.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Anyone who violates this article commits a misdemeanor and may be fined, imprisoned, or both.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 115995. Every person who violates any provision of this article is guilty of a misdemeanor punishable by a fine of not less than ten nor more than four hundred dollars ($400), or by imprisonment for not less than ten days nor more than six months, or by both. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  47. 11600.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 11. Educational Programs [11600 - 11605] ( Chapter 11 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    The Attorney General, the Board of Pharmacy, and other agencies must carry out educational programs to prevent and deter misuse and abuse of controlled substances.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 11. Educational Programs [11600 - 11605] ( Chapter 11 added by Stats. 1972, Ch. 1407. ) ## 11600. The Attorney General, the Board of Pharmacy, and other agencies shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs, he may do all of the following: (a) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations. (b) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances. (c) Consult with interested groups and organizations to aid them in solving administrative and organizational problems. (d) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances. (Added by Stats. 1972, Ch. 1407.)
  48. 116000.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “resort” for this article as a public bathing or swimming place, or a resort on a river or stream.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116000. “Resort,” as used in this article, means any public bathing or swimming place or resort on a river or stream. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  49. 116005.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not maintain a resort unless they first check the water depth and identify eddies, pools, and dangerous underwater hazards in the stream or river.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116005. No person shall maintain a resort unless he or she carefully sounds the depth of water and locates the eddies and pools and determines the presence and nature of dangerous currents, sunken logs, rocks, and obstructions in the stream or river. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  50. 11601.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 11. Educational Programs [11600 - 11605] ( Chapter 11 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    The Attorney General must encourage research on misuse and abuse of controlled substances and may authorize certain information sharing about overdose trends.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 11. Educational Programs [11600 - 11605] ( Chapter 11 added by Stats. 1972, Ch. 1407. ) ## 11601. The Attorney General shall encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of this division, he or she may do all of the following: (a) Develop new or improved approaches, techniques, systems, equipment, and devices to strengthen the enforcement of this division. (b) Enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting demonstrations or special projects that bear directly on misuse and abuse of controlled substances. (c) (1) Authorize hospitals and trauma centers to share information with local law enforcement agencies, the Emergency Medical Services Authority, and local emergency medical services agencies about controlled substance overdose trends. (2) The information provided by hospitals and trauma centers pursuant to this subdivision shall include only the number of overdoses and the substances suspected as the primary cause of the overdoses. Any information shared pursuant to this subdivision shall be shared in a manner that ensures complete patient confidentiality. (Amended by Stats. 2014, Ch. 491, Sec. 3. (SB 1438) Effective January 1, 2015.)
  51. 116010.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person who maintains a resort must keep posted water-depth and current-warning signs in the water during the bathing season.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116010. No person shall maintain a resort unless signs indicating in plain letters the depth of water, the location of pools or eddies, and the presence and direction of currents of water are placed and maintained in the water during the season when bathing and swimming are permitted or invited. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  52. 116015.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not maintain a resort unless safety ropes are stretched where needed to mark eddies, pools, sunken obstructions, and other hidden dangers for bathers.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116015. No person shall maintain a resort unless safety ropes are stretched wherever necessary to show the line of eddies, pools, sunken obstructions, and other hidden dangers to bathers in the water. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  53. 11602.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 11. Educational Programs [11600 - 11605] ( Chapter 11 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    The Attorney General may enter into contracts for educational and research activities without performance bonds.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 11. Educational Programs [11600 - 11605] ( Chapter 11 added by Stats. 1972, Ch. 1407. ) ## 11602. The Attorney General may enter into contracts for educational and research activities without performance bonds. (Added by Stats. 1972, Ch. 1407.)
  54. 116020.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Anyone who violates this article commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Life Saving Devices [115975 - 116020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116020. Every person who violates any provision of this article is guilty of a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  55. 116023.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Personal Flotation Devices [116023 - 116023.5] ( Article 4 added by Stats. 2024, Ch. 307, Sec. 1. )

    Verify source ↗

    This section defines “wearable personal flotation device” for this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Personal Flotation Devices [116023 - 116023.5] ( Article 4 added by Stats. 2024, Ch. 307, Sec. 1. ) ## 116023. For purposes of this article, “wearable personal flotation device” means a lifejacket, puddle jumper, water wings, or other flotation device designed to be worn or attached to the body of an infant or child. (Added by Stats. 2024, Ch. 307, Sec. 1. (AB 2146) Effective January 1, 2025.)
  56. 116023.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Personal Flotation Devices [116023 - 116023.5] ( Article 4 added by Stats. 2024, Ch. 307, Sec. 1. )

    Verify source ↗

    Starting January 1, 2026, a person or entity may not make, sell, distribute, deliver, hold, or offer for sale in California a wearable personal flotation device unless it is approved by the U.S. Coast Guard.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Personal Flotation Devices [116023 - 116023.5] ( Article 4 added by Stats. 2024, Ch. 307, Sec. 1. ) ## 116023.5. On or after January 1, 2026, a person or entity shall not manufacture, sell, distribute, deliver, hold, or offer for sale in commerce in this state a wearable personal flotation device that is not approved by the United States Coast Guard. (Added by Stats. 2024, Ch. 307, Sec. 1. (AB 2146) Effective January 1, 2025.)
  57. 116025.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    This section defines “public swimming pool” for this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116025. “Public swimming pool,” as used in this article, means any public swimming pool, bathhouse, public swimming and bathing place and all related appurtenances. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  58. 116028.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    This section defines “lifeguard service” for public swimming pools and sets minimum qualification and supervision requirements for the lifeguards involved.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116028. Except as provided in Section 116033, “lifeguard service,” as used in this article, means the attendance at a public swimming pool, during periods of use, of one or more lifeguards who possess, as minimum qualifications, current certificates from an American Red Cross or YMCA of the U.S.A. lifeguard training program, or have equivalent qualifications, as determined by the department, and who are trained to administer first aid, including, but not limited to, cardiopulmonary resuscitation in conformance with Section 123725 and the regulations adopted thereunder, and who have no duties to perform other than to supervise the safety of participants in water-contact activities. “Lifeguard services” includes the supervision of the safety of participants in water-contact activities by lifeguards who are providing swimming lessons, coaching or overseeing water-contact sports, or providing water safety instructions to participants when no other persons are using the facilities unless those persons are supervised by separate lifeguard services. (Amended by Stats. 2022, Ch. 273, Sec. 1. (AB 1672) Effective January 1, 2023.)
  59. 11603.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 11. Educational Programs [11600 - 11605] ( Chapter 11 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    The Attorney General may, with the Research Advisory Panel’s approval, let certain controlled-substances researchers withhold identifying details about research subjects; those researchers cannot be forced to identify those subjects in proceedings covered by the section.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 11. Educational Programs [11600 - 11605] ( Chapter 11 added by Stats. 1972, Ch. 1407. ) ## 11603. The Attorney General, with the approval of the Research Advisory Panel, may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subjects of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained. (Added by Stats. 1972, Ch. 1407.)
  60. 116030.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    Large artificially constructed swimming facilities over 20,000 square feet are exempt from the article’s construction standards, but they must still follow the article’s operation, maintenance, and use requirements for public swimming pools.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116030. (a) The construction standards as set forth in this article and the regulations adopted pursuant thereto, shall not apply to any artificially constructed swimming facility in excess of 20,000 square feet of surface area, including, but not limited to, a manmade lake or swimming lagoon with sand beaches. (b) The requirements of this article and regulations adopted pursuant thereto, pertaining to the operation, maintenance, and use of a public swimming pool, including the quality and purity of the water, lifesaving and other measures to ensure the safety of bathers, and measures to ensure personal cleanliness of bathers shall apply to the swimming facilities described in subdivision (a). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  61. 116033.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    People providing aquatic instruction at a public swimming pool must have lifeguard-training credentials and first aid/CPR certification, unless a listed waiver applies. A local public agency may use qualified lifeguard personnel only during a staffing shortage and only if the statute’s conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116033. (a) Except as provided in subdivision (b), persons providing aquatic instruction, including, but not limited to, swimming instruction, water safety instruction, water contact activities, and competitive aquatic sports, at a public swimming pool shall possess current certificates from an American Red Cross or YMCA of the U.S.A. lifeguard training program, or have equivalent qualifications, as determined by the department. In addition, these persons shall be certified in standard first aid and cardiopulmonary resuscitation (CPR). All these persons shall meet these qualifications by January 1, 1991. Persons who only disseminate written materials relating to water safety are not persons providing aquatic instruction within the meaning of this section. The requirements of this section shall be waived under either of the following circumstances: (1) When one or more aquatic instructors possessing the current certificates from an American Red Cross or YMCA of the U.S.A. lifeguard training program, or the equivalent, are in attendance continuously during periods of aquatic instruction. (2) When one or more lifeguards meeting the requirements of Section 116028 are in attendance continuously during periods of aquatic instruction. (b) If there is a staffing shortage where a local public agency pool operator, acting in good faith, is unable to maintain required staffing levels to maintain regular operating hours, the local public agency may use qualified lifeguard personnel, as defined in subdivision (c), to provide lifeguard services at a public swimming pool, if both requirements are met: (1) The public agency is recognized by the United States Lifesaving Association (USLA) as a certified agency capable of administering an ongoing training program. (2) The legislative body of the public agency makes a finding by resolution stating the use of qualified lifeguard personnel is needed for a time period no longer than 12 months in order to maintain regular operating hours of public swimming pools. (c) As used in this section, “qualified lifeguard personnel” means a public agency lifeguard who has received and maintains USLA training from a certified agency, is certified in standard first aid and cardiopulmonary resuscitation, and has received additional public swimming pool-specific crossover training, provided by personnel certified by a national training agency, including treatment of spinal injuries, floatation device use techniques, pool extraction and extrication techniques, and submerged rescue techniques. (Amended by Stats. 2022, Ch. 273, Sec. 2. (AB 1672) Effective January 1, 2023.)
  62. 116035.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    The department supervises the sanitation, healthfulness, and safety of public swimming pools.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116035. The department has supervision of sanitation, healthfulness, and safety of public swimming pools. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  63. 116036.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    The Legislature states that drowning is a major cause of death for children and that qualified swim instruction helps prevent drowning.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116036. The Legislature finds and declares both of the following: (a) In California, drowning is the leading cause of death for children 4 years of age and younger, the second leading cause of death for children 5 to 14 years of age, inclusive, and the third leading cause of death for teenagers and youth 15 to 24 years of age, inclusive. (b) Swim instruction provided by persons who are qualified and certified pursuant to Section 116033 increases swim skills and water competency, the development of which is both well established through evidence-based research to have an impact on reducing drowning and is declared an essential component of California’s actions toward preventing drowning for all ages of children and adults. (Added by Stats. 2025, Ch. 387, Sec. 6. (AB 1005) Effective January 1, 2026.)
  64. 116038.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    Before constructing a public swimming pool, the person planning the project must file a copy of the plans with the local health officer for approval.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116038. Every person proposing to construct a public swimming pool shall file a copy of the plans therefor, prior to construction, with the local health officer having jurisdiction for approval. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  65. 11604.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 11. Educational Programs [11600 - 11605] ( Chapter 11 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    The Attorney General may authorize research-related possession and distribution of controlled substances if the Research Advisory Panel approves.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 11. Educational Programs [11600 - 11605] ( Chapter 11 added by Stats. 1972, Ch. 1407. ) ## 11604. The Attorney General, with the approval of the Research Advisory Panel, may authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization. (Added by Stats. 1972, Ch. 1407.)
  66. 116040.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    People who operate or maintain a public swimming pool must keep it sanitary, healthful, and safe.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116040. Every person operating or maintaining a public swimming pool must do so in a sanitary, healthful and safe manner. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  67. 116043.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    Public swimming pools must be maintained so they are always sanitary, healthful, and safe.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116043. Every public swimming pool, including swimming pool structure, appurtenances, operation, source of water supply, amount and quality of water recirculated and in the pool, method of water purification, lifesaving apparatus, measures to insure safety of bathers, and measures to insure personal cleanliness of bathers shall be such that the public swimming pool is at all times sanitary, healthful and safe. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  68. 116045.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    Some public swimming pools must provide lifeguard service, and certain fee-charging artificial pools must also provide an AED on the premises.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116045. (a) Lifeguard service shall be provided for any public swimming pool that is of wholly artificial construction and for the use of which a direct fee is charged. For all other public swimming pools, lifeguard service shall be provided or signs shall be erected clearly indicating that the service is not provided. (b) Every public swimming pool that is required to provide lifeguard services and that charges a direct fee, as defined in subdivision (e), shall provide on its premises an Automated External Defibrillator (AED) unit. The AED unit shall be readily available during pool operations. (c) (1) In order to ensure public safety, a person or entity that acquires an AED pursuant to these provisions shall comply with Section 1797.196. (2) Pursuant to subdivision (d) of Section 1714.21 of the Civil Code, a person or entity that acquires an AED for emergency care pursuant to this section shall not be liable for any civil damages resulting from any acts or omissions in the rendering of emergency care by use of the AED. (3) Pursuant to subdivision (b) of Section 1714.21 of the Civil Code, a volunteer who in good faith renders emergency care or treatment at the scene of an emergency with the use of an AED that is provided under this section shall not be liable for any civil damages resulting from any acts or omissions in rendering the emergency care, subject to the limitation in subdivision (e) of that section. (d) For purposes of this section, a complex of two or more proximate pools that charges a single fee for admission to all of those pools shall be considered one single public swimming pool. (e) For purposes of this section, the following definitions shall apply: (1) “Direct fee” means a separately stated fee or charge for the use of a public swimming pool to the exclusion of any other service, facility, or amenity. (2) “Public swimming pool” means any public swimming pool defined in Section 116025 that is open to the public. (Amended by Stats. 2018, Ch. 270, Sec. 2. (AB 1766) Effective January 1, 2019.)
  69. 116046.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    The State Department of Education must issue pool-safety best practices for K–12 schools.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116046. (a) The State Department of Education, in consultation with the State Department of Public Health, shall issue best practices guidelines related to pool safety at K–12 schools. (b) Guidelines promulgated pursuant to this section that relate to the use or placement of automated external defibrillators shall be consistent with the requirements imposed under Section 1797.196, and shall include a reference to Section 49417 of the Education Code for purposes of providing information to schools about the liability protections and funding mechanisms provided in that section. (Added by Stats. 2018, Ch. 270, Sec. 3. (AB 1766) Effective January 1, 2019.)
  70. 116048.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    Operators of certain public swimming pools in small common interest developments must keep required records and update them at least twice a week, no more than four days apart.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116048. (a) On or after January 1, 1987, for public swimming pools in any common interest development, as defined in Section 4100 or 6534 of the Civil Code, that consists of fewer than 25 separate interests, as defined in Section 4185 or 6564 of the Civil Code, the person operating each pool open for use shall be required to keep a record of the information required by subdivision (a) of Section 65523 of Title 22 of the California Administrative Code, except that the information shall be recorded at least two times per week and at intervals no greater than four days apart. (b) On or after January 1, 1987, any rule or regulation of the department that is in conflict with subdivision (a) is invalid. (Amended (as amended by Stats. 2012, Ch. 181, Sec. 77) by Stats. 2013, Ch. 605, Sec. 46. (SB 752) Effective January 1, 2014.)
  71. 116049.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    Public swimming pools owned or operated by state or local government must meet specified lighting safety rules, be retrofitted by the stated deadline if not already compliant, be inspected by a qualified inspector, and use licensed electricians for required electrical work.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116049. (a) “Public swimming pool,” as used in this section, means any public swimming pool defined in Section 116025 that is owned or operated by the state or any local governmental entity, including, but not limited to, any city, county, city and county, charter city, charter county, or charter city and county. (b) All dry-niche light fixtures, and all underwater wet-niche light fixtures operating at more than 15 volts in public swimming pools shall be protected by a ground-fault circuit interrupter in the branch circuit, and all light fixtures in public swimming pools shall have encapsulated terminals. This subdivision is declaratory of existing law. (c) Any public swimming pools that do not meet the requirements specified in subdivision (b) by January 1, 1995, shall be retrofitted to comply with these requirements by January 1, 1996. (d) The ground-fault circuit interrupter required pursuant to this section shall comply with Underwriter’s Laboratory standards. (e) Any state or local governmental entity that owns or operates a public swimming pool shall have its public swimming pool inspected by a qualified inspector prior to July 1, 1996, to determine compliance with this section. (f) A public swimming pool may charge a fee, or increase its fee charged, to the public for use of the pool, for the purpose of recovering the administrative and other costs of retrofitting pools in compliance with this section. The charge or increase due to this section shall terminate when funds sufficient to cover these costs are collected. (g) All electrical work required for compliance with this section shall be performed by an electrician licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  72. 116049.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    Public swimming pools must meet specified underwater lighting safety requirements, and owners or operators must have the pool inspected, certify compliance, and complete any needed retrofit by May 1, 1999.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116049.1. (a) “Public swimming pool,” as used in this section, means any swimming pool operated for the use of the general public with or without charge, or for the use of the members and guests of a private club, including any swimming pool located on the grounds of a hotel, motel, inn, an apartment complex, or any residential setting other than a single-family home. For purposes of this section, public swimming pool shall not include a swimming pool located on the grounds of a private single-family home. (b) The design and installation of all underwater lighting systems, operating at more than 15 volts, supplied from a branch circuit either directly or by way of a transformer, shall be installed in a public swimming pool, as defined in this section, so that there is no shock hazard with any likely combination of fault conditions during normal use, and shall comply with both of the following requirements: (1) An approved ground-fault circuit interrupter shall be installed in the branch circuit that supplies all fixtures operating at more than 15 volts. (2) Only approved underwater lighting fixtures shall be used and no lighting fixtures shall be installed for operations at more than 150 volts between conductors. (c) Any public swimming pool that does not meet the requirements specified in subdivision (b), shall be retrofitted to comply with these requirements by May 1, 1999. (d) The ground-fault circuit interrupter required pursuant to this section shall comply with standards acceptable to the authority having jurisdiction. (e) The owner or operator of a public swimming pool shall, on or before May 1, 1999, comply with both of the following: (1) Obtain an inspection of its public swimming pool by the local health officer or a qualified contractor as set forth in subdivision (f). (2) Certify to the local health officer as set forth in Section 116053 that the public swimming pool facility is in compliance with this section. (f) All electrical work required for compliance with this section shall be performed by a person licensed to perform electrical work within his or her general, specialty, or limited specialty contractor’s licensed scope of practice pursuant to Section 7059 of the Business and Professions Code. (g) This section shall be known and may be cited as the Yasmin Paleso’o Memorial Swimming Pool Safety Law. (Amended by Stats. 1998, Ch. 426, Sec. 2. Effective September 11, 1998.)
  73. 11605.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 11. Educational Programs [11600 - 11605] ( Chapter 11 added by Stats. 1972, Ch. 1407. )

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    The Attorney General must conduct a biennial survey of drug and alcohol use among pupils in grades 7, 9, and 11, report the findings by May of each even-numbered year, and protect confidentiality.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 11. Educational Programs [11600 - 11605] ( Chapter 11 added by Stats. 1972, Ch. 1407. ) ## 11605. (a) Commencing with the 1991–92 fiscal year, the Attorney General, in consultation with the Governor’s Policy Council on Alcohol and Drug Abuse, shall conduct a biennial survey of drug and alcohol use among pupils enrolled in grades 7, 9, and 11. The survey shall assess all of the following: (1) The frequency and type of substance abuse. (2) The age of first use and intoxication. (3) Pertinent attitudes and experiences of pupils. (4) The experience of pupils with school-based drug and alcohol prevention programs. (5) As an optional component, the survey may examine the risk factors associated with school dropouts. (b) The biennial survey shall be based on a statewide sample of pupils enrolled in grades 7, 9, and 11 and shall be consistent with the surveys conducted by the office of the Attorney General in the 1985–86, 1987–88, and 1989–90 fiscal years. (c) The Attorney General shall release the findings of the survey on or before May of each even-numbered year and shall prepare and distribute a report on the survey to the Legislature, the Governor, the Superintendent of Public Instruction, law enforcement agencies, school districts, and interested members of the general public. (d) In conducting the survey, the Attorney General shall ensure that the confidentiality of participating school districts and pupils shall be maintained. Pupil questionnaires and answer sheets shall be exempt from the public disclosure requirements prescribed by Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (e) Persons reporting data pursuant to the requirements of this article shall not be liable for damages in any action based upon the use or misuse of pupil surveys that are mailed or otherwise transmitted to the Attorney General, or the Attorney General’s designee. (f) The requirements prescribed by this article shall continue to be funded with the existing resources of the Attorney General. (Amended by Stats. 2021, Ch. 615, Sec. 240. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  74. 116050.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    The department must make and enforce regulations for public swimming pools, enforce related building standards, and submit building standards for approval. Design or construction rules do not apply to older pools if they are reasonably safe and still allow compliance with water-quality requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116050. Except as provided in Section 18930, the department shall make and enforce regulations pertaining to public swimming pools as it deems proper and shall enforce building standards published in the State Building Standards Code relating to public swimming pools; provided, that no rule or regulation as to design or construction of pools shall apply to any pool that has been constructed before the adoption of the regulation, if the pool as constructed is reasonably safe and the manner of the construction does not preclude compliance with the requirements of the regulations as to bacteriological and chemical quality and clarity of the water in the pool. The department shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 for the purposes described in this section. (Amended by Stats. 2006, Ch. 538, Sec. 435. Effective January 1, 2007.)
  75. 116053.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    Every health officer must enforce swimming pool-related building standards and department regulations within their jurisdiction.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116053. Every health officer shall enforce the building standards published in the State Building Standards Code relating to swimming pools and the other regulations adopted by the department pursuant to this article in his or her jurisdiction. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  76. 116055.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    A health officer or department inspector may enter a public swimming pool premises at reasonable times to inspect and investigate sanitation and possible violations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116055. For the purposes of this article, any health officer, or any inspector of the department, may at all reasonable times enter all parts of the premises of a public swimming pool to make examination and investigation to determine the sanitary condition and whether this article, building standards published in the State Building Standards Code relating to swimming pools, or the other regulations adopted by the department pursuant to this article are being violated. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  77. 116058.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    The department may publish inspection reports.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116058. The department may publish the reports of inspections. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  78. 116060.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

    Verify source ↗

    A public swimming pool that is constructed, operated, or maintained contrary to this article is a public nuisance and dangerous to health.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116060. Any public swimming pool constructed, operated, or maintained contrary to the provisions of this article is a public nuisance, dangerous to health. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  79. 116063.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

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    A local health officer or the department may bring an action to abate or enjoin any nuisance that violates this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116063. Any nuisance maintained in violation of this article may be abated or enjoined in an action brought by a local health officer, or the department, or it may be summarily abated in the manner provided by law for the summary abatement of other public nuisances dangerous to health. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  80. 116064.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

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    This section sets safety standards for public wading pools, including suction outlet design, coverings, and retrofit deadlines.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116064. (a) As used in this section the following words have the following meanings: (1) (A) “Public wading pool” means a pool that meets all of the following criteria: (i) It has a maximum water depth not exceeding 18 inches. (ii) It is a pool other than a pool that is located on the premises of a one-unit or two-unit residence, intended solely for the use of the residents or guests. (B) “Public wading pool” includes, but is not limited to, a pool owned or operated by private persons or agencies, or by state or local governmental agencies. (C) “Public wading pool” includes, but is not limited to, a pool located in an apartment house, hotel, or similar setting, that is intended for the use of residents or guests. (2) “Alteration” means any of the following: (A) To change, modify, or rearrange the structural parts or the design. (B) To enlarge. (C) To move the location of. (D) To install a new water circulation system. (E) To make any repairs costing fifty dollars ($50) or more to an existing circulation system. (3) “ANSI/APSP performance standard” means a standard that is accredited by the American National Standards Institute (ANSI) and published by the Association of Pool and Spa Professionals (APSP). (4) “Suction outlet” means a fitting or fixture typically located at the bottom or on the sides of a swimming pool that conducts water to a recirculating pump. (b) A public wading pool shall have at least two circulation suction outlets per pump that are hydraulically balanced and symmetrically plumbed through one or more “T” fittings, and are separated by a distance of at least three feet in any dimension between the suction outlets. (c) All public wading pool suction outlets shall be covered with antivortex grates or similar protective devices. All suction outlets shall be covered with grates or antivortex plates that cannot be removed except with the use of tools. Slots or openings in the grates or similar protective devices shall be of a shape, area, and arrangement that would prevent physical entrapment and would not pose any suction hazard to bathers. (d) (1) The State Department of Health Services may adopt regulations pursuant to this section. (2) The regulations may include, but not be limited to, standards permitting the use of alternative devices or safeguards, or incorporating new technologies, that produce, at a minimum, equivalent protection against entrapment and suction hazard, whenever these devices, safeguards, or technologies become available to the public. (3) Regulations adopted pursuant to this section constitute building standards and shall be forwarded pursuant to Section 11343 of the Government Code to the California Building Standards Commission for approval as set forth in Section 18907 of the Health and Safety Code. (e) The California Building Standards Commission shall approve the building standards as set forth in this section and publish them in the California Building Standards Code by November 1, 1999. The commission shall publish the text of this section in Title 24 of the California Code of Regulations, Part 2, Chapter 31B, requirements for public swimming pools, with the following note: “NOTE: These building standards are in statute but have not been adopted through the regulatory process.” Enforcement of the standards set forth in this section does not depend upon adoption of regulations, therefore, enforcement agencies shall enforce the standards pursuant to the timeline set forth in this section prior to adoption of related regulations. (f) The maximum velocity in the pump suction hydraulic system shall not exceed six feet per second when 100 percent of the pump’s flow comes from the circulation system and any suction outlet in the system is completely blocked. (g) On and after January 1, 1998, all newly constructed public wading pools shall be constructed in compliance with this section. (h) Commencing January 1, 1998, whenever a construction permit is issued for alteration of an existing public wading pool, it shall be retrofitted so as to be in compliance with this section. (i) By January 1, 2000, every public wading pool, regardless of the date of original construction, shall be retrofitted to comply with this section. (Amended by Stats. 2012, Ch. 679, Sec. 4.5. (AB 2114) Effective January 1, 2013.)
  81. 116064.2.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

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    Public swimming pools must have required antientrapment safety devices, and some pools must meet suction-outlet and retrofit deadlines.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116064.2. (a) As used in this section, the following words have the following meanings: (1) “ANSI/APSP performance standard” means a standard that is accredited by the American National Standards Institute (ANSI) and published by the Association of Pool and Spa Professionals (APSP). (2) “ASME/ANSI performance standard” means a standard that is accredited by the American National Standards Institute and published by the American Society of Mechanical Engineers. (3) “ASTM performance standard” means a standard that is developed and published by ASTM International. (4) “Public swimming pool” means an outdoor or indoor structure, whether in-ground or above-ground, intended for swimming or recreational bathing, including a swimming pool, hot tub, spa, or nonportable wading pool, that is any of the following: (A) Open to the public generally, whether for a fee or free of charge. (B) Open exclusively to members of an organization and their guests, residents of a multiunit apartment building, apartment complex, residential real estate development, or other multifamily residential area, or patrons of a hotel or other public accommodations facility. (C) Located on the premises of an athletic club, or public or private school. (5) “Qualified individual” means a contractor who holds a current valid license issued by the State of California or a professional engineer licensed in the State of California who has experience working on public swimming pools. (6) “Safety vacuum release system” means a vacuum release system that ceases operation of the pump, reverses the circulation flow, or otherwise provides a vacuum release at a suction outlet when a blockage is detected. (7) “Skimmer equalizer line” means a suction outlet located below the waterline, typically on the side of the pool, and connected to the body of a skimmer that prevents air from being drawn into the pump if the water level drops below the skimmer weir. However, a skimmer equalizer line is not a suction outlet for purposes of subdivisions (c) and (d). (8) “Suction outlet” means a fitting or fixture of a swimming pool that conducts water to a recirculating pump. (9) “Unblockable suction outlet” means a suction outlet, including the sump, that has a perforated (open) area that cannot be shadowed by the area of the 18 inch by 23 inch Body Blocking Element of the ANSI/APSP-16 performance standard, and that the rated flow through any portion of the remaining open area cannot create a suction force in excess of the removal force values in Table 1 of that standard. (b) (1) Subject to subdivision (e), every public swimming pool shall be equipped with antientrapment devices or systems that comply with the ANSI/APSP-16 performance standard or successor standard designated by the federal Consumer Product Safety Commission. (2) A public swimming pool that has a suction outlet in any location other than on the bottom of the pool shall be designed so that the recirculation system shall have the capacity to provide a complete turnover of pool water within the following time: (A) One-half hour or less for a spa pool. (B) One-half hour or less for a spray ground. (C) One hour or less for a wading pool. (D) Two hours or less for a medical pool. (E) Six hours or less for all other types of public pools. (c) Subject to subdivisions (d) and (e), every public swimming pool with a single suction outlet that is not an unblockable suction outlet shall be equipped with at least one or more of the following devices or systems that are designed to prevent physical entrapment by pool drains: (1) A safety vacuum release system that has been tested by a nationally recognized testing laboratory and found to conform to ASME/ANSI performance standard A112.19.17, as in effect on December 31, 2009, or ASTM performance standard F2387, as in effect on December 31, 2009. (2) A suction-limiting vent system with a tamper-resistant atmospheric opening, provided that it conforms to any applicable ASME/ANSI or ASTM performance standard. (3) A gravity drainage system that utilizes a collector tank, provided that it conforms to any applicable ASME/ANSI or ASTM performance standard. (4) An automatic pump shutoff system tested by a department-approved independent third party and found to conform to any applicable ASME/ANSI or ASTM performance standard. (5) Any other system that is deemed, in accordance with federal law, to be equally effective as, or more effective than, the systems described in paragraph (1) at preventing or eliminating the risk of injury or death associated with the circulation system of the pool and suction outlets. (d) Every public swimming pool constructed on or after January 1, 2010, shall have at least two suction outlets per pump that are hydraulically balanced and symmetrically plumbed through one or more “T” fittings, and that are separated by a distance of at least three feet in any dimension between the suction outlets. A public swimming pool constructed on or after January 1, 2010, that meets the requirements of this subdivision, shall be exempt from the requirements of subdivision (c). (e) A public swimming pool constructed prior to January 1, 2010, shall be retrofitted to comply with subdivisions (b) and (c) by no later than July 1, 2010, except that no further retrofitting is required for a public swimming pool that completed a retrofit between December 19, 2007, and January 1, 2010, that complied with the Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. Sec. 8001 et seq.) as in effect on the date of issue of the construction permit, or for a nonportable wading pool that completed a retrofit prior to January 1, 2010, that complied with state law on the date of issue of the construction permit. A public swimming pool owner who meets the exception described in this subdivision shall do one of the following prior to September 30, 2010: (1) File the form issued by the department pursuant to subdivision (f), as otherwise provided in subdivision (h). (2) (A) File a signed statement attesting that the required work has been completed. (B) Provide a document containing the name and license number of the qualified individual who completed the required work. (C) Provide either a copy of the final building permit, if required by the local agency, or a copy of one of the following documents if no permit was required: (i) A document that describes the modification in a manner that provides sufficient information to document the work that was done to comply with federal law. (ii) A copy of the final paid invoice. The amount paid for the services may be omitted or redacted from the final invoice prior to submission. (f) Prior to March 31, 2010, the department shall issue a form for use by an owner of a public swimming pool to indicate compliance with this section. The department shall consult with county health officers and directors of departments of environmental health in developing the form and shall post the form on the department’s Internet Web site. The form shall be completed by the owner of a public swimming pool prior to filing the form with the appropriate city, county, or city and county department of environmental health. The form shall include, but not be limited to, the following information: (1) A statement of whether the pool operates with a single suction outlet or multiple suction outlets that comply with subdivision (d). (2) Identification of the type of antientrapment devices or systems that have been installed pursuant to subdivision (b) and the date or dates of installation. (3) Identification of the type of devices or systems designed to prevent physical entrapment that have been installed pursuant to subdivision (c) in a public swimming pool with a single suction outlet that is not an unblockable suction outlet and the date or dates of installation or the reason why the requirement is not applicable. (4) A signature and license number of a qualified individual who certifies that the factual information provided on the form in response to paragraphs (1) to (3), inclusive, is true to the best of his or her knowledge. (g) A qualified individual who improperly certifies information pursuant to paragraph (4) of subdivision (f) shall be subject to potential disciplinary action at the discretion of the licensing authority. (h) Except as provided in subdivision (e), each public swimming pool owner shall file a completed copy of the form issued by the department pursuant to this section with the city, county, or city and county department of environmental health in the city, county, or city and county in which the swimming pool is located. The form shall be filed within 30 days following the completion of the swimming pool construction or installation required pursuant to this section or, if the construction or installation is completed prior to the date that the department issues the form pursuant to this section, within 30 days of the date that the department issues the form. The public swimming pool owner or operator shall not make a false statement, representation, certification, record, report, or otherwise falsify information that he or she is required to file or maintain pursuant to this section. (i) In enforcing this section, health officers and directors of city, county, or city and county departments of environmental health shall consider documentation filed on or with the form issued pursuant to this section by the owner of a public swimming pool as evidence of compliance with this section. A city, county, or city and county department of environmental health may verify the accuracy of the information filed on or with the form. (j) To the extent that the requirements for public wading pools imposed by Section 116064 conflict with this section, the requirements of this section shall prevail. (k) The department shall have no authority to take any enforcement action against any person for violation of this section and has no responsibility to administer or enforce the provisions of this section. (Amended by Stats. 2012, Ch. 679, Sec. 5. (AB 2114) Effective January 1, 2013.)
  82. 116065.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

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    A person who violates this article, related swimming-pool building standards, or adopted rules commits a misdemeanor and may be fined, jailed, or both.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116065. Every person who violates any provision of this article, building standards published in the State Building Standards Code relating to swimming pools, or the rules and regulations adopted pursuant to the provisions of this article, is guilty of a misdemeanor, punishable by a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), or by imprisonment for not more than six months, or both. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  83. 116068.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. )

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    Each day a violation of this article continues counts as a separate offense.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Swimming Pool Sanitation and Safety [116025 - 116068] ( Heading of Article 5 amended by Stats. 2018, Ch. 270, Sec. 1. ) ## 116068. Each day that a violation of this article continues is a separate offense. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  84. 116070.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Ocean Water-Contact Sports [116070 - 116090] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines “water-contact sport” as a sport where a person’s body comes into physical contact with water, including examples like swimming and surfing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Ocean Water-Contact Sports [116070 - 116090] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116070. As used in this article, water-contact sport means any sport in which the body of a person comes into physical contact with water, including but not limited to swimming, surfboarding, paddleboarding, skin diving, and water-skiing. It does not include boating or fishing. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  85. 116075.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Ocean Water-Contact Sports [116070 - 116090] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department oversees sanitation, healthfulness, and safety for public beaches and public water-contact sport areas in the state’s ocean waters and bays, and may make and enforce related regulations except as provided in Section 18930.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Ocean Water-Contact Sports [116070 - 116090] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116075. The department has supervision of sanitation, healthfulness, and safety of the public beaches and public water-contact sport areas of the ocean waters and bays of the state and, except as provided in Section 18930, the department may make and enforce regulations pertaining thereto as it deems proper. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  86. 116080.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Ocean Water-Contact Sports [116070 - 116090] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Regulations under this article must include suitable safe-bacteria standards for water-contact sports areas.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Ocean Water-Contact Sports [116070 - 116090] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116080. Regulations made pursuant to this article shall include suitable standards of safe bacteria count for water-contact sports areas specified by the State Water Pollution Control Board or regional water pollution control boards, which standards shall be applied to all public water-contact sport areas of the ocean waters and bays of the state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  87. 116085.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Ocean Water-Contact Sports [116070 - 116090] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Violating any rule or regulation adopted under this article is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Ocean Water-Contact Sports [116070 - 116090] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116085. Every person who violates any rule or regulation adopted pursuant to this article is guilty of a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  88. 116090.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Ocean Water-Contact Sports [116070 - 116090] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section says the department does not get authority under this article to तय fix where water-contact sports may be held, and it does not change the pollution control boards’ authority to set appropriate areas for different uses.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Ocean Water-Contact Sports [116070 - 116090] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116090. Nothing contained in this article shall be construed to give the department the authority to fix the areas wherein water-contact sports may be engaged in or to affect the authority of the State Water Pollution Control Board or regional water pollution control boards to fix appropriate areas for various uses. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  89. 116090.6.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 7. Fish and Shellfish Consumption Advisories [116090.6 - 116090.7] ( Article 7 added by Stats. 2019, Ch. 538, Sec. 1. )

    Verify source ↗

    This section defines three terms used in the article: “local health officer,” “Office,” and “site-specific fish or shellfish health advisory.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 7. Fish and Shellfish Consumption Advisories [116090.6 - 116090.7] ( Article 7 added by Stats. 2019, Ch. 538, Sec. 1. ) ## 116090.6. For purposes of this article, the following terms have the following meanings: (a) “Local health officer” means the legally appointed health officer or director of environmental health of the city, county, or city and county, having jurisdiction over the area in which a publicly accessible body of water is located, which may include a coastal area. (b) “Office” means the Office of Environmental Health Hazard Assessment. (c) “Site-specific fish or shellfish health advisory” means a consumption advisory regarding fish or shellfish in a specified body of water or area of that body of water, which may include a specified area of coastal waters. (Added by Stats. 2019, Ch. 538, Sec. 1. (AB 762) Effective January 1, 2020.)
  90. 116090.7.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 7. Fish and Shellfish Consumption Advisories [116090.6 - 116090.7] ( Article 7 added by Stats. 2019, Ch. 538, Sec. 1. )

    Verify source ↗

    Local health officers must post and maintain health warnings for contaminated fish or shellfish advisory locations, and the State Water Resources Control Board must support the process with grants, guidelines, consultation, and reporting.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Safe Recreational Water Use [115825 - 116090.7] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 7. Fish and Shellfish Consumption Advisories [116090.6 - 116090.7] ( Article 7 added by Stats. 2019, Ch. 538, Sec. 1. ) ## 116090.7. (a) Upon issuance by the office of a site-specific fish or shellfish health advisory pursuant to Section 59011 of this code or Section 13177.5 of the Water Code, a local health officer shall conspicuously post health warnings at public access points to locations where contaminated fish or shellfish may be caught, including piers, jetties, lakes, reservoirs, and other areas where recreational or subsistence fishing is known to occur, consistent with any program guidelines adopted by the State Water Resources Control Board pursuant to paragraph (2) of subdivision (e). The local health officer shall coordinate with the office, the State Department of Public Health, the Department of Fish and Wildlife, and the appropriate regional water quality control board to identify appropriate posting locations and signage. The local health officer shall be responsible for maintaining the signage until the office rescinds or revises the relevant site-specific fish or shellfish health advisory. (b) (1) A local health officer shall post health warnings pursuant to this section within 180 days of receiving grant funding for posting those warnings awarded pursuant to paragraph (1) of subdivision (e). If a local health officer does not request grant funding for a fiscal year pursuant to paragraph (1) of subdivision (e), the local health officer shall post health warnings pursuant to this section within 180 days of the deadline for requesting grant funding for that fiscal year. (2) At a minimum, the health warnings shall contain information on contaminants of concern and consumption guidelines issued by the office. (c) (1) The office shall make available on its internet website digital posters of health warnings for each site-specific fish or shellfish health advisory issued pursuant to this article that local health officers may use in meeting their responsibilities under this article. (2) The office shall make the digital posters available in English, Spanish, and other languages that persons who commonly fish in the area will understand, as determined by the office in consultation with the local health officer. (d) If a local health officer has requested grant funding awarded pursuant to paragraph (1) of subdivision (e), the duties imposed on the local health officer’s local agency pursuant to this section are mandatory only to the extent that the local health officer has received grant funding to cover a local agency’s costs associated with the performance of the duties imposed by this section. If a local health officer does not request grant funding for a fiscal year awarded pursuant to paragraph (1) of subdivision (e), the duties imposed on the local health officer’s local agency pursuant to this section are mandatory for that fiscal year. (e) (1) Upon an appropriation for this purpose in the annual Budget Act or another statute, the State Water Resources Control Board shall award grants to local agencies, or to qualified nonprofit organizations to distribute to local agencies, to meet the requirements of this section. (2) The State Water Resources Control Board may adopt program guidelines and procedures to administer appropriated funds. The State Water Resources Control Board shall consult with the office, the State Department of Public Health, the Department of Fish and Wildlife, and the regional water quality control boards, and shall hold a public workshop before the adoption of any program guidelines and procedures. The adoption of program guidelines and procedures is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (3) Of the funds appropriated for the purposes of this section, the State Water Resources Control Board may use not more than 5 percent of the amount appropriated for its administrative costs. (4) (A) On or before December 31, 2022, the State Water Resources Control Board shall submit a report to the Legislature summarizing whether or not the funds appropriated for local health officers to implement this section are sufficient. (B) The report shall include, but is not limited to, all of the following information: (i) A list of where the health advisories have been posted in accordance with this article. The list shall identify the health advisory postings funded by an appropriation in the annual Budget Act or another statute for this purpose. (ii) A list of local agencies that have posted health advisories in accordance with this article. The list shall identify the local agencies that received a grant funded by an appropriation in the annual Budget Act or another statute for this purpose. (iii) A summary of the bodies of water for which the office has issued health advisories pursuant to Section 59011 of this code or Section 13177.5 of the Water Code, but for which health advisories have not been posted in accordance with this article. (iv) A cost estimate of the appropriation amount necessary to ensure full funding for implementation of this article. (C) The report shall be submitted in compliance with Section 9795 of the Government Code. (D) Pursuant to Section 10231.5 of the Government Code, this paragraph is inoperative on December 31, 2026. (Added by Stats. 2019, Ch. 538, Sec. 1. (AB 762) Effective January 1, 2020.)
  91. 116091.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Pilot Project for School Athletics Safety [116091 - 116095] ( Chapter 6 added by Stats. 2001, Ch. 553, Sec. 2. )

    Verify source ↗

    This section creates the Pupil Athletic Access and Safety Program pilot project in the State Department of Education.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Pilot Project for School Athletics Safety [116091 - 116095] ( Chapter 6 added by Stats. 2001, Ch. 553, Sec. 2. ) ## 116091. The Pupil Athletic Access and Safety Program pilot project is hereby established in the State Department of Education for the purpose of providing grants to private statewide nonprofit organizations in two regions to support a partnership to facilitate pupil participation and safety in high school interscholastic athletics that would primarily benefit low-income pupils. (Added by Stats. 2001, Ch. 553, Sec. 2. Effective January 1, 2002.)
  92. 116092.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Pilot Project for School Athletics Safety [116091 - 116095] ( Chapter 6 added by Stats. 2001, Ch. 553, Sec. 2. )

    Verify source ↗

    The pilot projects must include one in southern California and one in northern California.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Pilot Project for School Athletics Safety [116091 - 116095] ( Chapter 6 added by Stats. 2001, Ch. 553, Sec. 2. ) ## 116092. (a) One of the pilot projects shall be in southern California. (b) One of the pilot projects shall be in northern California. (Added by Stats. 2001, Ch. 553, Sec. 2. Effective January 1, 2002.)
  93. 116093.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Pilot Project for School Athletics Safety [116091 - 116095] ( Chapter 6 added by Stats. 2001, Ch. 553, Sec. 2. )

    Verify source ↗

    The pilot project must use grant funds only for the listed school athletics safety purposes, and participating health care providers must not refer pupils to their own or financially interested practices.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Pilot Project for School Athletics Safety [116091 - 116095] ( Chapter 6 added by Stats. 2001, Ch. 553, Sec. 2. ) ## 116093. (a) A pilot project shall use grant funds for all of the following purposes: (1) To provide onsite nationally certified athletic trainers to participating schools. The project may provide a certified athletic trainer, or funds to help pay the costs associated with ensuring that there is an onsite athletic trainer, for at least 30 hours per week. Funds received pursuant to this section shall be used only to provide supplemental staff or services and shall not displace or reduce existing staff or services. Athletic trainers provided pursuant to this section shall not displace or reduce the hours or benefits available to any classified or certified employee who provides athletic training services for participating schools prior to the effective date of this section. A participating school that currently employs an athletic trainer shall coordinate the use of his or her services with the pilot project. (2) To provide appropriate medical supplies and other supplies necessary to prevent and care for sports-related injuries. (3) To provide in-service meetings for coaches and trainers, and to ensure that coaches and trainers receive first aid and CPR certification. (4) To provide mentoring opportunities for pupils interested in the medical and athletic training fields. (5) To provide community educational seminars for pupils, parents, trainers, coaches, and administrators on nutrition, the avoidance of drugs, and on injuries and prevention. (6) To inform pupils about the availability of low-cost health insurance, including Medi-Cal and the Healthy Families Program. (7) To provide strength training workshops for pupil-athletes and an off-season training program. (b) Health care providers, including athletic trainers who participate in the pilot project shall not refer pupils to their own practice, to the practice of the other health care providers participating in the pilot project, or to the practice of other health care providers in whose practice they have a financial interest. (Added by Stats. 2001, Ch. 553, Sec. 2. Effective January 1, 2002.)
  94. 116094.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Pilot Project for School Athletics Safety [116091 - 116095] ( Chapter 6 added by Stats. 2001, Ch. 553, Sec. 2. )

    Verify source ↗

    The State Department of Education must run a competitive grant process for eligible private nonprofit organizations, review and select proposals on set dates, fund selected grants, and monitor the program.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Pilot Project for School Athletics Safety [116091 - 116095] ( Chapter 6 added by Stats. 2001, Ch. 553, Sec. 2. ) ## 116094. (a) The State Department of Education shall establish a competitive grant process for private, nonprofit organizations that are registered with the Secretary of State to submit a grant application for the development, administration, and implementation of the Pupil Athletic Access and Safety Program. (b) No later than May 1, 2002, the department, or its administering contracting entity, shall request and review proposals submitted by entities eligible for grants pursuant to this chapter. By June 1, 2002, the department, or its administering contracting entity, shall select a proposal for each of the two regions for receipt of a grant. The selected proposal shall meet the criteria set forth in this chapter and shall be selected on the basis of its ability to provide the best, most feasible service to the largest number of schools and pupils in the pilot area. (c) Proposals shall include all of the following: (1) A description of the program goals. (2) A list of measurable objectives for the purpose of evaluation by the department, or its administering contracting entity. (3) A list of public secondary schools selected for participation, and the criteria used for selection of those schools. (4) A list of professional participants with curriculum vitae and résumés attached. Athletic trainers who are proposed to participate in the program shall be certified by the National Athletic Trainers Association. (5) A method of ensuring medical quality for the program. (6) The method that will be used to gather and submit data to the department, or its administering contracting entity. (7) A clear description of the experience, expertise, and other qualifications of the private, nonprofit organization. (8) A proposed budget for expenditure of the grant, including a proposed fundraising plan to raise the dollar-for-dollar match as required in this chapter. (d) The department, or its administering contracting entity, upon making a selection pursuant to this chapter, shall fund the grant no later than August 1, 2002. (e) (1) The department may expend up to 10 percent of the funds appropriated for the purposes of this chapter for the costs associated with administration of the competitive grant process, medical quality assurance and program oversight, data collection, and evaluation of the pilot project. No additional funds may be used for administration, oversight, or implementation of this program. (2) The department may contract with a nonprofit statewide organization that specializes in administration of high school interscholastic athletic programs to function as the department’s administering agency for the program. If the department enters into a contract pursuant to this paragraph, the funds provided for administrative costs as set forth in paragraph (1) shall be expended, pursuant to the contract, by the nonprofit organization in its administration of this program on behalf of the department. The administering contracting entity shall be responsible for all aspects of the program, including the establishment of the competitive grant process, the selection of grantees and awarding of grants, program administration, monitoring, and evaluation, and the report required pursuant to Section 116095. (f) The department, or its administering contracting entity, shall monitor and evaluate the program to ensure the performance and effectiveness of the program, including the following: (1) Success in obtaining stated goals. (2) Success in the pupil mentoring and scholarship programs. (3) Reduction in injuries that occur during practice sessions and during actual athletic competitions. (4) Reduction in recurring injury incidents. (g) For the purpose of evaluating the programs, the department, or its administering contracting entity, shall, to the extent feasible, compare available data relating to injuries that occurred during practice sessions and official competitions in the school year prior to the existence of the pilot program, with comparable data collected in the second year of the pilot program. If data regarding injuries has not been collected prior to the establishment of the pilot program, then data submitted by each grantee during the first six months of the program shall be used as baseline data to compare against data collected in the second year. (h) In order to be eligible to receive funds pursuant to this chapter, a pilot project shall receive matching private funds equal to the public funds received. (Added by Stats. 2001, Ch. 553, Sec. 2. Effective January 1, 2002.)
  95. 116095.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Pilot Project for School Athletics Safety [116091 - 116095] ( Chapter 6 added by Stats. 2001, Ch. 553, Sec. 2. )

    Verify source ↗

    By January 1, 2005, the department or its administering contracting entity must submit a report to the Legislature about the pilot projects.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 10. RECREATIONAL SAFETY [115725 - 116095] ( Part 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Pilot Project for School Athletics Safety [116091 - 116095] ( Chapter 6 added by Stats. 2001, Ch. 553, Sec. 2. ) ## 116095. By January 1, 2005, the department, or its administering contracting entity, shall submit a report to the Legislature on the evaluation of the pilot projects pursuant to this chapter, including the number of schools and pupils assisted by or participating in the various components of the project, and the extent to which the measurable objectives listed in the proposal were met. (Added by Stats. 2001, Ch. 553, Sec. 2. Effective January 1, 2002.)
  96. 116100.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Definitions [116100 - 116108] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    For Article 5 of Chapter 2, “department” means the State Department of Health Services.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Definitions [116100 - 116108] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116100. As used in Article 5 (commencing with Section 116185) of Chapter 2, “department” means the State Department of Health Services. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  97. 116102.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Definitions [116100 - 116108] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “Place” for specified later provisions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Definitions [116100 - 116108] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116102. “Place,” as used in Article 3 (commencing with Section 116125) of Chapter 2 and Section 116250, includes land, place, building, structure, wharf, pier, dock, vessel, or water craft. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  98. 116104.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Definitions [116100 - 116108] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “rodents” for later use in specified parts of the code.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Definitions [116100 - 116108] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116104. “Rodents,” as used in Article 3 (commencing with Section 116125) of Chapter 2 and Section 116250, means rats, mice, gophers, and ground squirrels. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  99. 116106.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Definitions [116100 - 116108] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “possess” for certain later provisions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Definitions [116100 - 116108] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116106. “Possess,” as used in Article 3 (commencing with Section 116125) of Chapter 2 and Section 116250, includes control, own, lease, occupy, possess, or have charge of or dominion over. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  100. 116108.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Definitions [116100 - 116108] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “vector” for later use in the code.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Definitions [116100 - 116108] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116108. “Vector,” as used in Article 1 (commencing with Section 116110) of, and Article 2 (commencing with Section 116120) of Chapter 2, and Section 106925, means any animal capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including, but not limited to, mosquitoes, flies, other insects, ticks, mites, and rats. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  101. 116110.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Vector Biology and Control [116110 - 116112] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must maintain a vector biology and control program.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Vector Biology and Control [116110 - 116112] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116110. The department shall maintain a program of vector biology and control including, but not limited to, the following: (a) Providing consultation and assistance to local vector control agencies in developing and conducting programs for the prevention and control of vectors. (b) Surveillance of vectors and vector-borne diseases. (c) Coordinating and conducting emergency vector control, as required. (d) Training and certifying government agency vector control technicians. (e) Disseminating information to the public regarding protection from vectors and vector-borne diseases. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  102. 116111.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Vector Biology and Control [116110 - 116112] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may provide necessary and proper assistance and support to local vector control programs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Vector Biology and Control [116110 - 116112] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116111. The department may provide any necessary and proper assistance and support to the vector control programs of counties, cities, cities and counties, mosquito abatement and vector control districts, and pest abatement districts. (Added by Stats. 2002, Ch. 395, Sec. 10. Effective January 1, 2003.)
  103. 116112.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Vector Biology and Control [116110 - 116112] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A Vectorborne Disease Account is created in the State Treasury, and money in it may be spent by the department if the Legislature appropriates it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Vector Biology and Control [116110 - 116112] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116112. The Vectorborne Disease Account is hereby established within the State Treasury. When appropriated by the Legislature, the funds deposited in the Vectorborne Disease Account shall be available for expenditure by the department to support activities for the prevention, surveillance, and control of vectorborne diseases and to support other activities that carry out the purposes of this part. (Added by Stats. 2004, Ch. 38, Sec. 3. Effective May 7, 2004.)
  104. 116120.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Importation of Exotic Vectors [116120- 116120.] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not import an exotic vector into the state without written approval from the state department.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Importation of Exotic Vectors [116120- 116120.] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116120. (a) It shall be unlawful for any person to import into the state any exotic vector without written approval from the state department. (b) The state department shall issue an applicant written authority to import into the state any exotic vector upon a determination by the state department that the public health and safety will not be endangered thereby. (c) “Exotic vector” means a vector species that is not native to California and is not commonly found in the state. (d) Any violation of this section is a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  105. 116125.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person who has a rodent-infested place must promptly and in good faith try to exterminate the rodents and fix the conditions causing the infestation once they know about it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116125. Every person possessing a place that is infested with rodents, as soon as their presence comes to his or her knowledge, shall at once proceed and continue in good faith to endeavor to exterminate and destroy the rodents, by poisoning, trapping, and other appropriate means, and to abate the conditions listed in Section 17920.3 that are causing the infestation. (Amended by Stats. 2014, Ch. 81, Sec. 2. (SB 1167) Effective January 1, 2015.)
  106. 116130.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Specified public health officials may inspect places for rodent infestation compliance, but they may not enter a dwelling, hotel, or rooming house for inspection outside 9 a.m. to 5 p.m.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116130. The department, the board of supervisors of each county, local health officers, or inspectors appointed by any of them, as provided in this article and Chapter 3 (commencing with Section 116250), may inspect a place for the purpose of ascertaining whether it is infested with rodents and whether the requirements of this article and Chapter 3 (commencing with Section 116250) as to their extermination and destruction, and the abatement of the conditions listed in Section 17920.3 that are causing the infestation are being complied with. However, no building occupied as a dwelling, hotel, or rooming house, shall be entered for inspection purposes except between the hours of 9 a.m., and 5 p.m. (Amended by Stats. 2014, Ch. 81, Sec. 3. (SB 1167) Effective January 1, 2015.)
  107. 116135.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    County boards and city governing bodies may spend money and buy materials, and may hire and pay inspectors, to destroy rodents and address listed infestation conditions when public health or property damage concerns justify it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116135. The board of supervisors of each county and the governing body of each city, whenever it may by resolution determine that it is necessary for the preservation of the public health or to prevent the spread of contagious or infectious disease, communicable to mankind, or when it determines that it is necessary to prevent great and irreparable damage to crops or other property, may appropriate money for the purchase of, and may purchase, poison, traps, and other materials for the purpose of exterminating and destroying rodents and abating the conditions listed in Section 17920.3 that are causing the infestation in that county or city, and may employ and pay inspectors, who shall prosecute the work of extermination, destruction, and abatement on both private and public property in the county or city. (Amended by Stats. 2014, Ch. 81, Sec. 4. (SB 1167) Effective January 1, 2015.)
  108. 116140.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If a person with a rodent-infested place fails to keep trying to exterminate the rodents and abate the cause of the infestation, local and county health authorities must act at once to do it themselves.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116140. Whenever a person possessing a place that is infested with rodents, fails, neglects, or refuses to proceed and to continue to endeavor to exterminate and destroy the rodents and abate the conditions listed in Section 17920.3 that are causing the infestation, as required in this article and Chapter 3 (commencing with Section 116250), the department and its inspectors, the county board of supervisors and its inspectors, and the local health officer, shall at once cause the rodents to be exterminated and destroyed and the conditions listed in Section 17920.3 that are causing the infestation to be abated. (Amended by Stats. 2014, Ch. 81, Sec. 5. (SB 1167) Effective January 1, 2015.)
  109. 116145.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The county or city must cover the expense of exterminating rodents and abating the listed infestation conditions, and the board of supervisors or other governing body must allow and pay that expense.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116145. The expense of exterminating and destroying the rodents and abating the conditions listed in Section 17920.3 that are causing the infestation is a charge against the county or city in which the work is done, and the board of supervisors or other governing body shall allow and pay it. (Amended by Stats. 2014, Ch. 81, Sec. 6. (SB 1167) Effective January 1, 2015.)
  110. 116150.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The governing body must record a notice of payment with the county recorder, and the notice claims a lien on the property for the amount paid.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116150. The governing body shall record in the office of the county recorder a notice of payment, claiming a lien on the property for the amount of the payment. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  111. 116155.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Sums paid by a county or city become a lien on the property where the work was done, and the county or city may recover those sums in an action against that property.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116155. All sums so paid by the county or city are a lien on the property on which the work was done, and may be recovered in an action against the property. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  112. 116160.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    An action to foreclose the lien must be brought within 90 days after payment, and the district or city attorney must prosecute it for the county or city’s benefit.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116160. The action to foreclose the lien shall be brought within 90 days after the payment, and shall be prosecuted by the district or city attorney in the name of the county, or city, as the case may be, and for its benefit. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  113. 116165.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    When the property is sold, sale proceeds must first pay the lien and costs; any surplus goes to the owner if known, or to the court for the owner if later identified.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116165. When the property is sold, enough of the proceeds shall be paid into the treasury of the county or city to satisfy the lien and the costs, and the surplus, if any, shall be paid to the owner of the property, if known, and if not known shall be paid into the court for the use of the owner when ascertained. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  114. 116170.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If the complaint shows the property may be removed from the court’s jurisdiction, the court may appoint a receiver to take possession of it and hold it until the case is pending or a bond is filed.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Rodent Abatement [116125 - 116170] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116170. If it appears from the complaint in the action that the property on which the lien is to be foreclosed is likely to be removed from the jurisdiction of the court, the court may appoint a receiver to take possession of the property and hold it while the action is pending or until the defendant executes and files a bond, conditioned for the payment of any judgment that may be recovered against the defendant in the action and of all costs. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  115. 116175.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Mosquito and Gnat Control [116175 - 116180] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must make studies and demonstrations when needed to identify areas of the state with a high proportion of mosquito-borne diseases.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Mosquito and Gnat Control [116175 - 116180] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116175. The department shall make studies and demonstrations as may be necessary to determine the areas of the state that have a high proportion of mosquito-borne diseases, including malaria and encephalitis. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  116. 116180.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Mosquito and Gnat Control [116175 - 116180] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may make cooperative agreements with local districts or other public agencies for mosquito, gnat, fly, rodent, and other vector control, subject to terms set by the director.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Mosquito and Gnat Control [116175 - 116180] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116180. (a) The department may enter into a cooperative agreement with any local district or other public agency engaged in the work of controlling mosquitoes, gnats, flies, other insects, rodents, or other vectors and pests of public health importance, in areas and under terms, conditions, and specifications as the director may prescribe. (b) The agreement may provide for financial assistance on behalf of the state and for the doing of all or any portion of the necessary work by either of the contracting parties, except that in no event shall the department agree that the state’s contribution shall exceed 50 percent of the total cost of any acceptable plan. (c) The agreement may provide for contributions by the local district or other public agency to the Vectorborne Disease Account. (Amended by Stats. 2004, Ch. 38, Sec. 4. Effective May 7, 2004.)
  117. 116185.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Mosquito Control and Imported Tires [116185 - 116225] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Used tires may not be imported into the state unless they are certified as free of mosquitoes.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Mosquito Control and Imported Tires [116185 - 116225] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116185. The Legislature finds and declares that used tires imported into this country have contained mosquitos that are carriers of disease that is harmful to humans. The Legislature further finds and declares that, in order to attempt to ensure that these mosquitos are not brought into this state, it is necessary to require that used tires not be imported into this state unless they have been certified as being free of mosquitos. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996. Note: This section is not subject to the termination clause in Section 116225.)
  118. 116190.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Mosquito Control and Imported Tires [116185 - 116225] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Used tires imported into the state for sale, resale, or disposal may not enter unless they are inspected and certified free of mosquitos; the department reviews out-of-state certifications and may waive inspection if they are adequate.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Mosquito Control and Imported Tires [116185 - 116225] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116190. (a) No used tires that have been imported into the United States shall be imported into this state, for purposes of sale, resale or disposal, unless they are inspected and certified as free from mosquitos in any stage of development by the department or its designee. Nothing in this section is intended to require inspection of each tire entering the state. The inspection shall be conducted using standard sampling procedures. (b) Notwithstanding subdivision (a), if a shipment of tires imported into the United States has been inspected in a state other than California and certified as free from mosquitos in any state of development by persons meeting the federal certified pesticide applicator qualifications contained in 7 U.S.C. Section 136b, then the department shall review the certification to determine whether or not it is adequate. For the purposes of this subdivision, “adequate” means that the department shall confirm that the certification was performed by persons meeting the qualifications referred to in this subdivision and that the certification applies to the shipment of tires imported into this state. If the certification is determined by the department to be adequate, the department shall make a written finding to that effect, and the inspection referred to in subdivision (a) shall not be required. The department may charge and collect a reasonable fee, not to exceed fifty dollars ($50) per shipment, to cover its costs incurred pursuant to this subdivision. If the certification is determined by the department to be inadequate, the inspection referred to in subdivision (a) shall be required. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996. Conditionally inoperative as provided in Section 116225.)
  119. 116195.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Mosquito Control and Imported Tires [116185 - 116225] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must administer this article and may delegate, cooperate with other agencies, or contract with local agencies to help implement and enforce it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Mosquito Control and Imported Tires [116185 - 116225] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116195. The department shall administer this article. In carrying out this duty, the department may delegate its authority to other departments of the state or to local governmental agencies, or cooperate with other agencies in the enforcement of this article. Notwithstanding Section 116180, the department may enter into a contract for services with local agencies, in order to implement this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996. Conditionally inoperative as provided in Section 116225.)
  120. 116200.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Mosquito Control and Imported Tires [116185 - 116225] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must charge and collect a fee for each certificate it issues, and the fee amount is capped at 30 cents per imported tire or casing for the initial fee and interim fee.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Mosquito Control and Imported Tires [116185 - 116225] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116200. The department shall charge and collect a fee for each certificate issued by the department or its designee, which shall be in an amount reasonably necessary to produce sufficient revenue to effectively implement this article. The initial fee established by the department shall not be greater than thirty cents ($0.30) per tire or casing imported. A nonreturnable interim fee of thirty cents ($0.30) per tire or casing imported, and for which a certificate is issued by the department or its designee, is hereby established and shall remain in effect until the department adopts the necessary regulations pursuant to this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996. Conditionally inoperative as provided in Section 116225.)
  121. 116205.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Mosquito Control and Imported Tires [116185 - 116225] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must collect, account for, and deposit money received under this article into the Vectorborne Disease Account.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Mosquito Control and Imported Tires [116185 - 116225] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116205. The department shall collect and account for all money received pursuant to this article and shall deposit it in the Vectorborne Disease Account provided for in Section 116112. (Amended by Stats. 2004, Ch. 38, Sec. 5. Effective May 7, 2004. Conditionally inoperative as provided in Section 116225.)
  122. 116210.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Mosquito Control and Imported Tires [116185 - 116225] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Fees collected under this article are subject to the annual fee increase rules in Section 100425, and the section is conditionally inoperative as provided in Section 116225.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Mosquito Control and Imported Tires [116185 - 116225] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116210. Fees collected pursuant to this article shall be subject to the annual fee increase provisions of Section 100425. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996. Conditionally inoperative as provided in Section 116225.)
  123. 116220.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Mosquito Control and Imported Tires [116185 - 116225] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Violating this article is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Mosquito Control and Imported Tires [116185 - 116225] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116220. It shall be a misdemeanor to violate this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996. Conditionally inoperative as provided in Section 116225.)
  124. 116225.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Mosquito Control and Imported Tires [116185 - 116225] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This article becomes inoperative if the director finds that the federal government has an equally effective program for keeping imported used tires free of mosquitos; Section 116185 is excepted.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Powers and Duties [116110 - 116225] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Mosquito Control and Imported Tires [116185 - 116225] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116225. This article, with the exception of Section 116185, shall be inoperative upon a finding by the director that the federal government has established and is implementing a program that is at least as effective in ensuring that used tires imported into this state are free of mosquitos, as are the importation requirements established by this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996. Note: Termination clause affects Article 5, commencing with Section 116185, except Section 116185.)
  125. 116250.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [116250- 116250.] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Violating Article 3 of Chapter 2 is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 11. VECTORS [116100 - 116250] ( Part 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [116250- 116250.] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116250. A violation of Article 3 (commencing with Section 116125) of Chapter 2 is a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  126. 116270.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    California residents have a right to pure and safe drinking water.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116270. The Legislature finds and declares all of the following: (a) Every resident of California has the right to pure and safe drinking water. (b) Feasible and affordable technologies are available and shall be used to remove toxic contaminants from public water supplies. (c) According to the State Department of Health Services, over 95 percent of all large public water systems in California are in compliance with health-based action levels established by the department for various contaminants. (d) It is the policy of the state to reduce to the lowest level feasible all concentrations of toxic chemicals that, when present in drinking water, may cause cancer, birth defects, and other chronic diseases. (e) This chapter is intended to ensure that the water delivered by public water systems of this state shall at all times be pure, wholesome, and potable. This chapter provides the means to accomplish this objective. (f) It is the intent of the Legislature to improve laws governing drinking water quality, to improve upon the minimum requirements of the federal Safe Drinking Water Act Amendments of 1996, to establish primary drinking water standards that are at least as stringent as those established under the federal Safe Drinking Water Act, and to establish a program under this chapter that is more protective of public health than the minimum federal requirements. (g) It is the further intent of the Legislature to establish a drinking water regulatory program within the state board to provide for the orderly and efficient delivery of safe drinking water within the state and to give the establishment of drinking water standards and public health goals greater emphasis and visibility within the state. (h) This act shall be construed to ensure consistency with the requirements for states to obtain and maintain primary enforcement responsibility for public water systems under the federal Safe Drinking Water Act and acts amendatory thereof or supplementary thereto. (Amended by Stats. 2015, Ch. 673, Sec. 3. (AB 1531) Effective January 1, 2016.)
  127. 116271.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The state board takes over specified drinking water authorities, must maintain a drinking water program, and may delegate listed permit-enforcement powers to a deputy director, but not to regional water quality control boards.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116271. (a) The state board succeeds to and is vested with all of the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the State Department of Public Health, its predecessors, and its director for purposes of all of the following: (1) The Environmental Laboratory Accreditation Act (Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101). (2) Article 3 (commencing with Section 106875) of Chapter 4 of Part 1. (3) Article 1 (commencing with Section 115825) of Chapter 5 of Part 10. (4) This chapter and the Safe Drinking Water State Revolving Fund Law of 1997 (Chapter 4.5 (commencing with Section 116760)). (5) Article 2 (commencing with Section 116800), Article 3 (commencing with Section 116825), and Article 4 (commencing with Section 116875) of Chapter 5. (6) Chapter 7 (commencing with Section 116975). (7) The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Division 43 (commencing with Section 75001) of the Public Resources Code). (8) The Water Recycling Law (Chapter 7 (commencing with Section 13500) of Division 7 of the Water Code). (9) Chapter 7.3 (commencing with Section 13560) of Division 7 of the Water Code. (10) The California Safe Drinking Water Bond Law of 1976 (Chapter 10.5 (commencing with Section 13850) of Division 7 of the Water Code). (11) Wholesale Regional Water System Security and Reliability Act (Division 20.5 (commencing with Section 73500) of the Water Code). (12) Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Division 26.5 (commencing with Section 79500) of the Water Code). (b) The state board shall maintain a drinking water program and carry out the duties, responsibilities, and functions described in this section. Statutory reference to “department,” “state department,” or “director” regarding a function transferred to the state board shall refer to the state board. This section does not impair the authority of a local health officer to enforce this chapter or a county’s election not to enforce this chapter, as provided in Section 116500. (c) The state board shall succeed to the status of grantee or applicant, as appropriate, for any federal Drinking Water State Revolving Fund capitalization grants that the State Department of Public Health and any of its predecessors applied for. (d) Regulations adopted, orders issued, and all other administrative actions taken by the State Department of Public Health, any of its predecessors, or its director, pursuant to the authorities now vested in the state board and in effect immediately preceding the operative date of this section shall remain in effect and are fully enforceable unless and until readopted, amended, or repealed, or until they expire by their own terms. Regulations in the process of adoption pursuant to the authorities vested in the state board shall continue under the authority of the state board unless and until the state board determines otherwise. Any other administrative action adopted, prescribed, taken, or performed by, or on behalf of, the State Department of Public Health, or its director, in the administration of a program or the performance of a duty, responsibility, or authorization transferred to the state board shall remain in effect and shall be deemed to be an action of the state board unless and until the state board determines otherwise. (e) Permits, licenses, accreditations, certificates, and other formal approvals and authorizations issued by the State Department of Public Health, any of its predecessors, or its director pursuant to authorities vested in the state board pursuant to this section are not affected by the transfer and remain in effect, subject to all applicable laws and regulations, unless and until renewed, reissued, revised, amended, suspended, or revoked by the state board or its deputy director, as authorized pursuant to subdivision (k). (f) Any action or proceeding by or against the State Department of Public Health, including any officer or employee of the State Department of Public Health named in an official capacity, or any of its predecessors, pertaining to matters vested in the state board by this section shall not abate, but shall continue in the name of the state board. The state board shall be substituted for the State Department of Public Health, including any officer or employee of the State Department of Public Health named in an official capacity, and any of its predecessors, by the court or agency where the action or proceeding is pending. The substitution shall not in any way affect the rights of the parties to the action or proceeding. (g) On and after the operative date of this section, the unexpended balance of all funds available for use by the State Department of Public Health or any of its predecessors in carrying out any functions transferred to the state board are available for use by the state board. (h) Books, documents, data, records, and property of the State Department of Public Health pertaining to functions transferred to the state board shall be transferred to the state board. This subdivision does not transfer any part of property commonly known as the Richmond Campus that is owned by the State Public Works Board. (i) A contract, lease, license, or any other agreement, including local primacy agreements, as described in Section 116330, to which the State Department of Public Health, any of its predecessors, its director, or their agents, is a party, are not void or voidable by reason of this section, but shall continue in full force and effect, with the state board assuming all of the rights, obligations, liabilities, and duties of the State Department of Public Health and any of its predecessors as it relates to the duties, powers, purposes, responsibilities, and jurisdiction vested in the state board pursuant to this section. This assumption does not affect the rights of the parties to the contract, lease, license, or agreement. (j) If the Department of Water Resources entered into agreements on behalf of the State Department of Public Health or its predecessor, the State Department of Health Services, pursuant to Chapter 4.5 (commencing with Section 116760), the state board shall also succeed the Department of Water Resources as a party to those agreements and to all related security instruments, including, but not limited to, fiscal services agreements, deeds of trust, guarantees, letters of credit, and deposit control agreements. (k) (1) The state board shall appoint a deputy director who reports to the executive director to oversee the issuance and enforcement of public water system permits and other duties as appropriate. The deputy director shall have public health expertise. (2) The deputy director is delegated the state board’s authority to provide notice, approve notice content, approve emergency notification plans, and take other action pursuant to Article 5 (commencing with Section 116450), to issue, renew, reissue, revise, amend, or deny any public water system permits pursuant to Article 7 (commencing with Section 116525), to suspend or revoke any public water system permit pursuant to Article 8 (commencing with Section 116625), and to issue citations, assess penalties, or issue orders pursuant to Article 9 (commencing with Section 116650). Decisions and actions of the deputy director taken pursuant to Article 5 (commencing with Section 116450) or Article 7 (commencing with Section 116525) are deemed decisions and actions taken by the state board, but are not subject to reconsideration by the state board except as provided in Section 116540. Decisions and actions of the deputy director taken pursuant to Article 8 (commencing with Section 116625) and Article 9 (commencing with Section 116650) are deemed decisions and actions taken by the state board, but any aggrieved person may petition the state board for reconsideration of the decision or action. This subdivision is not a limitation on the state board’s authority to delegate any other powers and duties. (3) The state board shall not delegate any authority, duty, power, purpose, function, or responsibility specified in this section, including, but not limited to, issuance and enforcement of public water system permits, to the regional water quality control boards. (Amended by Stats. 2017, Ch. 327, Sec. 26. (AB 1438) Effective January 1, 2018.)
  128. 116275.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines key drinking-water terms used in the chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116275. 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 customer’s piping or constructed conveyance, and the water system’s 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. (Amended by Stats. 2023, Ch. 810, Sec. 1. (AB 664) Effective January 1, 2024.)
  129. 116276.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The state board must create and run a grant program for improving drinking water access and quality in public schools, with priorities, limits, and public input steps.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116276. (a) The state board shall establish a program, in consultation with the State Department of Education, to award grants to local educational agencies for the purposes of improving access to, and the quality of, drinking water in public schools consistent with the Legislature’s intent that school facilities be maintained in “good repair,” as defined in paragraph (1) of subdivision (d) of Section 17002 of the Education Code. Eligible entities shall be limited to local educational agencies serving kindergarten or any of grades 1 to 12, inclusive, and preschools and child day care facilities, as defined in Section 1596.750, located on public school property. The program shall include, but not be limited to, funding for at least one of the following: (1) Installation of water bottle filling stations. (2) Installation or replacement of drinking water fountains with devices that are capable of removing contaminants that are present in the facility’s water supply. (3) Installation of point-of-entry or point-of-use treatment devices for drinking fountains, and up to three years of postinstallation replacement filters, and operation, maintenance, and monitoring of the devices, including training on how to operate and maintain the treatment devices and community outreach and education about their use. (b) The state board shall implement the program by taking actions that include, but are not necessarily limited to, the development of procedures and guidelines for the submission of grant applications and criteria for the evaluation of those applications. (c) (1) In developing the procedure for awarding grants pursuant to this section, the state board shall do all of the following: (A) Set requirements for grant recipients to adopt a program for inspecting and maintaining any water treatment device funded by the grant. (B) Establish a maximum grant amount. (C) Give priority to each of the following: (i) Projects for schools within, or serving pupils from, a small disadvantaged community, as defined in Section 13193.9 of the Water Code. (ii) Projects that have high effectiveness in increasing access to safe drinking water at schools. (2) In developing the procedure for awarding grants pursuant to this section, the state board may require applicants to commit additional resources to the project, except that the state board shall not require matching funds for local educational agencies serving small disadvantaged communities or interfere with the prioritization of grant funding to small disadvantaged communities. (d) (1) Procedures and guidelines for the program developed by the state board under this section are not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (2) Before finalizing the procedures and guidelines for the distribution of grants pursuant to this section, the state board shall hold at least one public meeting to receive and consider public comment on the draft procedures and guidelines. (e) The state board shall provide technical assistance to applicants, including completing applications, overseeing installations, and assisting with operation and maintenance. (f) A contract entered into under the authority of this section is not be subject to Section 10295 of the Public Contract Code. (Added by Stats. 2016, Ch. 29, Sec. 32. (SB 828) Effective June 27, 2016.)
  130. 116277.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A community water system must gather and report lead-sampling outreach information, submit it to the state board, and later include a website statement and link in its annual consumer confidence report. The state board must also publish the submitted information online and provide website features that help the public understand lead test results.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116277. (a) (1) When making outreach attempts to elementary schools and childcare facilities for the purposes of offering lead sampling in drinking water, pursuant to Sections 141.90(i) and 141.92 of Title 40 of the Code of Federal Regulations, a community water system shall do both of the following: (A) Compile all of the following information: (i) The number and names of schools and childcare facilities served by the water system. (ii) The number and names of schools and childcare facilities sampled in the previous year. (iii) The number and names of elementary schools and childcare facilities that declined sampling. (iv) The number and names of elementary schools and childcare facilities that did not respond to outreach attempts for sampling. (v) Information that pertains to outreach attempts for sampling that were declined or not responded to by an elementary school or childcare facility. (vi) Sampling results from sampled schools and childcare facilities. (B) Provide elementary schools and childcare facilities that decline lead testing with an opportunity to provide information about their reasons for declining by allowing them to select from a list that includes all of the following options: (i) All drinking and food preparation water outlets were tested for lead within the last five years under an independent program in which the elementary school or childcare facility participated. (ii) The elementary school or childcare facility already maintains a routine water quality testing program, inclusive of lead sampling in drinking water. (iii) The elementary school or childcare facility is participating in another government-funded water quality program that is inclusive of lead sampling in drinking water. (iv) The elementary school or childcare facility has opted to coordinate testing for lead in drinking water with a third-party vendor for operational reasons. (v) The elementary school or childcare facility was constructed after January 1, 2010. (vi) The elementary school or childcare facility was modernized after January 1, 2010, and the elementary school or childcare facility was fully replumbed as part of the modernization. (vii) All drinking and food preparation water outlets were installed after January 1, 2010, and all of those outlets are connected to plumbing that was installed or replaced after January 1, 2010. (viii) The elementary school or childcare facility uses bottled water, water that is filtered with a point-of-use water filtration device certified to meet NSF/ANSI standards for lead and particulate reduction, or both, for all drinking water and food preparation purposes. (ix) The elementary school or childcare facility is currently undergoing major modernization or construction. (x) Logistical barriers such as timing, access, or personnel coordination prevent the elementary school or childcare facility from participating in the community water system’s offer to test. (2) (A) If a community water system has received a written waiver from the state board exempting it from lead sampling requirements pursuant to Section 141.92 of Title 40 of the Code of Federal Regulations, the community water system shall be exempt from the requirements under subparagraphs (A) and (B) of paragraph (1) for the subset of schools or childcare facilities to which the waiver applies. (B) The state board may issue a statewide written waiver exempting more than one community water system from lead sampling requirements pursuant to Section 141.92 of Title 40 of the Code of Federal Regulations, for community water systems subject to a statewide sampling law or program, through the policy handbook adopted pursuant to paragraph (3) of subdivision (b). (b) (1) Notwithstanding paragraph (2) of subdivision (a), a community water system shall submit all of the information that it compiles or that is provided to it pursuant to paragraph (1) of subdivision (a) to the state board pursuant to a process specified by the state board. (2) The state board may add additional reasons for declining lead testing to the list specified in subparagraph (B) of paragraph (1) of subdivision (a). (3) The state board may implement this subdivision through the adoption of a policy handbook. The policy handbook shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) On or before June 30, 2028, the state board shall make all of the information submitted to it pursuant to paragraph (1) of subdivision (b) publicly available in a searchable format on its internet website. In order to aid members of the public in understanding this information, the state board shall do all of the following: (1) To the extent possible, present sampling results on its internet website as a specific value and not in a format that uses the mathematical symbol meaning less than. (2) Bold or otherwise highlight on its internet website sampling results that are above five parts per billion. (3) Indicate whether a test result represents an exceedance of the action level for lead in drinking water under the federal Lead and Copper Rule. (4) Provide information on its internet website that explains the health harms posed by lead in drinking water and that even low blood lead levels can result in lasting cognitive impairment in children. (d) On or before December 31, 2028, a community water system shall include both of the following in its annual consumer confidence report prepared pursuant to Article 20 (commencing with Section 64480) Chapter 15 of Division 4 of Title 22 of the California Code of Regulations: (1) A written statement that information pertaining to lead testing in schools and childcare facilities, including the names of schools and childcare facilities that received testing from community water systems, is available on the state board’s internet website. (2) A direct link to the state board’s internet website, developed pursuant to subdivision (c). (e) This section shall not be construed as altering the compliance dates specified in Sections 141.90(i) and 141.92 of Title 40 of the Code of Federal Regulations. (f) For purposes of this section, “childcare facility,” “elementary school,” and “school” have the same meanings as those terms are defined in Section 141.2 of Title 40 of the Code of Federal Regulations. (Added by Stats. 2025, Ch. 290, Sec. 2. (AB 1096) Effective January 1, 2026.)
  131. 116280.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This chapter does not apply to certain public water systems that only have distribution and storage facilities, get all their water from another covered public water system, and do not sell water to anyone.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116280. This chapter does not apply to a public water system that meets all of the following conditions: (a) Consists only of distribution and storage facilities and does not have any collection and treatment facilities. (b) Obtains all of its water from, but is not owned or operated by, a public water system to which this chapter applies. (c) Does not sell water to any person or user. For purposes of this subdivision, sale of water shall not include the sale of water, obtained from a public water system that is subject to this chapter, through a submetered distribution system if each user of the system is charged no more than the rate the user would be charged by the public water system. By enacting this subdivision, it is not the intent of the Legislature to change existing law as to responsibility or liability for distribution systems beyond the mastermeter. (Amended by Stats. 2011, Ch. 516, Sec. 2. (AB 1194) Effective January 1, 2012.)
  132. 116285.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Before August 6, 1998, this chapter does not apply to an irrigation canal system if the owner or operator certifies to the department and gives each user written notice that the water is untreated and only for agricultural purposes.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116285. Before August 6, 1998, this chapter shall not apply to an irrigation canal system if the owner or operator of the system certifies to the department, and notifies each user, in writing, that the water is untreated and is being furnished or supplied solely for agricultural purposes to either of the following: (a) A user where the user receives the water, by pipe or otherwise, directly from the irrigation canal system. (b) A person who owns or operates an integrated pipe system where the person receives the water, by pipe or otherwise, directly from the irrigation canal system. “Irrigation canal system,” as used in this section, means a system of water conveyance facilities, including pipes, tunnels, canals, conduits, pumping plants and related facilities operated to furnish or supply water for agricultural purposes where a substantial portion of the facilities is open to the atmosphere. (Amended by Stats. 1997, Ch. 734, Sec. 2. Effective October 7, 1997.)
  133. 116286.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A qualifying water district is not treated as a public water system if the department determines one of the listed water-quality protection conditions is met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116286. (a) A water district, as defined in subdivision (b), in existence prior to May 18, 1994, that provides primarily agricultural services through a piped water system with only incidental residential or similar uses shall not be considered to be a public water system if the department determines that either of the following applies: (1) The system is providing alternative water for residential or similar uses for drinking water and cooking to achieve the equivalent level of public health protection provided by the applicable primary drinking water regulations. (2) 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. (b) For purposes of this section, “water district” means any district or other political subdivision, other than a city or county, a primary function of which is irrigation, reclamation, or drainage of land. (Amended by Stats. 2021, Ch. 64, Sec. 1. (AB 1428) Effective January 1, 2022.)
  134. 116287.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must set and review requirements for affected public water systems and water districts, and may require reasonable corrective actions. Water systems or districts may record a noncompliance notice, must mail notice to owners, and must file a compliance notice within 10 days after finding compliance.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116287. (a) The department, in implementing subdivision (s) of Section 116275 and Section 116286, shall place requirements on affected public water systems and water districts that are consistent with this chapter and the guidelines established by the United States Environmental Protection Agency for implementing comparable provisions of the federal Safe Drinking Water Act of 1996. (b) The department, in making the determinations specified in paragraphs (2) and (3) of subdivision (s) of Section 116275 and subdivisions (a) and (b) of Section 116286, shall utilize criteria that are consistent with this chapter and those used by the United States Environmental Protection Agency in administering the comparable provisions of the federal Safe Drinking Water Act. (c) The department shall periodically monitor and review the conditions under which a public water system, or a water district as defined in subdivision (b) of Section 116286, has met the requirements of this chapter pursuant to subdivision (s) of Section 116275 or Section 116286, or pursuant to the federal act, to ensure that the conditions continue to be met. (d) The department may prescribe reasonable, feasible, and cost-effective actions to be taken by a public water system, water district, as defined in subdivision (b) of Section 116286, or users subject to subdivision (s) of Section 116275 or Section 116286 to ensure that alternative water or treated water provided by the water systems, water districts, or users pursuant to Section 116275 or 116286 will not be injurious to health. (e) A notice prominently titled “Notice of Noncompliance with Safe Drinking Water Requirements” at the top of the document that states the requirements and actions prescribed by the department under subdivisions (a) and (d), describes the real property by assessors parcel number or legal description to which these requirements and actions apply, and names the record owners of that real property, may be recorded by the affected public water system or water district in the county where the real property is located. Recordation and proper indexing, as prescribed by law, shall provide constructive notice of these requirements and actions and shall not constitute a title defect, lien, or encumbrance. The public water system or water district shall provide notice of this recordation to the record owners of the real property by first-class mail, postage prepaid, to the address as shown on the latest county assessment roll. If the public water system or water district later determines that the record owners of the real property have complied with the requirements and actions prescribed by the department, the public water system or water district, within 10 days of that determination, shall record a subsequent notice titled “Notice of Compliance with Safe Drinking Water Requirements” that states that the “Notice of Noncompliance with Safe Drinking Water Requirements” has no further force or effect. (f) A water district subject to this section shall annually publish a notice in a newspaper of general circulation describing any requirements and actions prescribed by the department to be taken by the water district and any record of compliance by the water district with these requirements and actions. (g) This section shall not relieve a water district from complying with any other provisions of law. (Amended by Stats. 2003, Ch. 167, Sec. 1. Effective January 1, 2004.)
  135. 116290.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    In certain primarily agricultural water-service areas, this chapter does not apply unless the department has found application necessary for public health and given written notice; the department may also require reasonable and feasible actions to protect domestic water quality.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116290. Before August 6, 1998, in areas where the water service rendered by a person is primarily agricultural, and domestic service is only incidental thereto, this chapter shall not apply except in specific areas in which the department has found its application to be necessary for the protection of the public health and has given written notice thereof to the person furnishing or supplying water in the area. The department may prescribe reasonable and feasible action to be taken by those persons or the users to insure that their domestic water will not be injurious to health. (Amended by Stats. 1997, Ch. 734, Sec. 5. Effective October 7, 1997.)
  136. 116293.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section requires the Office of Environmental Health Hazard Assessment to do a risk assessment and adopt a perchlorate public health goal, and requires the department to adopt a perchlorate drinking water standard.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Pure and Safe Drinking Water [116270 - 116293] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116293. (a) On January 1, 2003, the Office of Environmental Health Hazard Assessment shall perform a risk assessment and, based upon that risk assessment, shall adopt a public health goal based exclusively on public health consideration for perchlorate using the criteria set forth in subdivision (c) of Section 116365. (b) On or before January 1, 2004, the department shall adopt a primary drinking water standard for perchlorate found in public water systems in California in a manner that is consistent with this chapter. (Added by Stats. 2002, Ch. 425, Sec. 2. Effective January 1, 2003.)
  137. 116325.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Department and Local Responsibilities [116325 - 116345] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must ensure public water systems comply with this chapter and related regulations, and it directly enforces the chapter except as provided in Section 116500.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Department and Local Responsibilities [116325 - 116345] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116325. The department shall be responsible for ensuring that all public water systems are operated in compliance with this chapter and any regulations adopted hereunder. The department shall directly enforce this chapter for all public water systems except as set forth in Section 116500. (Amended by Stats. 1997, Ch. 734, Sec. 7. Effective October 7, 1997.)
  138. 116326.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Department and Local Responsibilities [116325 - 116345] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must prioritize funding and encourage or support consolidation-related projects for small community water systems serving disadvantaged communities.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Department and Local Responsibilities [116325 - 116345] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116326. In administering programs to fund improvements and expansions of small community water systems, the department shall do all of the following: (a) Give priority to funding projects in disadvantaged communities. (b) Encourage the consolidation of small community water systems that serve disadvantaged communities in instances where consolidation will help the affected agencies and the state to meet all of the following goals: (1) Improvement in the quality of water delivered. (2) Improvement in the reliability of water delivery. (3) Reduction in the cost of drinking water for ratepayers. (c) Pursuant to subdivision (b), allow funding for feasibility studies performed prior to a construction project to include studies of the feasibility of consolidating two or more community water systems, at least one of which is a small community water system that serves a disadvantaged community. (d) In instances where it is shown that small community water system consolidation will further the goals of subdivision (b), give priority to funding construction projects that involve the physical restructuring of two or more community water systems, at least one of which is a small community water system that serves a disadvantaged community, into a single, consolidated system. (Added by Stats. 2007, Ch. 614, Sec. 2. Effective January 1, 2008.)
  139. 116330.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Department and Local Responsibilities [116325 - 116345] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may delegate local administration and enforcement of this drinking water chapter to qualified local health officers, but not for community water systems with 200 or more service connections.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Department and Local Responsibilities [116325 - 116345] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116330. (a) The department may delegate primary responsibility for the administration and enforcement of this chapter within a county to a local health officer authorized by the board of supervisors to assume these duties, by means of a local primacy delegation agreement if the local health officer demonstrates that it has the capability to meet the local primacy program requirements established by the department pursuant to subdivision (h) of Section 116375. This delegation shall not include the regulation of community water systems serving 200 or more service connections. The local primacy agreement may contain terms and conditions that the department deems necessary to carry out this chapter. The local primacy agreement shall provide that, although the local primacy agency shall be primarily responsible for administration and enforcement of this chapter for the designated water systems, the department does not thereby relinquish its authority, but rather shall retain jurisdiction to administer and enforce this chapter for the designated water systems to the extent determined necessary by the department. (b) Any local health officer seeking a local primacy delegation shall submit an application to the department. The application shall be submitted by March 1, 1993, for local health officers seeking local primacy agreements for the 1993–94 fiscal year. Thereafter, the application shall be submitted by January 1, of the fiscal year immediately preceding the commencement of the fiscal year for which the local primacy delegation is sought. The application shall be in the format, and shall contain information, required by the department. The department shall approve the application for primacy if the department determines that the local health officer is capable of meeting the primacy program requirements established by the department. (c) A local primacy delegation approved by the department shall remain in effect until any of the following conditions occur: (1) The delegation is withdrawn by mutual agreement. (2) The local primacy agency provides 120-day advance written notice to the department that it no longer wishes to retain local primacy. (3) The department determines that the local primacy agency no longer complies with the department’s local primacy program requirements. The department shall provide written notice to the local primacy agency and the board of supervisors and shall provide an opportunity for a public hearing prior to initiation of any local primacy revocation action by the department. (d) The department shall evaluate the drinking water program of each local primacy agency at least annually. The department shall prepare a report of the evaluation and list any program improvements needed to conform to the department’s local primacy program requirements. A copy of the evaluation report shall be provided to the local primacy agency and the board of supervisors. The local primacy agency shall be granted a reasonable amount of time to make any needed program improvements prior to the initiation of any local primacy revocation actions. (e) To the extent funds are available in the Safe Drinking Water Account, the department shall provide the local primacy agency with an annual drinking water surveillance program grant to cover the cost of conducting the inspection, monitoring, surveillance, and water quality evaluation activities specified in the local primacy agreement. The annual program grant pursuant to this subdivision shall not exceed the amount that the department determines would be necessary for the department to conduct inspection, monitoring, surveillance, and water quality evaluation activities in the absence of a local primacy agreement for those systems in that county. (f) The local primacy agency shall act for the department as the primary agency responsible for the administration and enforcement of this chapter for the specified public water systems and shall be empowered with all of the authority granted to the department by this chapter over those water systems. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  140. 116335.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Department and Local Responsibilities [116325 - 116345] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Public water systems serving Maywood must prepare and submit a study on manganese in the city’s water, and the city council must hold a public hearing on it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Department and Local Responsibilities [116325 - 116345] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116335. (a) The public water systems serving the City of Maywood shall conduct, publish, and submit to the City of Maywood, the State Department of Public Health, the Office of Environmental Health Hazard Assessment, the Senate Committee on Environmental Quality, and the Assembly Committee on Environmental Safety and Toxic Materials a study on the City of Maywood’s water by December 21, 2010, addressing the impacts of manganese on the quality of the City of Maywood’s water. The report shall contain all of the following: (1) Testing information and results on manganese for all of the sources of drinking water for the City of Maywood. (2) The amount of manganese being contributed by each water source that serves the City of Maywood. (3) Immediate and long-term steps that can be taken by the public water systems to reduce the amount of manganese in the drinking water supply to be at least as low as a level that is consistent with the average level in communities within a 20-mile radius of the City of Maywood. (4) Infrastructure improvements that can be made to reach the immediate and long-term goals to reduce the level of manganese and other contaminants in the water to be consistent with the average level in communities within a 20-mile radius of the City of Maywood. (5) Actions that the public water systems will take to pursue funding in order to achieve those improvements. (b) The City Council of Maywood shall conduct a public hearing on the results of the study. (c) The public water systems shall respond in writing to public comments made at the hearing to the City Council of Maywood. (d) The study and comments shall be posted on the public water systems’ Internet Web sites. (e) All current notifications sent to the rate payers within the City of Maywood concerning water contaminants shall also be sent to occupants, in the same manner as set forth in subdivision (f) of Section 116450, and shall be distributed in English and the primary language of the residents of the city as well as posted on the public water systems’ Internet Web sites. (Added by Stats. 2009, Ch. 259, Sec. 2. (AB 890) Effective January 1, 2010.)
  141. 116340.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Department and Local Responsibilities [116325 - 116345] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    State small water systems are generally exempt from this chapter, but the state board must set minimum operating requirements, and those requirements are enforced by local health officials or, where none exist, by the state board.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Department and Local Responsibilities [116325 - 116345] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116340. This chapter shall not apply to state small water systems except as provided under this section: (a) The state board shall adopt regulations specifying minimum requirements for operation of a state small water system. The requirements may be less stringent than the requirements for public water systems as set forth in this chapter. (b) The minimum requirements for state small water systems adopted by the state board pursuant to subdivision (a) shall be enforced by the local health officer or a local health agency designated by the local health officer. In counties that do not have a local health officer, the requirements shall be enforced by the state board. Local health agencies may adopt more stringent requirements for state small water systems than those specified in the state regulations. (c) The reasonable costs of the local health officer in carrying out the requirements of this section may be recovered through the imposition of fees on state small water systems by the local governing body in accordance with Section 101325. (d) Sections 116400, 116530, 116665, and 116735 and Article 10 (commencing with Section 116700) apply to a state small water system to the same extent as those sections apply to a public water system. Section 116650 applies to a state small system for a violation of a requirement or order that applies to a state small system under this section. (e) This section does not limit the remedies available, civil or criminal, for violations or requirements of this chapter that apply to a state small water system or for consistent failure to provide an adequate supply of safe drinking water. (Amended by Stats. 2021, Ch. 187, Sec. 2. (SB 776) Effective January 1, 2022.)
  142. 116341.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Department and Local Responsibilities [116325 - 116345] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A public water system is protected from being treated as violating the hexavalent chromium drinking water standard while it is implementing, or waiting for action on, a state board-approved compliance plan, if it meets the total chromium MCL standard and the plan is not rejected.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Department and Local Responsibilities [116325 - 116345] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116341. (a) Except as provided in subdivision (e) and subject to subdivision (b), a public water system shall not be determined, held, considered, or otherwise deemed in violation of the primary drinking water standard for hexavalent chromium while implementing a state board approved compliance plan. A public water system that has submitted a compliance plan for approval shall not be determined, held, considered, or otherwise deemed in violation of the primary drinking water standard for hexavalent chromium while state board action on the proposed and submitted compliance plan is pending. (b) This section only applies to a public water system that meets the total chromium maximum contaminant level (MCL) enforceable standard for drinking water in California. (c) This section does not affect the state’s requirements for establishing drinking water standards for contaminants in drinking water. This section does not apply to any contaminants other than hexavalent chromium. (d) This section shall not apply if a hexavalent chromium MCL compliance plan is rejected by the state board. (e) This section does not affect the authority of the state board or the Attorney General to enforce any applicable law or regulation regarding hexavalent chromium, including a state board-approved hexavalent chromium MCL compliance plan. (Added by Stats. 2025, Ch. 320, Sec. 1. (SB 466) Effective January 1, 2026.)
  143. 116345.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Department and Local Responsibilities [116325 - 116345] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The local health officer must send monthly compliance reports to the department, and the department must review the local health officer’s public water system program at least every three years.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Department and Local Responsibilities [116325 - 116345] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116345. (a) The local health officer shall submit a report monthly to the department regarding the status of compliance with this chapter by the public water systems under the jurisdiction of the local health officer. The report shall be in a form and manner prescribed by the department. (b) The department shall review the public water system program of the local health officer at least every three years to assure compliance with this chapter. A report of the findings of the review along with any recommendations of the department shall be provided to the local health officer and the board of supervisors. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  144. 116350.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must administer drinking water laws and regulations, enforce the Safe Drinking Water Act, and adopt regulations to implement the chapter. It may also study private domestic water wells.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116350. (a) The department shall administer the provisions of this chapter and all other provisions relating to the regulation of drinking water to protect public health. (b) The department shall also have the following responsibilities: (1) Conduct research, studies, and demonstration projects relating to the provision of a dependable, safe supply of drinking water, including, but not limited to, all of the following: (A) Improved methods to identify and measure the existence of contaminants in drinking water and to identify the source of the contaminants. (B) Improved methods to identify, measure, and assess the potential adverse health effects of contaminants in drinking water. (C) New methods of treating raw water to prepare it for drinking, so as to improve the efficiency of water treatment and to remove or reduce contaminants. (D) Improved methods for providing a dependable, safe supply of drinking water, including improvements in water purification and distribution, and methods of assessing health-related hazards. (E) Improved methods of protecting the water sources of public water systems from contamination. (F) Alternative disinfection technologies that minimize, reduce, or eliminate hazardous disinfection byproducts. (2) Enforce provisions of the federal Safe Drinking Water Act and regulations adopted pursuant thereto. (3) Adopt regulations to implement this chapter. (c) The department may conduct studies and investigations as it deems necessary to assess the quality of private domestic water wells. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  145. 116355.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The state board must submit a comprehensive Safe Drinking Water Plan to the Legislature every five years.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116355. (a) Once every five years the state board shall submit to the Legislature a comprehensive Safe Drinking Water Plan for California. (b) The Safe Drinking Water Plan shall include, but not be limited to, the following information: (1) An analysis of the overall quality of California’s drinking water and the identification of specific water quality problems. (2) Types and levels of contaminants found in public drinking water systems that have less than 10,000 service connections. The discussion of these water systems shall include the following: (A) Estimated costs of requiring these systems to meet primary drinking water standards and public health goals. (B) Recommendations for actions that could be taken by the Legislature, the department, and these systems to improve water quality. (3) A discussion and analysis of the known and potential health risks that may be associated with drinking water contamination in California. (4) An evaluation of how existing water quality information systems currently maintained by local or state agencies can be more effectively used to protect drinking water. (5) An evaluation of the research needed to develop inexpensive methods and instruments to ensure better screening and detection of waterborne chemicals, and inexpensive detection methods that could be used by small utilities and consumers to detect harmful microbial agents in drinking water. (6) An analysis of the technical and economic viability and the health benefits of various treatment techniques that can be used to reduce levels of trihalomethanes, lead, nitrates, synthetic organic chemicals, micro-organisms, and other contaminants in drinking water. (7) A discussion of alternative methods of financing the construction, installation, and operation of new treatment technologies, including, but not limited to user charges, state or local taxes, state planning and construction grants, loans, and loan guarantees. (8) A discussion of sources of revenue presently available, and projected to be available, to public water systems to meet current and future expenses. (9) An analysis of the current cost of drinking water paid by residential, business, and industrial consumers based on a statewide survey of large, medium, and small public water systems. (10) Specific recommendations, including recommendations developed pursuant to paragraph (6), to improve the quality of drinking water in California and a detailed five-year implementation program. (11) A review of the use of administrators pursuant to Section 116686 in the state, including, but not limited to, the number of communities that have achieved access to safe drinking water through use of an administrator, the costs and duties of the administrator and a comparison of costs, whether rate structures for communities served by an administrator have resulted in significantly higher rates and whether those rates are affordable, and whether the administrator program should be modified to better serve communities. (12) A review of the consolidations pursuant to Section 116682 in the state, including, but not limited to, the number of communities that have achieved access to safe drinking water through consolidation, whether rate structures for communities are affordable following consolidation, barriers to consolidation, and whether the consolidation program should be modified to better serve communities. (Amended by Stats. 2018, Ch. 871, Sec. 1. (AB 2501) Effective January 1, 2019.)
  146. 116360.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must reduce public-health risks from cryptosporidium and giardia in drinking water and may order public water systems to conduct sanitary surveys.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116360. (a) The department shall take all reasonable measures it determines necessary to reduce the risk to public health from waterborne illnesses in drinking water caused by cryptosporidium and giardia, to the extent those micro-organisms are not yet able to be adequately controlled through existing drinking water treatment and other management practices. (b) The department shall directly conduct, or order the state’s public water systems to conduct, comprehensive sanitary surveys, as present resources permit, to identify risks to public health from cryptosporidium and giardia. (c) To thoroughly address the public health risks currently posed by cryptosporidium, in particular, the department shall ensure that its initial cryptosporidium action plan, that has been circulated to public water systems serving more than 1,000 service connections, is comprehensively implemented and shall devise and implement necessary strategies for protecting the health of individuals served by smaller public water systems from cryptosporidium exposure. (Amended by Stats. 2004, Ch. 193, Sec. 122. Effective January 1, 2005.)
  147. 116361.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section requires state officials and water systems to speed up work on arsenic standards and related consumer-report language.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116361. (a) The Office of Environmental Health Hazard Assessment shall place a priority on the development of a public health goal for arsenic in drinking water, pursuant to subdivision (c) of Section 116365, sufficient to allow it to adopt the goal no later than December 31, 2002. (b) Commencing January 1, 2002, the department shall commence the process for revising the existing primary drinking water standard for arsenic, and shall adopt a revised standard for arsenic not later than June 30, 2004. In considering the technological and economic feasibility of compliance with the proposed standard pursuant to paragraph (3) of subdivision (b) of Section 116365, the department shall consider emerging technologies that may cost-effectively reduce exposure to arsenic in drinking water. (c) On or before December 31, 2002, the Secretary for Environmental Protection shall develop language regarding the health effects associated with the ingestion of arsenic in drinking water for inclusion in consumer confidence reports pursuant to Section 116470. On and after July 1, 2003, this language shall be included in the consumer confidence reports mailed or delivered to customers by each water system that measures arsenic in finished water at levels that exceed the applicable public health goal. (d) The language developed by the Secretary for Environmental Protection for use in consumer confidence reports to describe the health effects associated with the ingestion of arsenic in drinking water shall be developed in accordance with primacy requirements described in subdivision (e) of Section 141.151 and subsections (b), (c), and (d) of Section 142.12 of Title 40 of the Code of Federal Regulations. (e) Nothing in this section affects or changes the date for implementation of a revised arsenic standard by public water systems as required in Parts 9, 141, and 142 of Title 40 of the Code of Federal Regulations. (Added by Stats. 2001, Ch. 604, Sec. 2. Effective January 1, 2002.)
  148. 116365.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The state board must set and review drinking water standards, and OEHHA must prepare and publish supporting public health risk assessments and goals.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116365. (a) The state board shall adopt primary drinking water standards for contaminants in drinking water that are based upon the criteria set forth in subdivision (b) and shall not be less stringent than the national primary drinking water standards adopted by the United States Environmental Protection Agency. A primary drinking water standard adopted by the state board shall be set at a level that is as close as feasible to the corresponding public health goal placing primary emphasis on the protection of public health, and that, to the extent technologically and economically feasible, meets all of the following: (1) With respect to acutely toxic substances, avoids any known or anticipated adverse effects on public health with an adequate margin of safety. (2) With respect to carcinogens, or any substances that may cause chronic disease, avoids any significant risk to public health. (b) The state board shall consider all of the following criteria when it adopts a primary drinking water standard: (1) The public health goal for the contaminant published by the Office of Environmental Health Hazard Assessment pursuant to subdivision (c). (2) The national primary drinking water standard for the contaminant, if any, adopted by the United States Environmental Protection Agency. (3) The technological and economic feasibility of compliance with the proposed primary drinking water standard. For the purposes of determining economic feasibility pursuant to this paragraph, the state board shall consider the costs of compliance to public water systems, customers, and other affected parties with the proposed primary drinking water standard, including the cost per customer and aggregate cost of compliance, using best available technology. (c) (1) The Office of Environmental Health Hazard Assessment shall prepare and publish an assessment of the risks to public health posed by each contaminant for which the state board proposes a primary drinking water standard. The risk assessment shall be prepared using the most current principles, practices, and methods used by public health professionals who are experienced practitioners in the fields of epidemiology, risk assessment, and toxicology. The risk assessment shall contain an estimate of the level of the contaminant in drinking water that is not anticipated to cause or contribute to adverse health effects, or that does not pose any significant risk to health. This level shall be known as the public health goal for the contaminant. The public health goal shall be based exclusively on public health considerations and shall be set in accordance with all of the following: (A) If the contaminant is an acutely toxic substance, the public health goal shall be set at the level at which no known or anticipated adverse effects on health occur, with an adequate margin of safety. (B) If the contaminant is a carcinogen or other substance that may cause chronic disease, the public health goal shall be set at the level that, based upon currently available data, does not pose any significant risk to health. (C) To the extent information is available, the public health goal shall take into account each of the following factors: (i) Synergistic effects resulting from exposure to, or interaction between, the contaminant and one or more other substances or contaminants. (ii) Adverse health effects the contaminant has on members of subgroups that comprise a meaningful portion of the general population, including, but not limited to, infants, children, pregnant women, the elderly, individuals with a history of serious illness, or other subgroups that are identifiable as being at greater risk of adverse health effects than the general population when exposed to the contaminant in drinking water. (iii) The relationship between exposure to the contaminant and increased body burden and the degree to which increased body burden levels alter physiological function or structure in a manner that may significantly increase the risk of illness. (iv) The additive effect of exposure to the contaminant in media other than drinking water, including, but not limited to, exposures to the contaminant in food, and in ambient and indoor air, and the degree to which these exposures may contribute to the overall body burden of the contaminant. (D) If the Office of Environmental Health Hazard Assessment finds that currently available scientific data are insufficient to determine the level of a contaminant at which no known or anticipated adverse effects on health will occur, with an adequate margin of safety, or the level that poses no significant risk to public health, the public health goal shall be set at a level that is protective of public health, with an adequate margin of safety. This level shall be based exclusively on health considerations and shall, to the extent scientific data is available, take into account the factors set forth in clauses (i) to (iv), inclusive, of subparagraph (C), and shall be based on the most current principles, practices, and methods used by public health professionals who are experienced practitioners in the fields of epidemiology, risk assessment, and toxicology. However, if adequate scientific evidence demonstrates that a safe dose response threshold for a contaminant exists, then the public health goal should be set at that threshold. The state board may set the public health goal at zero if necessary to satisfy the requirements of this subparagraph. (2) The determination of the toxicological endpoints of a contaminant and the publication of its public health goal in a risk assessment prepared by the Office of Environmental Health Hazard Assessment are not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The Office of Environmental Health Hazard Assessment and the state board shall not impose any mandate on a public water system that requires the public water system to comply with a public health goal. The Legislature finds and declares that the addition of this paragraph by Chapter 777 of the Statutes of 1999 is declaratory of existing law. (3) (A) The Office of Environmental Health Hazard Assessment shall, at the time it commences preparation of a risk assessment for a contaminant as required by this subdivision, electronically post on its Internet Web site a notice that informs interested persons that it has initiated work on the risk assessment. The notice shall also include a brief description, or a bibliography, of the technical documents or other information the office has identified to date as relevant to the preparation of the risk assessment and inform persons who wish to submit information concerning the contaminant that is the subject of the risk assessment of the name and address of the person in the office to whom the information may be sent, the date by which the information shall be received in order for the office to consider it in the preparation of the risk assessment, and that all information submitted will be made available to any member of the public who requests it. (B) A draft risk assessment prepared by the Office of Environmental Health Hazard Assessment pursuant to this subdivision shall be made available to the public at least 45 calendar days before the date that public comment and discussion on the risk assessment are solicited at the public workshop required by Section 57003. (C) At the time the Office of Environmental Health Hazard Assessment publishes the final risk assessment for a contaminant, the office shall respond in writing to significant comments, data, studies, or other written information submitted by interested persons to the office in connection with the preparation of the risk assessment. These comments, data, studies, or other written information submitted to the office shall be made available to any member of the public who requests it. (D) After the public workshop on the draft risk assessment, as required by Section 57003, is completed, the Office of Environmental Health Hazard Assessment shall submit the draft risk assessment for external scientific peer review using the process set forth in Section 57004 and shall comply with paragraph (2) of subdivision (d) of Section 57004 before publication of the final public health goal. (d) Notwithstanding any other provision of this section, any maximum contaminant level in effect on August 22, 1995, may be amended by the state board to make the level more stringent pursuant to this section. However, the state board may only amend a maximum contaminant level to make it less stringent if the state board shows clear and convincing evidence that the maximum contaminant level should be made less stringent and the amendment is made consistent with this section. (e) (1) All public health goals published by the Office of Environmental Health Hazard Assessment shall be established in accordance with the requirements of subdivision (c). The office shall determine, at least once every five years, whether there has been a detection of the corresponding contaminant of each public health goal in the preceding five years in the testing required pursuant to this chapter. Each public health goal shall be reviewed at least once every five years unless the office determines, pursuant to this paragraph, that there has not been a detection of the corresponding contaminant in the preceding five years. Reviewed public health goals shall be revised, pursuant to subdivision (c), as necessary based upon the availability of new scientific data. (2) On or before January 1, 1998, the Office of Environmental Health Hazard Assessment shall publish a public health goal for at least 25 drinking water contaminants for which a primary drinking water standard has been adopted by the state board. The office shall publish a public health goal for 25 additional drinking water contaminants by January 1, 1999, and for all remaining drinking water contaminants for which a primary drinking water standard has been adopted by the state board by no later than December 31, 2001. A public health goal shall be published by the Office of Environmental Health Hazard Assessment at the same time the state board proposes the adoption of a primary drinking water standard for any newly regulated contaminant. (f) The state board or Office of Environmental Health Hazard Assessment may review, and adopt by reference, any information prepared by, or on behalf of, the United States Environmental Protection Agency for the purpose of adopting a national primary drinking water standard or maximum contaminant level goal when it establishes a California maximum contaminant level or publishes a public health goal. (g) At least once every five years after adoption of a primary drinking water standard, the state board shall review the primary drinking water standard and shall, consistent with the criteria set forth in subdivisions (a) and (b), amend any standard if either of the following occur: (1) Changes in technology or treatment techniques that permit a materially greater protection of public health or attainment of the public health goal. (2) New scientific evidence that indicates that the substance may present a materially different risk to public health than was previously determined. (h) No later than March 1 of every year, the state board shall provide public notice of each primary drinking water standard it proposes to review in that year pursuant to this section. Thereafter, the state board shall solicit and consider public comment and hold one or more public hearings regarding its proposal to either amend or maintain an existing standard. With adequate public notice, the state board may review additional contaminants not covered by the March 1 notice. (i) This section shall operate prospectively to govern the adoption of new or revised primary drinking water standards and does not require the repeal or readoption of primary drinking water standards in effect immediately preceding January 1, 1997. (j) The state board may, by regulation, require the use of a specified treatment technique in lieu of establishing a maximum contaminant level for a contaminant if the state board determines that it is not economically or technologically feasible to ascertain the level of the contaminant. (Amended by Stats. 2018, Ch. 51, Sec. 15. (SB 854) Effective June 27, 2018.)
  149. 116365.01.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The Department of Finance must act within 90 days on certain proposed drinking-water regulations, and if it misses that deadline, the regulations become exempt from the Chapter 3.5 Finance-involvement requirement.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116365.01. (a) (1) Notwithstanding any other provision of law or regulation, including Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, and Part 3 (commencing with Section 13000) of the Government Code, and except as provided in subdivision (b), for any proposed regulation that relates to the maximum contaminant levels for primary or secondary drinking water standards, as defined in subdivisions (c) and (d) of Section 116275, that is submitted by the department to the Office of Administrative Law for review, pursuant to Section 11349.1 of the Government Code, the Department of Finance shall take no longer than 90 days, commencing on the date that the department submits the rule or regulation to the Department of Finance, to do any of the following: (A) Review any estimate pursuant to subdivision (c) of Section 11357 of the Government Code. (B) Provide a letter or documentation, if required, pursuant to Section 11349.1 of the Government Code. (C) Complete any other function in connection with the adoption of proposed regulations that relates to the maximum contaminant levels for primary or secondary drinking water standards, as required pursuant to any provision of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (D) Return the proposed regulation if the department has not prepared the estimate required by paragraph (6) of subdivision (a) of Section 11346.5 of the Government Code, in accordance with Section 11357 of the Government Code. (2) If the Department of Finance returns the proposed regulation pursuant to subparagraph (D) of paragraph (1), an additional 90 day time period under this section shall begin when the regulations are resubmitted by the department to the Department of Finance. (3) If the Department of Finance takes longer than 90 days to complete any of the functions set forth in subparagraphs (A) to (D), inclusive, of paragraph (1), the proposed regulations shall be exempt from any provision of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code that requires the involvement of the Department of Finance, and the department and the Office of Administrative Law shall proceed with all other applicable procedures in connection with the adoption of proposed regulations. (b) Subdivision (a) shall not apply to any regulation adopted by the department that reduces, weakens, lessens, or otherwise undermines any requirement established pursuant to this chapter for the protection of public health. (Added by Stats. 2007, Ch. 725, Sec. 2. Effective January 1, 2008.)
  150. 116365.02.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may adopt certain federal Safe Drinking Water Act rules and regulations, but not those setting maximum contaminant levels for primary or secondary drinking water standards.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116365.02. (a) The department may adopt, pursuant to subdivision (c) of Section 11346.2 of the Government Code, any rules and regulations promulgated pursuant to the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.), other than those federal rules and regulations that establish maximum contaminant levels for primary and secondary drinking water standards. (b) Rules and regulations adopted pursuant to this subdivision shall not be subject to subparagraphs (C) and (D) of paragraph (3) of subdivision (d) of Section 11349.1 of the Government Code. (Added by Stats. 2007, Ch. 725, Sec. 3. Effective January 1, 2008.)
  151. 116365.03.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The state board may adopt certain emergency drinking-water regulations, but not rules setting maximum contaminant levels for primary or secondary standards.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116365.03. The state board may adopt as an emergency regulation, a regulation, except a regulation that establishes maximum contaminant levels for primary and secondary drinking water standards, that is not more stringent than, and is not materially different in substance and effect than, the requirements of a regulation promulgated pursuant to the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.). The adoption of a regulation pursuant to this section is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted by the state board pursuant to this section is not subject to review by the Office of Administrative Law and shall remain in effect until revised by the state board. (Added by Stats. 2015, Ch. 673, Sec. 5. (AB 1531) Effective January 1, 2016.)
  152. 116365.2.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The Office of Environmental Health Hazard Assessment may give special consideration to certain contaminants, and must assess specified infant- and child-related risk factors when preparing and publishing certain risk assessments, if information is available.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116365.2. (a) In conducting the periodic review and revision of public health goals pursuant to paragraph (1) of subdivision (e) of Section 116365, the Office of Environmental Health Hazard Assessment may give special consideration to those contaminants that, on the basis of currently available data or scientific evidence, cause or contribute to adverse health effects in members of subgroups that comprise a meaningful portion of the general population, including, but not limited to, infants, children, pregnant women, the elderly, individuals with a history of serious illness, or other subgroups that are identifiable as being at greater risk of adverse health effects than the general population when exposed to the contaminant in drinking water. (b) In preparing and publishing risk assessments pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 116365 that involve infants and children, the office shall assess all of the following, to the extent information is available: (1) Exposure patterns, including, but not limited to, patterns determined by relevant data, among bottle-fed infants and children that are likely to result in disproportionately high exposure to contaminants in comparison to the general population. (2) Special susceptibility of infants and children to contaminants in comparison to the general population. (3) The effects on infants and children of exposure to contaminants and other substances that have a common mechanism of toxicity. (4) The interaction of multiple contaminants on infants and children. (Added by Stats. 2004, Ch. 678, Sec. 1. Effective January 1, 2005.)
  153. 116365.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The Department of Health Services must begin adopting a primary drinking water standard for hexavalent chromium, report progress to the Legislature by January 1, 2003, and establish the standard by January 1, 2004.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116365.5. (a) The Department of Health Services shall commence the process for adopting a primary drinking water standard for hexavalent chromium that complies with the criteria established under Section 116365. (b) The department shall report to the Legislature on its progress in developing a primary drinking standard for hexavalent chromium by January 1, 2003. (c) The department shall establish a primary drinking water standard for hexavalent chromium on or before January 1, 2004. (Added by Stats. 2001, Ch. 602, Sec. 1. Effective January 1, 2002.)
  154. 116366.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Public water systems and their customers are not responsible for MTBE remediation or treatment costs, though the system may incur and recover those costs in limited circumstances.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116366. (a) No public water system, or its customers, shall be responsible for remediation or treatment costs associated with MTBE, or a product that contains MTBE, provided, however, that the public water system shall be permitted as necessary to incur MTBE remediation and treatment costs and to include those costs in its customer rates and charges, necessary to comply with drinking water standards or directives of the State Department of Health Services or other lawful authority. Any public water system that incurs MTBE remediation or treatment costs may seek recovery of those costs from parties responsible for the MTBE contamination, or from other available alternative sources of funds. (b) If the public water system has included the costs of MTBE treatment and remediation in its customer rates and charges, and subsequently recovers all or a portion of its MTBE treatment and remediation costs from responsible parties or other available alternative sources of funds, it shall make an adjustment to its schedule of rates and charges to reflect the amount of funding received from responsible parties or other available alternative sources of funds for MTBE treatment or remediation. (c) Subdivision (a) shall not prevent the imposition of liability on any person for the discharge of MTBE if that liability is due to the conduct or status of that person independently of whether the person happens to be a customer of the public water system. (Added by Stats. 1997, Ch. 816, Sec. 6. Effective January 1, 1998.)
  155. 116367.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must create an 11-member Research Advisory Committee and support it with staff and meeting space.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116367.5. The department shall establish a Research Advisory Committee, which shall consist of 11 members. The department shall provide for the support staff and meeting facility needs of the committee. The committee shall meet as necessary to review requests for research projects pursuant to paragraph (4) of subdivision (d) of Section 116367. The committee members shall be appointed by the director and shall consist of the following members: (a) Four members representing public water systems. (b) Four members representing entities paying into the Underground Storage Tank Cleanup Trust Fund created pursuant to Section 25299.50. (c) One member representing environmental interest groups. (d) One member representing consumer interest groups. (e) One member representing the department. (Added by Stats. 1998, Ch. 997, Sec. 8. Effective January 1, 1999.)
  156. 116370.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must, by January 1, 1998, propose, hold a public hearing, and adopt a finding of the best available technology for each contaminant with an adopted primary drinking water standard, and later do so when each standard is adopted.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116370. On or before January 1, 1998, the department shall propose, hold a public hearing, and adopt a finding of the best available technology for each contaminant for which a primary drinking water standard has been adopted. Thereafter, the department shall adopt a finding of the best available technology for each contaminant for which a primary drinking water standard has been adopted at the time the standard is adopted. The finding of the department shall take into consideration the costs and benefits of best available treatment technology that has been proven effective under full-scale field applications. (Amended by Stats. 1996, Ch. 755, Sec. 10. Effective January 1, 1997.)
  157. 116375.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must adopt drinking water regulations and may temporarily order testing for systems with detectable unregulated contaminants.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116375. The department shall adopt regulations it determines to be necessary to carry out the purposes of this chapter. The regulations shall include, but not be limited to, all of the following: (a) The monitoring of contaminants, including the type of contaminant, frequency and method of sampling and testing, and the reporting of results. (b) The monitoring of unregulated contaminants for which drinking water standards have not been established by the department. The requirements shall be not less stringent than those adopted pursuant to paragraph (2) of subsection (a) of Section 1445 of the federal Safe Drinking Water Act, as amended (42 U.S.C. Sec. 300j-4 (a)(2)). Until the time that the department adopts regulations regarding the monitoring of unregulated contaminants, the department may, by order, require any public water system that has been shown to contain detectable levels of any unregulated contaminants to conduct periodic water analyses in accordance with conditions specified by the department. The water analyses shall be reported on a quarterly basis unless the department finds that more or less frequent analysis is necessary. (c) Requirements for the design, operation, and maintenance of public water systems, including, but not limited to, waterworks standards and the control of cross-connections, that the department determines are necessary to obtain, treat, and distribute a reliable and adequate supply of pure, wholesome, potable, and healthy water. (d) Requirements for treatment, including disinfection of water supplies. (e) Requirements for the filtration of surface water supplies at least as stringent as regulations promulgated pursuant to subparagraph (C) of paragraph (7) of subsection (b) of Section 1412 of the federal Safe Drinking Water Act, as amended (42 U.S.C. Sec. 300g-1 (b)(7)(C)). (f) Requirements for notifying the public of the quality of the water delivered to consumers. (g) Minimum acceptable financial assurances that a public water system shall be required to submit as a demonstration of its capability to provide for the ongoing operation, maintenance, and upgrading of the system, including compliance with monitoring and treatment requirements and contingencies. For privately owned systems not regulated by the Public Utilities Commission, the financial assurance may be in the form of a trust fund, surety bond, letter of credit, insurance, or other equivalent financial arrangement acceptable to the department. (h) Program requirements for the conduct of the public water system program by a local health officer under a primacy delegation from the department as set forth in this chapter. The requirements shall include, but not be limited to, the issuance of permits, surveillance and inspections, reporting of monitoring and compliance data, and the taking of enforcement actions. (i) Methods for determination of the number of persons served by a public water system for drinking water regulatory purposes. (j) The adoption by the State Department of Health Services, in consultation with the State Water Resources Control Board and representatives from operators of public water systems, of emergency regulations for the uniform, scientific sampling, and analytical testing protocols for oxygenates as defined in subdivision (l) of Section 51010.5 of the Government Code. (Amended by Stats. 2025, Ch. 529, Sec. 10. (SB 614) Effective January 1, 2026.)
  158. 116376.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The state board must adopt microplastics rules for drinking water, including a definition, testing methodology, testing and reporting requirements, and laboratory accreditation, and may use a policy handbook to implement the section.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116376. (a) The state board, on or before July 1, 2020, shall adopt a definition of microplastics in drinking water. (b) The state board, on or before July 1, 2021, shall do all of the following: (1) Adopt a standard methodology to be used in the testing of drinking water for microplastics. (2) Adopt requirements for four years of testing and reporting of microplastics in drinking water, including public disclosure of those results. (3) If appropriate, consider issuing a notification level or other guidance to aid consumer interpretations of the results of the testing required pursuant to this section. (4) Accredit qualified laboratories in California to analyze microplastics. (c) The state board may implement this section through the adoption of a policy handbook that is not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2018, Ch. 902, Sec. 1. (SB 1422) Effective January 1, 2019.)
  159. 116376.2.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The Office of Environmental Health Hazard Assessment must study microplastics in drinking and bottled water and give biennial status updates and a final report online. The State Water Resources Control Board may ask for a public health goal after considering the study findings.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116376.2. (a) The Office of Environmental Health Hazard Assessment shall study the health effects of microplastics, consistent with Section 116365, in drinking and bottled water to evaluate toxicity characteristics and levels of microplastics in water that are not anticipated to cause or contribute to adverse health effects, or to identify data gaps that would need to be addressed to establish those levels. The Office of Environmental Health Hazard Assessment shall provide biennial status updates that may contain the compilation of findings from the study into a report and post the final report on its internet website. (b) After taking into consideration the findings published pursuant to subdivision (a), the State Water Resources Control Board may request that the Office of Environmental Health Hazard Assessment prepare and publish a public health goal, pursuant to subdivision (c) of Section 116365, for microplastics in drinking water. (Added by Stats. 2024, Ch. 881, Sec. 1. (SB 1147) Effective January 1, 2025.)
  160. 116377.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may adopt emergency regulations to implement amendments to this chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116377. The department may adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, to implement amendments to this chapter. The initial adoption of emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Initial emergency regulations and the first readoption of those regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations and shall remain in effect for not more than 180 days. (Added by Stats. 1996, Ch. 197, Sec. 8. Effective July 22, 1996.)
  161. 116378.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The state board may order public water systems to monitor for certain PFAS substances, and affected systems and laboratories must follow the order’s testing, reporting, and notice requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116378. (a) The state board may order a public water system to monitor for perfluoroalkyl substances and polyfluoroalkyl substances, in accordance with conditions set by the state board. A laboratory that has accreditation or certification pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 shall perform the analysis of any material required by an order to monitor for these substances. The order shall identify the analytical test methods to be used by laboratories and provide for the electronic submission of monitoring results to the state board. (b) An order issued pursuant to subdivision (a) may apply to an individual public water system, specific groups of public water systems, or to all public water systems. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to an order issued pursuant to subdivision (a) to specific groups of public water systems or to all public water systems. All monitoring results shall be submitted to the state board electronically as directed by the state board in its order. (c) (1) If any monitoring undertaken pursuant to an order issued under subdivision (a) results in a confirmed detection, a community water system or a nontransient noncommunity water system shall report that detection in the water system’s annual consumer confidence report. Unless the water source is taken out of use or new data becomes available to show that the response level is no longer being exceeded, the community water system or nontransient noncommunity water system will provide notice of the exceedance of the response level in the water system’s annual consumer confidence report. (2) In addition to the notification pursuant to paragraph (1), for perfluoroalkyl substances and polyfluoroalkyl substances with notification levels, a community water system or a nontransient noncommunity water system shall report the detection if the level exceeds the notification level as required by Section 116455. (3) For perfluoroalkyl substances and polyfluoroalkyl substances with response levels where detected levels of a substance exceed the response level, a community water system or a nontransient noncommunity public water system shall take a water source where detected levels exceed the response level out of use or provide public notification within 30 days of the confirmed detection. For the purposes of this paragraph, notice shall be provided as follows: (A) A community water system shall do the following: (i) Mail or directly deliver notice to each customer receiving a bill, including those that provide drinking water to others, and to other service connections to which water is delivered by the water system. (ii) Email notice to each customer of the water system with an email address known by the water system. (iii) Post the notice on the internet website of the water system. (iv) Use one or more of the following methods to reach persons not likely to be reached by the notice provided in clause (i): (I) Publish notice in a local newspaper for at least seven days. (II) Post notice in conspicuous public places served by the water system for at least seven days. (III) Post notice on an appropriate social media site for at least seven days. (IV) Deliver notice to community organizations. (B) A nontransient noncommunity water system shall do both of the following: (i) Post notice in conspicuous locations throughout the area served by the water system. (ii) Use one or more of the following methods to reach persons not likely to be reached by the notice provided in clause (i): (I) Publish notice in a local newspaper for at least seven days. (II) Publish notice in a newsletter distributed to customers. (III) Send notice by email to employees or students. (IV) Post notice on the internet website of the water system and an appropriate social media site for at least seven days. (V) Deliver notice directly to each customer. (C) A notice shall contain all of the following information: (i) A statement that there was a confirmed detection above the response level, the numeric level of the applicable response level, and the level of the confirmed detection. (ii) A description of the potential adverse health effects as identified by the state board in establishing the notification level or response level. (iii) The population at risk, including subpopulations particularly vulnerable from exposure. (iv) The name, business address, and phone number of the water system owner, operator, or designee, as a source of additional information concerning the notice. (v) A statement to encourage the notice recipient to distribute the notice to other persons served, using the following standard language: “Please share this information with all of the other people who drink this water, especially those who may not have received this public notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.” (vi) Information in Spanish regarding the importance of the notice or a telephone number or address where Spanish-speaking residents may contact the water system to obtain a translated copy of the notice or assistance in Spanish. (vii) If a non-English speaking group other than a Spanish-speaking group exceeds 1,000 residents or 10 percent of the residents served by the water system, either of the following: (I) Information in the appropriate language regarding the importance of the notice. (II) A telephone number or address where a resident may contact the water system to obtain a translated copy of the notice or assistance in the appropriate language. (D) The following requirements apply to a notice provided by a water system: (i) The notice shall be displayed so that it catches people’s attention when printed or posted. (ii) The message in the notice should be understandable at the eighth grade reading level. (iii) The notice shall not contain technical language beyond an eighth grade reading level or print smaller than 12-point type. (iv) The notice shall not contain language that minimizes or contradicts the information provided in the notice. (d) This section is not a substitute for compliance with any requirements of Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code that apply to a community water system or nontransient noncommunity water system. (Amended by Stats. 2020, Ch. 370, Sec. 209. (SB 1371) Effective January 1, 2021.)
  162. 116380.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The State Water Resources Control Board must adopt regulations and emergency regulations on when public water systems may use point-of-entry or point-of-use treatment instead of centralized treatment.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116380. (a) The State Water Resources Control Board shall adopt regulations governing the use of point-of-entry and point-of-use treatment by public water systems in lieu of centralized treatment where it can be demonstrated that centralized treatment is not immediately economically feasible, limited to the following: (1) Water systems with less than 200 service connections. (2) Usage not prohibited by the federal Safe Drinking Water Act and its implementing regulations and guidance. (3) Water systems that have submitted applications for funding to correct the violations for which the point-of-entry and point-of-use treatment is provided. (b) The State Water Resources Control Board shall adopt emergency regulations governing the permitted use of point-of-entry and point-of-use treatment by public water systems in lieu of centralized treatment. (1) The emergency regulations shall comply with Section 116552, and shall comply with all of the requirements set forth in subdivision (a) applicable to nonemergency regulations, but shall not be subject to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The emergency regulations shall take effect when filed with the Secretary of State, and shall be published in the California Code of Regulations. (2) The emergency regulations adopted pursuant to this subdivision shall remain in effect until the earlier of January 1, 2018, or the effective date of regulations adopted pursuant to subdivision (a). (Amended by Stats. 2015, Ch. 663, Sec. 1. (AB 434) Effective October 9, 2015.)
  163. 116385.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Operators of public water systems must obtain and provide water analyses to the state board at their own expense, using a state-board-certified laboratory and following board-prescribed form and timing rules.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116385. (a) Any person operating a public water system shall obtain and provide at that person’s expense an analysis of the water to the state board, in the form, covering those matters, and at intervals as the state board by regulation may prescribe. The analysis shall be performed by a laboratory duly certified by the state board. (b) The adoption of regulations under this section relating to the form or format of, and intervals at which, the analysis shall be provided and any amendments to that regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation or amendments to that regulation adopted by the state board pursuant to this section is not subject to review by the Office of Administrative Law and shall remain in effect until revised by the state board. The state board shall hold a public hearing before adopting the regulations. (Amended by Stats. 2021, Ch. 187, Sec. 3. (SB 776) Effective January 1, 2022.)
  164. 116390.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Certain laboratories must have a department-issued certificate before performing required tests for public water systems, and state persons or entities may not hire a laboratory for certified environmental analyses unless the laboratory holds a valid certificate.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116390. (a) No laboratory, other than a laboratory operated by the department, shall perform tests required pursuant to this chapter for any public water system without first obtaining a certificate issued by the department pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101. (b) No person or public entity of the state shall contract with a laboratory for environmental analyses for which the state department requires certification pursuant to this section, unless the laboratory holds a valid certificate. (Amended by Stats. 1997, Ch. 734, Sec. 8. Effective October 7, 1997.)
  165. 116395.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section sets up a small public water system contamination testing program and assigns the department and local health officers specific evaluation, sampling, testing, and notification duties.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116395. (a) The Legislature finds and declares all of the following: (1) The large water system testing program has discovered chemical contamination of the state’s drinking water with increasing frequency. (2) A significant number of California residents rely on the state’s small water systems to provide their water. (3) The small systems, because they tend to be located in outlying rural areas where pesticide use is prevalent, and because they draw their water from shallow aquifers, face a serious threat of contamination. (4) Unchecked water sources that may be contaminated pose a potentially serious threat to the health of the citizens of California, particularly those living in outlying rural areas. (5) It is in the interest of all Californians that a testing program for small public water systems be implemented and carried out as expeditiously as possible. (b) For purposes of this section, “small public water system” means a system with 200 connections or less, and is one of the following: (1) A community water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents. (2) A state small water system. (3) A noncommunity water system such as a school, labor camp, institution, or place of employment, as designated by the department. (c) The department shall conduct training workshops to assist health officers in evaluation of small public water systems for organic chemical contamination, and in sampling and testing procedures. The department shall, at a minimum, provide health officers with guidelines for evaluating systems and instructions for sampling. (d) The department shall develop a schedule for conduct of the programs by the local health officers. The schedule shall establish a program to address first those systems with the most serious potential for contamination. The department shall enter into agreements with the local health agencies to conduct the necessary work to be performed pursuant to the schedule. The department shall begin the program no later than three months after September 19, 1985. All local health officers shall complete the evaluation, sampling, testing, review of sampling results, and notification to the public water systems within their jurisdiction in accordance with the agreements entered into with the department and within the schedule established by the department. All work required by this section shall be completed within three years after September 19, 1985. (e) In consultation with the department, the local health officer shall conduct an evaluation of all small public water systems under their jurisdictions to determine the potential for contamination of groundwater sources by organic chemicals. The evaluation shall include, but not be limited to: (1) A review of the historical water quality data of each system to determine possible evidence of degradation. (2) A review, to be coordinated with the State Water Resources Control Board, and the California regional water quality control boards, of past and present waste disposal practices that may potentially affect the respective well water supply. (3) A review of other organic chemicals used in the water supply area that have potential health risks and that may have the potential for contaminating drinking water supplies because of environmental persistence or resistance to natural degradation under conditions existing in California. (f) Based upon the evaluation of each system, the local health officers shall develop a sampling plan for each system within their jurisdiction. The health officer shall collect samples in accordance with the plan and shall submit the samples for analysis to a certified laboratory designated by the department. When applicable, the laboratory shall test water samples using the Environmental Protection Agency’s 13 approved analytical techniques established under subdivision (h) of Section 304 of the Clean Water Act to qualitatively identify the complete range of contaminants in the same class as the specific contaminant or class of contaminants being analyzed. (g) Within 10 days of the receipt from the laboratory of the testing results, the local health officer shall notify the small public water system, the department and the California regional water quality control board for that region of the results. (h) Following a review of the testing results, the local health officer may order the public water system to conduct a periodic water sampling and analysis program in accordance with conditions specified by the local health officer. The department shall provide ongoing advice and assistance to local health officers in interpreting test results and determining appropriate notification and followup activities in those instances where contaminants are found. (i) This section shall be operative during any fiscal year only if the Legislature appropriates sufficient funds to pay for all state-mandated costs to be incurred by local agencies pursuant to this section during that year. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  166. 11640.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 12. Clandestine Laboratory Enforcement Program [11640 - 11647] ( Chapter 12 added by Stats. 1986, Ch. 1029, Sec. 1. )

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    This section states the Legislature’s findings about the dangers of clandestine laboratories and says the program is intended to increase funding, training, equipment, personnel, financial assistance, and public awareness.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 12. Clandestine Laboratory Enforcement Program [11640 - 11647] ( Chapter 12 added by Stats. 1986, Ch. 1029, Sec. 1. ) ## 11640. The Legislature finds and declares that there has been a recent and rapid expansion in clandestine laboratories illegally producing a variety of controlled substances. These are increasingly sophisticated operations, frequently located in rural areas or working across jurisdictional lines, which pose substantial dangers to the general public from fire, explosion, and the toxic chemicals involved. The controlled substances these laboratories produce, such as analogs of fentanyl, phencyclidine, and methamphetamine, are extremely difficult to detect and analyze and have caused numerous deaths and serious injuries to those who use them. The Legislature further finds and declares that, given the number and nature of clandestine laboratories, local law enforcement officials in most jurisdictions lack the training, specialized equipment, and resources to adequately enforce existing law. As a result, the public is increasingly endangered by the laboratories themselves while the controlled substances they produce pose a grave danger to those who use them. It is the intent of the Legislature in establishing the Clandestine Laboratory Enforcement Program to provide increased funding for special training, equipment, personnel, and financial assistance to state and local law enforcement officials targeted on the investigation and prosecution of clandestine laboratories. The program shall also increase public awareness of the problems posed by clandestine laboratories and the products they produce. (Added by Stats. 1986, Ch. 1029, Sec. 1.)
  167. 116400.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    If the department finds potential contamination, it may order a public water system to do periodic water testing and report the results quarterly, unless a different frequency is justified.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116400. If the department determines that a public water system is subject to potential contamination, the department may, by order, require the public water system to conduct a periodic water analysis in accordance with conditions specified by the department. The water analysis shall be reported on a quarterly basis, unless the department finds that reasonable action requires either more or less frequent analysis. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  168. 116405.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    In certain small counties, qualifying public water systems are not required to install backflow protection, except when the systems have been interconnected. A person who knowingly interconnects water services on a user’s premises without an approved backflow device commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116405. (a) In counties with a population not exceeding 500,000 persons as shown by the 1970 federal decennial census, any public water system supplying both domestic and untreated irrigation water in separate pressurized systems that were in existence prior to January 1, 1990, and that is operated by an incorporated or unincorporated association of users, shall not require protection against backflow into the domestic water system from premises receiving both the water services and having available no other source of water, except where interconnection between the systems has taken place. It shall be a misdemeanor for any person to knowingly interconnect the water services on a user’s premises without installing a backflow protection device approved by the state department. (b) Regulations of the state department requiring the installation of backflow protection shall not be continued to require the installation of the protection in any public water system described in subdivision (a), except as provided in that subdivision. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  169. 116407.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The state board must adopt backflow protection and cross-connection control standards, and if it uses a policy handbook, that handbook must include those standards and related provisions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operations [116350 - 116407] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116407. (a) On or before January 1, 2020, the state board shall adopt standards for backflow protection and cross-connection control. (b) (1) The state board may implement subdivision (a) through the adoption of a policy handbook that is not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The policy handbook shall include standards for backflow protection and cross-connection control. In developing the standards and any amendments to those standards, the state board shall consult with state and local agencies and other persons whom the state board has identified as having expertise in the subject of backflow protection and cross-connection control. The state board shall hold at least two public hearings before adopting the policy handbook. The policy handbook shall be posted on the board’s internet website. (2) (A) The policy handbook described in this subdivision shall include provisions for the use of a swivel or changeover device to supply potable water to a dual-plumbed system during an interruption in recycled water service. (B) The use of a swivel or changeover device shall be consistent with any notification and backflow protection provisions contained in the policy handbook. (c) (1) Upon the effective date of a policy handbook adopted by the state board pursuant to subdivision (b), the regulations set forth in Article 1 (commencing with Section 7583) and Article 2 (commencing with Section 7601) of Group 4 of Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations shall become inoperative, and, 90 days thereafter, are repealed, unless the state board makes a determination not to repeal a specific regulation. (2) If the state board determines not to repeal a specific regulation pursuant to paragraph (1), the state board shall provide to the Office of Administrative Law and the Secretary of State written notice of its determination, including identification of the specific regulation that is not repealed. That regulation, upon the provision of that written notice to the Office of Administrative Law and the Secretary of State, shall become operative. (Amended by Stats. 2019, Ch. 455, Sec. 2. (AB 1180) Effective January 1, 2020.)
  170. 116409.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.5. Fluoridation of Drinking Water [116409 - 116415] ( Article 3.5 heading added by Stats. 2004, Ch. 727, Sec. 1. )

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    The Legislature declares fluoridation of drinking water a statewide public health concern and states an intent to preempt local rules that prohibit or restrict it for public water systems with 10,000 or more service connections.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.5. Fluoridation of Drinking Water [116409 - 116415] ( Article 3.5 heading added by Stats. 2004, Ch. 727, Sec. 1. ) ## 116409. The Legislature finds and declares all of the following: (a) Promotion of the public health of Californians of all ages by protection and maintenance of dental health through the fluoridation of drinking water is a paramount issue of statewide concern. (b) It is the intent of the Legislature in enacting this article to preempt local government regulations, ordinances, and initiatives that prohibit or restrict the fluoridation of drinking water by public water systems with 10,000 or more service connections, without regard to whether the public water system might otherwise be exempt from Section 116410 or the requirements of this section, pursuant to Section 116415. (c) It is further the intent of the Legislature in establishing this article to decrease the burden the Medi-Cal and the Denti-Cal programs place upon the state’s limited funds. (Added by Stats. 2004, Ch. 727, Sec. 2. Effective January 1, 2005.)
  171. 11641.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 12. Clandestine Laboratory Enforcement Program [11640 - 11647] ( Chapter 12 added by Stats. 1986, Ch. 1029, Sec. 1. )

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    The Department of Justice must create a Clandestine Laboratory Enforcement Program.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 12. Clandestine Laboratory Enforcement Program [11640 - 11647] ( Chapter 12 added by Stats. 1986, Ch. 1029, Sec. 1. ) ## 11641. The Department of Justice shall establish a Clandestine Laboratory Enforcement Program to assist state and local law enforcement and prosecutorial agencies in apprehending and prosecuting persons involved in the unlawful manufacture of controlled substances. (Added by Stats. 1986, Ch. 1029, Sec. 1.)
  172. 116410.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.5. Fluoridation of Drinking Water [116409 - 116415] ( Article 3.5 heading added by Stats. 2004, Ch. 727, Sec. 1. )

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    This section requires the department to adopt fluoridation regulations for certain public water systems, and it requires covered systems to fluoridate and to submit capital cost estimates on a schedule.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.5. Fluoridation of Drinking Water [116409 - 116415] ( Article 3.5 heading added by Stats. 2004, Ch. 727, Sec. 1. ) ## 116410. (a) Each public water system with at least 10,000 service connections and with a natural level of fluorides that is less than the minimum established in the regulations adopted pursuant to this section shall be fluoridated in order to promote the public health of Californians of all ages through the protection and maintenance of dental health, a paramount issue of statewide concern. The department shall adopt regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code, requiring the fluoridation of public water systems. By July 1, 1996, and at 10-year intervals thereafter, each public water system with at least 10,000 service connections shall provide to the department an estimate of the total capital costs to install fluoridation treatment. The regulations adopted by the department shall take effect on January 1, 1997. Capital costs estimates are no longer required after installation of the fluoridation treatment equipment. (b) The regulations shall include, but not be limited to, the following: (1) Minimum and maximum permissible concentrations of fluoride to be maintained by fluoridation of public water systems. (2) The requirements and procedures for maintaining proper concentrations of fluoride, including equipment, testing, recordkeeping, and reporting. (3) Requirements for the addition of fluorides to public water systems in which the natural level of fluorides is less than the minimum level established in the regulations. (4) A schedule for the fluoridation of public water systems with at least 10,000 service connections, based on the lowest capital cost per connection for each system. (c) The purpose of the schedule established pursuant to paragraph (4) of subdivision (b) is not to mandate the order in which public water systems receiving funding from private sources must fluoridate their water. Available funds may be offered to any system on the schedule. (d) The estimates provided to the department pursuant to subdivision (a) of this section and subdivision (g) of Section 116415 of the total capital and associated costs and noncapital operation and maintenance costs related to fluoridation treatments and the similar estimates provided to those sources offering to provide the funds set forth in paragraph (1) of subdivision (a) of Section 116415 shall be reasonable, as determined by the department. A registered civil engineer recognized or employed by the department who is familiar with the design, construction, operation, and maintenance of fluoridations systems shall determine for the department whether the costs are reasonable. (e) As used in this section and Section 116415, “costs” means only those costs that require an actual expenditure of funds or resources, and do not include costs that are intangible or speculative, including, but not limited to, opportunity or indemnification costs. (f) Any public water system with multiple water sources, when funding is not received to fluoridate all sources, is exempt from maintaining otherwise required fluoridations levels in areas receiving any nonfluoridated water. The exemption shall be in effect only until the public water system receives funding to fluoridate the entire water system and the treatment facilities are installed and operational. (Amended by Stats. 2004, Ch. 727, Sec. 3. Effective January 1, 2005.)
  173. 116415.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.5. Fluoridation of Drinking Water [116409 - 116415] ( Article 3.5 heading added by Stats. 2004, Ch. 727, Sec. 1. )

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    Public water systems are exempt from the fluoridation requirement in specified funding situations, and the department and Public Utilities Commission have related enforcement and approval duties.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.5. Fluoridation of Drinking Water [116409 - 116415] ( Article 3.5 heading added by Stats. 2004, Ch. 727, Sec. 1. ) ## 116415. (a) (1) A public water system is not required to fluoridate pursuant to Section 116410, or the regulations adopted thereunder by the department, in any of the following situations: (A) If the public water system is listed on the schedule to implement a fluoridation program pursuant to paragraph (4) of subdivision (b) of Section 116410 and funds are not offered pursuant to a binding contractual offer to the public water system sufficient to pay the capital and associated costs from any outside source. As used in this section, “outside source” means a source other than the system’s ratepayers, shareholders, local taxpayers, bondholders, or any fees or charges levied by the water system. (B) If the public water system has been offered pursuant to a binding contractual offer the capital and associated funds necessary for fluoridation as set forth in subparagraph (A) and has completed the installation of a fluoridation system, however, in any given fiscal year (July 1-June 30, inclusive) funding is not available to the public water system sufficient to pay the noncapital operation and maintenance costs described in subdivision (g) from any outside source other than the system’s ratepayers, shareholders, local taxpayers, bondholders, or any fees or charges levied by the water system. A binding contractual offer to provide funds for 12 months, without regard to fiscal year, of noncapital operation and maintenance costs shall render a water system unqualified for an exemption under this subparagraph for that year. (C) If the funding provided by an outside source for capital and associated costs is depleted prior to completion of the installation of a fluoridation system and funds sufficient to complete the installation have not been offered pursuant to a binding contractual offer to the public water system by an outside source. In the event of a disagreement between the public water system and an outside funding source about the reasonableness of additional capital and associated costs, in order to qualify for an exemption under this subparagraph the costs overruns must be found to be reasonable by a registered civil engineer recognized or employed by the department who is familiar with the design, construction, operation, and maintenance of fluoridation systems. (2) Each year the department shall prepare and distribute a list of those water systems that do not qualify for exemption under this section from the fluoridation requirements of Section 116410. This list shall include water systems that have been offered, have received, or are expected to receive, sufficient funding for capital and associated costs so as to not qualify for exemption under subparagraph (A) of paragraph (1), and have either (A) been offered or have received, or anticipate receiving, sufficient noncapital maintenance and operation funding pursuant to subdivision (g), or (B) have not yet completed the installation of a fluoridation system, so that they do not qualify for exemption under subparagraph (B) of paragraph (1). (3) Any water system that has been offered pursuant to a binding contractual offer the funds necessary for fluoridation as set forth in subparagraph (A) of paragraph (1), and is not included in the list pursuant to paragraph (2), may elect to exercise the option not to fluoridate during the following fiscal year pursuant to subparagraph (B) of paragraph (1) by so notifying the department by certified mail on or before June 1. (4) The permit issued by the department for a public water system that is scheduled to implement fluoridation pursuant to paragraph (4) of subdivision (b) of Section 116410 shall specify whether it is required to fluoridate pursuant to Section 116410, or whether it has been granted an exemption pursuant to either subparagraph (A) or subparagraph (B) of paragraph (1). (b) The department shall enforce Section 116410 and this section, and all regulations adopted pursuant to these sections, unless delegated pursuant to a local primary agreement. (c) If the owner or operator of any public water system subject to Section 116410 fails, or refuses, to comply with any regulations adopted pursuant to Section 116410, or any order of the department implementing these regulations, the Attorney General shall, upon the request of the department, institute mandamus proceedings, or other appropriate proceedings, in order to compel compliance with the order, rule, or regulation. This remedy shall be in addition to all other authorized remedies or sanctions. (d) Neither this section nor Section 116410 shall supersede subdivision (b) of Section 116410. (e) The department shall seek all sources of funding for enforcement of the standards and capital cost requirements established pursuant to this section and Section 116410, including, but not limited to, all of the following: (1) Federal block grants. (2) Donations from private foundations. Expenditures from governmental sources shall be subject to specific appropriation by the Legislature for these purposes. (f) A public water system with less than 10,000 service connections may elect to comply with the standards, compliance requirements, and regulations for fluoridation established pursuant to this section and Section 116410. (g) Costs, other than capital costs, incurred in complying with this section and Section 116410, including regulations adopted pursuant to those sections, may be paid from federal grants, or donations from private foundations, for these purposes. Each public water system that will incur costs, other than capitalization costs, as a result of compliance with this section and Section 116410, shall provide an estimate to the department of the anticipated total annual operations and maintenance costs related to fluoridation treatment by January 1 of each year. (h) A public water system subject to the jurisdiction of the Public Utilities Commission shall be entitled to recover from its customers all of its capital and associated costs, and all of its operation and maintenance expenses associated with compliance with this section and Section 116410. The Public Utilities Commission shall approve rate increases for an owner or operator of a public water system that is subject to its jurisdiction within 45 days of the filing of an application or an advice letter, in accordance with the commission’s requirements, showing in reasonable detail the amount of additional revenue required to recover the foregoing capital and associated costs, and operation and maintenance expenses. (Amended by Stats. 2004, Ch. 727, Sec. 4. Effective January 1, 2005.)
  174. 116416.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.6. Constituents of Emerging Concern Action Fund [116416 - 116424] ( Article 3.6 added by Stats. 2022, Ch. 676, Sec. 2. )

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    This section defines CEC, Panel, and Program for this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.6. Constituents of Emerging Concern Action Fund [116416 - 116424] ( Article 3.6 added by Stats. 2022, Ch. 676, Sec. 2. ) ## 116416. For purposes of this article, the following definitions apply: (a) “CEC” means a constituent of emerging concern. (b) “Panel” means the Science Advisory Panel for CECs in drinking water specified in Section 116418. (c) “Program” means the Constituents of Emerging Concern in Drinking Water Program specified in Section 116417. (Added by Stats. 2022, Ch. 676, Sec. 2. (SB 230) Effective January 1, 2023.)
  175. 116417.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.6. Constituents of Emerging Concern Action Fund [116416 - 116424] ( Article 3.6 added by Stats. 2022, Ch. 676, Sec. 2. )

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    The state board must expand its work on CECs in drinking water, and the deputy director must help improve knowledge by assessing available information. The state board may also create and run a dedicated CECs program.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.6. Constituents of Emerging Concern Action Fund [116416 - 116424] ( Article 3.6 added by Stats. 2022, Ch. 676, Sec. 2. ) ## 116417. (a) The state board shall build upon its existing work dealing with, and work to improve its knowledge of, CECs in waters of the state and drinking water. As part of the state board’s work on CECs, the deputy director shall work to improve the knowledge of CECs in drinking water by assessing the state of information, and may recommend areas for further studies, such as the following: (1) The occurrence of CECs in drinking water. (2) Fate, transport, and biodegradation of CECs. (3) Water treatment and laboratory analyses. (4) The potential effects on public health of CECs in drinking water. (b) The state board may establish, maintain, and direct a dedicated program called the Constituents of Emerging Concern in Drinking Water Program. (c) Nothing in this article limits the state board’s existing authority to act on CECs. (d) Nothing in this article changes or interferes with the state board’s ongoing activities on CECs. (Added by Stats. 2022, Ch. 676, Sec. 2. (SB 230) Effective January 1, 2023.)
  176. 116418.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.6. Constituents of Emerging Concern Action Fund [116416 - 116424] ( Article 3.6 added by Stats. 2022, Ch. 676, Sec. 2. )

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    The deputy director may convene a science advisory panel on CECs in drinking water, adjust its membership, and the panel must hold at least one open public session before final reports or findings are released.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.6. Constituents of Emerging Concern Action Fund [116416 - 116424] ( Article 3.6 added by Stats. 2022, Ch. 676, Sec. 2. ) ## 116418. (a) The deputy director may convene a Science Advisory Panel for CECs in drinking water. (b) (1) The panel may include at least nine members comprised of the following: (A) Seven experts appointed by the deputy director from the following fields: (i) Public health sciences. (ii) Water and wastewater, including water treatment, engineering. (iii) Toxicology. (iv) Epidemiology. (v) Chemical sciences. (vi) Biological sciences, including pathogens. (vii) Human health risk assessment. (B) One expert in public health who has expertise in water contamination, appointed by the Speaker of the Assembly within 60 days of the deputy director calling for the formation of the panel. (C) One expert in public health who has expertise in water contamination, appointed by the President pro Tempore of the Senate within 60 days of the deputy director calling for the formation of the panel. (2) Panel members shall not have financial conflicts of interest. (c) The deputy director may adjust panel membership numbers and composition, as necessary. (d) Any science advisory panel convened pursuant to this section shall hold at least one open public session to take public comment before releasing any final reports or findings. (Added by Stats. 2022, Ch. 676, Sec. 2. (SB 230) Effective January 1, 2023.)
  177. 116419.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.6. Constituents of Emerging Concern Action Fund [116416 - 116424] ( Article 3.6 added by Stats. 2022, Ch. 676, Sec. 2. )

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    The panel must act at the deputy director’s direction, and its requested duties may include reviewing CEC data and screening efforts.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.6. Constituents of Emerging Concern Action Fund [116416 - 116424] ( Article 3.6 added by Stats. 2022, Ch. 676, Sec. 2. ) ## 116419. (a) The panel shall serve at the direction of the deputy director. At the deputy director’s request, the panel’s duties may include, but are not limited to, any of the following activities in consultation with the Office of Environmental Health Hazard Assessment and, as needed, the Department of Toxic Substances Control: (1) Review existing data, including, but not limited to, occurrence and toxicity data, for CECs collected by the state board and nationwide by the United States Environmental Protection Agency’s Unregulated Contaminant Monitoring Rule program and recommend to the deputy director further actions based on state-specific conditions and the state’s CEC initiatives. (2) Identify CEC candidates based on potential public health effects. (3) Incorporate recommendations from other ongoing efforts evaluating CECs both within California and throughout the United States, as applicable. (4) Review the existing CEC risk-based framework in aquatic and recycled water systems to see if the framework is applicable to drinking water. (5) Recommend a framework for a risk-based screening program for CECs and appropriate indicators and surrogates that consider their occurrence in drinking water, contribution and fate in the environment, and potential for human exposure. (6) Review the results of any screening program, which may include screening programs within California and throughout the United States, and provide recommendations to assist the deputy director in prioritizing, monitoring, evaluating health impacts, and informing regulatory determinations for CECs. (7) Address the United States Environmental Protection Agency’s Contaminant Candidate List and not create any impediments to complying with federal law or duplicative monitoring. (b) Nothing in this section or Section 116418 shall duplicate, change, or interfere with the state board’s or the deputy director’s ongoing efforts on perfluoroalkyl and polyfluoroalkyl substances and CECs. (Added by Stats. 2022, Ch. 676, Sec. 2. (SB 230) Effective January 1, 2023.)
  178. 11642.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 12. Clandestine Laboratory Enforcement Program [11640 - 11647] ( Chapter 12 added by Stats. 1986, Ch. 1029, Sec. 1. )

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    This section lets the Controller reimburse certain counties for specified controlled-substance enforcement and cleanup costs, subject to available money and DOJ-adopted procedures, and it requires prompt notice to the local health officer after a laboratory seizure.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 12. Clandestine Laboratory Enforcement Program [11640 - 11647] ( Chapter 12 added by Stats. 1986, Ch. 1029, Sec. 1. ) ## 11642. (a) To the extent moneys are available therefor, the Controller, in accordance with criteria and procedures which shall be adopted by the Department of Justice, may reimburse counties with a population under 1,750,000 for costs of prosecuting violations, attempts to violate, or conspiracies to violate Section 11100, 11100.1, 11104, 11105, 11379.6, or 11383 initiated after January 1, 1987. Funding under this subdivision shall not exceed twenty-five thousand dollars ($25,000) for each prosecution or joint prosecution assisted. All funds allocated to a county under this subdivision shall be distributed by it only to its prosecutorial agency, to be used solely for investigation and prosecution of these offenses. Funds distributed under this subdivision shall not be used to supplant any local funds that would, in the absence of this subdivision, be made available to support the prosecutorial efforts of counties. Cases wholly financed or reimbursed under any other state or federal program including, but not limited to, the Asset Forfeiture Program (Section 11489), the Major Narcotic Vendors Prosecution Law (Section 13881 of the Penal Code), or the California Career Criminal Apprehension Program (Section 13851 of the Penal Code), shall not be entitled to reimbursement under this subdivision. (b) To the extent moneys are available therefor, the Controller, in accordance with criteria and procedures which shall be adopted by the Department of Justice, may reimburse counties with a population under 1,750,000 for law enforcement personnel expenses, not exceeding ten thousand dollars ($10,000) per case, incurred in the investigation of violations, attempts to violate, or conspiracies to violate Section 11100, 11100.1, 11104, 11105, 11379.6, or 11383 initiated after January 1, 1987. All funds allocated to a county under this subdivision shall be distributed by it only to its law enforcement agency to be used solely for investigation and detection of these offenses. Funds distributed under this subdivision shall not be used to supplant any local funds that would, in the absence of this subdivision, be made available to support the law enforcement efforts of counties. Cases financed or reimbursed under any other state or federal program, including, but not limited to, the Asset Forfeiture Program, (Section 11489), the California Career Criminal Apprehension Program (Section 13851 of the Penal Code), or the federal Asset Forfeiture Program (21 U.S.C. Sec. 881), shall not be entitled to reimbursement under this subdivision. (c) (1) To the extent moneys are available therefor, the Controller, in accordance with criteria and procedures which shall be adopted by the Department of Justice, may reimburse counties with a population under 1,750,000 for costs incurred by, or at the direction of, state or local law enforcement agencies to remove and dispose of or store toxic waste from the sites of laboratories used for the unlawful manufacture of a controlled substance. (2) The local law enforcement agency or Department of Justice shall notify the local health officer within 24 hours of the seizure of a laboratory used for the unlawful manufacture of a controlled substance. The local health officer shall either: (A) Make a determination as to whether the site poses an immediate threat to public health and safety, and if so, shall undertake immediate corrective action. (B) Notify the State Department of Health Services. As used in this section, “counties” includes any city within a county with a population of less than 1,750,000. The Department of Justice may adopt emergency regulations consistent with this section and the Administrative Procedure Act. (Amended by Stats. 1991, Ch. 929, Sec. 1.)
  179. 116420.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.6. Constituents of Emerging Concern Action Fund [116416 - 116424] ( Article 3.6 added by Stats. 2022, Ch. 676, Sec. 2. )

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    If the state board imposes CEC monitoring requirements, it may give financial assistance to eligible recipients and may also fund technical assistance providers.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.6. Constituents of Emerging Concern Action Fund [116416 - 116424] ( Article 3.6 added by Stats. 2022, Ch. 676, Sec. 2. ) ## 116420. (a) If the state board imposes CEC monitoring requirements pursuant to Section 116375, the state board may provide financial assistance, upon appropriation by the Legislature for this purpose, to eligible recipients. Eligible recipients of these funds shall be community water systems serving fewer than 10,000 individuals and located in disadvantaged communities. The state board may also provide funding to technical assistance providers that assist eligible recipients in complying with CEC monitoring imposed by the state board. (b) For purposes of this section, “technical assistance provider” has the same meaning as defined in Section 116767. (Added by Stats. 2022, Ch. 676, Sec. 2. (SB 230) Effective January 1, 2023.)
  180. 116421.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.6. Constituents of Emerging Concern Action Fund [116416 - 116424] ( Article 3.6 added by Stats. 2022, Ch. 676, Sec. 2. )

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    The Legislature says this program is meant to help inform the deputy director’s regulatory recommendations for CECs and does not override certain drinking water standard-setting requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.6. Constituents of Emerging Concern Action Fund [116416 - 116424] ( Article 3.6 added by Stats. 2022, Ch. 676, Sec. 2. ) ## 116421. The Legislature finds and declares that the program is intended to help inform the deputy director in recommending regulatory determinations for CECs and is not intended to supersede any requirements related to setting drinking water standards or a public health goal as prescribed in Section 116365 or a notification level or a response level as prescribed in Section 116455. (Added by Stats. 2022, Ch. 676, Sec. 2. (SB 230) Effective January 1, 2023.)
  181. 116422.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.6. Constituents of Emerging Concern Action Fund [116416 - 116424] ( Article 3.6 added by Stats. 2022, Ch. 676, Sec. 2. )

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    The section establishes the CEC Action Fund in the State Treasury and assigns the state board to administer it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.6. Constituents of Emerging Concern Action Fund [116416 - 116424] ( Article 3.6 added by Stats. 2022, Ch. 676, Sec. 2. ) ## 116422. (a) The CEC Action Fund is hereby established in the State Treasury. The state board shall administer the CEC Action Fund. (b) All moneys deposited in the CEC Action Fund may be used, upon appropriation by the Legislature, in support of, but not limited to, all of the following: (1) Costs associated with developing, maintaining, implementing, and administering the state board’s CEC efforts. (2) Costs associated with establishing and maintaining the panel, developing a risk-based screening program, collecting occurrence data, and reporting on those activities. (3) Costs associated with developing standardized analytical methods internally by the state board or through external contracts, direct expenditures, or grants. (4) Costs associated with contracts, direct expenditures, or grants to public or private external research organizations to fill research gaps. (5) Public participation and outreach efforts pursuant to Section 116423. (6) Other state board costs associated with implementing and administering the program, including monitoring pursuant to Section 116375 and administrative costs. (7) Costs associated with financial assistance provided to community water systems for monitoring CECs pursuant to Section 116420. (8) Costs associated with the state board’s research and scientific investigations related to perfluoroalkyl and polyfluoroalkyl substances. (c) (1) The state board may provide for the deposit into the CEC Action Fund of federal contributions, voluntary contributions, gifts, grants, bequests, transfers by the Legislature from the General Fund, and funding from authorized general obligation bond acts. All moneys remitted to the state board pursuant to this section shall be deposited in the CEC Action Fund. (2) Any federal contributions shall be subject to federal requirements and shall be used only for the permissible purposes allowed by the federal law or a federal grant deposited in the fund, to the extent authorized and funded by that grant. (d) Contracts entered into pursuant to this section are exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and Section 4526 of the Government Code, and may be awarded on a noncompetitive bid basis as necessary to implement the purposes of this section. (e) Actions taken to implement, interpret, or make specific this section, including, but not limited to, the adoption of any plan, handbook, or map, are not subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). (f) The state board may, upon appropriation by the Legislature, expend moneys from the CEC Action Fund for reasonable costs associated with the administration of this article. (Added by Stats. 2022, Ch. 676, Sec. 2. (SB 230) Effective January 1, 2023.)
  182. 116423.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.6. Constituents of Emerging Concern Action Fund [116416 - 116424] ( Article 3.6 added by Stats. 2022, Ch. 676, Sec. 2. )

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    The program must provide public participation opportunities. The state board may maintain a website and share research, reports, and data with the public. If the deputy director convenes a panel, the deputy director must post a report on the board’s website three years later, and that posting requirement becomes inoperative on June 1, 2030.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.6. Constituents of Emerging Concern Action Fund [116416 - 116424] ( Article 3.6 added by Stats. 2022, Ch. 676, Sec. 2. ) ## 116423. (a) The program shall provide opportunities for public participation. Public participation may include, but is not limited to, conducting periodic stakeholder meetings and workshops to solicit relevant information, data, suggestions, and feedback for the development and implementation of the program. (b) The state board may maintain a program internet website and make relevant research, reports, and data available to the public. (c) The state board may provide an annual program update, as an informational item, at a regularly noticed meeting of the state board. (d) (1) If the deputy director convenes a panel pursuant to this article, the deputy director shall, three years after the panel is convened, post a report to the state board’s internet website on the work conducted by the panel. (2) The requirement for posting a report imposed under paragraph (1) is inoperative on June 1, 2030. (Added by Stats. 2022, Ch. 676, Sec. 2. (SB 230) Effective January 1, 2023.)
  183. 116424.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.6. Constituents of Emerging Concern Action Fund [116416 - 116424] ( Article 3.6 added by Stats. 2022, Ch. 676, Sec. 2. )

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    This article takes effect only if the Legislature appropriates funds for it in the annual Budget Act or another statute.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3.6. Constituents of Emerging Concern Action Fund [116416 - 116424] ( Article 3.6 added by Stats. 2022, Ch. 676, Sec. 2. ) ## 116424. Implementation of this article is contingent upon an appropriation by the Legislature for purposes of this article in the annual Budget Act or another statute. (Added by Stats. 2022, Ch. 676, Sec. 2. (SB 230) Effective January 1, 2023.)
  184. 116425.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Exemptions and Variances [116425 - 116430] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The state board may exempt a public water system from certain drinking-water requirements if specified findings are met, and it must set a compliance schedule and provide notice and a public hearing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Exemptions and Variances [116425 - 116430] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116425. (a) The state board may exempt a public water system from a maximum contaminant level or treatment technique requirement if it finds all the following: (1) The public water system was in operation, or had applied for a permit to operate, on the effective date of the maximum contaminant level or treatment technique requirement. (2) Due to compelling factors, which may include either of the following factors, the public water system is unable to comply with the maximum contaminant level or treatment technique requirement or to implement measures to develop an alternative water supply: (A) Economic factors. (B) The entire service area of the public water system consists of a disadvantaged community, as defined under Section 1452(d) of the federal Safe Drinking Water Act (42 U.S.C. Sec. 300g-5), and meets the affordability criteria established by the department, after review and public hearing. (3) The granting of the exemption will not result in an unreasonable risk to health. (4) Management or restructuring changes, or both, cannot reasonably be made that will result in compliance with this chapter or, if compliance cannot be achieved, improve the quality of the drinking water. (b) If the state board grants a public water system an exemption for a primary drinking water standard under subdivision (a), the state board shall prescribe, at the time the exemption is granted, a schedule for both of the following: (1) Compliance by the public water system with each contaminant level or treatment technique requirement for which the exemption was granted. (2) Implementation by the public water system of interim control measures the state board may require for each contaminant or treatment technique requirement for which the exemption was granted. (c) Any schedule prescribed by the state board pursuant to this section shall require compliance by the public water system with each contaminant level or treatment technique requirement for which the exemption was granted within 12 months from the granting of the exemption. (d) The final date for compliance with any schedule issued pursuant to this section may be extended by the state board for a period not to exceed three years from the date of the granting of the exemption if the state board finds all of the following: (1) The system cannot meet the standard without capital improvements that cannot be completed before the date established pursuant to Section 1412(b)(1) of the federal Safe Drinking Water Act (42 U.S.C. 300g-(b)(1)). (2) In the case of a system that needs financial assistance for the necessary improvements, the system has entered into an agreement to obtain the financial assistance or the system has entered into an enforceable agreement to become part of a regional public water system. (3) The system is taking all practicable steps to meet the standard. (e) In the case of a system that does not serve more than a population of 3,300 and that needs financial assistance for the necessary improvements, an exemption granted pursuant to paragraph (2) of subdivision (d) shall not exceed a total of six years. (f) Prior to the granting of an exemption pursuant to this section, the state board shall provide notice and an opportunity for a public hearing. Notice of any public hearing held pursuant to this section shall be given by the state board in writing to the public water system seeking the exemption and to the public as provided in Section 6061 of the Government Code. A public hearing provided pursuant to this subdivision is not an adjudicative hearing and is not required to comply with Section 100171. (g) A public water system shall not receive an exemption under this section if the system is granted a variance pursuant to Section 116430. (h) Unless the state board has already granted an exemption pursuant to subdivision (a), the state board may exempt a public water system from compliance with a maximum contaminant level or treatment technique requirement for up to two years if the state board finds, and continues to find, that a plan submitted by the water system may reasonably be expected to bring the water system into compliance by any of the following means: (1) The physical consolidation of the system with one or more other systems. (2) The consolidation of significant management and administrative functions of the system with one or more other systems. (3) The transfer of ownership of the system. (Amended by Stats. 2017, Ch. 327, Sec. 27. (AB 1438) Effective January 1, 2018.)
  185. 11643.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 12. Clandestine Laboratory Enforcement Program [11640 - 11647] ( Chapter 12 added by Stats. 1986, Ch. 1029, Sec. 1. )

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    If funds are available, the Department of Justice must provide specialized training, make safety equipment available, and establish enhanced enforcement teams for investigations of illegal clandestine laboratories.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 12. Clandestine Laboratory Enforcement Program [11640 - 11647] ( Chapter 12 added by Stats. 1986, Ch. 1029, Sec. 1. ) ## 11643. To the extent moneys are available therefor, the Department of Justice shall do the following: (a) In cooperation with the Commission on Peace Officer Standards and Training provide advanced training to state and local law enforcement personnel on the unique skills, such as detection and identification of chemical substances, and safety precautions, such as safe handling, storage, and disposal of toxic substances, necessary to investigate clandestine laboratories illegally manufacturing controlled substances. (b) Make safety equipment, such as protective clothing and breathing apparatus, available to local law enforcement officials, as needed, on a case-by-case basis in connection with investigation and abatement of laboratories illegally manufacturing controlled substances. (c) Establish enhanced enforcement teams assigned to the investigation of clandestine laboratories illegally manufacturing controlled substances, particularly targeting cabals operating in multiple local jurisdictions. These teams shall include special agents trained in investigating clandestine laboratories, criminalists to analyze the chemicals involved, auditors to conduct financial investigations and initiate forfeiture proceedings pursuant to Chapter 8 (commencing with Section 11470) where warranted, and analysts to monitor the overall pattern and network of these clandestine laboratories across the state, to develop further cases, and to target law enforcement efforts where needed. (Amended by Stats. 2012, Ch. 867, Sec. 11. (SB 1144) Effective January 1, 2013.)
  186. 116430.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Exemptions and Variances [116425 - 116430] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may grant fluoride-related drinking water variances to public water systems, and must grant one on request for fluoride subject to statutory limits and review.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Exemptions and Variances [116425 - 116430] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116430. (a) The department may grant a variance or variances from primary drinking water standards to a public water system. Any variance granted pursuant to this subdivision shall conform to the requirements established under the federal Safe Drinking Water Act, as amended (42 U.S.C. Sec. 300g-4). (b) (1) In addition to the authority provided in subdivision (a), at the request of any public water system, the department shall grant a variance from the primary drinking water standard adopted by the department for fluoride. A variance granted by the department pursuant to this subdivision shall prohibit fluoride levels in excess of 75 percent of the maximum contaminant level established in the national primary drinking water regulation adopted by the United States Environmental Protection Agency for fluoride, or three milligrams per liter, whichever is higher, and shall be valid for a period of up to 30 years. The department shall review each variance granted pursuant to this section at least every five years. The variance may be withdrawn upon reasonable notice by the department if the department determines that the community served by the public water system no longer accepts the fluoride level authorized in the variance or the level of fluoride authorized by the variance poses an unreasonable risk to health. In no case may a variance be granted in excess of the United States Environmental Protection Agency maximum contaminant level. (2) The department shall grant a variance pursuant to paragraph (1) only if it determines, after conducting a public hearing in the community served by the public water system, that there is no substantial community opposition to the variance and the variance does not pose an unreasonable risk to health. The public water system shall provide written notification, approved by the department, to all customers which shall contain at least the following information: (A) The fact that a variance has been requested. (B) The date, time and location of the public hearing that will be conducted by the department. (C) The level of fluoride that will be allowed by the requested variance and how this level compares to the maximum contaminant levels prescribed by the state primary drinking water standard, the federal national primary drinking water regulation, and the federal national secondary drinking water regulation. (D) A discussion of the types of health and dental problems that may occur when the fluoride concentration exceeds the maximum contaminant levels prescribed by the state standard and the federal regulations. (3) If, at any time after a variance has been granted pursuant to paragraph (1), substantial community concerns arise concerning the level of fluoride present in the water supplied by the public water system, the public water system shall notify the department, conduct a public hearing on the concerns expressed by the community, determine the fluoride level that is acceptable to the community, and apply to the department for an amendment to the variance which reflects that determination. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  187. 11644.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 12. Clandestine Laboratory Enforcement Program [11640 - 11647] ( Chapter 12 added by Stats. 1986, Ch. 1029, Sec. 1. )

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    The Crime Prevention Center of the Department of Justice must prepare and share informational materials about the dangers of clandestine laboratories and controlled substances, when money is available.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 12. Clandestine Laboratory Enforcement Program [11640 - 11647] ( Chapter 12 added by Stats. 1986, Ch. 1029, Sec. 1. ) ## 11644. To the extent moneys are available therefor, the Crime Prevention Center of the Department of Justice shall prepare and disseminate informational materials on the unique dangers posed by clandestine laboratories and the controlled substances they produce. The Crime Prevention Center shall increase public awareness in areas such as the health dangers created by the laboratories themselves, including how to identify and report them, and the unusual effects and dangers of synthetic substances such as analogs of fentanyl, MPPP, phencyclidine, and methamphetamines. (Added by Stats. 1986, Ch. 1029, Sec. 1.)
  188. 116450.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Public water systems must notify the department and users when certain drinking-water problems, variances, or exemptions occur, and several related parties must pass the notice on.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116450. (a) When any primary drinking water standard specified in the department’s regulations is not complied with, when a monitoring requirement specified in the department’s regulations is not performed, or when a water purveyor fails to comply with the conditions of any variance or exemption, the person operating the public water system shall notify the department and shall give notice to the users of that fact in the manner prescribed by the department. When a variance or an exemption is granted, the person operating the public water system shall give notice to the users of that fact. (b) When a person operating a public water system determines that a significant rise in the bacterial count of water has occurred in water he or she supplies, the person shall provide, at his or her expense, a report on the rise in bacterial count of the water, together with the results of an analysis of the water, within 24 hours to the department and, where appropriate, to the local health officer. (c) When the department receives the information described in subdivision (b) and determines that it constitutes an immediate danger to health, the department shall immediately notify the person operating the public water system to implement the emergency notification plan required by this chapter. (d) In the case of a failure to comply with any primary drinking water standard that represents an imminent danger to the health of water users, the operator shall notify each of his or her customers as provided in the approved emergency notification plan. (e) In addition, the same notification requirement shall be required in any instance in which the department or the local health department recommends to the operator that it notify its customers to avoid internal consumption of the water supply and to use bottled water due to a chemical contamination problem that may pose a health risk. (f) The content of the notices required by this section shall be approved by the department. Notice shall be repeated at intervals, as required by the department, until the department concludes that there is compliance with its standards or requirements. Notices may be given by the department. In any case where public notification is required by this section because a contaminant is present in drinking water at a level in excess of a primary drinking water standard, the notification shall include identification of the contaminant, information on possible effects of the contaminant on human health, and information on specific measures that should be taken by persons or populations who might be more acutely affected than the general population. (g) Whenever a school or school system, the owner or operator of residential rental property, or the owner or operator of a business property receives a notification from a person operating a public water system under any provision of this section, the school or school system shall notify school employees, students and parents if the students are minors, the owner or operator of a residential rental property shall notify tenants, and the owner or operator of business property shall notify employees of businesses located on the property. (1) The operator shall provide the customer with a sample notification form that may be used by the customer in complying with this subdivision and that shall indicate the nature of the problem with the water supply and the most appropriate methods for notification that may include, but is not limited to, the sending of a letter to each water user and the posting of a notice at each site where drinking water is dispensed. (2) The notice required by this subdivision shall be given within 10 days of receipt of notification from the person operating the public water system. (3) Any person failing to give notice as required by this subdivision shall be civilly liable in an amount not to exceed one thousand dollars ($1,000) for each day of failure to give notice. (4) If the operator has evidence of noncompliance with this subdivision the operator shall report this information to the local health department and the department. (h) (1) Notwithstanding any other provision of law, commencing July 1, 2012, a written Tier 1 public notice given by a public water system pursuant to this section shall comply with the following: (A) It shall be provided in English, Spanish, and in the language spoken by any non-English-speaking group that exceeds 10 percent of persons served by the public water system, and it shall contain a telephone number or address where residents may contact the public water system for assistance. (B) For each non-English-speaking group that speaks a language other than Spanish and that exceeds 1,000 residents but is less than 10 percent of the persons served by the public water system described in subparagraph (A), the notice shall contain information regarding the importance of the notice and a telephone number or address where the public water system will provide either a translated copy of the notice or assistance in the appropriate language. (2) (A) After July 1, 2012, it shall be presumed that the public water system has determined the appropriate languages for notification pursuant to paragraph (1) if the public water system has made a reasonable attempt to utilize the data available through the American Community Survey of the United States Census Bureau to identify the non-English speaking groups that reside in a city, county, or city and county that encompasses the service area of the public water system. (B) After July 1, 2012, it shall be presumed that the notice has been correctly translated if the public water system has made a reasonable attempt to obtain either in-house or contracted-for translation services for providing a translated copy of the notice or assistance in the appropriate languages pursuant to paragraph (1) and the translated copy of the notice or assistance has been provided. (C) After July 1, 2012, if the public water system has made a reasonable attempt to have the notice required by paragraph (1) translated into the appropriate languages, it shall be presumed that a notice translated into languages other than Spanish has been adequately provided if it contains translations in the appropriate languages of all of the following: (i) Identification of the contaminant. (ii) Information on the health effects associated with the presence of the contaminant in drinking water at a level in excess of the primary drinking water standard. (iii) Actions that members of the public should take to protect their health, such as, for example, “Do not drink,” “Boil water before using,” or “Stop boiling your water.” (3) In addition to nonwritten notification provided for in the public water system’s emergency notification plan, the public water system may, and is encouraged to, provide notice through foreign language media outlets. (4) For purposes of this subdivision, “Tier 1 public notice” means a public notice as defined pursuant to Section 64401.71 of Title 22 of the California Code of Regulations. (5) Nothing in this subdivision shall require the department to review or approve notices in any language other than English. (Amended by Stats. 2011, Ch. 514, Sec. 1. (AB 938) Effective January 1, 2012.)
  189. 116451.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

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    If user notification is required under Section 116450, the department must make a reasonable effort to ensure the notification is given.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116451. If user notification is required pursuant to Section 116450, the department shall make a reasonable effort to ensure that notification is given. (Added by Stats. 2009, Ch. 298, Sec. 14. (AB 1540) Effective January 1, 2010.)
  190. 116455.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Public water systems must act within 30 days after a confirmed contaminant detection above specified levels, and the required notice must include key contamination and health information.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116455. (a) A public water system shall comply with the requirements of this section within 30 days after it is first informed of a confirmed detection of a contaminant found in drinking water delivered by the public water system for human consumption that is in excess of a maximum contaminant level, a notification level, or a response level established by the department. (1) If the public water system is a wholesale water system, then the person operating the wholesale water system shall notify the wholesale water system’s governing body and the water systems that are directly supplied with that drinking water. If the wholesale water system is a water company regulated by the California Public Utilities Commission, then the wholesale water system shall also notify the commission. The commission in the exercise of its general and specific powers to ensure the health, safety, and availability of drinking water served by the utilities subject to its jurisdiction, may order further action that is not inconsistent with the standards and regulations of the department to ensure a potable water supply. (2) If the public water system is a retail water system, then the person operating the retail water system shall notify the retail water system’s governing body and the governing body of any local agency whose jurisdiction includes areas supplied with drinking water by the retail water system. If the retail water system is a water company regulated by the California Public Utilities Commission, then the retail water system shall also notify the commission. The commission, in the exercise of its general and specific powers to ensure the health, safety, and availability of drinking water served by the utilities subject to its jurisdiction, may order further action that is not inconsistent with the standards and regulations of the department to ensure a potable water supply. (b) The notification required by subdivision (a) shall identify the drinking water source, the origin of the contaminant, if known, the maximum contaminant level, response level, or notification level, as appropriate, the concentration of the detected contaminant, and the operational status of the drinking water source, and shall provide a brief and plainly worded statement of health concerns. (c) For purposes of this section, the following terms have the following meanings: (1) “Drinking water source” means an individual groundwater well, an individual surface water intake, or in the case of water purchased from another water system, the water at the service connection. (2) “Local agency” means a city or county, or a city and county. (3) “Notification level” means the concentration level of a contaminant in drinking water delivered for human consumption that the department has determined, based on available scientific information, does not pose a significant health risk but warrants notification pursuant to this section. Notification levels are nonregulatory, health-based advisory levels established by the department for contaminants in drinking water for which maximum contaminant levels have not been established. Notification levels are established as precautionary measures for contaminants that may be considered candidates for establishment of maximum contaminant levels, but have not yet undergone or completed the regulatory standard setting process prescribed for the development of maximum contaminant levels and are not drinking water standards. (4) “Response level” means the concentration of a contaminant in drinking water delivered for human consumption at which the department recommends that additional steps, beyond notification pursuant to this section, be taken to reduce public exposure to the contaminant. Response levels are established in conjunction with notification levels for contaminants that may be considered candidates for establishment of maximum contaminant levels, but have not yet undergone or completed the regulatory standard setting process prescribed for the development of maximum contaminant levels and are not drinking water standards. (5) “Retail water system” means a public water system that supplies water directly to the end user. (6) “Wholesale water system” means a public water system that supplies water to other public water systems for resale. (Repealed and added by Stats. 2004, Ch. 679, Sec. 2. Effective January 1, 2005.)
  191. 116456.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The state board must publicly notice when it starts or proposes a notification level or response level, provide study links and related documents, wait at least 30 days before the meeting, and present the proposal at a noticed meeting.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116456. (a) When establishing or revising a notification level or response level, the state board shall do all of the following: (1) Electronically post on its internet website and distribute through email a notice informing interested persons that the state board has initiated the development or revision of a notification level or response level. (2) Electronically post on its internet website and distribute through email a notice that a proposed notification level or response level is available. The notice shall include an electronic link to an internet webpage where the proposed level can be viewed electronically along with the complete study or studies or an electronic link to the complete study or studies, and the notification level recommendations document provided to the state board by the Office of Environmental Health Hazard Assessment, if applicable, that were used to establish the level. The state board shall not make available or provide an electronic link to a study that is not subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The notice shall indicate whether the study or studies were peer reviewed and whether only one study was used. Notice and document availability shall occur at least 30 days before the meeting required pursuant to paragraph (3). (3) Before a proposed notification level or response level is finalized, include, as an informational item, the proposed notification level or response level at a regularly noticed meeting of the state board. (b) If the Division of Drinking Water of the state board finds that a contaminant presents the potential for imminent harm to public health and safety, paragraph (3) of subdivision (a), and the requirement to publish the proposed level and the 30-day deadline for the notice and document availability requirement in paragraph (2) of subdivision (a), shall not apply to the establishment or revision of the notification level or response level for the contaminant. At the time the notification level or response level is established or revised, the division shall post the information specified in paragraph (2) of subdivision (a) and any other information supporting its finding that the contaminant presents the potential for imminent harm to public health and safety. Within 45 days of establishing or revising the notification level or response level, the state board shall include, as an informational item, the notification level or response level at a regularly noticed meeting of the state board. (Amended by Stats. 2021, Ch. 615, Sec. 280. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  192. 11646.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 12. Clandestine Laboratory Enforcement Program [11640 - 11647] ( Chapter 12 added by Stats. 1986, Ch. 1029, Sec. 1. )

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    The Attorney General must adopt rules and regulations to administer and enforce this chapter.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 12. Clandestine Laboratory Enforcement Program [11640 - 11647] ( Chapter 12 added by Stats. 1986, Ch. 1029, Sec. 1. ) ## 11646. The Attorney General shall adopt rules and regulations for the administration and enforcement of this chapter. (Added by Stats. 1986, Ch. 1029, Sec. 1.)
  193. 116460.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A person may not operate a public water system unless an emergency notification plan has been submitted to and approved by the department.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116460. (a) A person shall not operate a public water system without an emergency notification plan that has been submitted to and approved by the department. The emergency notification plan shall provide for immediate notice to the customers of the public water system of any significant rise in the bacterial count of water or other failure to comply with any primary drinking water standard that represents an imminent danger to the health of the water users. (b) When updating an emergency notification plan pursuant to this section, a public water system may, and is encouraged to, provide notification to water users, by means of other communications technology, including, but not limited to, text messages, email, or social media. (c) A permit, variance, or exemption may not be issued or amended pursuant to this chapter until an emergency notification plan has been approved by the department. (d) The department shall adopt regulations to implement this section. The regulations may provide for the exclusion of public water systems from the requirements of this section when, in the judgment of the department, the exclusion will best serve the public interest. (Amended by Stats. 2024, Ch. 68, Sec. 1. (AB 3090) Effective January 1, 2025.)
  194. 116465.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

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    After a formal complaint and hearing, the Public Utilities Commission may order a public utility to change its procedures or add facilities to ensure adequate water supply or compliance with secondary drinking water standards.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116465. Upon formal complaint by the director alleging that additional facilities are necessary to provide the users of a public water system operated by a public utility under the jurisdiction of the Public Utilities Commission with a continuous and adequate supply of water or to bring the water system into conformity with secondary drinking water standards, the commission may, after hearing, direct the public utility to make the changes in its procedures or additions to its facilities as the commission shall determine are necessary to provide a continuous and adequate supply of water to the users thereof or to bring the system into conformity with secondary drinking water standards. Any proceeding of the commission pursuant to this article shall be conducted as provided in Chapter 9 (commencing with Section 1701) of Part 1 of Division 1 of the Public Utilities Code, and any order issued by the commission pursuant to this action shall be subject to judicial review as provided in Chapter 9. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  195. 11647.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 12. Clandestine Laboratory Enforcement Program [11640 - 11647] ( Chapter 12 added by Stats. 1986, Ch. 1029, Sec. 1. )

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    This section creates the Crank-Up Task Force Program in the Department of Justice and requires the department to coordinate task-force investigations, seek federal participation when possible, provide support, and reimburse participating local agencies for certain costs.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 12. Clandestine Laboratory Enforcement Program [11640 - 11647] ( Chapter 12 added by Stats. 1986, Ch. 1029, Sec. 1. ) ## 11647. (a) The Crank-Up Task Force Program is hereby created within the Department of Justice as part of the Clandestine Laboratory Enforcement Program with responsibility for establishing, conducting, supporting, and coordinating crank-up task forces composed of state and local law enforcement agencies targeting the investigation, seizure, and cleanup of clandestine laboratories used to manufacture methamphetamine. (b) The department shall coordinate all investigations undertaken by task forces operating under the Crank-Up Task Force Program with all local agencies having law enforcement responsibilities within the jurisdictions involved. The department also shall solicit participation by appropriate federal agencies with task force investigations whenever possible. The department shall provide staffing and logistical support for the crank-up task forces, supplying special agents, criminal intelligence analysts, forensic experts, financial auditors, equipment, and funding to the task forces as needed. (c) Local law enforcement agencies participating in the Crank-Up Task Force Program shall be reimbursed by the department for personnel overtime costs and equipment or supplies required for task force activities. (Amended by Stats. 2012, Ch. 867, Sec. 12. (SB 1144) Effective January 1, 2013.)
  196. 116470.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Public water systems must prepare and distribute annual consumer confidence reports, and some systems must also prepare a plain-language report and hold a public hearing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116470. (a) As a condition of its operating permit, every public water system shall annually prepare a consumer confidence report and mail or deliver a copy of that report to each customer, other than an occupant, as defined in Section 799.28 of the Civil Code, of a recreational vehicle park. A public water system in a recreational vehicle park with occupants as defined in Section 799.28 of the Civil Code shall prominently display on a bulletin board at the entrance to or in the office of the park, and make available upon request, a copy of the report. The report shall include all of the following information: (1) The source of the water purveyed by the public water system. (2) A brief and plainly worded definition of the terms “maximum contaminant level,” “primary drinking water standard,” and “public health goal.” (3) If any regulated contaminant is detected in public drinking water supplied by the system during the past year, the report shall include all of the following information: (A) The level of the contaminant found in the drinking water, and the corresponding public health goal and primary drinking water standard for that contaminant. (B) Any violations of the primary drinking water standard that have occurred as a result of the presence of the contaminant in the drinking water and a brief and plainly worded statement of health concerns that resulted in the regulation of that contaminant. (C) The public water system’s address and phone number to enable customers to obtain further information concerning contaminants and potential health effects. (4) Information on the levels of unregulated contaminants, if any, for which monitoring is required pursuant to state or federal law or regulation. (5) Disclosure of any variances or exemptions from primary drinking water standards granted to the system and the basis therefor. (b) On or before July 1, 1998, and every three years thereafter, public water systems serving more than 10,000 service connections that detect one or more contaminants in drinking water that exceed the applicable public health goal, shall prepare a brief written report in plain language that does all of the following: (1) Identifies each contaminant detected in drinking water that exceeds the applicable public health goal. (2) Discloses the numerical public health risk, determined by the office, associated with the maximum contaminant level for each contaminant identified in paragraph (1) and the numerical public health risk determined by the office associated with the public health goal for that contaminant. (3) Identifies the category of risk to public health, including, but not limited to, carcinogenic, mutagenic, teratogenic, and acute toxicity, associated with exposure to the contaminant in drinking water, and includes a brief plainly worded description of these terms. (4) Describes the best available technology, if any is then available on a commercial basis, to remove the contaminant or reduce the concentration of the contaminant. The public water system may, solely at its own discretion, briefly describe actions that have been taken on its own, or by other entities, to prevent the introduction of the contaminant into drinking water supplies. (5) Estimates the aggregate cost and the cost per customer of utilizing the technology described in paragraph (4), if any, to reduce the concentration of that contaminant in drinking water to a level at or below the public health goal. (6) Briefly describes what action, if any, the local water purveyor intends to take to reduce the concentration of the contaminant in public drinking water supplies and the basis for that decision. (c) Public water systems required to prepare a report pursuant to subdivision (b) shall hold a public hearing for the purpose of accepting and responding to public comment on the report. Public water systems may hold the public hearing as part of any regularly scheduled meeting. (d) The department shall not require a public water system to take any action to reduce or eliminate any exceedance of a public health goal. (e) Enforcement of this section does not require the department to amend a public water system’s operating permit. (f) Pending adoption of a public health goal by the Office of Environmental Health Hazard Assessment pursuant to subdivision (c) of Section 116365, and in lieu thereof, public water systems shall use the national maximum contaminant level goal adopted by the United States Environmental Protection Agency for the corresponding contaminant for purposes of complying with the notice and hearing requirements of this section. (g) This section is intended to provide an alternative form for the federally required consumer confidence report as authorized by 42 U.S.C. Section 300g-3(c). (Repealed and added by Stats. 1996, Ch. 755, Sec. 12. Effective January 1, 1997.)
  197. 116475.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may use the Emergency Clean Water Grant Fund for emergency water-supply purposes and must develop and update guidelines for allocating and administering the money.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116475. (a) The Emergency Clean Water Grant Fund is hereby established in the General Fund and, notwithstanding Section 13340 of the Government Code, is continuously appropriated to the department, without regard to fiscal years, to provide financial assistance to public water systems and to fund emergency actions by the department to ensure that safe drinking water supplies are available to all Californians who are served by public water systems. (b) The department may expend funds in the Emergency Clean Water Grant Fund for the purposes specified in subdivision (a), including, but not limited to, payment for all of the following actions: (1) The provision of alternative water supplies and bottled water. (2) Improvements of the existing water supply system. (3) Hookups with adjacent water systems. (4) Design, purchase, installation, and operation and maintenance of water treatment technologies. (c) The department shall develop and revise guidelines for the allocation and administration of moneys in the Emergency Clean Water Grant Fund. These guidelines shall include, but are not limited to, all of the following: (1) A definition of what constitutes an emergency requiring an alternative or improved water supply. (2) Priorities and procedures for allocating funds. (3) Repayment provisions, as appropriate. (4) Procedures for recovering funds from parties responsible for the contamination of public water supplies. The guidelines are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  198. 116480.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must use Emergency Clean Water Grant Fund money only for corrective action needed to remedy or prevent an emergency or imminent public health threat from public water contamination. It may also make written contracts, and limited oral contracts up to $10,000, for remedial action when immediate action is necessary.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116480. (a) The department shall expend moneys available in the Emergency Clean Water Grant Fund only for the purpose of taking corrective action necessary to remedy or prevent an emergency or imminent threat to public health due to the contamination or potential contamination of the public water supply. (b) Notwithstanding any other provision of law, the department may enter into written contracts for remedial action taken or to be taken pursuant to subdivision (a), and may enter into oral contracts, not to exceed ten thousand dollars ($10,000) in obligation, when, in the judgment of the department, immediate remedial action is necessary to remedy or prevent an emergency specified in subdivision (a). The contracts, written or oral, may include provisions for the rental or purchase of tools and equipment, either with or without operators, for the furnishing of labor and materials and for engineering consulting necessary to accomplish the work. (Amended by Stats. 2007, Ch. 614, Sec. 3. Effective January 1, 2008.)
  199. 116485.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department’s remedial actions under Section 116480 are exempt from several listed contracting and Government Code provisions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 12. DRINKING WATER [116270 - 117130] ( Part 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Safe Drinking Water Act [116270 - 116755] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Public Notification [116450 - 116485] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 116485. Any remedial action taken or contracted for by the department pursuant to Section 116480 shall be exempt from the following provisions: (a) State Contract Act provided for pursuant to Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code. (b) Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. (c) Section 14780 of the Government Code and Article 5 (commencing with Section 10355) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code. (d) Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  200. 11650.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 13. Miscellaneous [11650 - 11651] ( Chapter 13 added by Stats. 1972, Ch. 1407. )

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    This section preserves certain prior matters after the division’s effective date and automatically keeps some previously controlled substances controlled.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 13. Miscellaneous [11650 - 11651] ( Chapter 13 added by Stats. 1972, Ch. 1407. ) ## 11650. (a) Prosecution for any violation of law occurring prior to the effective date of this division is not affected or abated by this division. If the offense being prosecuted is similar to one set out in Chapter 6 (commencing with Section 11350) of this division, then the penalties under Chapter 6 (commencing with Section 11350) apply if they are less than those under prior law. (b) Civil seizures or forfeitures and injunctive proceedings commenced prior to effective date of this division are not affected by this division. (c) All administrative proceedings pending under prior laws which are superseded by this division shall be continued and brought to a final determination in accord with the laws and rules in effect prior to the effective date of this division. Any substance controlled under prior law which is not listed within Schedules I through V, is automatically controlled without further proceedings and shall be listed in the appropriate schedule. (d) This division applies to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur on or after the effective date of this division. (Amended by Stats. 1993, Ch. 589, Sec. 90. Effective January 1, 1994.)

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